2005 Oregon Code - Chapter 344 :: Chapter 344 - Career and Professional Technical Education - Rehabilitation - Adult Literacy
Chapter 344 — Career and Professional Technical Education; Rehabilitation; Adult Literacy
2005 EDITION
CAREER EDUCATION; REHABILITATION; ADULT LITERACY
EDUCATION AND CULTURE
PROFESSIONAL TECHNICAL EDUCATION
344.055Â Â Â Â Policy on professional technical education and employment training
344.058Â Â Â Â Frontier Learning Network program; grant
344.070Â Â Â Â Revolving accounts for federally sponsored education or training; advances; uses
344.080Â Â Â Â Reimbursement vouchers; accounts and records; bond
344.090Â Â Â Â Procedure when training and educational programs are no longer needed, or when advances are improperly handled or accounted for
344.100Â Â Â Â Acceptance of provisions of federal Act
344.120Â Â Â Â Payment of claims approved by board
344.130Â Â Â Â Cooperation by district school boards to establish professional technical training
COORDINATION OF CONTINUING EDUCATION
344.257    Definition of “continuing education”
344.259Â Â Â Â Coordination of continuing education
VOCATIONAL REHABILITATION
344.511Â Â Â Â Definitions for ORS 344.511 to 344.690 and 344.710 to 344.730
344.530Â Â Â Â Department of Human Services rehabilitation duties
344.540Â Â Â Â Federal cooperation
344.550Â Â Â Â Eligibility for and extent of rehabilitation services
344.555Â Â Â Â Training under apprenticeship program
344.560Â Â Â Â Application; form
344.570Â Â Â Â Action upon application
344.580Â Â Â Â Payments exempt from process
344.590Â Â Â Â Appeal and hearing
344.600Â Â Â Â Unauthorized use of official rehabilitation data
344.620Â Â Â Â State Vocational Rehabilitation Account; federal funds; custody and disbursement; records
344.630Â Â Â Â Gifts for rehabilitation purposes
344.685Â Â Â Â Vocational Rehabilitation Revolving Fund
344.690Â Â Â Â Advances to fund from account; repayment
REHABILITATION FACILITIES
344.710Â Â Â Â Rehabilitation facility defined
344.720Â Â Â Â Establishment of rehabilitation facilities; application; approval
344.730Â Â Â Â Financial report
344.735Â Â Â Â State advisory committee; members; duties
YOUTH APPRENTICESHIP, TRAINING AND WORK BASED LEARNING PROGRAMS
344.745Â Â Â Â Youth apprenticeship, training and work based learning programs; number of participants; qualifications; guidelines; credit
344.750Â Â Â Â Ratios of apprentices or trainees; workersÂ’ compensation coverage required; wages; hours; removal
344.753Â Â Â Â Employers eligible for reimbursement for costs of training programs; education service credits
344.755Â Â Â Â Loss of eligibility for tax credit and for program participation
344.757Â Â Â Â Gifts and grants
ADULT LITERACY
344.760Â Â Â Â Legislative findings on adult literacy
344.765Â Â Â Â Establishment of literacy coalitions by community colleges
344.770Â Â Â Â Short title
REHABILITATION OF WORKERS
344.840Â Â Â Â Professional technical instruction in public schools for workers; reimbursement
344.850Â Â Â Â Reimbursements to Department of Human Services
     344.010 [Repealed by 1959 c.641 §38]
     344.020
[Repealed by 1959 c.641 §38]
     344.030
[Repealed by 1959 c.641 §38]
     344.040
[Repealed by 1959 c.641 §38]
     344.050
[Repealed by 1959 c.641 §38]
PROFESSIONAL TECHNICAL EDUCATION
     344.055
Policy on professional technical education and employment training. It
shall be the policy on professional technical education and employment training
in this state that:
     (1) Accessibility to professional technical education programs should be facilitated. Individuals should have a choice of training opportunities for which they are qualified and from which they can benefit. Such opportunities should be available from school districts, community colleges, federal and state workforce training programs, private professional technical schools, apprenticeship programs and institutions of higher education. The student should have easy access to training with the flexibility to move in and out of programs as needs indicate. Opportunities should be available for all individuals to obtain the skills and knowledge needed for initial employment as well as for occupational upgrading and job changes.
     (2) State and local planning and program operations should be coordinated to provide the most efficient use of federal, state, local and private resources.
     (3) A comprehensive system of education and employment training should be developed. Secondary schools should provide an educational program that balances the educational skills of reading, writing, speaking, computation and reasoning ability, occupational skills including technical knowledge, manipulative ability and other skills required to perform job tasks and employment skills such as job seeking, work attitude, work adjustment and job-coping abilities. Community colleges should provide comprehensive programs in both academic and professional technical subjects. In addition, community colleges should provide short-term training designed for specific occupations, related training for apprenticeships and opportunities for employed persons to improve their skills. Other providers of employment training should compliment this effort with programs aimed at specific job training.
     (4) Full working partnerships among education, business, industry, labor, government and agriculture should be developed to meet employer needs for a skilled workforce and to promote employee job satisfaction. Such partnerships should be fostered by promoting efforts such as work site training stations, lending or donating of equipment to training programs, employee-teacher exchange programs, advisory committees and cooperative work experience programs. All segments of the community should be encouraged to assist in professional technical training.
     (5) Federal, state, local and private funding resources should be combined to ensure the development and implementation of quality programs. Both the governmental and private sectors should make a commitment to professional technical training as an investment that will help bring about economic development and stability as well as high social and financial returns. Improvement of existing training programs, as opposed to development of duplicative or parallel efforts, should be utilized to promote flexibility and economy in the design and delivery of professional technical education.
     (6) High quality professional technical training requires an adequate supply of well prepared teachers and support personnel. Provisions should be made for the formal preparation of teachers and for the recruitment of teachers from business and industry. Programs should be designed and implemented to ensure that teachers remain current in their areas of expertise, and instructors should be encouraged to return to business and industry to gain additional experience in their fields. To promote retention of qualified personnel, institutions preparing and licensing teachers and agencies employing teachers should allow credit for relevant professional technical experiences.
     (7) Professional technical education programs and other employment training programs should be developed, operated and evaluated jointly with representatives of the professional technical instructional areas included in the programs. Evaluation of efforts should consider the cost effectiveness of the program both for society and the state.
     (8) Each student’s educational, professional technical and employment skills should be assessed upon entering so that proper placement in the educational program can occur. Credit should be given for prior education, work experience and community service. Assessments to determine progress, competency attainment and needed corrective action should be made on a periodic basis. Assistance in obtaining employment and follow-through services to help students succeed on the job should be provided.
     (9) Provisions should be made to meet the needs of women, minorities, disadvantaged or persons with disabilities and others who have special training needs. Special curricula, facilities, equipment, counseling and instruction should be provided as necessary. The agencies and institutions serving these groups should coordinate use of the available resources to provide cost effective services.
     (10) Career education provides the learning experiences needed to make effective career choices and to develop the attitudes, knowledges and skills that enable persons to perform successfully in the producer role and to assist them in other related life roles. It progresses through the steps of awareness and exploration of work, preparation for a broad range of occupations and specialization in a specific occupation.
     (11) Professional technical education is taught at the secondary school level, in post-secondary professional technical institutions, community colleges and apprenticeship programs and may continue through skill upgrading or retraining for a new career. [1981 c.756 §1; 1993 c.45 §243; 2005 c.22 §238]
     344.058
Frontier Learning Network program; grant. Each biennium, in addition to and
not in lieu of any other moneys, the Department of Education shall award a
grant to the Frontier Learning Network professional technical education
program. The grant may be used for:
     (1) Mobile classrooms;
     (2) Developing information and technical systems;
     (3) Creating and implementing curricula;
     (4) Capital improvements;
     (5) Teachers and technical staff;
     (6) Distance learning communications expenses; and
     (7) Special project materials. [1999 c.1028 §1; 2005 c.22 §239]
     344.060
[Amended by 1959 c.641 §35; repealed by 1965 c.100 §456]
     344.070
Revolving accounts for federally sponsored education or training; advances;
uses. (1) The Oregon Department of Administrative Services may draw
warrants upon any state fund to which federal funds for training or education
have been credited, in payment of vouchers approved by the Superintendent of
Public Instruction or the Commissioner for Community College Services pursuant
to rules of the State Board of Education, in favor of school districts,
education service districts and community college districts, for such sums, not
exceeding $100,000 for a single district in the aggregate, as the state board,
by rule, shall determine. The warrants, upon delivery thereof to the districts,
shall constitute advances from state funds to enable the districts more readily
to effectuate the purposes set forth in any federal law or regulation
pertaining to professional technical education or other education or training
sponsored by the federal government.
     (2) The districts to which moneys are advanced shall be responsible for the full repayment to the state of all sums advanced. The advances are not within any limitation upon indebtedness prescribed by law for districts. The moneys advanced to districts shall not exceed in the aggregate the moneys to the credit of the state fund from which they are paid, and shall constitute advances to the recipient district in anticipation of verified vouchers to be supplied therefor. The advances are to be used as revolving funds for the payment of the costs of professional technical training programs. The advances shall be made only in those cases in which the federal government defrays all or part of the cost of such programs. [Amended by 1965 c.100 §435; 1965 c.102 §1; 1983 c.740 §109; 1989 c.491 §48; 1993 c.45 §244]
     344.080
Reimbursement vouchers; accounts and records; bond. (1) All reimbursement
vouchers for claims paid from the revolving funds mentioned in ORS 344.070
shall be approved by the Superintendent of Public Instruction or the
Commissioner for Community College Services pursuant to rules of the State
Board of Education. When vouchers are so approved, warrants covering the same
shall be drawn by the Oregon Department of Administrative Services, payable
from the appropriate fund, and be used to reimburse the revolving funds.
     (2) The districts receiving such advances shall maintain their accounts and records so as to disclose at all times the true status of the unpaid vouchers issued for the reimbursement of the funds, the district warrants drawn against the funds advanced and the balances to the credit thereof.
     (3) The revolving funds and accounts shall be subject to examination and audit by the state in the manner provided by law for other state funds and accounts. The State Board of Education may require an audit of the revolving accounts and shall take proper precautions as to the safety of, and accountability for, all funds advanced.
     (4) The State Board of Education may require the filing with it of a bond of a corporate surety duly licensed to transact business in this state to insure the proper handling of and responsibility for any funds advanced. The bond shall be cumulative and supplemental to fidelity insurance coverage already held by the district concerned. The state may have recourse to any and all fidelity bonds of clerks or other financial officers of the district to protect such advances. [Amended by 1983 c.740 §110; 1989 c.491 §49; 1993 c.45 §245]
     344.090
Procedure when training and educational programs are no longer needed, or when
advances are improperly handled or accounted for. When it appears to the
Superintendent of Public Instruction or the Commissioner for Community College
Services that the training and educational programs for which funds are
advanced under ORS 344.070 have been completed, or that the need for such
advances or revolving funds no longer exists, or that the sums advanced are not
being properly handled or accounted for, the superintendent or commissioner may
require that all or part of the amounts advanced to any district shall be
returned, with any interest earned, to the state funds or accounts from which
the amounts originally were withdrawn. Upon receipt of notification from the
superintendent or commissioner that funds advanced are to be returned, the
district concerned shall immediately repay the same to the State Treasurer, for
credit to the proper fund or account. To the extent that funds advanced are so
repaid, security or protection theretofore required by the State Board of
Education under ORS 344.080 (4) to insure the safety of such funds may be
released. [Amended by 1989 c.491 §50; 1993 c.45 §246]
     344.100
Acceptance of provisions of federal Act. The State of Oregon hereby accepts
all provisions and benefits of an Act of Congress with the stated purpose: “To
make the United States more competitive in the world economy by developing more
fully the academic and occupational skills of all segments of the population.
This purpose will principally be achieved through concentrating resources on
improving educational programs leading to academic and occupational skill
competencies needed to work in a technologically advanced society.” [Amended by
1993 c.45 §247]
     344.110
[Amended by 1989 c.491 §51; repealed by 1993 c.45 §248]
     344.120
Payment of claims approved by board. All lawfully incurred claims duly
approved pursuant to rules of the State Board of Education, including all
claims to be paid from the moneys received by the state from the federal
government for professional technical education purposes and for which the
State Treasurer is custodian shall be paid as provided in ORS 293.295 to
293.462. The Oregon Department of Administrative Services shall draw warrants
on the State Treasurer in payment thereof out of the proper appropriations or
funds. [Amended by 1983 c.740 §111; 1989 c.491 §52; 1993 c.45 §249]
     344.130
Cooperation by district school boards to establish professional technical
training. Any district school board may cooperate with the State Board of
Education in establishment of professional technical schools or classes giving
instruction in agricultural subjects, the trade or industrial subjects, or in
home economics subjects, and may use any moneys raised by public taxation in
the same manner as moneys for other school purposes are used for the
maintenance and support of public schools. [Amended by 1993 c.45 §250]
     344.140
[Repealed by 1979 c.570 §4]
     344.150
[1955 c.632 §2; 1959 c.641 §36; repealed by 1961 c.596 §7]
     344.205
[1975 c.637 §1; 1977 c.227 §1; 1993 c.45 §251; repealed by 1997 c.652 §63]
     344.215
[1975 c.637 §8; repealed by 1993 c.45 §252]
     344.225
[1975 c.637 §2; 1977 c.227 §2; 1993 c.45 §253; repealed by 1997 c.652 §63]
     344.235
[1975 c.637 §3; 1977 c.227 §3; 1993 c.45 §254; repealed by 1997 c.652 §63]
     344.245
[1975 c.637 §5; 1977 c.227 §4; 1993 c.45 §255; repealed by 1997 c.652 §63]
     344.255
[1975 c.637 §6; 1977 c.227 §5; repealed by 1993 c.45 §256]
COORDINATION OF CONTINUING EDUCATION
     344.257
Definition of “continuing education.” (1) For the purposes of ORS 344.259,
“continuing education” means organized instruction to serve the needs of
post-secondary students, including but not limited to:
     (a) Courses as offered to the regular full-time resident post-secondary student consisting of professional preparatory courses and professional supplementary, technical, academic and professional courses;
     (b) Developmental education, consisting of adult basic education, high school completion courses for a high school diploma, instruction to pass the General Educational Development (GED) tests, English as a second language instruction, and remedial instruction;
     (c) Educational activities, consisting of adult self-improvement courses and Federal Cooperative Extension Service; and
     (d) Hobby and recreation activities.
     (2) “Continuing education” for a community college is limited to instruction within district boundaries and instruction outside district boundaries offered under contract. [Formerly 348.450; 1997 c.11 §7; 1997 c.230 §1; 1997 c.249 §107]
     344.259
Coordination of continuing education. (1) The State Board of Education
shall coordinate continuing education in lower division, developmental, adult
self-improvement, professional and technical education for agencies under its
regulatory authority. The State Board of Higher Education shall coordinate
continuing education in upper division and graduate education for institutions
under its jurisdiction.
     (2) When significantly adverse impact is alleged by one or more of the agencies listed in this subsection, the affected parties jointly shall provide for written agreements. These agreements shall allocate responsibility for planning and providing continuing education or off-campus instruction in specific areas or by specific types. The agencies are:
     (a) The State Board of Education.
     (b) The State Board of Higher Education.
     (c) Community college districts.
     (d) Independent colleges.
     (e) Proprietary schools.
     (3) In the event the affected parties fail to reach a written agreement within 120 days following receipt of written notice of the allegation, either party may request the Education and Workforce Policy Advisor to review and to recommend resolution.
     (4) Nothing in this section prohibits the offering of upper division or graduate programs within 30 miles of the campus of the Department of Higher Education institution offering the program, or the offering of lower division programs within 30 miles of the campus offering the program in areas outside a community college district. Such programs are entitled to the same college credit and financial support as programs offered on the campus of the institution. [Formerly 348.460; 1997 c.652 §31; 2003 c.14 §152]
     344.305
[1989 c.961 §1; renumbered 285.200 (1) to (3) in 1991]
     344.309
[1989 c.961 §2; 1991 c.668 §5; renumbered 285.243 in 1991]
     344.310
[Amended by 1957 c.389 §1; subsection (2) of 1957 Replacement Part enacted as
1957 c.389 §2; repealed by 1959 c.566 §8]
     344.314
[1957 c.389 §3; repealed by 1959 c.566 §8]
     344.315
[1989 c.961 §3; repealed by 1991 c.667 §17 and 1991 c.668 §17]
     344.316
[1957 c.389 §3; repealed by 1959 c.566 §8]
     344.318
[1957 c.389 §15; repealed by 1959 c.566 §8]
     344.319
[1989 c.961 §4; renumbered 285.205 in 1991]
     344.320
[Repealed by 1957 c.389 §17]
     344.322
[1957 c.389 §8; repealed by 1959 c.566 §8]
     344.323
[1989 c.961 §5; renumbered 285.223 in 1991]
     344.324
[1957 c.389 §§4, 5; repealed by 1959 c.566 §8]
     344.325
[1989 c.961 §6; renumbered 285.225 in 1991]
     344.326
[1957 c.389 §6; repealed by 1959 c.566 §8]
     344.328
[1957 c.389 §10; repealed by 1959 c.566 §8]
     344.329
[1989 c.961 §7; renumbered 285.227 in 1991]
     344.330
[Repealed by 1959 c.566 §8]
     344.335
[1989 c.961 §8; renumbered 285.230 in 1991]
     344.339
[1989 c.961 §9; renumbered 285.233 in 1991]
     344.340
[Repealed by 1959 c.566 §8]
     344.343
[1989 c.961 §10; renumbered 285.235 in 1991]
     344.345
[1953 c.722 §1; repealed by 1959 c.566 §8]
     344.347
[1989 c.961 §11; renumbered 285.237 in 1991]
     344.350
[Repealed by 1959 c.566 §8]
     344.355
[1989 c.961 §12; renumbered 285.240 in 1991]
     344.360
[Repealed by 1959 c.566 §8]
     344.370
[1957 c.389 §11; repealed by 1959 c.566 §8]
     344.375
[1957 c.389 §12; repealed by 1959 c.566 §8]
     344.380
[1957 c.389 §13; repealed by 1959 c.566 §8]
     344.390
[1957 c.389 §9; repealed by 1959 c.566 §8]
     344.400
[1957 c.389 §14; repealed by 1959 c.566 §8]
     344.410
[1957 c.389 §7; repealed by 1959 c.566 §8]
VOCATIONAL REHABILITATION
     344.510
[Amended by 1963 c.522 §1; repealed by 1965 c.100 §436 (344.511 enacted in lieu
of 344.510)]
     344.511
Definitions for ORS 344.511 to 344.690 and 344.710 to 344.730. As used in
ORS 344.511 to 344.690 and 344.710 to 344.730:
     (1) “Department” means the Department of Human Services.
     (2) “Director” means the Director of Human Services.
     (3) “Disabled individual” means any person who has a substantial occupational handicap due to a physical or mental condition except blindness.
     (4) “Maintenance” means money payments, during vocational rehabilitation, to individuals with occupational handicaps found to require financial assistance with respect thereto in order to effectuate the vocational rehabilitation of such individuals.
     (5) “Occupational handicap” means a physical or mental condition other than blindness which, regardless of its origin, constitutes, contributes to, or, if not corrected, will probably result in, an obstruction to occupational performance or the condition of being an untrained individual.
     (6) “Occupational licenses” means any license, permit or other written authority required by any governmental unit to be obtained in order to engage in any occupation.
     (7) “Occupational tools, equipment and supplies” means such customary implements, appliances, apparatus, fixtures and materials as are necessary for the successful prosecution of the employment objective of an individual with an occupational handicap.
     (8) “Physical restoration” means any medical, surgical or therapeutic treatment necessary to correct or substantially modify an individual’s occupational handicap within a reasonable length of time. The term includes but is not limited to medical, psychiatric, dental and surgical treatment, nursing services, hospital and convalescent home care, medical and surgical drugs and supplies, and prosthetic appliances, excluding curative treatment for acute or transitory conditions.
     (9) “Prosthetic appliance” means any artificial appliance designed to support or take the place of a part of the body or to increase the acuity of a sense organ.
     (10) “Rehabilitation training” means all training provided, directly or through public or private instrumentalities, to an individual to compensate for the occupational handicap of the individual. The term includes but is not limited to manual, preconditioning, prevocational, vocational and supplementary training and training provided for the purpose of achieving broader and more remunerative skills and capacities.
     (11) “Severely handicapped individual” means a disabled individual who, because of the nature of disabilities, is not able to participate fully in competitive employment, and for whom specialized employment opportunities must be provided.
     (12) “Untrained individual” means any person without mental or physical disability who has a substantial occupational handicap due to lack of occupational training, experience, skills or other factors and who is receiving and, in the opinion of the Department of Human Services, probably will continue to receive public assistance because of the occupational handicap of the individual.
     (13) “Vocational rehabilitation” and “vocational rehabilitation services” mean any services necessary to enable an individual with an occupational handicap to engage in a remunerative occupation and include, but are not limited to, medical and vocational diagnoses, vocational guidance, counseling and placement, rehabilitation training, physical restoration, transportation, occupational licenses, occupational tools, equipment and supplies, maintenance and training books, supplies and materials. [1965 c.100 §437 (enacted in lieu of 344.510); 1967 c.552 §1; 1969 c.597 §160; 1969 c.614 §1; 2001 c.900 §56]
     344.520
[Amended by 1967 c.552 §2; 1969 c.597 §161; 1999 c.59 §90; repealed by 2001
c.900 §261]
     344.525
[1967 c.552 §11; 1969 c.597 §162; 1983 c.740 §112; 2001 c.104 §119; repealed by
2001 c.900 §261]
     344.527
[1969 c.597 §164; repealed by 2001 c.900 §261]
     344.530
Department of Human Services rehabilitation duties. Notwithstanding any
other provisions of the law, the Department of Human Services shall perform the
following vocational rehabilitation functions:
     (1) Establish and enforce such rules as may be necessary to:
     (a) Carry out ORS 344.511 to 344.690 and 344.710 to 344.730; and
     (b) Safeguard the confidential character of vocational rehabilitation information and records.
     (2) Cooperate with public and private departments, agencies and institutions in:
     (a) Providing for the vocational rehabilitation of individuals with occupational disabilities;
     (b) Studying the problems involved therein; and
     (c) Establishing, developing and providing, in conformity with ORS 344.511 to 344.690 and 344.710 to 344.730, such programs, facilities and services as may be necessary.
     (3) Enter into reciprocal agreements with other states relative to the provision of vocational rehabilitation to residents of the states concerned.
     (4) Conduct research and compile statistics relating to the vocational rehabilitation of individuals with occupational disabilities.
     (5) Encourage and assist severely disabled individuals in the establishment, maintenance and conduct of appropriate home industries within their capacities and in the promotion of the sale and distribution of the products of such home industries. All funds collected or received from such activities shall be deposited in a permanent special fund in the State Treasury and shall be used for the operation of such home industries as determined by the department.
     (6) For rehabilitation facilities:
     (a) Establish, conduct and maintain facilities necessary for the sheltered employment of severely disabled individuals;
     (b) Pay the individuals employed in the facilities suitable wages;
     (c) Devise means for the sale and distribution of the products of the facilities;
     (d) Devise a subsidy program, and include a plan for its funding in each biennial budget submitted to the Legislative Assembly; and
     (e) Take such other action as may be necessary to insure the successful operation of the facilities established.
     (7) Deposit in the State Vocational Rehabilitation Account all funds collected or received from activities described in subsection (6) of this section, which shall be used for the operation of facilities necessary for the sheltered employment of severely disabled individuals as determined by the department.
     (8) Take such other action as may be necessary to carry out ORS 344.511 to 344.690 and 344.710 to 344.730. [Amended by 1963 c.522 §2; 1965 c.100 §438; 1967 c.552 §3; 1969 c.597 §165; 1971 c.617 §1; 1989 c.224 §55; 1991 c.93 §5; 1991 c.122 §10; 2001 c.900 §57; 2005 c.755 §21]
     344.540
Federal cooperation. The Department of Human Services:
     (1) Shall cooperate with the federal government in carrying out the purposes of any federal Act pertaining to vocational rehabilitation, and in related matters of mutual concern, including the adoption of methods of administration found by the federal government to be necessary for the efficient operation of plans for vocational rehabilitation.
     (2) May apply for federal funds and accept and enter into any contracts or agreements in behalf of the state for the receipt of such funds from the federal government or its agencies for vocational rehabilitation purposes. [Amended by 1965 c.100 §439; 1967 c.552 §4; 1969 c.597 §166]
     344.550
Eligibility for and extent of rehabilitation services. (1) Vocational
rehabilitation services shall be provided to any disabled individual:
     (a) Who is in the state and files an application therefor and who is not in the state for the sole purpose of receiving vocational rehabilitation services.
     (b) Who is eligible for vocational rehabilitation service under the terms of an agreement with another state or with the federal government.
     (2) Except as otherwise provided by law or as specified in any agreement with the federal government with respect to classes of individuals certified by the Department of Human Services, the following rehabilitation services shall be provided at public cost only to disabled individuals found to require financial assistance with respect thereto:
     (a) Physical restoration.
     (b) Transportation not provided to determine the eligibility of the individual for vocational rehabilitation services and the nature and extent of the services necessary.
     (c) Occupational licenses.
     (d) Customary occupational tools and equipment.
     (e) Maintenance.
     (f) Training books and materials. [Amended by 1965 c.100 §440; 1967 c.552 §5; 1969 c.614 §2; 2005 c.22 §240]
     344.555
Training under apprenticeship program. (1) When an individual with an
occupational handicap is to be trained as an apprentice as defined in ORS
660.002 to 660.210, or in a trade or craft for which training standards are
established under ORS 660.002 to 660.210, the training shall be subject to the
provisions of ORS 660.002 to 660.210, and shall be under the jurisdiction of
the State Apprenticeship Council in cooperation with the Department of Human
Services.
     (2) This section is not intended to limit any necessary financial assistance to which or for which an individual with an occupational handicap would otherwise be entitled under ORS 344.550. [1963 c.522 §9]
     344.560
Application; form. Applications for vocational rehabilitation under ORS
344.550 shall be made in such manner and form and contain such information as
the Director of Human Services may require.
     344.570
Action upon application. Whenever the Department of Human Services receives
an application for vocational rehabilitation under ORS 344.560, it shall
promptly cause to be obtained and recorded, with respect to such applicant, all
essential, pertinent information concerning the circumstances, health
condition, vocational aptitudes and experience of the applicant, and such other
information as may be necessary for the determination of the eligibility of the
applicant and of the nature and amount of vocational rehabilitation services
needed.
     344.573
[1963 c.522 §7; 1971 c.779 §5; repealed by 2001 c.900 §261]
     344.575
[1963 c.522 §3a; repealed by 2001 c.900 §261]
     344.577
[1963 c.522 §8; 1971 c.779 §6; repealed by 2001 c.900 §261]
     344.580
Payments exempt from process. Any payments made to an individual with an
occupational handicap as maintenance under ORS 344.511 to 344.690 and 344.710
to 344.730 shall not be transferable or assignable at law or in equity. None of
the money payable under ORS 344.511 to 344.690 and 344.710 to 344.730 shall be
subject to execution, levy, attachment, garnishment or other legal process or
to the operation of any bankruptcy or insolvency law. [Amended by 1963 c.522
§4]
     344.590
Appeal and hearing. Any individual applying for or receiving vocational
rehabilitation who is aggrieved because of the Department of Human ServicesÂ’
decision or delay in making a decision shall be entitled to appeal to the
department, and opportunity for hearing as a contested case shall be accorded
as provided in ORS chapter 183 and chapter 734, Oregon Laws 1971. [Amended by
1967 c.552 §6; 1971 c.734 §38]
     Note:
Legislative Counsel has substituted “chapter 734, Oregon Laws 1971,” for the
words “this 1971 Act” in section 38, chapter 734, Oregon Laws 1971, compiled as
344.590. Specific ORS references have not been substituted, pursuant to
173.160. The sections for which substitution otherwise would be made may be
determined by referring to the 1971 Comparative Section Table located in Volume
20 of ORS.
     344.600
Unauthorized use of official rehabilitation data. Except for purposes
directly connected with the administration of vocational rehabilitation, and in
accordance with the rules and regulations of the Department of Human Services,
no person shall solicit, disclose, receive, make use of or authorize, knowingly
permit, participate in or acquiesce in the use of, any list of or names of, or
any information concerning persons applying for or receiving vocational
rehabilitation directly or indirectly derived from the records, papers, files
or communications of the state or subdivisions or agencies thereof, or acquired
in the course of the performance of official duties. [Amended by 1967 c.552 §7]
     344.610
[Amended by 1963 c.522 §5; repealed by 1965 c.100 §456]
     344.620
State Vocational Rehabilitation Account; federal funds; custody and
disbursement; records. (1) There is established in the General Fund of the
State Treasury a State Vocational Rehabilitation Account. The account shall
consist of all moneys made available to the Department of Human Services for
rehabilitation purposes. All moneys in the account are continuously
appropriated for the purposes of the administration of ORS 344.511 to 344.690,
344.710 to 344.730 and 344.850.
     (2) The State Treasurer is designated custodian of all funds received from the federal government for the purpose of carrying out any federal Act pertaining to vocational rehabilitation. The State Treasurer shall receive such funds and provide for their custody.
     (3) Disbursements from the State Vocational Rehabilitation Account shall be made as directed by the department. The department shall keep a record of all moneys deposited in such account. The record shall indicate by separate cumulative accounts the source from which the moneys are derived and the departmental activity against which each withdrawal is charged. [Amended by 1967 c.552 §8; 1969 c.597 §167; 1983 c.297 §1; 2001 c.900 §58; 2005 c.755 §22]
     344.630
Gifts for rehabilitation purposes. The Department of Human Services may
receive and accept such gifts, donations and other funds from either public or
private sources as may be offered unconditionally or under such conditions as
in the judgment of the department are proper and consistent with the provisions
of ORS 344.511 to 344.690 and 344.710 to 344.730. Gifts so accepted shall be
held in trust for investment, reinvestment and use in accordance with the
conditions of the gift. Such moneys shall be deposited in the State Treasury to
the credit of the State Vocational Rehabilitation Account. [Amended by 1967
c.552 §9]
     344.640
[Amended by 1953 c.674 §13; 1957 c.574 §1; renumbered 344.810]
     344.650
[Renumbered 344.820]
     344.660
[Amended by 1953 c.674 §13; renumbered 344.830]
     344.670
[Renumbered 344.840]
     344.680
[1955 c.762 §3; renumbered 344.850]
     344.685
Vocational Rehabilitation Revolving Fund. (1) There is established the
Vocational Rehabilitation Revolving Fund, not to exceed the sum of $750,000,
for the use of the Department of Human Services. The revolving fund shall be
deposited with the State Treasurer to be held in a special account against
which the department may draw checks for the purposes of paying expenses of
vocational rehabilitation services when it is appropriate to make immediate
payments for such services, including advance payments to applicants for
vocational rehabilitation.
     (2) Disbursements from the revolving fund may be made by the department and all vouchers for payments made from the fund shall be approved by the Director of Human Services. When payments are so approved, reimbursements shall be made to the department revolving fund upon order of the director out of funds in the State Vocational Rehabilitation Account. [1967 c.483 §§2,4; 1969 c.597 §168; 1969 c.614 §§3,3a; 2001 c.900 §59]
     344.690
Advances to fund from account; repayment. (1) The warrants shall be drawn
as provided by law in favor of the Department of Human Services on funds in the
State Vocational Rehabilitation Account in the State Treasury. The funds so
advanced shall be used by the department for the revolving fund set forth in
ORS 344.685 (1).
     (2) At any time during the biennium for which the advances mentioned in subsection (1) of this section were made, upon written request together with a check drawn on the Vocational Rehabilitation Revolving Fund by the department, the Secretary of State shall return such advances to the State Vocational Rehabilitation Account.
     (3)(a) The State Treasurer shall, from time to time, advance from funds in the hands of the treasurer not required to meet current demands, to the Vocational Rehabilitation Revolving Fund established by ORS 344.685 (1), an amount not to exceed $40,000.
     (b) The amounts so advanced shall be returned without interest by the department to the State Treasurer at times and in amounts agreed upon between the State Treasurer and the department. [1967 c.483 §3; 1969 c.597 §170; 2001 c.900 §231]
REHABILITATION FACILITIES
     344.710
Rehabilitation facility defined. As used in ORS 344.720 and 344.730,
“rehabilitation facility” means a nonprofit sheltered or community-based
service established and operated by a public or private organization to provide
two or more of the following services for individuals with disabilities:
     (1) Vocational assessment.
     (2) Community integration.
     (3) Training.
     (4) Employment. [1963 c.506 §2; 1989 c.224 §56; 1991 c.93 §6; 2003 c.14 §153]
     344.720
Establishment of rehabilitation facilities; application; approval. (1) Upon
approval of the rehabilitation facility and within the limits of available
funds, the Department of Human Services may make grants to assist
rehabilitation facilities.
     (2) Applications for grants under subsection (1) of this section shall be made in the manner and form and contain the information required by the department.
     (3) The approval of the department required by subsection (1) of this section shall be based on reasonable and satisfactory assurance of:
     (a) Provision for vocational training and employment experience to enable the disabled or severely disabled individuals to participate in competitive employment when the physical condition of the person warrants such employment.
     (b) Compliance with the rules of the department applicable to rehabilitation facilities. [1963 c.506 §3; 1965 c.100 §441; 1967 c.552 §10; 1989 c.224 §57; 1991 c.93 §7]
     344.730
Financial report. All rehabilitation facilities which receive state aid
under the provisions of ORS 344.710 to 344.730, on or before January 15, shall
file with the Department of Human Services a financial report on the preceding
year in the form prescribed by the department. [1963 c.506 §4; 1991 c.93 §8]
     344.735
State advisory committee; members; duties. (1) There is established a state
advisory committee that shall function solely in an advisory capacity to the
Director of Human Services on vocational rehabilitation services. The director
shall appoint members to the advisory committee. A majority of the advisory
committee shall be disabled persons.
     (2) The director shall include advisory committee recommendations in the Department of Human Services’ decision-making process. The advisory committee shall:
     (a) Collect and study data and other information and offer advice concerning specialized needs of specific client groups;
     (b) Provide liaison between the department and the rehabilitation community;
     (c) Review and suggest new and revised legislation affecting the provision of vocational rehabilitation services to Oregon’s disabled;
     (d) Study, collect data and offer advice regarding high priority issues identified by the department;
     (e) Consider items of statewide concern relayed from regional advisory committees; and
     (f) Utilize regional committees as a resource for gathering information as it relates to the individual areas.
     (3) Through the advisory committee, the department shall take into account views of individuals and groups who are recipients of vocational rehabilitation services, providers of vocational rehabilitation services and others who are active in the vocational rehabilitation field, in connection with matters of general policy, program development and implementation. [1989 c.225 §1; 1999 c.59 §91; 2001 c.900 §60]
     344.740
[1969 c.100 §1; 1973 c.517 §1; repealed by 1981 c.126 §6]
YOUTH APPRENTICESHIP, TRAINING AND WORK BASED LEARNING PROGRAMS
     344.745
Youth apprenticeship, training and work based learning programs; number of
participants; qualifications; guidelines; credit. (1) The State
Apprenticeship and Training Council and the Department of Education shall establish
youth apprenticeship and training and work based learning programs to provide
occupational skill training for up to 2,000 individual high school students in
each biennium. Notwithstanding the limitation on the number of program
participants, the department and the Bureau of Labor and Industries may
increase the number of participants if federal funds become available for such
an increase. In the building and construction trades industries, there shall be
a maximum of 100 youth apprentices or trainees per biennium. However, the
council has the authority to increase the number of youth apprentices in
building and construction trades on the basis of demonstrated industry need.
     (2) Participating students must be 16 years of age or older and must be enrolled in a high school professional technical program that is applicable to the specific youth apprenticeship and training or work based learning program for which they are applying. Students must demonstrate mastery of the essential competencies contained in an approved career exploration curriculum prior to being registered as a youth apprentice or trainee. In licensed trades for building and construction and for the operation of equipment and machinery defined as hazardous, on-the-job training for students 16 or 17 years of age may be simulated cooperatively at a training site.
     (3) Participating schools shall develop and maintain a list of students eligible for youth apprenticeship and training programs. In a cooperative effort, school districts, education service districts and local apprenticeship and training committee members shall review and select students for participation from the list of eligible students established under this subsection.
     (4) Employers under ORS 660.002 to 660.210 shall cooperate with the State Director of Apprenticeship and Training through the applicable apprenticeship committee to develop training guidelines consistent with youth apprenticeship and training standards for a specific trade. The guidelines shall provide listing of work processes and related training to be done that will permit the student to acquire necessary skills. The employer, school and youth apprentice shall evaluate monthly the student’s progress in high school curriculum, related training and on-the-job training.
     (5) No registered youth apprentice or trainee shall displace a regular employee of an approved employer. [1991 c.859 §1; 1993 c.45 §257; 1993 c.765 §27]
     344.747
[1993 c.765 §31; 1995 c.298 §2; repealed by 1997 c.652 §63]
     344.750
Ratios of apprentices or trainees; workersÂ’ compensation coverage required;
wages; hours; removal. In addition to the provisions of ORS 344.745, in
each program:
     (1) The State Apprenticeship and Training Council shall establish by rule appropriate youth apprentice or trainee ratios.
     (2) The employer shall provide workers’ compensation coverage for the youth apprentices and trainees as required by ORS 656.033.
     (3) The youth apprentice or trainee shall begin at a wage that is not less than the state minimum wage.
     (4) Youth apprentices and trainees shall be evaluated for wage increases consistent with the policies established by the participating local apprenticeship or training committee.
     (5) Youth apprentices and trainees shall not be employed on projects subject to the federal Davis-Bacon Act or on projects subject to ORS 279C.800 to 279C.870, except ORS 279C.820, 279C.825, 279C.865 and 279C.870.
     (6) The youth apprentice’s or trainee’s combined in-school coursework and related training, as well as on-the-job training and other training experiences, shall not exceed 44 hours per week.
     (7) Employment with the employer shall not exceed 20 hours per week while the student is enrolled in school classes. All or a portion of the on-the-job training shall be used to meet graduation requirements.
     (8) Participating students who fail to regularly attend and make satisfactory progress in in-school courses and required related training or who leave high school prior to graduation or completion of their high school requirements shall automatically be removed from the youth apprenticeship program. [1991 c.859 §2; 1993 c.45 §258; 1993 c.765 §28; 1995 c.298 §1; 2003 c.794 §257]
     344.753
Employers eligible for reimbursement for costs of training programs; education
service credits. (1) Employers who enter into written agreements with
educational institutions and who are providing training to participants in
youth apprenticeship and training or work based learning programs are eligible
for reimbursement of expenses incurred in the training process. These expenses
may include wages paid to the student, training costs for mentors and
supervisors, equipment costs to set up youth training capacity, curriculum
development costs, costs of establishing interfirm training centers or other
costs necessitated by the training agreement.
     (2) The amount of reimbursement shall be 50 percent of the actual cost of the investment, such reimbursement not to exceed $2,500 per student who completes the agreed upon course of study. In the event that a student drops out of the program through no fault of the employer, the Department of Education may reimburse the employer for costs incurred to that point.
     (3) Eligible employers may elect to receive education service credits in lieu of the reimbursement provided in this section. The amount of the education service credit shall equal the value of the potential reimbursement on a dollar-for-dollar basis. Education service credits may be used to purchase educational services provided to the employer by school districts, education service districts, community colleges, the Oregon University System or private providers approved by the Department of Education.
     (4) Employers who terminate students without the concurrence of the school forfeit all claim to reimbursements or education service credits earned under this section.
     (5) The total amount of employer reimbursement allowable under this section to all employers shall not exceed the amount allocated therefor biennially from the Administrative Services Economic Development Fund.
     (6) Reimbursements allowed under this section must first be certified with regard to eligibility and availability of funds pursuant to a method established by the Department of Education in consultation with the Bureau of Labor and Industries. [1993 c.765 §32]
     344.755
Loss of eligibility for tax credit and for program participation. Training
agents who terminate youth apprentices without cause as determined by the
appropriate apprenticeship committee prior to completion of training or who violate
ORS 344.745 or 344.750 or rules adopted pursuant thereto by the State
Apprenticeship and Training Council or the Department of Education, upon notice
to the Department of Revenue, may lose their eligibility for tax credits
pursuant to ORS 315.254 and 318.031 and their eligibility to train and employ
youth apprentices under ORS 315.254 and 344.745 to 344.757 for a period of one
year. [1991 c.859 §8; 1993 c.45 §259]
     344.757
Gifts and grants. The Department of Education and the Bureau of Labor and
Industries may apply for and obtain gifts and grants of money from any public
or private source for the use and benefit of youth apprenticeship and training
or work based learning programs and shall expend funds received in accordance
with the terms of such gifts or grants. [1993 c.765 §33]
ADULT LITERACY
     344.760
Legislative findings on adult literacy. The Legislative Assembly finds
that:
     (1) It is in the state’s interest to ensure coordination of the various groups providing adult literacy services within communities.
     (2) The demands created by new technologies and foreign competition have intensified the need for a literate workforce.
     (3) Community colleges are the major providers of adult literacy to Oregon communities through adult basic education, General Educational Development (GED) and reading, tutoring and pre-employment skills classes.
     (4) Community colleges present the opportunity of a statewide network able to link libraries, providers of workforce development services, community schools, volunteer literacy groups and other providers of literacy services and resources. [1987 c.190 §2; 1997 c.249 §108; 2001 c.684 §26]
     344.765
Establishment of literacy coalitions by community colleges. (1) Community
colleges may establish local literacy coalitions in the community college
districts and in unserved areas in order to enhance educational services to
undereducated adults.
     (2) A literacy coalition in each district shall inform community members as to the extent of literacy services available in their area. The coalition shall endeavor to insure that community resources are used effectively and try to make more services available to undereducated adults through community efforts. [1987 c.190 §3]
     344.770
Short title. ORS 344.760 to 344.770 may be cited as the “Adult Literacy
Act.” [1987 c.190 §1]
     344.810
[Formerly 344.640; 1965 c.285 §67b; renumbered 656.616]
     344.820
[Formerly 344.650; 1965 c.285 §67c; renumbered 656.728(1)]
     344.830
[Formerly 344.660; 1965 c.285 §67d; renumbered 656.728(2)]
REHABILITATION OF WORKERS
     344.840
Professional technical instruction in public schools for workers;
reimbursement. Upon application of the Director of the Department of
Consumer and Business Services, the district school board of a school district
which employs professional technical instructors or maintains a professional
technical training program shall furnish to any person designated by the
director such professional technical instruction as is provided for district
pupils when the facilities of the district permit. The director shall cause to
be paid to the district the actual cost of such instruction as nearly as may be
estimated by the district school board. [Formerly 344.670; 1965 c.100 §442;
1993 c.45 §260]
     344.850
Reimbursements to Department of Human Services. All reimbursements to the
Department of Human Services made by the Department of Consumer and Business
Services in connection with rehabilitation services shall be deposited in the
State Vocational Rehabilitation Account and be included in the biennial budget
of the Department of Human Services. [Formerly 344.680; 1965 c.100 §443; 1983
c.297 §2]
     344.990
[Repealed by 1965 c.100 §456]
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