Oregon Chapter 341
Chapter 341 — Community CollegesDownload Full 2005 Oregon Revised Statutes (coming soon!)
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Chapter 341 —
Community Colleges
2007 EDITION
COMMUNITY COLLEGES
EDUCATION AND CULTURE
GENERAL PROVISIONS
341.005 Definitions
341.009 Policy
341.015 Guidelines
for districts
DIRECT AND CONTRACT SERVICES
341.019 All
areas in state to be served by district; procedure; responsibility; rules;
local advisory committees; duties
341.021 Provision
of service outside districts; proposals; costs
341.022 Maximum
reimbursable enrollments in nondistrict areas
341.024 Rules
COMMUNITY COLLEGE DISTRICTS
(Formation)
341.025 Petition
for formation of district
341.039 Community
college service district; petition; powers; question for electors; method of
change
341.041 Conversion
of certain community college service districts to community college districts
341.045 Feasibility
study; hearing
341.055 Hearing;
alteration of proposed boundaries
341.065 Dismissal
of petition
341.076 State
board recommendation to legislature; appeal; revision of recommendation;
hearing; effect of legislative action
341.085 Election
for formation of district
341.095 Election
shall include question of rate limit for operating taxes and may include
question of organizational expense
341.102 Payment
of formation election expenses
341.105 List
of electors
341.115 Effect
of election results
341.125 First
board
(Zones)
341.175 Adjustment
of zone boundaries
341.185 Review
of zone boundaries
BOARD OF EDUCATION
(Composition)
341.275 Community
college district board; qualifications
(Organization)
341.283 Organization;
meetings; quorum; rules; journal; expenses
(Status)
341.287 Status;
official title of board
(Powers)
341.290 General
powers; rules
341.300 Traffic
control; conditions on parking privileges; rules; penalty
341.305 Tax
levy
341.308 Authority
to certify operating taxes
341.309 Establishment
of interstate taxing authority
341.311 Eminent
domain
341.312 Self-insurance
program
341.315 Contract
for educational services
341.317 Educational
services to inmates at correctional institutions; reimbursement
341.319 Intellectual
property
341.321 Reserve
fund; establishment and termination procedures
(Nomination and Election)
341.326 Qualification
341.327 Mode
of election of board
341.331 Change
in method of nominating and electing board
341.335 Vacancy;
filling of vacancy; term of appointed member
341.339 Position
numbers required for at-large positions
341.341 Assigning
position numbers
ELECTIONS GENERALLY
341.356 Election
laws applicable
341.357 Publication
of notices
341.369 Special
elections
341.371 Board
resolution required to submit question to electors
341.379 Eligibility
of electors following certain events
ESTABLISHMENT AND OPERATION OF COMMUNITY
COLLEGES
(Establishment)
341.405 Establishment
of community college
341.415 Official
name of college
341.420 Procedure
for name changes for district or college
(Programs and Courses)
341.425 Approval
required to commence or change program and for transfer credits
341.440 Contracts
with other districts, state department, university or private schools for
educational services
341.450 Two-plus-two
programs and other related programs
341.455 Credit
for private career school courses; transcripting fee
341.460 Credit
for traffic safety education course not permitted
341.463 Courses
in American Sign Language
341.465 Certificates
and associate degrees
(Students)
341.475 Student
loan fund
341.485 Scholarships
341.505 Admission
of students
341.525 Contracts
for reimbursement between college districts; effect of high school student’s
enrollment on school funding
341.527 Admission
of nonresident students at resident tuition rate under certain conditions;
exchange procedures; rules
341.528 Residency
for purpose of distribution of state aid
341.529 Admission
of members of Armed Forces, spouses and dependent children; fee and tuition
rate
341.531 Rights
of student in military ordered to active duty; rules
341.532 Credit
for room, board, tuition and fees for student ordered to active duty; rules
341.533 Credit
for education and training received in Armed Forces
(Employees)
341.535 Qualifications
of faculty; appraisal
341.541 Affirmative
action plans, goals when faculty, staff reductions required
341.547 Notice
of reasonable assurance of continued employment; effect of failure to give
notice
341.551 Optional
retirement plan for administrative employees
BOUNDARY CHANGES
341.565 State
board as boundary board; petition, hearings; legislative approval required;
effective date of change; filing of change
341.569 When
election on change required
341.573 Division
of assets and liabilities
341.575 Liability
of annexed or merged territory
341.577 Procedure
when district annexes new territory that is greater in population than original
district
341.579 Vote
on proposed boundary change subject to ORS 341.577; state board’s order
EXPANSION OF COMMUNITY COLLEGE DISTRICTS
341.601 “District”
defined
341.604 Classification
and designation of service areas
341.608 Service
area financing; bonded indebtedness
341.611 Election
on bonded indebtedness
341.613 Bonded
indebtedness restrictions
341.616 Levy
of direct ad valorem tax to pay bonds
341.618 Application
of ORS 341.675 to 341.715 to bonds
341.619 New
territory in
Note Provisions
governing annexation of new territory into Blue Mountain Community College
District--1999 c.1027 §4
AID FOR OPERATION
341.620 Community
College Support Fund
341.626 Distribution
of state aid; rules
341.635 Effect
on state aid of scholarships and of certain admissions
341.655 Distribution
of federal funds for professional technical education
341.660 Treatment
of public library costs in computing state aid
341.665 Receipt
of funds for apprenticeship programs
FINANCE
(Bonds Issued by Districts)
341.675 Authority
to incur bonded indebtedness; aggregate amount
341.678 Election
on bonded indebtedness
341.681 Issuance
of bonds
341.685 Registration
of bonds; disposition of proceeds
341.690 Tax
levy to meet annual bonded indebtedness; bond sinking fund
341.693 Payment
of bond principal and interest
341.695 Bond
redemption procedure
341.697 Refunding
bonds
341.702 Laws
governing issuance of bonds
(Custody and Expenditure of Funds)
341.703 Custodian
of funds; depositories; signature on checks; warrants as checks
341.705 Warrant
procedure
(Audits)
341.709 Annual
audit required
(Short-Term Bonds)
341.715 Short-term
bonds
(Bonds Issued by State)
341.721 Issuance
by State Treasurer
341.725 Community
College Capital Construction Fund
Note Columbia
Gorge Community College Facilities Account--2005 c.787 §26
Note Oregon
Coast Community College Facilities Account--2005 c.787 §27
Note Rogue
Community College Medford Instructional Facility Account--2005 c.787 §28
Note Clatsop
Community College Facilities Account--2005 c.787 §29
Note Tillamook
Bay Community College Facilities Account--2005 c.787 §30
Note Klamath
Community College Facilities Account--2005 c.787 §31
Note Southwestern
Oregon Community College Curry County Facilities Account--2005 c.787 §32
Note Central
Oregon Community College Facilities Account--2007 c.761 §20
Note Chemeketa
Community College Facility Account--2007 c.761 §21
Note Clackamas
Community College Facilities Account--2007 c.761 §22
Note Lane
Community College Facilities Account--2007 c.761 §23
Note Linn-Benton
Community College Facilities Account--2007 c.761 §24
Note Mt.
Hood Community College Facilities Account--2007 c.761 §25
Note Portland
Community College Facilities Account--2007 c.761 §27
341.728
341.731 Community
College Bond Sinking Fund
341.735 Grant
agreements for distribution of funds to community college districts; fees
341.739 Bond
counsel services; financial advisory services
AID FOR CONSTRUCTION
341.933 Distribution
of state funds for capital construction; standards; limitations; rules
341.937 Capital
improvements for access for persons with disabilities
GENERAL PROVISIONS
341.005
Definitions. As used in this
chapter, unless the context otherwise requires:
(1) “Academic year” means the year
beginning July 1 of each year and ending June 30 of the following year running
concurrently with the fiscal year.
(2) “Board” means the board of education
of a community college district.
(3) “Board member” means a member of the
board of education of a community college district.
(4) “Commissioner” means the Commissioner
for Community College Services appointed under ORS 326.375.
(5) “Community college” means a public
institution operated by a community college district for the purposes of
providing courses of study limited to not more than two years’ full-time
attendance, with the exception of technical programs in which the curriculum
may require more than two years of attendance but less than four years, and
designed to meet the needs of a geographical area by providing educational
services, including but not limited to professional technical education
programs or lower division collegiate programs.
(6) “Community college district” or “district”
means a district formed under this chapter to operate one or more community
colleges or to secure educational services available at a community college. “Community
college district” includes a community college service district.
(7) “Full-time equivalent student” means a
student or combination of several students who carries or carry among them,
within a single academic year, a minimum number of clock hours of instruction,
in any program, to be specified by rule by the State Board of Education.
(8) “Operating expenses” means the sum of
the expenditures of a community college district for administration,
instruction, necessary student services, operation and maintenance of plant and
fixed charges, as determined in accordance with the rules of the State Board of
Education.
(9) “Paying agent and registrar” means the
county treasurer or county fiscal officer of the county in which the chief
administrative officer of the community college district maintains the
administrative office.
(10) “Petitioning territory” means a community
college district petitioning to have an area outside the district included in
the district or to have an area inside the district excluded from the district,
or an area outside the district petitioning to be included within the district.
(11) “Principal county” means the county
in which the chief administrative officer of the community college district
maintains the administrative office.
(12) “State board” means the State Board
of Education. [Formerly 341.510; 1971 c.513 §1; 1981 c.173 §52; 1987 c.474 §4;
1993 c.45 §§127,128; 1995 c.67 §1; 1997 c.271 §3]
341.009
Policy. The Legislative
Assembly finds that:
(1) The community college is an
educational institution which is intended to fill the institutional gap in
education by offering broad, comprehensive programs in academic as well as
professional technical subjects. It is primarily designed to provide associate
or certificate degree programs for some, serve a transitional purpose for
others who will continue baccalaureate or other college work, provide the
ability to enter the workforce immediately and serve to determine future
educational needs for other students. It can provide means for continuation of
academic education, professional technical training or the attainment of
entirely new skills as demands for old skills and old occupations are
supplanted by new technologies. It may also provide the means to coordinate
courses and programs with high schools to accommodate successful transition to
college degree programs.
(2) Each community college should be so
located as to be within commuting time of a substantial majority of its
students. As an economical method of providing education close to the student’s
home, the community college should remain a commuting institution.
(3) The community college should establish
its organizational patterns to maintain a unique quality of flexibility and the
ability to change to meet changing needs.
(4) The community college is a
post-high-school institution under the general supervision of the State Board
of Education. It should not be a “starter” institution intended to evolve into
a four-year baccalaureate institution. It should be concerned with programs
terminating before reaching the baccalaureate degree.
(5) The community college should continue
to be prohibited by law from becoming a baccalaureate degree granting
institution.
(6) Admission to the community college
should be open to high school graduates or to non-high school graduates who can
profit from the instruction offered.
(7) There should be close cooperation
between those directing the community college program and those responsible for
higher education, so that lower-division college transfer programs of the
community college will provide adequate preparation for entering baccalaureate degree
granting programs, and so that students will be able to transfer with a minimum
of difficulty.
(8) The community college should offer as
comprehensive a program as the needs and resources of the area which it serves
dictate. Cost to student and quality of instruction in established private
institutions should be among the factors in determining necessary duplication
of effort.
(9) It should be the policy of the
community college to open its facilities and make available its resources to
the high schools of its area on a sound contractual basis, for appropriate
secondary or transitional courses, either academic or professional technical,
when it is within its ability to provide facilities and it is determined that
the high school cannot or does not offer them.
(10) Programs designed to meet the needs
of the area served should be based on the actual educational and service needs
of the district. Specific professional technical courses should be related not
only to the employment opportunities of the area but of the state and nation as
well. Such determination should be made in consultation with representatives of
labor, business, industry, agriculture and other interested groups.
(11) The State Board of Education should
be responsible for coordinating the community college program of the state and
should have general supervisory responsibilities for that program. The State
Board of Education should prepare estimates and make the requests for
legislative appropriations for a reasonable and consistent basis of support and
establish standards for the distribution of that support.
(12) The initiative for the establishment
of new community colleges should come from the localities to be served, as a
response to demonstrated educational needs of an area. However, these
localities must not only be willing to assume the responsibility for the
institutions but must be able to provide resources needed for an adequate
educational and service program.
(13) The governing board of the community
college should be charged with the policy-making function. With respect to
educational programming, the governing board should in cooperation with the
State Board of Education:
(a) Identify educational needs of the
district; and
(b) Bring together the resources necessary
to meet the needs.
(14) The state should maintain a policy of
substantial state participation in community college building costs and the
maintenance of an adequate level of state support for operation. However, no
state funds should be appropriated for buildings such as dormitories or
athletic facilities for spectator sports. The district should provide a
substantial portion of the funds for capital improvement as well as for
operation of a community college.
(15) State appropriations for community
colleges shall be made separately from those for other segments of education.
(16) The formula for the distribution of
funds for operating costs should reflect the heavier operating costs and
capital outlay for certain professional technical courses. Federal funds received
for professional technical training, adult basic education, workforce
development or other federal initiatives should be used for those purposes only
and be distributed separately from funds appropriated by the state and should
be exempted from the computations of the present distribution formula for
operating costs.
(17) The cost of education to the
individual should be sufficiently low to permit students of low-income families
to attend. This is particularly true of tuition costs. However, students should
pay an amount sufficient to provide an incentive to profit from the
instructional program offered.
(18) Any eligible
Note: The amendments to 341.009 by section 36,
chapter 858, Oregon Laws 2007, first apply to the 2008-2009 school year. See
section 41, chapter 858, Oregon Laws 2007. The text that applies prior to the
2008-2009 school year is set forth for the user’s convenience.
341.009. The Legislative Assembly finds that:
(1) The community college is an
educational institution which is intended to fill the institutional gap in
education by offering broad, comprehensive programs in academic as well as
professional technical subjects. It is primarily designed to provide associate
or certificate degree programs for some, serve a transitional purpose for
others who will continue baccalaureate or other college work, provide the
ability to enter the workforce immediately and serve to determine future
educational needs for other students. It can provide means for continuation of
academic education, professional technical training or the attainment of
entirely new skills as demands for old skills and old occupations are
supplanted by new technologies. It may also provide the means to coordinate
courses and programs with high schools to enhance the Certificate of Advanced
Mastery and to accommodate successful transition to college degree programs.
(2) Each community college should be so
located as to be within commuting time of a substantial majority of its
students. As an economical method of providing education close to the student’s
home, the community college should remain a commuting institution.
(3) The community college should establish
its organizational patterns to maintain a unique quality of flexibility and the
ability to change to meet changing needs.
(4) The community college is a
post-high-school institution under the general supervision of the State Board
of Education. It should not be a “starter” institution intended to evolve into
a four-year baccalaureate institution. It should be concerned with programs
terminating before reaching the baccalaureate degree.
(5) The community college should continue
to be prohibited by law from becoming a baccalaureate degree granting
institution.
(6) Admission to the community college
should be open to high school graduates or to non-high school graduates who can
profit from the instruction offered.
(7) There should be close cooperation
between those directing the community college program and those responsible for
higher education, so that lower-division college transfer programs of the
community college will provide adequate preparation for entering baccalaureate
degree granting programs, and so that students will be able to transfer with a
minimum of difficulty.
(8) The community college should offer as
comprehensive a program as the needs and resources of the area which it serves
dictate. Cost to student and quality of instruction in established private
institutions should be among the factors in determining necessary duplication
of effort.
(9) It should be the policy of the
community college to open its facilities and make available its resources to
the high schools of its area on a sound contractual basis, for appropriate
secondary or transitional courses, either academic or professional technical,
when it is within its ability to provide facilities and it is determined that
the high school cannot or does not offer them.
(10) Programs designed to meet the needs
of the area served should be based on the actual educational and service needs
of the district. Specific professional technical courses should be related not
only to the employment opportunities of the area but of the state and nation as
well. Such determination should be made in consultation with representatives of
labor, business, industry, agriculture and other interested groups.
(11) The State Board of Education should
be responsible for coordinating the community college program of the state and
should have general supervisory responsibilities for that program. The State
Board of Education should prepare estimates and make the requests for
legislative appropriations for a reasonable and consistent basis of support and
establish standards for the distribution of that support.
(12) The initiative for the establishment
of new community colleges should come from the localities to be served, as a
response to demonstrated educational needs of an area. However, these
localities must not only be willing to assume the responsibility for the
institutions but must be able to provide resources needed for an adequate
educational and service program.
(13) The governing board of the community
college should be charged with the policy-making function. With respect to
educational programming, the governing board should in cooperation with the State
Board of Education:
(a) Identify educational needs of the
district; and
(b) Bring together the resources necessary
to meet the needs.
(14) The state should maintain a policy of
substantial state participation in community college building costs and the
maintenance of an adequate level of state support for operation. However, no
state funds should be appropriated for buildings such as dormitories or
athletic facilities for spectator sports. The district should provide a
substantial portion of the funds for capital improvement as well as for
operation of a community college.
(15) State appropriations for community
colleges shall be made separately from those for other segments of education.
(16) The formula for the distribution of
funds for operating costs should reflect the heavier operating costs and
capital outlay for certain professional technical courses. Federal funds
received for professional technical training, adult basic education, workforce
development or other federal initiatives should be used for those purposes only
and be distributed separately from funds appropriated by the state and should
be exempted from the computations of the present distribution formula for
operating costs.
(17) The cost of education to the
individual should be sufficiently low to permit students of low-income families
to attend. This is particularly true of tuition costs. However, students should
pay an amount sufficient to provide an incentive to profit from the
instructional program offered.
(18) Any eligible
341.010 [Repealed by 1965 c.100 §456]
341.015
Guidelines for districts.
The State Board of Education shall adopt guidelines for the orderly development
and management of community college districts, including guidelines for
personnel policy formulation, accounting procedures and student record keeping
and privacy procedures. [1971 c.233 §§1,2; 1987 c.474 §5; 1995 c.67 §3]
341.018 [1975 c.553 §10; 1993 c.45 §131; repealed by
1995 c.67 §42]
DIRECT AND
CONTRACT SERVICES
341.019
All areas in state to be served by district; procedure; responsibility; rules;
local advisory committees; duties. (1) All areas within this state shall be served by a community college
district. Such services may be provided either:
(a) Directly by formation of a community
college district; or
(b) Indirectly by contract with an existing
community college district.
(2) The Department of Community Colleges
and Workforce Development shall fix responsibility for serving each area that
is not within a community college district. Where feasible, each area shall be
a whole county or a group of counties or that part of a county not already in a
community college district.
(3) In order to obtain the services
described in subsection (1)(b) of this section, residents of a nondistrict area
must indicate their interest in receiving services by requesting formation of a
local advisory committee and seeking the advice and counsel of the Department
of Community Colleges and Workforce Development.
(4) The State Board of Education by rule
shall establish standards for determining when there is sufficient interest
among the residents of a nondistrict area to warrant appointment of a local
advisory committee.
(5) When the Department of Community
Colleges and Workforce Development has made the determination under subsection
(4) of this section, the department and the interested residents of the
nondistrict area shall apply jointly to the governing body of the county for
the appointment of a local advisory committee.
(6) Upon application, the governing body
of the county shall appoint a local advisory committee and shall insure that
the committee is broadly representative of the nondistrict area.
(7) If the nondistrict area involves two
or more counties, the governing body of each county shall appoint members to
the local advisory committee in proportion to the number of county residents
within the nondistrict area.
(8) The governing body of a county making
appointments under subsection (6) or (7) of this section shall not be obligated
to fund any part of the budget described in ORS 341.021 (3).
(9) The duties of the local advisory
committee shall include, but need not be limited to, advising the officials of
the community college district serving the nondistrict area on the educational
needs of the area.
(10) As used in ORS 341.019 to 341.022, “community
college district” includes a community college service district. [1987 c.191 §2;
1991 c.757 §3]
341.020 [Repealed by 1965 c.100 §456]
341.021
Provision of service outside districts; proposals; costs. (1) The Department of Community Colleges and
Workforce Development shall invite existing community college districts to
submit proposals for the provision of service to an area that has officially
indicated its interest in receiving service.
(2) The responsibilities of the host
community college district shall include:
(a) Preparing a written agreement for
services to be provided to nondistrict areas using a format specified by the
Department of Community Colleges and Workforce Development; and
(b) Acting as the fiscal agent for
agreements including establishing tuition and fees for services offered under
terms of an agreement.
(3) Agreements between the community
college district and nondistrict entities as listed in ORS 341.315 shall
include an annual budget setting forth both revenue and expenditures. The
budget shall be based upon the following conditions: