US Laws, Codes, Statutes & Cases

Chapter 348 — Student Aid; Education Stability Fund; Planning

 

2005 EDITION

 

 

STUDENT AID; STABILITY FUND; PLANNING

 

EDUCATION AND CULTURE

 

POLICY

 

348.005     Policy on student financial aid

 

LOANS GENERALLY

 

348.010     Higher Education Student Loan Fund; investments

 

348.040     Definitions for ORS 348.040 to 348.070

 

348.050     Student loans from Common School Fund; terms and conditions; exceptions

 

348.070     List of suitable career schools

 

348.090     Loans guaranteed by state agency; payment of interest

 

348.095     Reimbursement by commission for default losses

 

348.105     Loan obligations enforceable against minor

 

348.115     Student loans for nursing programs; terms and conditions

 

348.117     Repayment of loans for nursing program; grounds for deferral

 

SCHOLARSHIPS AND GRANTS

 

348.180     Definitions

 

348.183     Legislative intent

 

348.186     Oregon Achievement Grant; qualifications; renewal

 

348.205     Oregon Opportunity Grant program

 

348.210     Scholarships at Eastern Oregon University; scholarships for certain foreign students

 

348.230     Scholastic grants at post-secondary institutions; qualified applicants; renewals

 

348.250     Procedure for awarding grants under ORS 348.230 and 348.260

 

348.260     Oregon Opportunity Grant qualifications and amount; renewal

 

348.265     Grants for students of Oregon Health and Science University

 

348.270     Scholarships for children of deceased or disabled public safety officer and former foster children

 

348.280     Determination of eligibility for scholarships under ORS 348.270; rules

 

348.282     Definitions for ORS 348.283

 

348.283     Oregon Troops to Teachers program; rules

 

348.290     Financial aid to study barbering, hairdressing, manicure and esthetics

 

RURAL MEDICAL EDUCATION LOANS

 

348.310     Loans for medical study; rules

 

348.320     Eligibility for loans; application; written agreement

 

348.330     Amount of loans

 

348.340     Cost-sharing community loan fund program; repayment; exception

 

348.350     Cost-sharing hospital loan fund program; limitation; admission to family practice programs

 

348.360     Renewal of loans

 

348.370     Repayment of loans; interest; conditions; exemption

 

348.390     Rural Medical Education Loan Fund; sources; use

 

STUDENT LOAN DEFAULT

 

348.393     Declaration of default; notice; suspension of certificate or license

 

348.395     Agreements to design and implement database matches and notification procedures

 

348.397     Notices to borrower; challenging default status; notice to entities

 

348.399     Prompt notice required if borrower no longer in default status; reinstatement of certificate or license

 

VOLUNTEERS IN SERVICE TO OREGON VOUCHERS

 

348.405     Definitions for ORS 348.405 to 348.425

 

348.410     Volunteers in Service to Oregon voucher program

 

348.415     Award of vouchers to eligible students; voucher characteristics; funds not personal income; when available; rules

 

348.420     VISTO Fund; sources; uses; limit on administrative expenditures

 

348.425     Report

 

COMMUNITY SERVICE VOUCHER PROGRAM

 

348.427     Voucher program established; amount; recipient eligibility

 

348.429     Voucher amount limited; Oregon Student Assistance Commission duties; vouchers not personal income; rules

 

348.431     Tracking system

 

348.433     Limitation on administrative expenditures

 

348.436     Community Service Voucher Fund

 

COOPERATION BETWEEN OREGON UNIVERSITY SYSTEM AND COMMUNITY

COLLEGES

 

348.470     Legislative findings; cooperation between Oregon University System and community colleges

 

OREGON STUDENT ASSISTANCE COMMISSION

 

(Administration)

 

348.505     “Commission” and “financial aid” defined

 

348.510     Oregon Student Assistance Commission; term; vacancy; confirmation; qualifications

 

348.520     Duties

 

348.530     Powers; rulemaking authority

 

348.540     Officers of commission; quorum; meetings

 

348.550     Compensation and expenses of commission members

 

348.560     Staff; office space

 

348.563     Authority of Oregon Student Assistance Commission to require fingerprints

 

348.570     Funds and accounts created

 

348.575     Crediting of late loan repayments

 

348.580     Agreements with community foundations

 

348.590     Continuous appropriation of certain funds

 

348.592     Loan cancellation insurance

 

(Degrees)

 

348.594     Definition of “school” for ORS 348.594 to 348.615

 

348.596     Purpose of ORS 348.594 to 348.615

 

348.597     Applicability of ORS 348.594 to 348.615

 

348.599     Office of Degree Authorization

 

348.601     Office of Degree Authorization Account

 

348.603     Duties of commission relating to degree authorization and nondegree programs; approval of new post-secondary program or location; rules; fees

 

348.604     Exemption from ORS 348.594 to 348.615

 

348.605     Restrictions and duties of exempted schools

 

348.606     Conferring or offering of degree before approval obtained prohibited; fee; rules

 

348.607     Fee for exemption application; rules; prohibition on requirements for religious exemption

 

348.608     Certification by exempt school; suspension or revocation of exemption; appeal

 

348.609     Representation of possession of academic degree; complaints; civil penalties; rules; fees

 

348.612     Revocation of approval; hearing

 

348.615     Appeal procedure

 

(Scholarship Program Tax Credit)

 

348.616     Minimum criteria for certification of employer program; rules

 

348.618     Requirements for program certification application; acceptance and rejection of application

 

348.621     Requirements for tax credit certification application

 

(Alternative Student Loan Program)

 

348.625     Definitions for ORS 348.570 and 348.625 to 348.695

 

348.630     Eligible recipients; limitations; credit check

 

348.635     Establishment of loan terms and conditions

 

348.640     Administration of loans by private lenders; repayment to state; risk of loss

 

348.645     Administration of loans if private lenders withdraw; rules

 

348.650     Fees

 

348.655     Issuance of revenue bonds; amount; interest tax exempt

 

348.660     Determination to issue revenue bonds; duties of State Treasurer; factors to consider

 

348.665     Applicability of Uniform Revenue Bond Act; powers of State Treasurer

 

348.670     Administrative expenses

 

348.675     Refunding of bonds

 

348.680     Validity of bonds

 

348.685     Covenants in actions authorizing bonds; contents

 

348.690     Liability of state for bonds

 

348.695     Rights and remedies of bondholders and trustees

 

EDUCATION STABILITY FUND

 

(Generally)

 

348.696     Establishment; investment; earnings

 

(Oregon Growth Account)

 

348.701     Definitions for ORS 348.701 to 348.710

 

348.702     Oregon Growth Account

 

348.703     Management and investment of moneys in account; reporting requirement; contracts for investment advice and other services

 

348.704     Allocation, withdrawal and transfer of assets in account

 

348.706     Oregon Resource and Technology Development Subaccount

 

348.707     Oregon Growth Account Board; members; terms; compensation; powers and duties

 

348.710     Confidentiality of records, communications and information

 

(Oregon Education Fund)

 

348.716     Oregon Education Fund; use; payment of education lottery bonds

 

OREGON 529 COLLEGE SAVINGS NETWORK

 

348.841     Definitions for ORS 348.841 to 348.873

 

348.844     Policy on higher education qualified tuition savings program

 

348.849     Oregon 529 College Savings Board; membership

 

348.853     Board powers and duties; establishment of network; rules

 

348.856     Oregon 529 College Savings Network Fund

 

348.857     Network participation; contribution limitations; fees

 

348.860     Right to direct investment of contributions or earnings; liability for loss

 

348.863     Prohibitions and limitations on accounts

 

348.867     Designated beneficiary of account; confidentiality of account information

 

348.869     State interest in contributions and earnings

 

348.870     Account withdrawals; rules; report

 

348.873     Report to Governor and Legislative Assembly

 

COORDINATION OF STATE AGENCIES

 

348.890     Joint Boards of Education; meeting; implementation of agreements

 

(Temporary provisions relating to statewide articulation and transfer system are compiled as

notes following ORS 348.890)

 

348.900     Needs assessment for health care occupations; evaluation of health care education programs

 

EDUCATION COMMISSION OF THE STATES

 

348.950     Education Commission of the States; members; dues

 

PENALTIES

 

348.992     Criminal penalty

 

POLICY

 

      348.005 Policy on student financial aid. (1) The Legislative Assembly finds that:

      (a) The State of Oregon can achieve its full economic and social potential only if all Oregonians have the opportunity to contribute to the full extent of their capabilities and only when financial barriers to their educational goals are removed;

      (b) All Oregonians who meet the appropriate admissions requirements should be able to attend any community college, state institution of higher education or independent not-for-profit institution of post-secondary education regardless of individual economic or social circumstances;

      (c) The interests of this state are best served when public subsidies supporting college students are distributed fairly, equitably and consciously to ensure maximum access and choice for all Oregonians at the least cost to the taxpayers;

      (d) Need-based student financial aid is an effective, efficient and essential means of assisting Oregonians who are unable to afford the full cost of higher education;

      (e) Student financial aid allows Oregonians with limited resources to select academic programs based on their interests, aptitudes and career goals;

      (f) Student financial aid encourages and permits capable and promising Oregonians to persist in their education and training within this state; and

      (g) By assisting Oregonians in this manner, student financial aid contributes to the quality of life of each Oregonian and to the social, cultural and economic well-being of all Oregonians.

      (2) It is the intention of the Legislative Assembly to establish financial assistance programs to enable qualified Oregonians who need student aid to obtain post-secondary education in Oregon’s community colleges, state institutions of higher education or independent not-for-profit institutions of post-secondary education. [1993 c.239 §1; 2005 c.22 §242]

 

LOANS GENERALLY

 

      348.010 Higher Education Student Loan Fund; investments. (1) The Department of Higher Education shall maintain with the State Treasurer a fund separate and distinct from the General Fund known as the Higher Education Student Loan Fund, which shall consist of:

      (a) All moneys made available to the State Board of Higher Education for student loan purposes by state appropriations and by the federal government under terms of the National Defense Education Act of 1958 and amendments thereto, and under terms of the Health Professions Educational Assistance Act of 1963 and the Nurses Training Act of 1964 and amendments thereto;

      (b) Repayments of loans identified in paragraph (a) of this subsection;

      (c) Interest earned on student loans identified in paragraph (a) of this subsection; and

      (d) Earnings from investments of the Higher Education Student Loan Fund.

      (2) All moneys in the Higher Education Student Loan Fund are continuously appropriated to the Department of Higher Education for the purpose of granting student loans under the terms established by the National Defense Education Act of 1958 and amendments thereto, under terms of the Health Professions Educational Assistance Act of 1963 and the Nurses Training Act of 1964 and amendments thereto.

      (3) The repayment in whole or part of any student loan made under terms of the National Defense Education Act of 1958 and amendments thereto, under terms of the Health Professions Educational Assistance Act of 1963 and the Nurses Training Act of 1964 and amendments thereto, shall be made pursuant to the provisions of the applicable federal statutes and repayment to the Higher Education Student Loan Fund shall be made in accordance with applicable federal statutes.

      (4) Funds in the Higher Education Student Loan Fund not needed for student loans may be invested by the State Treasurer as other public funds are invested under ORS 293.701 to 293.820. The State Treasurer shall credit to the Higher Education Student Loan Fund any interest or other income derived from such investment. [Formerly 351.570; 1987 c.102 §1; 1999 c.311 §4; 2005 c.22 §243]

 

      348.040 Definitions for ORS 348.040 to 348.070. As used in ORS 348.040 to 348.070, unless the context requires otherwise:

      (1) “Commission” means the Oregon Student Assistance Commission.

      (2) “Eligible student” means a person who is a resident of this state, as determined by the Oregon Student Assistance Commission, at the time of application for a loan under ORS 348.040 to 348.070:

      (a) Who is enrolled in or has applied for enrollment in a qualified school;

      (b) Who has demonstrated a satisfactory level of achievement in the high school or other school on the record of which the application for enrollment is based or in which the applicant is enrolled; and

      (c) Who can show the necessity for financial assistance in order to continue the applicant’s education.

      (3) “Qualified school” means a school within this state which is a:

      (a) Four-year, nonprofit, generally accredited institution of higher education;

      (b) Accredited public or private community college or education center, or one recognized by a state educational agency;

      (c) Career school that is approved by the Superintendent of Public Instruction;

      (d) Medical or dental program offered by the Oregon Health and Science University;

      (e) Veterinary program offered by Oregon State University; or

      (f) Institution which is, in the opinion of the commission, comparable to such institutions, colleges, centers or schools.

      (4) When the commission certifies that the course is not available within this state, a qualified school may include an institution, college, center or school not located in this state. [1965 c.532 §1; 1977 c.762 §6; 1981 c.324 §2; 1995 c.343 §33; 1999 c.704 §9]

 

      348.050 Student loans from Common School Fund; terms and conditions; exceptions. (1) Upon approval of the loan application of an eligible student by the Oregon Student Assistance Commission, the Department of State Lands may loan an amount from the Common School Fund to the student in compliance with ORS 348.040 to 348.070. The loan shall be evidenced by a written obligation but no additional security shall be required. Notwithstanding any provision in this section, the department may require cosigners on the loans.

      (2) Loans granted under ORS 348.040 to 348.070 to eligible students by the department shall:

      (a) Not exceed $1,000 in a single academic year to an undergraduate student.

      (b) Not exceed $4,000 in a single academic year to a graduate or professional student.

      (c) Not exceed $16,000 for all loans made to a student under ORS 348.040 to 348.070.

      (3) Payment of interest shall be as follows:

      (a) Medical and dental student borrowers at the Oregon Health and Science University and veterinary student borrowers at Oregon State University shall be assessed at least six percent interest per annum on the unpaid balance from the date of the note. Interest payments by these borrowers shall be deferred until they cease to be enrolled. During the interest deferment period, the Oregon Student Assistance Commission shall pay the department the negotiated rate of interest on an annual basis. The borrower shall reimburse the Oregon Student Assistance Commission for these interest payments as provided in subsection (4) of this section. These borrowers shall commence direct payment of accruing interest to the department at the time they cease to be enrolled.

      (b) All other borrowers are required to pay at least seven percent interest per annum on the unpaid balance from the date of the loan as provided in subsection (4) of this section.

      (c) The Oregon Student Assistance Commission shall pay annually to the department a maximum of three percent per annum on the unpaid balance of all medical, dental and veterinary student borrower loans. The rate of this special payment may vary annually and will be negotiated by the Oregon Student Assistance Commission and the department.

      (d) The interest rates to be charged the borrower for the school year as stated in paragraphs (a) and (b) of this subsection shall be negotiated by the department and the Oregon Student Assistance Commission.

      (4)(a) Repayment of the principal and accruing and deferred interest on loans shall be commenced not later than 12 months after the student’s graduation or other termination of the student’s education.

      (b) Notwithstanding any other provision of this section, medical, dental and veterinary student borrowers who enter approved post-graduate study programs shall commence repayment of the principal and the accruing and deferred interest on loans no later than 12 months following the completion of the post-graduate study program or 60 months, whichever is sooner.

      (c) Repayment shall be completed in a maximum of 120 months from the time repayment is commenced. However, nothing in this section is intended to prevent repayment without penalty at an earlier date than provided in this section or to prohibit the department, with the consent of the Oregon Student Assistance Commission, from extending the repayment period to a date other than permitted by this subsection.

      (5) Notwithstanding any other provision of this section, the department may loan an amount from the Common School Fund to a student under guaranteed programs authorized by the Higher Education Act of 1965, as amended, commonly known as the Guaranteed Student Loan Program and the Parent’s Loans for Undergraduate Students Program. Neither the limitations on amounts set forth in subsection (2) of this section nor the subsidies authorized by subsection (3) of this section apply to such loans. ORS 327.484 does not apply to such loans. [1965 c.532 §2; 1969 c.573 §3; 1977 c.725 §1; 1977 c.762 §7; 1981 c.324 §1; 1983 c.483 §1]

 

      348.060 [1965 c.532 §3; repealed by 1971 c.577 §3]

 

      348.070 List of suitable career schools. To assist the Oregon Student Assistance Commission and the Department of State Lands in determining the qualification of schools, the Superintendent of Public Instruction shall maintain a listing of career schools offering professional and technical training that meets the occupational needs of the student. [1965 c.532 §4; 1995 c.343 §34]

 

      348.080 [1965 c.532 §10; repealed by 1967 c.477 §5]

 

      348.090 Loans guaranteed by state agency; payment of interest. In addition to and not in lieu of student loans authorized pursuant to ORS 348.040 to 348.070, the Department of State Lands may make loans to students who are Oregon residents if the loans are guaranteed by a state agency. The terms, conditions and rates of interest of such loans may be determined by the department so as to take advantage of any federal statute providing for full or partial payment of interest on such loans. [1967 c.477 §4]

 

      348.095 Reimbursement by commission for default losses. From funds available therefor, the Oregon Student Assistance Commission shall reimburse the Department of State Lands for any loss resulting from default of a student loan under ORS 348.040 to 348.070. Funds appropriated under ORS 348.050 to pay interest to the department on loans to medical, dental and veterinary students shall also be available to reimburse the department for any loss resulting from default of a student loan under ORS 348.040 to 348.070. [1977 c.762 §10; 1987 c.130 §1]

 

      348.105 Loan obligations enforceable against minor. (1) As used in this section:

      (a) “Educational institution” means any post-secondary educational institution that is approved or accredited by the Northwest Association of Schools and Colleges, by its regional equivalent or by the appropriate official, department or agency of the state or nation in which the institution is located, and that is:

      (A) A four-year college or university;

      (B) A junior college or community college; or

      (C) A technical, professional or career school.

      (b) “Educational loan” means a loan or other aid or assistance for the purpose of furthering the obligor’s education at an educational institution.

      (c) “Person” means an individual, corporation, government or governmental subdivision or agency, business trust, estate, trust, partnership or association, or any other legal entity.

      (2) Notwithstanding any other provision of law, any written obligation made by any minor in consideration of an educational loan received by the minor from any person shall be as valid and binding as if the minor had, at the time of making and executing the obligation, attained the age of majority, but only if prior to the making of the educational loan an educational institution has certified in writing to the person making the educational loan that the minor is enrolled, or has been accepted for enrollment, in the educational institution.

      (3) Any obligation mentioned in subsection (2) of this section may be enforced in any action or proceeding against such person in the name of the person and shall be valid, insofar as the issue of age is concerned, without the consent thereto of the parent or guardian of such person. Such person may not disaffirm the obligation because of age nor may such person interpose in any action or proceeding arising out of the educational loan the defense that the borrower is, or was, at the time of making or executing the obligation, a minor.

      (4) Any parent or legal guardian who did not consent to guarantee or otherwise ensure performance of the obligation mentioned in subsection (2) of this section shall not be liable for payment of such obligation. [Formerly 348.805; 1977 c.725 §2; 1995 c.343 §35; 2005 c.22 §244]

 

      348.115 Student loans for nursing programs; terms and conditions. (1) In addition to any other financial aid provided by law, the Oregon Student Assistance Commission, pursuant to rule, may award loans to a qualified resident of this state upon the resident’s acceptance and entry into a baccalaureate or associate degree nursing program at a post-secondary institution in Oregon. The loans may be forgiven upon fulfillment of the requirements of subsection (4) of this section.

      (2) The loans authorized by subsection (1) of this section:

      (a) Shall be made based on achievement, ability, need and motivation;

      (b) Shall be made on an annual basis subject to renewal upon satisfactory performance for the duration of the nursing program; and

      (c) Shall be made in annual amounts not to exceed 50 percent of the sum of tuition, fees and room and board for each participating student.

      (3) Priority in awarding loans shall be given to:

      (a) A resident employed in the health care field at the time of application; and

      (b) A resident who agrees to practice in an area where there is a critical shortage of nurses, as determined annually by the Oregon State Board of Nursing in consultation with the Office of Rural Health.

      (4) The resident receiving a loan under this section must agree to practice nursing at least half-time in an area described in subsection (3)(b) of this section or in an area of specialty that is underserved for one calendar year for each academic year for which the loan is received. If the resident does not fulfill the practice requirement within five years of graduation, the amount received shall be considered a loan, repayable as provided in ORS 348.117, for each year for which the practice requirement is not met. [1991 c.947 §16; 1993 c.765 §51; 1999 c.704 §10; 2001 c.599 §4]

 

      Note: 348.115 is repealed July 1, 2012. See section 8, chapter 599, Oregon Laws 2001.

 

      348.117 Repayment of loans for nursing program; grounds for deferral. (1) Student borrowers under ORS 348.115 shall be required to pay at least seven percent interest per annum on the unpaid balance from the date of the loan as provided in subsection (5) of this section.

      (2) Repayment of the principal and accruing and deferred interest on loans shall be commenced not later than 12 months after the student’s completion of the nursing program or other termination of the student’s education.

      (3) Repayment of loans shall be deferred upon application therefor for up to three years during which:

      (a) The student borrower is enrolled as at least a half-time student in a subsequent nursing program leading to a nursing degree higher than that attained in the initial program; or

      (b) The student borrower shows inability to locate suitable employment.

      (4) Repayment commences under the usual terms if the student borrower ceases to be employed as a nurse in this state before completing the practice requirements set forth in ORS 348.115 (4).

      (5) Repayment shall be completed in a maximum of 120 months from the time repayment is commenced. However, nothing in this subsection is intended to prevent repayment without penalty at an earlier date than provided in this subsection or to prohibit the Oregon Student Assistance Commission from extending the repayment period to a date other than specified by this subsection.

      (6) A student who borrows under ORS 348.115 shall have 100 percent of principal and accrued interest on loans under this section, ORS 348.115, 353.450, 442.470, 442.520, 442.550 to 442.570 and 656.256 canceled if it can be documented that, within five years of graduation:

      (a) The student has completed one calendar year of full-time employment as a nurse in the State of Oregon for each academic year in which a loan was received; or

      (b) The student has completed two calendar years of half-time employment as a nurse in the State of Oregon for each academic year in which a loan was received.

      (7) A student who borrows under this section, ORS 348.115, 353.450, 442.470, 442.520, 442.550 to 442.570 and 656.256 and completes at least one calendar year of the practice obligation described in subsection (6) of this section shall have the amount of principal and accrued interest on loans under this section, ORS 348.115, 353.450, 442.470 442.520, 442.550 to 442.570 and 656.256 canceled for each calendar year of qualifying practice that is:

      (a) For full-time practice, equal to the principal and accrued interest on the loan borrowed for the comparable academic year of award; or

      (b) For half-time practice, equal to half of the principal and accrued interest on the loan borrowed for the comparable academic year of the award.

      (8) Repayment of any remaining principal and interest shall be waived upon the death or total and permanent disability of the student borrower. [1991 c.947 §17; 2001 c.599 §5]

 

      Note: 348.117 is repealed July 1, 2012. See section 8, chapter 599, Oregon Laws 2001.

 

      348.120 [1987 c.896 §§24, 28; 1993 c.45 §283; renumbered 329.757 in 1993]

 

      348.125 [1987 c.896 §25; 1991 c.67 §89; 1993 c.45 §284; renumbered 329.765 in 1993]

 

      348.130 [1987 c.896 §26; 1989 c.159 §1; renumbered 329.775 in 1993]

 

      348.135 [1987 c.896 §27; 1993 c.45 §285; renumbered 329.780 in 1993]

 

SCHOLARSHIPS AND GRANTS

 

      348.180 Definitions. As used in this section and ORS 348.183, 348.186, 348.230, 348.250 and 348.260:

      (1) “Cost of education” includes but is not limited to, tuition, fees and living expenses.

      (2) “Eligible post-secondary institution” means:

      (a) A state institution under the direction of the State Board of Higher Education;

      (b) A community college operated under ORS chapter 341;

      (c) The Oregon Health and Science University; or

      (d) An Oregon-based, generally accredited, not-for-profit institution of higher education.

      (3) “Financial need” means that the financial capacity of both the student and the student’s family to contribute to the cost of the student’s education is not adequate to meet the total cost of education for any term, according to a system of need analysis approved by the Oregon Student Assistance Commission.

      (4) “Qualified student” means any resident student who plans to attend an eligible post-secondary institution and who:

      (a) Has not achieved a baccalaureate or higher degree from any post-secondary institution;

      (b) Is enrolled in an eligible program as defined by rule of the Oregon Student Assistance Commission; and

      (c) Is making satisfactory academic progress as defined by rule of the Oregon Student Assistance Commission. [1999 c.1070 §3; 2001 c.321 §1]

 

      348.183 Legislative intent. (1) The Legislative Assembly recognizes:

      (a) That an investment in educational opportunities for all Oregonians is an investment in a strong and stable economy and greater personal opportunities;

      (b) That the single largest barrier to attending an institution of higher education is lack of finances;

      (c) The broad and diverse range of quality post-secondary educational services provided by Oregon’s institutions of higher education, including Oregon’s community colleges, state institutions and independent not-for-profit institutions of higher education; and

      (d) The positive effects on Oregon’s citizens, families and economy of encouraging talented and hardworking students to stay in Oregon to pursue a post-secondary education.

      (2) It is the intent of the Legislative Assembly to:

      (a) Empower students who have achieved a Certificate of Initial Mastery with the ability to attend an Oregon institution of higher education; and

      (b) Reward all Oregon students who have achieved a Certificate of Initial Mastery or a comparable level of academic merit in Oregon schools with the opportunity and the necessary funding to attend an Oregon institution of higher education. [1999 c.1070 §2]

 

      348.186 Oregon Achievement Grant; qualifications; renewal. (1) In addition to any other form of student financial aid authorized by law, the Oregon Student Assistance Commission shall award, to the extent funds are made available, an Oregon Achievement Grant to any qualified student who:

      (a) Commences at least half-time study toward a degree at the eligible post-secondary institution within three years of high school graduation; and

      (b) Has received a Certificate of Initial Mastery or, while a resident of Oregon, has scored at or above a level on a nationally recognized college admissions test as determined by the Oregon Student Assistance Commission.

      (2) Any qualified student receiving an Oregon Achievement Grant under subsection (1) of this section must use the grant for the purpose of study in an eligible program, as defined by rule of the Oregon Student Assistance Commission, at an eligible post-secondary institution.

      (3) The Oregon Student Assistance Commission may not award an Oregon Achievement Grant to a qualified student who is enrolled in a course of study required for and leading to a degree in theology, divinity or religious education.

      (4) Each Oregon Achievement Grant shall be renewed yearly provided that the recipient has maintained satisfactory progress toward a first associate or baccalaureate degree as determined by the Oregon Student Assistance Commission.

      (5) Notwithstanding subsection (4) of this section, no Oregon Achievement Grant shall be renewed after a qualified student has reached the number of credit hours required to graduate with a baccalaureate degree at the institution the student is attending. [1999 c.1070 §4; 2001 c.321 §2]

 

      348.205 Oregon Opportunity Grant program. It is the intention of the Legislative Assembly to establish the Oregon Opportunity Grant program. Oregon Opportunity Grants awarded under this program shall be a uniform percentage of the student’s financial need as determined in ORS 348.260 (1)(b). [1971 c.735 §1; 1999 c.1070 §8; 2001 c.321 §8]

 

      348.210 Scholarships at Eastern Oregon University; scholarships for certain foreign students. (1) In addition to any other scholarships provided by law, the Oregon Student Assistance Commission may award scholarships at Eastern Oregon University to resident undergraduate students applying for enrollment in the university or who are pursuing courses therein. The number of students who receive scholarships under this subsection may not exceed two and one-half percent of the number of students who are enrolled at the university. The scholarships shall be awarded upon the basis of a record of high intellectual standing and deportment in the school or institution where the applicant has received or is receiving preparatory training, the necessity for financial assistance and other qualifications of such nature that the awarding of scholarships will operate not only to the advantage of the applicant but to the people of Oregon. A scholarship awarded under this subsection may not exceed in value the amount of the tuition and other fees, including the fees that are levied against the recipient of the scholarship by the State Board of Higher Education at the university.

      (2) The commission may award tuition and fee-exempting scholarships to students from foreign nations who are enrolled in state institutions of higher education. A student may not receive a scholarship under this subsection that exceeds the amount of tuition and fees owed by the student.

      (3) The value of scholarships awarded each year under subsection (2) of this section may not exceed in aggregate an amount equal to 10 percent of the amount of tuition and fees paid in the preceding year to the Department of Higher Education by students enrolled in state institutions of higher education who were not Oregon residents. [Formerly 351.120 and then 351.605; 1967 c.530 §6; 1971 c.735 §2; 1973 c.721 §1; 1997 c.11 §8; 2005 c.22 §245]

 

      348.220 [Formerly 351.610; 1967 c.530 §7; repealed by 1971 c.735 §10]

 

      348.230 Scholastic grants at post-secondary institutions; qualified applicants; renewals. (1) In addition to any other financial aid provided by law, the Oregon Student Assistance Commission may award to qualified residents of this state scholastic grants in any eligible post-secondary institution.

      (2) A qualified applicant is one who has an achievement of high intellectual standing and deportment in the school or institution on the records of which the application is based, and who demonstrates, to the satisfaction of the commission, that the applicant has superior capacity to profit by post-high-school education.

      (3) If the recipient of a grant under this section meets the standards for renewal of that grant, the grant may be renewed, upon application of the recipient, until the recipient has received a total of four undergraduate years under this section or until the recipient has completed an undergraduate course of study, whichever is less.

      (4) Nothing in subsection (3) of this section shall be construed to mean that the commission may not increase or reduce the amount of the grant upon application for renewal.

      (5) No grant shall be made to any student enrolled in a course of study required for and leading to a degree in theology, divinity or religious education. [Formerly 351.620; 1971 c.735 §3; 1973 c.721 §2; 1977 c.725 §3; 1989 c.845 §1; 2001 c.321 §3]

 

      348.240 [Formerly 351.625; repealed by 1971 c.735 §10]

 

      348.250 Procedure for awarding grants under ORS 348.230 and 348.260. (1) Grants established under ORS 348.230 and 348.260 shall be awarded by the Oregon Student Assistance Commission in the manner provided in this section.

      (2) Persons interested in obtaining a grant established under ORS 348.230 and 348.260 may apply to the commission for a grant.

      (3) The commission shall screen or cause to be screened the applications and shall determine for each available grant the person best qualified to receive that grant. A qualified applicant is eligible to receive a grant established under ORS 348.230 and 348.260 if:

      (a) The applicant’s financial need is such that in the opinion of the commission financial aid is warranted; and

      (b) The applicant plans to be a student at the eligible post-secondary institution where the grant is to be used.

      (4) The commission shall not discriminate for or against any applicant for a grant.

      (5) Nothing in ORS 348.210 to 348.260, 348.505 to 348.615, 348.696 and 348.992 shall be construed to require any institution to admit a grant recipient or to attempt to control or influence the policies of the institution.

      (6) Whenever funds are not available to award grants to all qualified students, the commission shall give priority to applicants who are or plan to be full-time students at the eligible post-secondary institution where the grant is to be used. A student shall be considered to be a full-time student if the combination of credit hours at more than one eligible post-secondary institution equals full-time attendance, according to the institution disbursing the grant funds.

      (7) As used in this section, “discriminate” has the meaning given “discrimination” in ORS 659.850. [Formerly 351.630; 1973 c.721 §3; 1977 c.725 §4; 1993 c.45 §286; 1997 c.203 §1; 1997 c.524 §4; 2001 c.321 §4]

 

      348.260 Oregon Opportunity Grant qualifications and amount; renewal. (1)(a) In addition to any other form of student financial aid authorized by law, the Oregon Student Assistance Commission may award Oregon Opportunity Grants, to the extent funds are made available, to qualified students who have financial need.

      (b) Eligibility, financial need and the amount of an Oregon Opportunity Grant shall be determined annually by the Oregon Student Assistance Commission in consultation with representatives from the educational sectors. In determining these factors, the Oregon Student Assistance Commission shall take into consideration available state funds, available federal funds, the cost of education at the eligible post-secondary institutions and the family’s ability to contribute.

      (c) Grant funds necessary to meet matching requirements for federal funds under the Leveraging Educational Assistance Partnership Program and Special Leveraging Educational Assistance Partnership Program of the United States Department of Education may also be used to award grants to qualified students in any eligible post-secondary institution approved by the Oregon Student Assistance Commission.

      (2) Oregon Opportunity Grants may be awarded under this section to qualified students enrolled for any term, including summer term.

      (3) If a qualified student receiving an Oregon Opportunity Grant under this section meets the standards for renewal of the grant, the grant may be renewed upon application until the qualified student has received the total of four undergraduate years of study in an eligible program as defined by the Oregon Student Assistance Commission.

      (4) A qualified student who receives an Oregon Opportunity Grant under this section must attend the institution, college or school upon which the grant application is based unless the Oregon Student Assistance Commission authorizes the grant to be used at a different institution, college or school. A qualified student who receives a grant under this section may attend more than one institution, college or school if the grant application was based on the qualified student attending more than one institution, college or school.

      (5) No Oregon Opportunity Grant shall be made to any qualified student enrolled in a course of study required for and leading to a degree in theology, divinity or religious education.

      (6) No Oregon Opportunity Grant awarded under this section shall exceed 50 percent of the qualified student’s financial need as determined by the Oregon Student Assistance Commission. [1971 c.735 §4; 1973 c.721 §4; 1977 c.725 §5; 1977 c.762 §8; 1987 c.175 §1; 1989 c.845 §2; 1993 c.820 §1; 1997 c.203 §2; 1999 c.1070 §11; 2001 c.321 §§5,6]

 

      348.265 Grants for students of Oregon Health and Science University. (1) In addition to any other form of student financial aid authorized by law, the Oregon Student Assistance Commission may award grants to qualified residents of this state who are enrolled in the professional medical, nursing or dental programs at the Oregon Health and Science University.

      (2) A qualified applicant for a grant under this section is one who plans to attend the Oregon Health and Science University but whose financial capacity and that of the applicant’s family to contribute to the educational costs are not adequate to meet such costs, as determined by the Oregon Student Assistance Commission.

      (3) Grants may be received by a student each year of attendance depending on the continuing need of the student for such grant.

      (4) No grant awarded under this section shall exceed the amount of the difference between the award year tuition and fees assessed and the tuition and fees assessed for that program in the academic year 1976-1977. [1977 c.762 §9; 1989 c.845 §4]

 

      348.270 Scholarships for children of deceased or disabled public safety officer and former foster children. (1) In addition to any other scholarships provided by law, the Oregon Student Assistance Commission shall award scholarships in any state institution under the State Board of Higher Education, in the Oregon Health and Science University, in any community college operated under ORS chapter 341, or in any Oregon-based regionally accredited independent institution, to any student applying for enrollment or who is enrolled therein, who is:

      (a) The natural, adopted or stepchild of any public safety officer who, in line of duty, was killed or so disabled, as determined by the Oregon Student Assistance Commission, that the income of the disabled public safety officer is less than that earned by public safety officers performing duties comparable to those performed at the highest rank or grade attained by the disabled parent; or

      (b) A former foster child who enrolls in an institution of higher education as an undergraduate student not later than three years from the date the student was removed from the care of the Department of Human Services, the date the student graduated from high school or the date the student received the equivalent of a high school diploma, whichever date is earliest.

      (2) Scholarships awarded under this section to students who are dependents of public safety officers or who are former foster children shall equal the amount of tuition and all fees levied by the institution against the recipient of the scholarship. However, scholarships awarded to students who attend independent institutions shall not exceed the amount of tuition and all fees levied by the University of Oregon.

      (3) If the student who is the dependent of a deceased public safety officer continues to remain enrolled in a state institution of higher education or a community college or an independent institution within the State of Oregon, the student shall be entitled to renewal of the scholarship until the student has received the equivalent of four years of undergraduate education and four years of post-graduate education.

      (4) If the student who is the dependent of a disabled public safety officer or who is a former foster child continues to remain enrolled in a state institution of higher education or a community college or an independent institution within the State of Oregon, the student shall be entitled to renewal of the scholarship until the student has received the equivalent of four years of undergraduate education.

      (5) The Oregon Student Assistance Commission may require proof of the student’s relationship to a deceased or disabled public safety officer described in subsection (1) of this section or proof that the student is a former foster child.

      (6) As used in this section:

      (a) “Former foster child” means an individual who, for a total of 12 or more months while between the ages of 16 and 21, was a ward of the court pursuant to ORS 419B.100 (1)(b) to (e) and in the legal custody of the Department of Human Services for out-of-home placement.

      (b) “Public safety officer” means:

      (A) A firefighter or police officer as those terms are defined in ORS 237.610.

      (B) A member of the Oregon State Police. [1973 c.784 §1; 1977 c.725 §6; 1995 c.162 §70; 1997 c.515 §1; 2001 c.730 §1]

 

      348.280 Determination of eligibility for scholarships under ORS 348.270; rules. The Oregon Student Assistance Commission shall:

      (1) Determine which students are eligible beneficiaries.

      (2) Grant the appropriate scholarships under ORS 348.270.

      (3) Make necessary rules for application and distribution of the benefits available under ORS 348.270 and this section.

      (4) Establish rules and procedures necessary to carry out the provisions of ORS 348.270 and this section, including but not limited to the usual and customary rules for analyzing financial need.

      (5) In awarding scholarships pursuant to its authority under ORS 348.520, the Oregon Student Assistance Commission shall give priority to students who are eligible for scholarships under ORS 348.270. [1973 c.784 §§2,3; 1997 c.515 §2]

 

      348.282 Definitions for ORS 348.283. As used in this section and ORS 348.283:

      (1) “Armed Forces of the United States” means:

      (a) The Army, Navy, Air Force, Marine Corps and Coast Guard of the United States;

      (b) The reserves of the Army, Navy, Air Force, Marine Corps and Coast Guard of the United States; and

      (c) The Oregon National Guard and a National Guard of any other state or territory.

      (2) “Public post-secondary institution” means:

      (a) A state institution under the direction of the State Board of Higher Education; and

      (b) A community college operated under ORS chapter 341.

      (3) “Veteran” means a person who served on active duty with the Armed Forces of the United States and was discharged or released from active duty with other than a dishonorable discharge. [2005 c.831 §8]

 

      Note: 348.282 and 348.283 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 348 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

 

      348.283 Oregon Troops to Teachers program; rules. (1) There is established within the Oregon Student Assistance Commission the Oregon Troops to Teachers program. Through the program, the commission shall pay for all of the resident tuition charges of a veteran imposed by a public post-secondary institution, provided the veteran:

      (a) Was discharged from the Armed Forces of the United States;

      (b) Is a resident of Oregon; and

      (c) Agrees to teach:

      (A) In an Oregon school district or public charter school classified as serving a high poverty area for not less than three years; or

      (B) In the area of mathematics, science or special education for not less than four years.

      (2) An award under subsection (1) of this section shall be used for the purpose of paying resident tuition. The commission may not award funds under subsection (1) of this section for the purpose of paying for books, supplies, housing, food or any other costs associated with attending a public post-secondary institution.

      (3) The commission shall adopt rules necessary for the implementation and administration of this section in consultation with the Department of Education and the Department of Higher Education. [2005 c.831 §9]

 

      Note: See note under 348.282.

 

      348.290 Financial aid to study barbering, hairdressing, manicure and esthetics. The Oregon Student Assistance Commission shall apply the interest on the amount transferred to the Oregon Student Assistance Fund under section 4, chapter 377, Oregon Laws 1985, to provide financial aid, as defined in ORS 348.505, to students to study barbering, hairdressing, manicure and esthetics at eligible post-secondary schools. [1985 c.377 §3; 1987 c.31 §19; 2005 c.117 §13]

 

      Note: Legislative Counsel has substituted “Oregon Student Assistance Fund” for “State Scholarship Commission Fund” in 348.290 pursuant to section 4, chapter 704, Oregon Laws 1999.

      348.300 [1973 c.791 §1; repealed by 1977 c.725 §8]

 

      348.305 [1969 c.624 §1; repealed by 1971 c.735 §10]

 

RURAL MEDICAL EDUCATION LOANS

 

      348.310 Loans for medical study; rules. (1) The Oregon Student Assistance Commission is authorized to make loans to all qualified applicants, from the fund created in ORS 348.390 (1), to assist in financing the cost of a program of study leading to the degree of Doctor of Medicine or to the degree of Doctor of Osteopathic Medicine.

      (2) The Oregon Student Assistance Commission shall:

      (a) Develop criteria for the preparation of applications and procedures for the submission, evaluation, priority selection and award of loans provided for in ORS 348.310 to 348.390;

      (b) Determine the number and amount of loans and loan renewals; and

      (c) Adopt such rules as may be necessary to implement ORS 348.310 to 348.390. [1979 c.532 §2]

 

      348.315 [1969 c.624 §2; repealed by 1971 c.735 §10]

 

      348.320 Eligibility for loans; application; written agreement. (1) A person shall be eligible for a loan under ORS 348.310 to 348.390 if the person is:

      (a) A bona fide resident of this state;

      (b) Accepted for enrollment, or is a student in good standing in the professional medical program at an accredited medical school located in the United States or in an accredited school of osteopathic medicine;

      (c) As a result of personal financial resources, unable to pursue a program of study in the absence of a loan or would be unable to do so without great hardship; and

      (d) Desirous of practicing medicine in a rural community in this state, and in an area which meets the qualifications of a medical shortage area.

      (2) The person desiring consideration for a loan under ORS 348.310 to 348.390 shall apply to the Oregon Student Assistance Commission.

      (3) The person desiring consideration for a loan under ORS 348.310 to 348.390 shall agree in writing to practice medicine in a medical shortage area as defined by the Director of Human Services, for a period equal to the period covered by the loan, but no less than two years. [1979 c.532 §4; 1987 c.660 §17]

 

      348.325 [1969 c.624 §3; repealed by 1971 c.735 §10]

 

      348.330 Amount of loans. In addition to any other financial aid provided by law, the Oregon Student Assistance Commission may grant loans in the following amounts:

      (1) Persons in their first or second year of study, or the equivalent thereof, are eligible for an amount not to exceed $5,000 per academic year.

      (2) Persons in their third or fourth year of study, or the equivalent thereof, are eligible for an amount not to exceed $7,500 per academic year. [1979 c.532 §5]

 

      348.335 [1969 c.624 §4; repealed by 1971 c.735 §10]

 

      348.340 Cost-sharing community loan fund program; repayment; exception. (1) The Oregon Student Assistance Commission is further authorized to establish and administer cost-sharing loan fund programs which provide for assistance, in conjunction with community agencies or organizations, selected and approved by the commission in a rural community in the state having a population of fewer than 7,500 persons. Participation in such a program shall be on a matching funds basis between the Rural Medical Education Loan Fund and the approved community agency and shall fund the educational costs, fees and charges of a specific, eligible student, who shall be approved by the participating community and the Oregon Student Assistance Commission.

      (2) Funds provided from the Rural Medical Education Loan F