2007 Oregon Code - Chapter 341 :: Chapter 341 - Community Colleges
Chapter 341 —
Community Colleges
2007 EDITION
COMMUNITY COLLEGES
EDUCATION AND CULTURE
GENERAL PROVISIONS
341.005Â Â Â Â Definitions
341.009Â Â Â Â Policy
341.015Â Â Â Â Guidelines
for districts
DIRECT AND CONTRACT SERVICES
341.019Â Â Â Â All
areas in state to be served by district; procedure; responsibility; rules;
local advisory committees; duties
341.021Â Â Â Â Provision
of service outside districts; proposals; costs
341.022Â Â Â Â Maximum
reimbursable enrollments in nondistrict areas
341.024Â Â Â Â Rules
COMMUNITY COLLEGE DISTRICTS
(Formation)
341.025Â Â Â Â Petition
for formation of district
341.039Â Â Â Â Community
college service district; petition; powers; question for electors; method of
change
341.041Â Â Â Â Conversion
of certain community college service districts to community college districts
341.045Â Â Â Â Feasibility
study; hearing
341.055Â Â Â Â Hearing;
alteration of proposed boundaries
341.065Â Â Â Â Dismissal
of petition
341.076Â Â Â Â State
board recommendation to legislature; appeal; revision of recommendation;
hearing; effect of legislative action
341.085Â Â Â Â Election
for formation of district
341.095Â Â Â Â Election
shall include question of rate limit for operating taxes and may include
question of organizational expense
341.102Â Â Â Â Payment
of formation election expenses
341.105Â Â Â Â List
of electors
341.115Â Â Â Â Effect
of election results
341.125Â Â Â Â First
board
(Zones)
341.175Â Â Â Â Adjustment
of zone boundaries
341.185Â Â Â Â Review
of zone boundaries
BOARD OF EDUCATION
(Composition)
341.275Â Â Â Â Community
college district board; qualifications
(Organization)
341.283Â Â Â Â Organization;
meetings; quorum; rules; journal; expenses
(Status)
341.287Â Â Â Â Status;
official title of board
(Powers)
341.290Â Â Â Â General
powers; rules
341.300Â Â Â Â Traffic
control; conditions on parking privileges; rules; penalty
341.305Â Â Â Â Tax
levy
341.308Â Â Â Â Authority
to certify operating taxes
341.309Â Â Â Â Establishment
of interstate taxing authority
341.311Â Â Â Â Eminent
domain
341.312Â Â Â Â Self-insurance
program
341.315Â Â Â Â Contract
for educational services
341.317Â Â Â Â Educational
services to inmates at correctional institutions; reimbursement
341.319Â Â Â Â Intellectual
property
341.321Â Â Â Â Reserve
fund; establishment and termination procedures
(Nomination and Election)
341.326Â Â Â Â Qualification
341.327Â Â Â Â Mode
of election of board
341.331Â Â Â Â Change
in method of nominating and electing board
341.335Â Â Â Â Vacancy;
filling of vacancy; term of appointed member
341.339Â Â Â Â Position
numbers required for at-large positions
341.341Â Â Â Â Assigning
position numbers
ELECTIONS GENERALLY
341.356Â Â Â Â Election
laws applicable
341.357Â Â Â Â Publication
of notices
341.369Â Â Â Â Special
elections
341.371Â Â Â Â Board
resolution required to submit question to electors
341.379Â Â Â Â Eligibility
of electors following certain events
ESTABLISHMENT AND OPERATION OF COMMUNITY
COLLEGES
(Establishment)
341.405Â Â Â Â Establishment
of community college
341.415Â Â Â Â Official
name of college
341.420Â Â Â Â Procedure
for name changes for district or college
(Programs and Courses)
341.425Â Â Â Â Approval
required to commence or change program and for transfer credits
341.440Â Â Â Â Contracts
with other districts, state department, university or private schools for
educational services
341.450Â Â Â Â Two-plus-two
programs and other related programs
341.455Â Â Â Â Credit
for private career school courses; transcripting fee
341.460Â Â Â Â Credit
for traffic safety education course not permitted
341.463Â Â Â Â Courses
in American Sign Language
341.465Â Â Â Â Certificates
and associate degrees
(Students)
341.475Â Â Â Â Student
loan fund
341.485Â Â Â Â Scholarships
341.505Â Â Â Â Admission
of students
341.525Â Â Â Â Contracts
for reimbursement between college districts; effect of high school studentÂ’s
enrollment on school funding
341.527Â Â Â Â Admission
of nonresident students at resident tuition rate under certain conditions;
exchange procedures; rules
341.528Â Â Â Â Residency
for purpose of distribution of state aid
341.529Â Â Â Â Admission
of members of Armed Forces, spouses and dependent children; fee and tuition
rate
341.531Â Â Â Â Rights
of student in military ordered to active duty; rules
341.532Â Â Â Â Credit
for room, board, tuition and fees for student ordered to active duty; rules
341.533Â Â Â Â Credit
for education and training received in Armed Forces
(Employees)
341.535Â Â Â Â Qualifications
of faculty; appraisal
341.541Â Â Â Â Affirmative
action plans, goals when faculty, staff reductions required
341.547Â Â Â Â Notice
of reasonable assurance of continued employment; effect of failure to give
notice
341.551Â Â Â Â Optional
retirement plan for administrative employees
BOUNDARY CHANGES
341.565Â Â Â Â State
board as boundary board; petition, hearings; legislative approval required;
effective date of change; filing of change
341.569Â Â Â Â When
election on change required
341.573Â Â Â Â Division
of assets and liabilities
341.575Â Â Â Â Liability
of annexed or merged territory
341.577Â Â Â Â Procedure
when district annexes new territory that is greater in population than original
district
341.579Â Â Â Â Vote
on proposed boundary change subject to ORS 341.577; state boardÂ’s order
EXPANSION OF COMMUNITY COLLEGE DISTRICTS
341.601    “District”
defined
341.604Â Â Â Â Classification
and designation of service areas
341.608Â Â Â Â Service
area financing; bonded indebtedness
341.611Â Â Â Â Election
on bonded indebtedness
341.613Â Â Â Â Bonded
indebtedness restrictions
341.616Â Â Â Â Levy
of direct ad valorem tax to pay bonds
341.618Â Â Â Â Application
of ORS 341.675 to 341.715 to bonds
341.619Â Â Â Â New
territory in
Note         Provisions
governing annexation of new territory into Blue Mountain Community College
District--1999 c.1027 §4
AID FOR OPERATION
341.620Â Â Â Â Community
College Support Fund
341.626Â Â Â Â Distribution
of state aid; rules
341.635Â Â Â Â Effect
on state aid of scholarships and of certain admissions
341.655Â Â Â Â Distribution
of federal funds for professional technical education
341.660Â Â Â Â Treatment
of public library costs in computing state aid
341.665Â Â Â Â Receipt
of funds for apprenticeship programs
FINANCE
(Bonds Issued by Districts)
341.675Â Â Â Â Authority
to incur bonded indebtedness; aggregate amount
341.678Â Â Â Â Election
on bonded indebtedness
341.681Â Â Â Â Issuance
of bonds
341.685Â Â Â Â Registration
of bonds; disposition of proceeds
341.690Â Â Â Â Tax
levy to meet annual bonded indebtedness; bond sinking fund
341.693Â Â Â Â Payment
of bond principal and interest
341.695Â Â Â Â Bond
redemption procedure
341.697Â Â Â Â Refunding
bonds
341.702Â Â Â Â Laws
governing issuance of bonds
(Custody and Expenditure of Funds)
341.703Â Â Â Â Custodian
of funds; depositories; signature on checks; warrants as checks
341.705Â Â Â Â Warrant
procedure
(Audits)
341.709Â Â Â Â Annual
audit required
(Short-Term Bonds)
341.715Â Â Â Â Short-term
bonds
(Bonds Issued by State)
341.721Â Â Â Â Issuance
by State Treasurer
341.725Â Â Â Â 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
341.728Â Â Â Â
341.731Â Â Â Â Community
College Bond Sinking Fund
341.735Â Â Â Â Grant
agreements for distribution of funds to community college districts; fees
341.739Â Â Â Â Bond
counsel services; financial advisory services
AID FOR CONSTRUCTION
341.933Â Â Â Â Distribution
of state funds for capital construction; standards; limitations; rules
341.937Â Â Â Â 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 yearsÂ’ 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 studentÂ’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 userÂ’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 studentÂ’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:
     (a) Subject to ORS 341.022, eligible
full-time equivalent student enrollment produced under the agreement may be
claimed for state reimbursement purposes by the community college district.
Such reimbursement shall come from the Community College Support Fund
established in ORS 341.620 and shall be distributed as directed in ORS 341.626
and the rules of the State Board of Education.
     (b) A share of the budget shall be
provided by those individuals or agencies receiving service under this
agreement as specified by rule of the State Board of Education adopted under
ORS 341.024 (3).
     (4) Agreements developed under this
section shall be wholly supported by Community College Support Fund
reimbursement, nondistrict student tuition and nondistrict resources. [1987
c.191 §3; 1991 c.757 §4; 1995 c.67 §4]
     341.022
Maximum reimbursable enrollments in nondistrict areas. Annual state reimbursable enrollments under
an agreement with a nondistrict area shall not exceed 300 full-time equivalent
students. [1987 c.191 §4]
     341.023 [1987 c.191 §5; 1991 c.757 §5; repealed by
1995 c.67 §42]
     341.024
Rules. The State Board of
Education shall adopt rules to implement ORS 341.019 to 341.024. The rules
shall provide:
     (1) Standards for accepting proposals for
service;
     (2) Procedures providing the form of
agreements and for recording them;
     (3) Standards for cash and in-kind
contributions by nondistrict areas;
     (4) Standards as required by ORS 341.019
(4); and
     (5) Other rules necessary to implement ORS
341.019 to 341.024. [1987 c.191 §6]
COMMUNITY
COLLEGE DISTRICTS
(Formation)
     341.025
Petition for formation of district. (1) Whenever the electors registered in contiguous territory desire
the formation of a community college district, they may sign a petition
requesting the formation of such a district and present it to the State Board
of Education.
     (2) The petition must be substantially in
the form established by the state board which shall furnish the petition form
and:
     (a) Must contain the minimum number of
signatures fixed by the state board of 500, or 10 percent of the electors
registered in each county or part of a county within the designated territory,
whichever is the lesser;
     (b) Must designate the boundaries of the
territory to be included in the proposed district which may include all or part
of the territory lying within the boundaries of a school district and may be
located in more than one county;
     (c) Must request that the territory be
organized into a district;
     (d) May specify or reserve the right to
specify the location for the proposed community college or may request the
state board to determine the location;
     (e) Must specify the method of nomination
and election of the board of education of the proposed district from among the
methods described in ORS 341.327; and
     (f) Must contain any other information
required by rules of the state board. [Formerly 341.710; 1967 c.465 §5; 1969
c.220 §1; 1969 c.673 §1; 1971 c.513 §73; 1983 c.83 §71; 1983 c.350 §194; 1989
c.261 §1; 1995 c.67 §5]
     341.030 [Repealed by 1965 c.100 §456]
     341.035 [Formerly 341.720; repealed by 1969 c.673 §14]
     341.037 [1971 c.513 §74b; 1987 c.192 §1; repealed by
1989 c.261 §4]
     341.039
Community college service district; petition; powers; question for electors;
method of change. (1) A
petition submitted pursuant to ORS 341.025 may specify that the proposed
district be organized as a community college service district. The formation of
a community college service district shall comply with the provisions of ORS
341.025 to 341.125. A petition affecting a territory that, in the judgment of
the Commissioner for Community College Services, will not generate an annual
enrollment in excess of 1,000 full-time equivalent students after three years
of operation shall be considered to be a petition for the formation of a
community college service district.
     (2) If formed, a community college service
district shall in all respects be governed by the laws applicable to community
college districts with the following exceptions:
     (a) Notwithstanding ORS 341.675, community
college service districts formed after July 1, 1997, may not incur bonded
indebtedness for any purpose. This limitation shall not be construed to
prohibit lease-purchase arrangements or other lawful forms of capital
financing. A community college service district may hold and own buildings and
grounds acquired through gifts or financing methods authorized by this section.
     (b) The board of education for a community
college service district shall annually review the programs and services of the
service district. This review shall have as its purpose a determination of
which services can most effectively and economically be delivered directly and
which services can best be delivered through contracting arrangements. The
direct hiring of faculty and staff is expressly permitted.
     (3) After having been in operation for at
least three years, a community college service district may submit to the
electors of the district the question of whether the district shall operate as
a community college district.
     (4) Prior to submitting the question to
the electors, the community college service district must have been in
operation for three years, and must have secured the approval of the State
Board of Education to hold the election. Before granting approval, the state
board must find:
     (a) The service district has acquired
stability as demonstrated by a continuity of management, regularly adopted
policies and procedures and adequate financial resources; and
     (b) The service district has adopted a
sound comprehensive plan that sets out the districtÂ’s instructional and capital
plans for five years. [1989 c.261 §3; 1997 c.249 §102; 1997 c.271 §1; 1999 c.21
§67; 1999 c.211 §1]
     Note: 341.039 was added to and made a part of ORS
chapter 341 by legislative action but was not added to any series therein. See
Preface to Oregon Revised Statutes for further explanation.
     341.040 [Repealed by 1965 c.100 §456]
     341.041
Conversion of certain community college service districts to community college
districts. Notwithstanding
ORS 341.039 (3) and (4), on July 1, 2001, all community college service
districts formed prior to July 1, 1997, shall become community college
districts and on and after July 1, 2001, shall operate as community college
districts. [2001 c.168 §2]
     341.045
Feasibility study; hearing.
(1) The State Board of Education shall examine the petition to determine
whether it is complete. If the petition is complete and if formation of the
district is consistent with the overall plan for all education in the state,
the state board shall undertake a study of the feasibility of a community
college in the geographical area proposed by the petition, including but not
limited to:
     (a) Educational needs of the area.
     (b) Potential enrollment levels.
     (c) The rate of operating taxes that is
required to meet the local share of operating and capital expenses and that
would, if adopted, be the districtÂ’s permanent rate limit for operating taxes,
including whether the proposed rate bears a reasonable relationship to the
permanent rate limit of operating community college districts of similar size
and circumstance to the proposed new district. If the proposed rate is
substantially below the rate of similar operating districts, the feasibility
study shall explicitly detail how the proposed new district intends to provide
a comprehensive community college program.
     (d) Relationship of the proposed district
to the overall plan for all education in the state.
     (e) Boundaries of the proposed district.
     (f) The appropriateness of the proposed
name of the community college district or the community college, if a name is
proposed, in order to determine that the proposed name is not misleading,
confusing or grossly inappropriate.
     (2) Upon completion of its study, the
state board shall set a date for a public hearing on the petition and study and
shall give notice of the hearing in the manner provided in ORS 341.357.
     (3) The notice of hearing shall state:
     (a) A study has been conducted on a
proposed district.
     (b) The boundaries of the proposed
district.
     (c) Whether the proposed community college
district specifies providing its courses through contract with agencies
authorized to enter into such contracts.
     (d) The time and place set for the hearing
on the petition. [Formerly 347.730; 1967 c.465 §1; 1969 c.673 §2; 1971 c.513 §74;
1991 c.397 §1; 1997 c.541 §378]
     341.050 [Repealed by 1965 c.100 §456]
     341.055
Hearing; alteration of proposed boundaries. (1) At the time designated in the notice, the State Board of Education
or its authorized representative shall conduct a public hearing on the study
and may adjourn the hearing from time to time. The state board may alter the
boundaries set forth in the petition submitted under ORS 341.025 to include all
territory the residents of which will be materially benefited by formation of
the community college district as determined by its study. The state board
shall not modify the boundaries of the district as set forth in the petition so
as to exclude from the district any territory the residents of which will be
materially benefited by formation of the district, nor may there be included in
the proposed district any territory the residents of which will not be
materially benefited.
     (2) If the board concludes that any
territory has been improperly included or omitted from the proposed community
college district and that electors within the included or omitted territory
have not appeared at the hearing, the board shall continue further hearing on
the study and shall order notice given to the nonappearing electors requiring
them to appear and show cause why their territory should not be excluded or
included in the proposed district. The notice shall be given either in the same
manner as notice of the original hearing was given or by personal service on
each nonappearing elector. If notice is given by personal service, such service
shall be made at least 10 days prior to the date fixed for the hearing. [Formerly
341.740; 1967 c.465 §2; 1969 c.673 §3]
     341.060 [Repealed by 1965 c.100 §456]
     341.065
Dismissal of petition. If,
in the opinion of the State Board of Education, the study and the testimony
presented at the hearing or hearings held under ORS 341.055 indicate that the
formation of a community college district as petitioned is not warranted under
the policies set forth by ORS 341.009, the state board shall order dismissal of
the petition. An appeal from this order may be taken within 60 days in the
manner provided in ORS 183.480. [1965 c.238 §2; 1967 c.465 §3; 1969 c.673 §4;
1991 c.397 §2]
     341.070 [Repealed by 1957 c.723 §28]
     341.075 [Formerly 341.750; repealed by 1969 c.673 §5
(341.076 enacted in lieu of 341.075)]
     341.076
State board recommendation to legislature; appeal; revision of recommendation;
hearing; effect of legislative action. (1) If, upon final hearing of the study under ORS 341.055, the State
Board of Education approves formation of a community college district, with
boundaries either as originally presented or as altered pursuant to the
hearing, the state board shall make its recommendation to the Legislative
Assembly in an order describing the exterior boundaries and the zone boundaries
for the election of members of the board of education of the community college
district, if any. An appeal from the recommendation may be taken within 60 days
in the manner provided in ORS 183.480. If no appeal from this recommendation is
filed within 60 days after the date of the recommendation, the recommendation
becomes final.
     (2) If an appeal is filed, the
recommendation becomes final on the date the recommendation is affirmed by the
court. However, if the recommendation is not affirmed, the state board may not
submit its recommendation to the Legislative Assembly but may reconsider the conclusions
of its study and if the state board revises those conclusions, the state board
may set a date for a new hearing.
     (3) Upon receipt of the final
recommendation, the Legislative Assembly shall approve or disapprove the
recommendation. If the recommendation is approved, an election under ORS
341.085 shall be held. If the recommendation is disapproved, the state board
may revise its recommendation and resubmit a final recommendation to the
Legislative Assembly but not sooner than 60 days after the action of
disapproval was taken. [1969 c.673 §6 (enacted in lieu of 341.075); 1971 c.513 §75;
1977 c.827 §1; 2003 c.574 §1]
     341.080 [Repealed by 1965 c.100 §456]
     341.085
Election for formation of district. (1) An election for the purpose of presenting the question of
formation of a district and establishing a permanent rate limit for operating
taxes and the boundaries of the zones, if the zones were recommended by the
State Board of Education, shall be held to submit the question to the electors
registered in the proposed district designated in the recommendation of the
state board. The election shall be held not sooner than the 90th day after the
effective date of the appropriation required by ORS 341.102. The election date
shall be uniform throughout the proposed district, and shall be set by the
state board on a date specified in ORS 255.345. However, if the question of
establishing a permanent rate limit for operating taxes is to be submitted, the
election must be held on the same date as the next primary election or the next
general election, as determined by the state board.
     (2) ORS chapter 255 and ORS 250.035 and
250.036 govern the notice and conduct of an election under this section. The
state board shall be the district elections authority for an election conducted
under this section. Notwithstanding ORS 255.305, the state board shall pay the
expenses incurred for the election.
     (3) An elector registered in a precinct or
in the portion of a precinct which is located within the boundaries of the
proposed district may vote on any matter arising at the election under
subsection (1) of this section. [Formerly 341.760; 1967 c.605 §18; 1969 c.673 §9;
1971 c.513 §76; 1973 c.796 §51a; 1983 c.83 §72; 1983 c.350 §195; 1987 c.267 §77;
1995 c.67 §6; 1995 c.79 §184; 1995 c.712 §108; 1997 c.541 §379; 2001 c.114 §50]
     341.095
Election shall include question of rate limit for operating taxes and may
include question of organizational expense. (1) The State Board of Education shall include as a part of the
election called for formation of a district the question of a permanent rate
limit for operating taxes to finance the districtÂ’s share of operating and
capital expenses. The rate limit shall be specified by the state board as a
result of its study and the hearing held under ORS 341.055. The state board may
also include the question of incurring indebtedness to pay organizational
expenses of the district between the time the district is approved and the
first budget is adopted. If the question of incurring indebtedness is approved,
the district may borrow money on its negotiable, short-term, promissory notes
in an aggregate amount not to exceed the limit approved at the election and
may, notwithstanding ORS 294.326, expend such money without the preparation and
adoption of a budget.
     (2) In preparing its first budget, the
board of the district shall provide for the repayment of the indebtedness
incurred for organizational expenses under subsection (1) of this section. [1965
c.129 §2; 1969 c.673 §10; 1971 c.513 §77; 1995 c.67 §7; 1997 c.541 §380]
     341.102
Payment of formation election expenses. If the Legislative Assembly approves the recommendation submitted
under ORS 341.076, 341.565 or 341.579, the Legislative Assembly shall
appropriate or allocate to the Department of Community Colleges and Workforce
Development moneys necessary to pay the expenses of the election under ORS
341.085, 341.565, 341.569 or 341.579 (1) if the election is to occur within 24
months of the appropriation or allocation. If the election does not occur
within the biennium immediately following the appropriation or allocation, the
question shall be brought before the next Legislative Assembly. The state shall
fund the election without regard to the outcome of the election. [1969 c.673 §8;
1995 c.67 §8; 1995 c.357 §3a; 1997 c.249 §103; 1999 c.1027 §7; 2001 c.104 §115;
2003 c.574 §2]
     341.105
List of electors. When at
the request of the State Board of Education the county clerk of the principal
county, in consultation with county clerks of the affected counties, prepares a
list or lists of names and addresses of the electors registered in the proposed
district, the Department of Community Colleges and Workforce Development is
authorized to pay the charge as determined under ORS 255.305. [Formerly 341.770;
1969 c.673 §11; 1971 c.513 §78; 1973 c.796 §51b; 1983 c.83 §73; 1983 c.350 §196;
1995 c.67 §9]
     341.115
Effect of election results.
(1) If the vote is in favor of the formation of the community college district
and establishes a permanent rate limit for operating taxes for the district,
the State Board of Education:
     (a) Shall proclaim not later than the
second regular meeting of the state board following the boardÂ’s determination
from the election results that a community college district has been formed;
and
     (b) Shall furnish any affected county
assessor with a copy of the proclamation.
     (2) If the location of the community
college or zone boundaries are specified on the ballot, and the vote favors
formation, the state board shall include such location and boundaries in its
proclamation.
     (3) If the vote is in favor of the
formation of a community college district but opposed to a permanent rate limit
at the rate submitted, the district shall not be formed. [Formerly 341.780;
1969 c.673 §13; 1983 c.350 §197; 1995 c.67 §10; 1997 c.541 §381]
     341.125
First board. (1) The first
board of education of a district shall be elected at the same election as the
election at which votes are cast for the formation of the district. Nominations
for the board of education positions to be filled by nomination and election
at-large shall be made by petition requesting that such personÂ’s name be placed
on the ballot and signed with the signatures of at least 50 electors registered
in the proposed district. If the district has been zoned and the position is to
be filled by nomination or election by zone, the petition shall be signed by at
least 25 electors registered in the zone. The petition shall be presented to
the State Board of Education at least 70 days prior to the election. Upon
receipt of petitions which comply with applicable law, the state board shall
cause the names of such nominees to be placed upon the ballot.
     (2) Seven members shall be elected to the
first board, to serve terms of four and two years respectively in accordance
with the number of votes each receives with the three members receiving the
largest number of votes serving the four-year terms. The terms of office of the
members of the first board shall be computed from the date of June 30 subsequent
to the date of their election, but the members shall take office immediately
following the election. If for any reason a district is not formed, the
election of board members for that proposed district is void.
     (3) If the district has been zoned, the
state board shall designate the positions to be nominated or elected by zone
and shall specify the length of the term to be served by each member of the
first board elected by zone.
     (4) If the election is at large, the
length of the term of office of members of the first board elected shall be
determined in accordance with the number of votes each receives in the
election. Those receiving the highest number of votes may serve the four-year
terms, subject to any term designations made by the state board under subsection
(3) of this section. [Formerly 341.800; 1971 c.513 §79; 1973 c.796 §52; 1983
c.83 §74; 1995 c.258 §8]
     341.135 [Formerly 341.910; repealed by 1971 c.513 §100]
     341.155 [Formerly 341.912; 1971 c.513 §80; repealed
by 1983 c.350 §331a]
     341.165 [Formerly 341.914; 1969 c.220 §2; 1971 c.513
§81; 1983 c.350 §198; renumbered 341.331]
(Zones)
     341.175
Adjustment of zone boundaries.
The board shall adjust the boundaries of zones established within a district as
necessary to make them as nearly equal in population as is feasible according
to the latest federal census. The board also shall adjust boundaries of zones
as necessary to reflect boundary changes of the district. [Formerly 341.916;
1969 c.220 §3; 1971 c.513 §28; 1983 c.350 §199]
     341.185
Review of zone boundaries.
Any elector of a district aggrieved by the adjustment of or failure to adjust
boundaries of a zone pursuant to ORS 341.175 on the basis that population is
not as nearly equal as is feasible is entitled to appear before the board at a
public hearing to present the case. If the board refuses to make the requested
adjustment in the boundaries, the aggrieved elector may appeal from the
decision of the board to the circuit court. The appeal shall be by writ of
review. [1971 c.513 §29; 1983 c.350 §200]
     341.195 [Subsections (1) and (2) formerly 341.820;
subsection (3) formerly 341.880; repealed by 1971 c.513 §100]
     341.205 [1965 c.100 §321 (enacted in lieu of
341.830); repealed by 1971 c.513 §100]
     341.210 [Repealed by 1959 c.121 §2]
     341.215 [Formerly 341.840; repealed by 1971 c.513 §100]
     341.220 [Repealed by 1959 c.121 §2]
     341.225 [Formerly 341.850; repealed by 1971 c.513 §100]
     341.230 [Repealed by 1959 c.121 §2]
     341.235 [Formerly 341.860; repealed by 1971 c.513 §100]
     341.240 [Repealed by 1959 c.121 §2]
     341.245 [Formerly 341.870; repealed by 1971 c.513 §100]
     341.250 [Repealed by 1959 c.121 §2]
     341.255 [1965 c.100 §327; repealed by 1971 c.513 §100]
BOARD OF
EDUCATION
(Composition)
     341.275
Community college district board; qualifications. (1) The board shall be composed of seven
members.
     (2) No person who is an employee of the
community college district shall be eligible to serve as a member of the board
for the district by which the employee is employed. [Formerly 341.790; 1967
c.605 §19; 1969 c.220 §6; 1971 c.513 §26; 1981 c.114 §1; 1983 c.350 §201]
     341.280 [1969 c.220 §5; 1971 c.513 §24; renumbered
341.327]
     341.282 [1969 c.220 §7; renumbered 341.329]
(Organization)
     341.283
Organization; meetings; quorum; rules; journal; expenses. (1) After July 1 of each year, the board of
a district shall meet and organize by electing a chairperson and a vice
chairperson from its members.
     (2) The board shall provide for the time
and place of its regular meetings, at any of which it may adjourn to the next
succeeding regular meeting or to some specified time prior thereto. Special
meetings shall be convened by order of the chairperson of the board or upon the
request of four board members at least 24 hours before such meeting is to be
held, or by common consent of the board members. Notice of any special meeting
shall be given to the members pursuant to bylaws of the board.
     (3) A majority of the board members shall
constitute a quorum. The affirmative vote of the majority of members of the
board is required to transact any business.
     (4) The board shall adopt rules for the
government of the conduct of its members and its proceedings. The board shall
keep a journal and, on the call of any one of its members, shall cause the yeas
and nays to be taken and entered upon its journal upon any question before it.
     (5) Any duty imposed upon the board as a
body shall be performed at a regular or special meeting and shall be made a
matter of record. The consent to any particular measure obtained from
individual board members when the board is not in session shall not be an act
of the board and shall not be binding upon the district.
     (6) Members of the board shall receive no
compensation for their services, but they shall be allowed the actual and
necessary expenses incurred by them in the performance of their duties. [1971
c.513 §2; 1973 c.725 §2; 1995 c.67 §12]
     341.285 [Formerly 341.805; repealed by 1971 c.513 §100]
(Status)
     341.287
Status; official title of board. (1) Districts are bodies corporate, and the board is authorized to sue
and be sued in the corporate name.
     (2) The members of the board of a district
in their official capacity shall be known as the board of education of the
community college district. [1971 c.513 §3]
(Powers)
     341.290
General powers; rules. The
board of education of a community college district shall be responsible for the
general supervision and control of any and all community colleges operated by
the district. Consistent with any applicable rules of the State Board of
Education, the board may:
     (1) Subject to ORS chapters 238 and 238A,
employ administrative officers, professional personnel and other employees,
define their duties, terms and conditions of employment and prescribe
compensation therefor, pursuant to ORS 243.650 to 243.782.
     (2) Enact rules for the government of the
community college, including professional personnel and other employees thereof
and students therein.
     (3) Prescribe the educational program.
     (4) Control use of and access to the grounds,
buildings, books, equipment and other property of the district.
     (5) Acquire, receive, hold, control,
convey, sell, manage, operate, lease, lease-purchase, lend, invest, improve and
develop any and all property of whatever nature given to or appropriated for
the use, support or benefit of any activity under the control of the board,
according to the terms and conditions of such gift or appropriation.
     (6) Purchase real property upon a
contractual basis when the period of time allowed for payment under the
contract does not exceed 30 years.
     (7) Fix standards of admission to the
community college, prescribe and collect tuition for admission to the community
college, including fixing different tuition rates for students who reside in
the district, students who do not reside in the district but are residents of
the state and students who do not reside in the state.
     (8) Prescribe and collect fees and expend
funds so raised for special programs and services for the students and for
programs for the cultural and physical development of the students.
     (9) Provide and disseminate to the public
information relating to the program, operation and finances of the community
college.
     (10) Establish or contract for advisory
and consultant services.
     (11) Take, hold and dispose of mortgages
on real and personal property acquired by way of gift or arising out of
transactions entered into in accordance with the powers, duties and authority
of the board and institute, maintain and participate in suits and actions and
other judicial proceedings in the name of the district for the foreclosure of
such mortgages.
     (12) Maintain programs, services and
facilities, and, in connection therewith, cooperate and enter into agreements
with any person or public or private agency.
     (13) Provide student services including
health, guidance, counseling and placement services, and contract therefor.
     (14) Join appropriate associations and pay
any required dues therefor from resources of the district.
     (15) Apply for federal funds and accept and
enter into any contracts or agreements for the receipt of such funds from the
federal government or its agencies for educational purposes.
     (16) Exercise any other power, duty or
responsibility necessary to carry out the functions under this section or
required by law.
     (17) Prescribe rules for the use and
access to public records of the district that are consistent with ORS 192.420,
and education records of students under applicable state and federal law and
rules of the State Board of Education. Whenever a student has attained 18 years
of age or is attending an institution of post-secondary education, the
permission or consent required of and the rights accorded to a parent of the
student regarding education records shall thereafter be required of and accorded
to only the student. However, faculty records relating to matters such as
conduct, personal and academic evaluations, disciplinary actions, if any, and
other personal matters shall not be made available to public inspection for any
purpose except with the consent of the person who is the subject of the record
or upon order of a court of competent jurisdiction.
     (18) Enter into contracts for the receipt
of cash or property, or both, and establish charitable gift annuities pursuant
to ORS 731.038; and, commit, appropriate, authorize and budget for the payment
of or other disposition of general funds to pay, in whole or in part, sums due
under an agreement for a charitable gift annuity, and to provide the necessary
funding for reserves or other trust funds pursuant to ORS 731.038.
     (19) Encourage gifts to the district by
faithfully devoting the proceeds of such gifts to the district purposes for
which intended.
     (20) Build, furnish, equip, repair, lease,
purchase and raze facilities; and locate, buy and acquire lands for all
district purposes. Financing may be by any prudent method including but not
limited to loans, contract purchase or lease. Leases authorized by this section
include lease-purchase agreements under which the district may acquire ownership
of the leased property at a nominal price. Such financing agreements may be for
a term of up to 30 years except for lease arrangements which may be for a term
of up to 50 years.
     (21) Participate in an educational
consortium with public and private institutions that offer upper division and
graduate instruction. Community colleges engaged in such consortiums may expend
money, provide facilities and assign staff to assist those institutions
offering upper division and graduate instruction.
     (22) Enter into contracts of insurance or
medical and hospital service contracts or may operate a self-insurance program
as provided in ORS 341.312. [1971 c.513 §4; 1973 c.536 §34; 1981 c.137 §1; 1983
c.182 §1; 1985 c.455 §1; 1989 c.191 §1; 1989 c.341 §1; 1993 c.806 §6; 1995 c.79
§185; 1999 c.502 §1; 2003 c.733 §74; 2005 c.31 §5]
     341.295 [Formerly 341.890; repealed by 1971 c.513 §100]
     341.300
Traffic control; conditions on parking privileges; rules; penalty. (1) The board may adopt such regulations as
it considers necessary to provide for the policing, control and regulations of
traffic and parking of vehicles on property under the jurisdiction of the
board. Such regulations may provide for the registration of vehicles, the
designation and posting of parking areas, and the assessment and collection of
reasonable fees and charges for parking and shall be filed in the board
business office on the campus and shall be available for public inspection. The
board may require that before a quarterly or yearly parking privilege for any
vehicle is granted to any full-time or part-time student to use board property,
the student must show that the vehicle is operated by a student holding a valid
driver license, that the vehicle is currently registered and that the student
driving the vehicle is insured under a motor vehicle liability insurance policy
that meets the requirements described under ORS 806.080 or that the student or
owner of the vehicle has provided the Department of Transportation with other
satisfactory proof of compliance with the financial responsibility requirements
of this state.
     (2) The regulations adopted pursuant to
subsection (1) of this section may be enforced administratively under
procedures adopted by the board. Administrative and disciplinary sanctions may
be imposed upon students, faculty, and staff for violation of the regulations.
The board may establish hearing procedures for the determination of
controversies in connection with imposition of fines or penalties.
     (3) Upon agreement between the board and a
city or county in which all or part of the community college campus is located,
proceedings to enforce regulations adopted pursuant to subsection (1) of this
section shall be brought in the name of the city or county enforcing the
regulation in the circuit, justice or municipal court in the county in which
the violation occurred. The fines, penalties and costs recovered shall be paid
to the clerk of the court involved in accordance with the agreement between the
board and the city or county with which the agreement is made.
     (4) The regulations adopted pursuant to
subsection (1) of this section may also be enforced by the impoundment of
vehicles, and a reasonable fee may be enacted for the cost of impoundment and
storage, if any, prior to the release of the vehicles to their owners.
     (5) Every peace officer acting within the
jurisdictional authority of a governmental unit of the place where the
violation occurs shall enforce the regulations adopted by the board under
subsection (1) of this section if an agreement has been entered into pursuant
to subsection (3) of this section. The board, for the purpose of enforcing its
regulations governing traffic control, may appoint peace officers who shall
have the same authority as other peace officers as defined in ORS 133.005.
     (6) Issuance of traffic citations to
enforce the regulations adopted by the board under subsection (1) of this
section shall conform to the requirements of ORS chapter 153. However, in
proceedings brought to enforce parking regulations, it shall be sufficient to
charge the defendant by an unsworn written notice in accordance with the
provisions of ORS 221.333.
     (7) Violation of any regulation adopted by
the board pursuant to subsection (1) of this section and enforced pursuant to
subsection (3) of this section is a misdemeanor. [1971 c.513 §5; 1973 c.836 §346;
1981 c.35 §1; 1993 c.221 §2; 1997 c.801 §151; 1999 c.1051 §133]
     341.305
Tax levy. Subject to the
Local Budget Law (ORS 294.305 to 294.565) and sections 11 and 11b, Article XI
of the Oregon Constitution, each community college district shall prepare
annually an estimate of the amount of funds necessary to carry out the purposes
of the district and may levy a tax upon all assessable property in the
district. [Formerly 341.900; 1993 c.45 §132; 1997 c.541 §382; 1999 c.59 §88]
     341.308
Authority to certify operating taxes. A community college district, upon approval of a majority of the
electors voting upon the question at the election held to approve formation of
a district, may certify operating taxes to the assessor under ORS 310.060 that
are within the districtÂ’s permanent rate limit established under ORS 341.095. [1969
c.673 §12; 1995 c.67 §13; 1997 c.541 §383]
     341.309
Establishment of interstate taxing authority. A community college district may enter into discussions with county
governments or other similar county-wide public organizations in bordering
states for the purpose of discussing the feasibility of establishing interstate
taxing authority for the district through an interstate agreement entered into
pursuant to ORS 190.410 to 190.440. Any such agreement shall be approved by the
Legislative Assembly prior to taking effect. [1997 c.521 §4]
     Note: 341.309 was enacted into law by the
Legislative Assembly but was not added to or made a part of ORS chapter 341 or
any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
     341.310 [Renumbered 332.810]
     341.311
Eminent domain. A board may
obtain by condemnation the title to any land it is authorized to acquire.
Condemnation proceedings instituted by the board shall be conducted in
accordance with and subject to the provisions of ORS chapter 35 except that the
relator therein shall be the board. [1971 c.513 §6]
     341.312
Self-insurance program. (1)
A board of education of a community college district may operate a
self-insurance program to provide its employees with health insurance benefits.
     (2) A board may operate a self-insurance
program under this section for liability covering all activities of the
community college district and for health insurance benefits for students
engaging in athletic contests or in traffic patrols, and may pay the necessary
premiums thereon.
     (3) Failure to operate a self-insurance
program shall in no case be construed as negligence or lack of diligence on the
part of the board or the members thereof. [1999 c.502 §3]
     341.315
Contract for educational services. Any school district, education service district, institution of higher
education, county, municipality or private organization may contract with a
community college district to provide services of an educational nature that
are subject to the approval of the State Board of Education. [Formerly 341.825;
1987 c.204 §1; 1995 c.67 §14]
     341.317
Educational services to inmates at correctional institutions; reimbursement. (1) Reimbursement from the Community College
Support Fund established in ORS 341.620 may be made available to community
colleges that deliver educational services to inmates confined to the state-operated
correctional facilities and to locally operated correctional facilities. Such
reimbursement shall be distributed as directed in ORS 341.626 and the rules of
the State Board of Education.
     (2) The State Board of Education shall
review and approve services to correctional institutions at least once
biennially.
     (3) The enrollment limitation, as provided
by ORS 341.022, does not apply to persons receiving services under this
section.
     (4) Reimbursement from the Community
College Support Fund established in ORS 341.620 may not be made available to
community colleges for delivering educational services to inmates confined in
federal prisons. Neither shall local property taxes be used to support such
services. A host community college shall support such services through a
contractual arrangement with the federal government. [1987 c.204 §3; 1989 c.256
§1; 1995 c.67 §15]
     341.319
Intellectual property. (1) A
board may acquire by gift or by purchase interests in intellectual property of
any kind, whether patentable or copyrightable or not, including patents,
copyrights, inventions, discoveries, processes and ideas. The board may also
agree to aid in the development of property acquired pursuant to this section
and to pay an assignor of any interest in intellectual property a share of any
moneys received on account of the boardÂ’s ownership or management of the
property.
     (2) A board may manage, develop or dispose
of by assignment, sale, lease, license or other action deemed advisable by the
board, property acquired under subsection (1) of this section, and may contract
with any person or agency, board, commission or department of this or any other
state or with the federal government regarding the management, development or
disposition thereof. The board may make gratuitous assignments of such property
to any trust or fund, the sole beneficiary of which is the district or any of
the institutions or activities under its control, subject to the share, if any,
agreed to be paid to the assignor. The board may reassign such property to the
inventor, author or discoverer.
     (3) A board may determine the terms and
conditions of any transaction authorized by this section and need not require
competitive bids in connection therewith. No formal publicity or advertising is
required regarding property for the development of which the board wishes to
contract, but the board shall make reasonable efforts to disseminate such
information in appropriate research and industrial circles.
     (4) Moneys received by the board as a result
of ownership or management of property acquired under this section or of
transactions regarding such property shall be credited to a special fund which
shall only be applied to payment of the agreed share, if any, to assignors, the
remainder, if any, may be used for general expenses of the college. [1971 c.513
§7]
     341.320 [Renumbered 332.820 and then 341.195 (1),
(2)]
     341.321
Reserve fund; establishment and termination procedures. Notwithstanding any other statutory
provisions, any board of education of a community college district by
resolution may establish a reserve fund by making transfers from the districtÂ’s
general fund. Transfers to the reserve fund shall be included in the district
budget prepared and published in accordance with ORS 294.305 to 294.565. If at
any time conditions arise which dispense with the necessity for further
transfers to or expenditures from a fund established pursuant to this section,
the district board shall so declare by resolution. The resolution shall order
the balance remaining in such fund to be transferred to the general fund of the
district and shall declare the reserve fund closed. [1975 c.770 §25; 1995 c.67 §16]
     341.325 [1971 c.513 §23; 1973 c.796 §53; repealed by
1983 c.83 §114]
(Nomination
and Election)
     341.326
Qualification. (1) At each
regular district election, board members shall be elected for a term of four
years to succeed the board members whose terms of office expire on June 30 of
that year.
     (2) A person shall be qualified to be a
candidate for election to the board if the person is an elector who resides in
the district. If the district is zoned and the position sought is one elected
or nominated by zone, the person also must reside in the zone from which the
person is nominated.
     (3) Members of a board shall be nominated
and elected at large or by zones according to a method described in ORS 341.327
and determined under ORS 341.025 or 341.331.
     (4) A board member must qualify for office
by taking an oath of office. [Formerly 341.333]
     341.327
Mode of election of board.
(1) The board members may be elected in one of the following methods or a
combination thereof:
     (a) Elected by electors of zones as nearly
equal in population as possible according to the latest federal census.
     (b) Elected at large by position number by
the electors of the district.
     (2) Candidates for election from zones
shall be nominated by electors of the zones. Candidates for election at large
may be nominated by electors of zones or by electors of the district, as
determined under subsection (3) of this section.
     (3) Where the method selected under
subsection (2) of this section includes a combination of nomination of
candidates from and by zones and of nomination of candidates at large, the
number of candidates to be nominated in each manner shall be specified in the
petition submitted under ORS 341.025 or under ORS 341.331. [Formerly 341.280]
     341.329 [Formerly 341.282; 1985 c.565 §60; repealed
by 1995 c.67 §42]
     341.330 [Renumbered 332.830]
     341.331
Change in method of nominating and electing board. (1) This section establishes the procedure
for determining whether the method adopted in a district for nominating and
electing board members should be changed to another method described in ORS
341.327. The question shall be decided by election. The district board shall
order an election on the question when a petition is filed as provided in this
section.
     (2) Except as otherwise provided in this
section, the requirements for preparing, circulating and filing a petition
under this section shall be as provided for an initiative petition in ORS
255.135 to 255.205.
     (3) If the question proposes creation of
zones or a change in the number of existing zones, the following requirements
shall apply:
     (a) The petition shall contain a map
indicating the proposed zone boundaries. The map shall be attached to the cover
sheet of the petition and shall not exceed 14 inches by 17 inches in size.
     (b) Notwithstanding ORS 250.035, the
statement summarizing the measure and its major effect in the ballot title
shall not exceed 150 words. The statement:
     (A) Shall specify the method of nomination
and election of board members from among the methods described in ORS 341.327.
The statement also shall specify whether, in filling each position on the board,
an elector of the district may sign a petition of nomination or vote for a
candidate from any zone or only for a candidate from the zone in which the
elector resides.
     (B) Shall include a general description of
the proposed boundaries of the zones, using streets and other generally
recognized features.
     (c) The order calling the election shall
contain a map and a metes and bounds or legal description of the proposed zone
boundaries. The map and description shall be prepared by the county surveyor or
county assessor and shall reflect any adjustment made in the boundaries under
subsection (6) of this section.
     (4) The map to be contained in the
petition under subsection (3) of this section shall be prepared by the county
surveyor or county assessor. The chief petitioners shall pay the county for the
cost of preparing the map, as determined by the county surveyor or county
assessor. The county clerk shall not accept the prospective petition for filing
until the chief petitioners have paid the amount due.
     (5) Subsection (3) of this section does
not apply if the question proposes abolition of all zones.
     (6) Before submitting to election a
question to which subsection (3) of this section applies, the district board
shall adjust the proposed boundaries of the zones to make them as nearly equal
in population as feasible according to the latest federal census. The district
board shall amend the ballot title as necessary to reflect its adjustment of
the boundaries.
     (7) If the electors of the district
approve the establishment of zones or a change in the number of existing zones,
board members shall continue to serve until their terms of office expire. As
vacancies occur, positions to be filled by nomination or election by zone shall
be filled by persons who reside within zones which are not represented on the
board. If more than one zone is not represented on the board when a vacancy
occurs, the zone entitled to elect a board member shall be decided by lot. [Formerly
341.165; 1995 c.79 §186; 1995 c.534 §15]
     341.333 [1971 c.513 §25; 1973 c.796 §54; 1977 c.149 §4;
1983 c.350 §202; renumbered 341.326]
     341.335
Vacancy; filling of vacancy; term of appointed member. (1) The board shall declare the office of a
board member vacant if it finds any of the following:
     (a) The incumbent has died or resigned.
     (b) The incumbent has been removed or
recalled from office or the election of the incumbent thereto has been declared
void by the judgment of a court.
     (c) The incumbent has ceased to be a
resident of the district from which the incumbent was nominated or elected.
     (d) The incumbent has ceased to discharge
the duties of office for two consecutive months unless prevented therefrom by
sickness or other unavoidable cause or unless excused by the chairperson of the
board.
     (2) A board member who is nominated or
elected by zone and who changes permanent residence from one zone of a district
to another zone or who by a change in zone boundaries no longer resides in the
zone of nomination or election is entitled to continue to serve as board member
until June 30 following the next regular district election at which a successor
shall be elected by the electors to serve for the remainder of the unexpired
term, if any. The successor shall take office July 1 next following the election.
     (3) When a vacancy is declared under
subsection (1) of this section, the remaining board members shall meet and
appoint a person to fill the vacancy from any of the electors of the district
if the position is one filled by both nomination and election at-large, and
otherwise from any of the electors of the zone from which the vacancy occurs.
     (4) If the offices of a majority of the
board members are vacant at the same time, the governing body of the principal
county shall appoint persons to fill the vacancies from any of the electors of
the district if the positions are filled by both nomination and election
at-large, and otherwise from any of the electors of the zone from which the
vacancy occurs.
     (5) The period of service of a board
member appointed under subsection (3) or (4) of this section commences upon
appointment and expires June 30 next following the next regular district
election at which a successor is elected. The successor shall be elected to
serve the remainder, if any, of the term for which the appointment was made. If
the term for which the appointment was made expires June 30 after the election
of the successor, the successor shall be elected to a full term. In either
case, the successor shall take office on July 1. [1971 c.513 §27; 1975 c.647 §31;
1977 c.149 §5; 1983 c.350 §203; 2003 c.576 §436]
     341.339
Position numbers required for at-large positions. (1) The positions of board members elected
at-large, and their respective successors in office, shall be designated by
numbers as Position No. 1, Position No. 2, and so on.
     (2) This section applies to any district
that elects any board member to an at-large position. [1971 c.513 §30; 1983
c.350 §204]
     341.340 [Renumbered 332.840 and then 341.215]
     341.341
Assigning position numbers.
Position numbers for board members elected at-large, and their respective
successors in office in the event of vacancies before the expiration of their
terms, in districts changing the method of election of any of the board members
shall be determined by drawing by the affected board members under the
supervision of the county clerk of the principal county. As soon as possible
after the drawing, the county clerk of the principal county shall furnish a
certified statement to each affected board member of the position number drawn
by the board member. A copy of the statement shall be filed with the county
clerk of the principal county and with the administrative office of the
district. [1971 c.513 §31]
     341.345 [1971 c.513 §32; repealed by 1983 c.350 §331a]
     341.347 [1971 c.513 §33; repealed by 1983 c.350 §331a]
     341.349 [1971 c.513 §34; repealed by 1983 c.350 §331a]
     341.351 [1971 c.513 §35; repealed by 1993 c.45 §134]
     341.355 [1971 c.513 §10; 1973 c.796 §55; repealed by
1983 c.350 §331a]
ELECTIONS
GENERALLY
     341.356
Election laws applicable.
(1) ORS chapter 255 governs the following:
     (a) The nomination and election of board
members.
     (b) The conduct of district elections.
     (2) The electors of a community college
district may exercise the powers of the initiative and referendum regarding a
district measure, in accordance with ORS 255.135 to 255.205.
     (3) ORS 249.865 to 249.877 govern the
recall of board members. [1983 c.350 §206]
     341.357
Publication of notices. (1)
Except as provided by ORS chapter 255 and ORS 294.421 (Local Budget Law),
notice of community college district organization and merger, community college
district budgets and community college district purchasing shall be given only
as provided in this section.
     (2) Whenever notice is required, the board
shall cause the notice to be published in one or more of the newspapers
published in the district and having a general circulation in the district. If
no newspaper is published in the district, the notice shall be published in
some newspaper designated by the board and having circulation throughout the
district. The notice shall be published in at least two issues of each
designated newspaper.
     (3) The board may also cause broadcasting
of any notice required to be published in the manner provided in ORS 193.310 to
193.360.
     (4) The board shall cause the time and
place of publishing each of the notices required by subsection (1) of this
section and the content of such notices to be recorded in the minutes of the
board. [1971 c.513 §11; 1973 c.796 §56; 1983 c.350 §207]
     341.359 [1971 c.513 §12; repealed by 1973 c.796 §79]
     341.361 [1971 c.513 §13; repealed by 1973 c.796 §79]
     341.363 [1971 c.513 §14; repealed by 1973 c.796 §79]
     341.365 [1971 c.513 §15; repealed by 1973 c.796 §79]
     341.367 [1971 c.513 §16; repealed by 1983 c.350 §331a]
     341.369
Special elections. The board
may call a special election upon questions as to the issuance of bonds, the
levy of taxes which may not be levied without the affirmative vote of the
people and any other questions which may be submitted to the electors of such
districts. [1971 c.513 §17; 1973 c.796 §57; 1983 c.350 §208]
     341.371
Board resolution required to submit question to electors. Any of the questions to be submitted to the
electors of any district must be submitted in the form of a resolution of its
board. The resolution shall specify the questions to be voted upon and the date
for holding any special election. The board may adopt any such resolution on
its own motion, and must adopt the resolution when petitioned by the requisite
number of electors of the district. [1971 c.513 §18; 1974 c.45 §7; 1983 c.350 §209]
     341.373 [1971 c.513 §19; repealed by 1979 c.190 §431]
     341.375 [1971 c.513 §20; repealed by 1983 c.350 §331a]
     341.377 [1971 c.513 §21; repealed by 1973 c.796 §79]
     341.379
Eligibility of electors following certain events. During the period following an election or
other action resulting in a boundary change in a district and prior to the date
the change becomes effective, the district or districts from which an area will
be separated as a result of the boundary change may hold elections for all
legal purposes but the electors registered in the area to be separated as a
result of the boundary change shall not be qualified to vote in any such election.
The election on any measure in such district or districts shall not affect or
encumber the area to be separated. [1971 c.513 §22; 1983 c.83 §77]
ESTABLISHMENT
AND OPERATION OF COMMUNITY COLLEGES
(Establishment)
     341.405
Establishment of community college. Upon approval of the State Board of Education, a community college may
be established by a community college district in which all the requirements
for formation of the district are met and for which adequate building space,
library and suitable laboratory or shop space for the courses to be offered are
available or will be available before classes begin. [Formerly 341.520; 1967
c.465 §4]
     341.415
Official name of college.
The official name of every community college shall include the words “community
college.” [1965 c.19 §1; 1971 c.513 §88]
     341.420
Procedure for name changes for district or college. (1)(a) Subject to the requirements of
subsection (2) of this section, the name of any community college district or
community college may be changed by resolution of the district board of
education. The district board shall submit the proposed name change to the
State Board of Education for its approval or disapproval. If the proposed name
change is approved by the state board, it shall be submitted to a public
hearing in the district. If the state board disapproves the proposed name
change, the district board may rescind its resolution or revise it to reflect a
different name which must be submitted to the state board for its approval or
disapproval.
     (b) If the proposed name is approved by
the state board, notice of the hearing shall be given as provided in ORS
341.357. The proposed change shall take effect 21 days after the final
adjournment of the public hearing unless a remonstrance is filed under
subsection (2) of this section.
     (2) If a remonstrance to the proposed name
change is filed with the district board within 20 days after the final
adjournment of the public hearing under subsection (1) of this section, the
district board must submit the question of the proposed name change to the
electors of the district unless the board rescinds its resolution. The
remonstrance must be signed by at least five percent or at least 50, whichever
is less, of the electors of the district. The proposed name change shall be
submitted to the electors at the regular school election next following
adoption of the resolution.
     (3) If the majority of votes cast at the
election favor the change, it shall take effect upon the canvass and return of
the vote. If the majority of votes cast oppose the change, it shall not take
effect. [1971 c.513 §94; 1991 c.397 §3]
(Programs and
Courses)
     341.425
Approval required to commence or change program and for transfer credits. (1) Before an educational program is
commenced at any community college, the board of education of a community
college district shall apply to the State Board of Education for permission to
commence the program. After the first year of the program, course additions,
deletions or changes must be presented to the State Board of Education or a
representative of the Department of Community Colleges and Workforce
Development authorized to act for the state board for approval.
     (2) Until the community college becomes
accredited by the Northwest Association of Schools and Colleges or its
successor, the community college shall contract with an accredited community
college for its instructional services, including curricula, to ensure its
courses carry accreditation and are acceptable for transfer.
     (3) After reviewing the contractual
agreement between the nonaccredited and the accredited colleges and after
suggesting any modifications in the proposed program of studies, the State
Board of Education shall approve or disapprove the application of a district. [Formerly
341.560; 1971 c.513 §89; 1991 c.757 §6; 1995 c.67 §17; 1997 c.270 §1; 1999
c.147 §§1,2]
     341.435 [Formerly 341.570; 1971 c.513 §90; repealed
by 1995 c.67 §42]
     341.437 [1971 c.513 §74c; 1983 c.121 §1; repealed by
1989 c.261 §4]
     341.440
Contracts with other districts, state department, university or private schools
for educational services.
(1) A community college district may contract with another community college
district, common or union high school district, education service district, the
Department of Higher Education, the Oregon Health and Science University, with
a private educational institution accredited by the Northwest Association of
Schools and Colleges or its successor or a career school as defined in ORS
345.010 to obtain educational services for students enrolled in the community
college of the district. However, the educational services so obtained must
meet the standards for educational services provided by the college and the
contract price to the college for such services must not exceed the costs which
would otherwise be incurred by the college to provide its students the same or
similar services.
     (2) Educational services for which a
district operating a community college may contract include services offered by
correspondence and services offered electronically or through
telecommunications if such services are accredited by a nationally recognized
accrediting association.
     (3) For purposes of ORS 341.626, costs
incurred under subsection (1) of this section shall be considered operating
expenses of the district if the contract is approved by the Commissioner for
Community College Services. [1969 c.673 §17; 1987 c.474 §6; 1995 c.67 §18; 1995
c.162 §68]
     341.445 [1965 c.236 §1; 1967 c.67 §11; 1987 c.474 §7;
repealed by 1995 c.67 §42]
     341.450
Two-plus-two programs and other related programs. Every community college district shall
encourage high school students to start early on a college education by
implementing two-plus-two programs and other related programs. Each community
college district shall make at least one such program available to each
interested school district that is within the boundaries of the community
college district. [1997 c.521 §2]
     341.455
Credit for private career school courses; transcripting fee. (1) A community college may give credit for
courses or programs taken in a career school. The courses or programs for which
credit may be given must meet the standards adopted by the State Board of
Education under ORS 345.325, must be taken at a career school domiciled in this
state and must be approved for credit by the Commissioner for Community College
Services.
     (2) A community college may charge a
transcripting fee to a student for courses taken at a career school and
accepted by the community college under subsection (1) of this section. Such a
fee is to be set by the board and is to be consistent with other student fees.
     (3) Time spent by students on such courses
shall not be considered as clock hours of instruction in determining full-time
equivalency for purposes of ORS 341.626. [1965 c.529 §9; 1975 c.478 §27; 1987
c.474 §8; 1995 c.67 §19; 1995 c.343 §32]
     341.460
Credit for traffic safety education course not permitted. A community college offering a traffic
safety education course under ORS 336.795 to 336.815 shall give no credit for
completion thereof and time spent by students on such courses shall not be
considered as clock hours of instruction in determining full-time equivalency
for purposes of ORS 341.626. [1969 c.623 §4; 1995 c.67 §20; 1999 c.328 §14]
     341.463
Courses in American Sign Language. If a board of education of a community college determines that
enrollment is sufficient to make an American Sign Language class economically
viable and if qualified instructors are available, the board may offer to
students courses for credit in American Sign Language. Such courses shall
satisfy any second language elective requirement. [1995 c.687 §2]
     Note: 341.463 was enacted into law by the
Legislative Assembly but was not added to or made a part of ORS chapter 341 or
any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
     341.465
Certificates and associate degrees. The board of a district operating a community college, upon approval
of the State Board of Education, may award certificates and associate degrees
indicating satisfactory completion of a course of study offered by the
community college. [Formerly 341.580]
(Students)
     341.475
Student loan fund. A
community college district may establish a student loan fund and apply to and
receive from the federal government such grants or loans as may be available
for such loans. [Formerly 341.815]
     341.485
Scholarships. (1) In
addition to any other scholarships provided by law, the board may award tuition
and fee-exempting scholarships in the college to students applying for
enrollment or who are enrolled in the college.
     (2) Scholarships shall be awarded on the
basis of the studentÂ’s:
     (a) Demonstrated ability to profit from
either professional technical or college transfer courses; and
     (b) Need for financial assistance.
     (3) In addition to the qualifications
specified in subsection (2) of this section, the board awarding the scholarship
may prescribe qualifications that are of such nature that scholarships awarded
under this section will benefit both the student and the people of this state. [1965
c.148 §1; 1971 c.513 §91; 1993 c.45 §136]
     341.495 [1965 c.262 §2; repealed by 1993 c.45 §137]
     341.505
Admission of students. (1) A
district shall admit high school graduates who are residents of
     (2) Districts may also admit persons who
are not residents of the district or of the state, including persons who are
not citizens of the
     (3) Upon application of a qualified high
school student residing in this state and upon agreement between the district
and the school district in which the student resides, the student may be
admitted to the community college.
     (4) Any district may contract with another
district to admit students of either college to the college of the other. [1965
c.262 §3; 1993 c.45 §138; 1995 c.67 §21]
     341.510 [1959 c.641 §1; 1961 c.602 §1; 1963 c.483 §9;
1965 c.100 §301; renumbered 341.005]
     341.515 [1965 c.262 §§4,9; repealed by 1971 c.513 §100]
     341.520 [1959 c.641 §2; 1961 c.602 §2; 1965 c.100 §328;
renumbered 341.405]
     341.525
Contracts for reimbursement between college districts; effect of high school
studentÂ’s enrollment on school funding. (1) In the event of an agreement between two colleges to admit each
otherÂ’s students, if the student seeking admission to the community college
resides within that collegeÂ’s district, no additional reimbursement shall be
required from any college district. However, if the student does not reside
within the district, a contract of reimbursement may be entered into between
the district and any other district. The contract shall provide for
reimbursement to the district for each student in an amount not to exceed the
difference between the per student operating expense of the district and the
amounts obtained from the student for tuition and fees and obtained from state
and federal aid.
     (2) By agreement of the contracting
districts, the contracts for reimbursement referred to in subsection (1) of
this section may provide that payments to the district be based on expenses of
the district other than operating expenses. Such payments shall be in addition
to the reimbursable amounts referred to in subsection (1) of this section.
     (3) If a high school student enrolls in a
planned program agreed upon by the school district and the community college
during regular school hours, the community college may include the high school
student in determining the number of full-time equivalent students for the
purposes of ORS 341.626 and other laws governing the distribution of state and
federal funds to such colleges. However, the school district in which the high
school student resides is not obligated to make any adjustment in its report
under ORS 327.133. [1965 c.262 §§5,6; 1995 c.67 §22]
     341.527
Admission of nonresident students at resident tuition rate under certain
conditions; exchange procedures; rules. (1) Community colleges in
     (a) The state in which the student resides
agrees to pay and pays its per capita state aid for comparable students in the
state to the community college;
     (b) The state in which the students reside
agrees to permit and permits one-for-one full-time enrollment exchange
arrangements that allow an equal number of Oregon residents to be admitted to
community colleges or comparable institutions in the state at the same tuition
rate assessed against residents of the state and community colleges or
comparable institutions in the state in which the students reside agree to
admit and admit approved Oregon residents without assessing nonresident
tuition; or
     (c) The board of the community college
determines out-of-state residents are essential to providing the critical mass
to offer programs that would otherwise be unavailable to
     (2) The Department of Community Colleges
and Workforce Development shall enter into agreements with such other states as
are willing to agree to the provisions of this section to establish
reimbursement procedures or one-for-one exchange procedures.
     (3) In cases described in subsection
(1)(a) of this section, the Department of Community Colleges and Workforce
Development shall pay from funds available therefor to the state that agrees to
pay and does pay its per capita state aid to eligible Oregon community colleges
to the credit of the community college or comparable institution educating the
Oregon resident an amount equal to the amount that would be available under ORS
341.626 if the Oregon resident were enrolled in a community college in this
state. From these same funds, the Department of Community Colleges and
Workforce Development shall pay to the
     (4) If a state that has entered into the
agreement to pay the per capita state aid to eligible
     (5) The State Board of Education shall
adopt rules governing attendance in community colleges or comparable
institutions in other states for purposes of the reimbursement authorized under
subsections (1) and (2) of this section to assure that
     341.528
Residency for purpose of distribution of state aid. (1) The provisions of ORS 341.527 shall not
apply to admissions arranged under ORS 351.647.
     (2) For purposes of ORS 341.626, and
notwithstanding ORS 341.527, students who are residents of
     341.529
Admission of members of Armed Forces, spouses and dependent children; fee and
tuition rate. (1) As used in
this section:
     (a) “Active member of the Armed Forces of
the
     (A) Reside in this state while assigned to
duty at any base, station, shore establishment or other facility in this state;
     (B) Reside in this state while serving as
members of the crew of a ship that has an
     (C) Reside in another state or a foreign
country and establish
     (b) “Armed Forces of the
     (A) The Army, Navy, Air Force, Marine
Corps and Coast Guard of the
     (B) Reserve components of the Army, Navy,
Air Force, Marine Corps and Coast Guard of the
     (C) The National Guard of the
     (c) “Dependent children” includes any
children of an active member of the Armed Forces of the
     (A) Are under 18 years of age and not
married, otherwise emancipated or self-supporting; or
     (B) Are under 23 years of age, unmarried,
enrolled in a full-time course of study in an institution of higher learning
and dependent on the member for over one-half of their support.
     (2) Community colleges in
     341.530 [1959 c.641 §3; 1961 c.602 §3; 1963 c.483 §10;
repealed by 1965 c.100 §456]
     341.531
Rights of student in military ordered to active duty; rules. (1) A student at a community college who is
a member of the military and who is ordered to federal or state active duty for
more than 30 consecutive days has the following rights:
     (a) With regard to a course in which the
student is enrolled and for which the student has paid tuition and fees, the
right to:
     (A) Withdraw from the course, subject to
the provisions of subsection (2) of this section;
     (B) Receive a grade of incomplete and,
upon release from active duty, complete the course in accordance with the
community collegeÂ’s practice for completion of incomplete courses; or
     (C) Continue and complete the course for
full credit, subject to the provisions of subsection (3) of this section;
     (b) The right to a credit described in ORS
341.532 for all amounts paid for room, board, tuition and fees;
     (c) If the student elects to withdraw from
the community college, the right to be readmitted and reenrolled at the
community college within one year after release from active duty without a
requirement of redetermination of admission eligibility; and
     (d) The right to continuation of
scholarships and grants awarded to the student that were funded by the
community college or the Oregon Student Assistance Commission before the
student was ordered to active duty.
     (2) If the student elects to withdraw from
a course under subsection (1)(a)(A) of this section, the community college may
not:
     (a) Give the student academic credit for
the course from which the student withdraws;
     (b) Give the student a failing grade or a
grade of incomplete or make any other negative annotation on the studentÂ’s
record; or
     (c) Alter the student’s grade point
average due to the studentÂ’s withdrawal from the course.
     (3) A student who elects to continue and
complete a course for full credit under subsection (1)(a)(C) of this section is
subject to the following conditions:
     (a) Course sessions the student misses due
to active duty shall be counted as excused absences and may not adversely
impact the studentÂ’s grade for the course or rank in the studentÂ’s class.
     (b) The student may not be automatically
excused from completing course assignments due during the period the student
serves on active duty.
     (c) A letter grade or a grade of pass may
be awarded only if, in the opinion of the teacher of the course, the student
completes sufficient work and demonstrates sufficient progress toward meeting
course requirements to justify the grade.
     (4) Boards of education of community
college districts shall adopt rules for the administration of this section.
     (5) As used in this section, “member of
the military” means a person who is a member of:
     (a) The Oregon National Guard or the
National Guard of any other state or territory; or
     (b) The reserves of the Army, Navy, Air
Force, Marine Corps or Coast Guard of the
     341.532
Credit for room, board, tuition and fees for student ordered to active duty;
rules. (1)(a) The amount of
the credit specified in ORS 341.531 (1)(b) shall be based on:
     (A) The amount of room and board paid by
the student for a term that the student does not complete because the student
is ordered to active duty; and
     (B) The amount of tuition and fees paid by
the student for a course from which the student withdraws.
     (b) The amount of the credit shall be
prorated based on the number of weeks remaining in the term or course when the
student withdraws.
     (c) At the time a student withdraws from a
course at a community college or from the community college, the student must
elect to claim the credit:
     (A) As a credit toward tuition and fees or
room and board if the student reenrolls at the community college under ORS
341.531 (1)(c); or
     (B) As a monetary payment.
     (2) A student who elects to claim the
credit by the method described in subsection (1)(c)(A) of this section may
change the method of claiming the credit to the method described in subsection
(1)(c)(B) of this section by giving notice to the community college from which
the student withdraws.
     (3) A student who elects to claim the
credit by the method described in subsection (1)(c)(A) of this section must use
the credit or change the method of claiming the credit under subsection (2) of
this section within one year after release from active duty.
     (4) A personal representative of a student
who elected to claim the credit by the method described in subsection (1)(c)(A)
of this section may claim a monetary payment upon presenting evidence to the
community college that the student died while serving on active duty.
     (5) Boards of education of community
college districts shall adopt rules for the administration of this section,
including rules that determine the amount of credit and the method by which the
credit is prorated. [2005 c.170 §3]
     341.533
Credit for education and training received in Armed Forces. A community college may give credit for
education and training obtained by a person while serving in the Armed Forces
of the
(Employees)
     341.535
Qualifications of faculty; appraisal. (1) Community college faculty shall not be required to have teaching
licenses.
     (2) Notwithstanding ORS 342.173, community
college faculty who provide instruction in cooperation with a school district
for academic professional technical, school-to-work or other work-related
programs under ORS chapter 329 shall not be required to have teaching licenses.
If the faculty member is not a regular full-time employee of the community
college, the school district shall follow the instructor appraisal committee
procedures adopted by the Teacher Standards and Practices Commission.
     (3) Until a community college becomes
accredited by the Northwest Association of Schools and Colleges or its
successor, the board shall obtain the approval of the accredited community
college with which it contracts for curriculum and instructional services
before employing any person to teach transfer courses. [Formerly 341.600; 1971
c.513 §92; 1983 c.187 §2; 1995 c.67 §24]
     341.540 [1959 c.641 §4; 1961 c.602 §4; 1965 c.100 §329;
repealed by 1965 c.198 §2]
     341.541
Affirmative action plans, goals when faculty, staff reductions required. Each community college shall consider and
maintain affirmative action plans and goals when reductions in faculty and
staff are required as a result of:
     (1) Reductions in revenue that necessitate
discontinuance of its educational program at its anticipated level;
     (2) Elimination of classes due to
decreased student enrollment; or
     (3) Reduction in courses due to administrative
decisions. [1981 c.814 §3]
     341.545 [1967 c.433 §6; repealed by 1971 c.513 §100]
     341.547
Notice of reasonable assurance of continued employment; effect of failure to
give notice. (1) Each
community college board shall give an individual, written notice of reasonable
assurance of continued employment to all employees who are to perform services
in the same or a similar capacity during a subsequent academic year or term or
in the period immediately following a recess period. Such notice shall be given
by May 30 of each year for employees employed as of that date and as of the
date of hire for employees employed subsequent to May 30.
     (2) No liability shall accrue from failure
to give the notice required by subsection (1) of this section or from the
timing or contents thereof on the part of the community college board. However,
the State Board of Education shall enforce the provisions of subsection (1) of
this section.
     (3) Faculty members on annual or
indefinite tenure, classified staff members on regular status and management
service employees are considered to have been given notice for the purposes of
this section. [1985 c.585 §4; 1995 c.67 §25]
     341.550 [1959 c.641 §5; 1965 c.100 §330; repealed by
1965 c.198 §2]
     341.551
Optional retirement plan for administrative employees. (1) Notwithstanding any provision of ORS
chapter 238 or 238A, the Department of Community Colleges and Workforce
Development may establish and administer an optional retirement plan for
administrative employees of community college districts who are eligible for
membership in the Public Employees Retirement System. Any community college
district may participate in the plan by giving written notice to the
department.
     (2) An administrative employee may make an
election to participate in the optional retirement plan if the community
college district that employs the employee is participating in the plan. The
election must be made in the following manner:
     (a) An administrative employee who is an
active member of the Public Employees Retirement System may make an election to
participate in the plan within 180 days after the community college district
commences participation in the plan, effective on the first day of the month
following the election.
     (b) An administrative employee who is
hired after the community college district commences participation in the plan
may make an election to participate in the plan within the first six months of
employment, effective on the first day of the month following six full months
of employment.
     (3) An administrative employee who does
not elect to participate in the optional retirement plan remains or becomes a
member of the Public Employees Retirement System in accordance with ORS
chapters 238 and 238A.
     (4) An administrative employee may elect
to participate in the optional retirement plan only if at the time the election
becomes effective the employee is not concurrently employed in a position with
any participating public employer other than the community college district in
a position that entitles the employee to membership in the Public Employees
Retirement System. Except as provided in subsection (9) of this section,
employees who elect to participate in the optional retirement plan are
ineligible for active membership in the Public Employees Retirement System for
as long as those employees are employed by a community college district that
participates in the plan, whether by reason of employment by the district or
any other participating public employer.
     (5)(a) An administrative employee who
elects to participate in the optional retirement plan, who has creditable
service under ORS chapter 238 as defined by ORS 238.005 and who is not vested
shall be considered by the Public Employees Retirement Board to be a terminated
member under the provisions of ORS 238.095 as of the effective date of the
election, and the amount credited to the member account of the member shall be
transferred directly to the optional retirement plan by the Public Employees
Retirement Board in the manner provided by subsection (6) of this section.
     (b) An administrative employee who elects
to participate in the optional retirement plan, who has creditable service
under ORS chapter 238 as defined by ORS 238.005 and who is vested shall be
considered to be an inactive member by the Public Employees Retirement Board
and shall retain all the rights, privileges and options under ORS chapter 238
unless the employee makes a written request to the Public Employees Retirement
Board for a transfer of the amounts credited to the member account of the
member to the optional retirement plan. A request for a transfer must be made
at the time the member elects to participate in the optional retirement plan.
Upon receiving the request, the Public Employees Retirement Board shall transfer
all amounts credited to the member account of the member directly to the
optional retirement plan and shall terminate all rights, privileges and options
of the employee under ORS chapter 238.
     (c) An administrative employee who elects
to participate in the optional retirement plan and who is not a vested member
of the pension program of the Oregon Public Service Retirement Plan as
described in ORS 238A.115 on the date that the election becomes effective shall
be considered to be a terminated member of the pension program by the Public
Employees Retirement Board as of the effective date of the election.
     (d) An administrative employee who elects
to participate in the optional retirement plan and who is a vested member of
the pension program of the Oregon Public Service Retirement Plan as described
in ORS 238A.115 on the date that the election becomes effective shall be
considered an inactive member of the pension program by the Public Employees
Retirement Board as of the effective date of the election. An employee who is
subject to the provisions of this paragraph retains all the rights, privileges
and options of an inactive member of the pension program. If the actuarial
equivalent of the employeeÂ’s benefit under the pension program at the time that
the election becomes effective is $5,000 or less, the employee may make a
written request to the Public Employees Retirement Board for a transfer of the
employeeÂ’s interest under the pension program to the optional retirement plan.
The request must be made at the time the member elects to participate in the
optional retirement plan. Upon receiving the request, the Public Employees
Retirement Board shall transfer the amount determined to be the actuarial
equivalent of the employeeÂ’s benefit under the pension program directly to the
optional retirement plan and shall terminate the membership of the employee in
the pension program.
     (e) An administrative employee who elects
to participate in the optional retirement plan and who is a vested member of
the individual account program of the Oregon Public Service Retirement Plan as
described in ORS 238A.320 on the date that the election becomes effective shall
be considered an inactive member of the individual account program by the
Public Employees Retirement Board as of the effective date of the election. An
employee who is subject to the provisions of this paragraph retains all the
rights, privileges and options of an inactive member of the individual account
program. An administrative employee who elects to participate in the optional
retirement plan and who is a member of the individual account program of the
Oregon Public Service Retirement Plan may make a written request to the Public
Employees Retirement Board that all amounts in the memberÂ’s employee account,
rollover account and employer account, to the extent the member is vested in
those accounts under ORS 238A.320, be transferred to the optional retirement
plan. The request must be made at the time the member elects to participate in
the optional retirement plan. Upon receiving the request, the Public Employees
Retirement Board shall transfer the amounts directly to the optional retirement
plan and shall terminate the membership of the employee in the individual
account program.
     (f) Notwithstanding paragraphs (b), (d)
and (e) of this subsection, the Public Employees Retirement Board shall not
treat any employee as an inactive member under the provisions of this
subsection for the purpose of receiving any benefit under ORS chapter 238 or
238A that requires that the employee be separated from all service with
participating public employers and with employers who are treated as part of a
participating public employerÂ’s controlled group under the federal laws and
rules governing the status of the Public Employees Retirement System and the
Public Employees Retirement Fund as a qualified governmental retirement plan
and trust.
     (6) Any amounts transferred from the
Public Employees Retirement Fund under subsection (5) of this section shall be
transferred directly to the optional retirement plan by the Public Employees
Retirement Board and shall not be made available to the employee.
     (7) An employee participating in the
optional retirement plan shall contribute monthly an amount equal to the
percentage of the employeeÂ’s salary that the employee would otherwise have
contributed as an employee contribution to the Public Employees Retirement
System if the employee had not elected to participate in the optional
retirement plan.
     (8) A participating community college
district shall contribute monthly to the optional retirement plan the
percentage of salary for each employee participating in the plan that is equal
to the percentage of salary that is required to be made as the employer
contribution under ORS 238A.220, less any contributions made by reason of
unfunded liabilities. The district may make contributions under this subsection
only during periods of time in which the employee would be eligible for
membership in the Public Employees Retirement System if the employee had not elected
to participate in the optional retirement plan.
     (9) An administrative employee who elects
to participate in the optional retirement plan may make an election to withdraw
from the plan. An employee may make an election under this subsection only once.
Upon withdrawing from the plan:
     (a) All contributions made to the plan
before the effective date of the withdrawal remain credited to the employee;
     (b) The employee becomes a member of the
Public Employees Retirement System under ORS chapter 238A if the member meets
all requirements for membership under ORS chapter 238A; and
     (c) The employee is barred from ever again
electing to participate in the optional retirement plan.
     (10) For the purposes of this section, “administrative
employee” means a president, vice president or dean, or a person holding a
position that is the equivalent of a president, vice president or dean. [2005
c.728 §2]
     341.555 [1969 c.633 §3; repealed by 1993 c.45 §140]
     341.560 [1959 c.641 §24; 1961 c.602 §5; 1963 c.483 §11;
1965 c.100 §331; renumbered 341.425]
BOUNDARY
CHANGES
     341.565
State board as boundary board; petition, hearings; legislative approval
required; effective date of change; filing of change. (1) The State Board of Education shall
constitute the boundary board for making any changes in the boundaries of
community college districts. The state board on its own motion or on petition
from a petitioning territory may propose changes in the boundaries of a
community college district. The state board must find that the proposed change
will have no substantially adverse effect upon the ability of the affected
districts to provide and continue their programs and is not made solely for tax
advantages to property owners in the district or area affected by the proposed
change. The state board may submit the question of a boundary change to a vote
of the electors of the territories affected by the boundary change. The
election must be held on the same day in both of the affected territories.
     (2) A petition shall be in a form prescribed
by the state board and must contain such information as the state board may
require. The petition shall contain a minimum number of signatures as fixed by
the state board.
     (3) Before any order changing boundaries
of an existing district is entered, the state board shall set dates for a
public hearing in the area to be included in the district or excluded from the
district by the proposed boundary change and in the case of annexation of new
territory in the principal town of the existing district and shall give notice
in the manner required in ORS 341.357. At the time set in the notice, the state
board or its authorized representative shall conduct a public hearing on the
motion or petition and may adjourn the hearing from time to time.
     (4) If, upon final hearing, the state
board approves the motion or petition or affirms the vote of the electors of
the affected territories, the state board shall make an order describing the
revised boundaries of the district. The order becomes final when the order is
approved by the Legislative Assembly. If the order is not approved, the state
board may revise the order and resubmit the order to the Legislative Assembly
but not sooner than 60 days after the action of disapproval was taken.
     (5) Any division of assets and liabilities
required by a change in the boundaries of a district shall be made pursuant to
ORS 341.573.
     (6) When the boundaries of a district are
changed, if the final order of the state board or an election held under ORS
341.569:
     (a) Occurs between July 1 and March 31,
inclusive, the change takes effect on the June 30 following the final order or
election favoring the change.
     (b) Occurs between April 1 and June 30,
inclusive, the change takes effect on the June 30 of the following year.
     (7) For purposes of ad valorem taxation, a
boundary change must be filed in final approved form with the county assessor
and the Department of Revenue as provided in ORS 308.225. [1971 c.513 §83; 1977
c.827 §2; 1995 c.67 §26; 2001 c.138 §16; 2003 c.574 §3]
     341.569
When election on change required. (1) The State Board of Education shall submit the question of a
proposed boundary change to a vote if:
     (a) The state board enters the order to
revise the boundaries of a community college district;
     (b) A remonstrance is filed with the state
board within 20 days after the date on which the hearing under ORS 341.565 is
adjourned finally;
     (c) The remonstrance is signed by at least
five percent of the electors or at least 500 of the electors, whichever is
less, in:
     (A) An area to be included in the district
or excluded from the district by the proposed boundary change; or
     (B) The existing community college
district; and
     (d) The area to be included in the
district is not surrounded by the territory of a single community college
district.
     (2) When necessary under subsection (1) of
this section, the question shall be submitted to the electors of the area or
district filing a remonstrance or in both if remonstrances meeting the
requirements of subsection (1) of this section are filed from both.
     (3) If the proposed boundary change is
defeated, the same or a substantially similar change may not be considered
until at least 12 months have elapsed from the date of the election at which
the change was defeated. If the vote is favorable in the area or district from
which a remonstrance was filed, the state board shall declare the change
effective on the date determined under ORS 341.565. [1971 c.513 §84; 1983 c.350
§210; 1983 c.740 §107; 2003 c.574 §4]
     341.570 [1959 c.641 §25; 1961 c.602 §6; 1965 c.100 §332;
renumbered 341.435]
     341.573
Division of assets and liabilities. (1) When changes in district boundaries are made by the detachment of
territory or an annexation of territory and another community college district
is affected, the boards of the districts shall make an equitable division of
the then existing assets and liabilities between the districts affected by such
change and provide the manner of consummating the division.
     (2) In case of failure to agree within 20
days from the time of such change, the matter shall be decided by a board of
arbitrators. The board of arbitrators shall consist of one member appointed by
each of the boards of the affected districts and an additional member appointed
by the other appointees.
     (3) In the event any such board fails to
appoint an arbitrator within 30 days, the State Board of Education shall
appoint such arbitrator. In the event the arbitrators selected fail to appoint
the additional arbitrator within 30 days after the appointment of the
arbitrator last appointed, the State Board of Education shall notify the judge
senior in service of the circuit court of the principal county. Within 10 days
after receiving such notice, the judge shall appoint one additional arbitrator.
     (4) Each member of the board of
arbitrators shall be entitled to the sum of $100 per day for each dayÂ’s
service, and necessary expenses, while serving in the official capacity of the
member. Expenses thus incurred shall be equally apportioned among the districts
concerned.
     (5) A party to an arbitration under this
section may seek confirmation, vacation, modification or correction of the
arbitratorÂ’s decision as provided in ORS 36.700, 36.705 and 36.710. A court may
vacate an award only if there is a basis to vacate the award described in ORS
36.705 (1)(a) to (d). The court may modify or correct an award only for the
grounds given in ORS 36.710.
     (6) Assets include all property and moneys
belonging to the district at the time of division. Liabilities include all debts
for which the respective districts in their corporate capacities are liable at
the time of division. In determining the assets, property shall be estimated at
its fair value. The assets and liabilities shall be divided between the
districts in proportion to the last assessed value of the real and personal
property. The district retaining the real property shall pay the other
districts concerned such sums as are determined in accordance with the
provisions of this section. All funds to be apportioned during the current
fiscal year, after such division, shall be made in proportion to the number of
persons in each district according to the latest federal census. [1971 c.513 §85;
1979 c.772 §22; 2003 c.598 §40]
     341.575
Liability of annexed or merged territory. When territory is annexed to or merged with a community college
district, the new territory shall become liable for its share of the existing
debt of the community college district. [1971 c.513 §95]
     341.577
Procedure when district annexes new territory that is greater in population
than original district. (1)
Notwithstanding any other provision of this chapter, when the new territory
annexed to an existing community college district is greater in population than
the original territory, based upon the latest federal census, the provisions of
this section shall govern the community college district for a period of not
less than 10 years after the effective date of the boundary change.
     (2) Program access and facilities for
students shall be maintained in the original territory for a period of not less
than 20 years while programs and facilities for students are developed in the
new territory.
     (3)(a) After the approval by the electors
of both the original territory and the new territory of the boundary change,
the mode of election of board members shall be changed as provided in this
subsection. The term of office of a board member shall be four years. Electors
of each of the seven zones shall elect a board member.
     (b) No later than the 90th day after the boundary
change election under ORS 341.579 (1), five zones for the new territory shall
be established by the State Board of Education.
     (c) No later than June 30, two zones for
the original territory shall be established by the State Board of Education before
the election of the first director to either zone as provided in this
subsection.
     (d) Zones shall be established with the
boundaries exclusively within the original territory or exclusively within the
new territory, and with the zones as nearly equal in population as is feasible
according to the latest federal census.
     (e) An elector may sign a petition of
nomination and may vote only for a candidate from the zone in which the elector
resides.
     (f) The four-year terms of office
pertaining to the five numbered zones of the original territory shall continue
until the regularly scheduled June 30 termination date of each expires. A board
member shall be nominated and elected in the same numbered zone in the new
territory at the regular district election immediately preceding the June 30
date, and the director from that zone shall take office on the July 1 following
the date of election.
     (g) Board members nominated and elected to
office by zone in the original territory, and any person elected or appointed to
fill any vacancy in such office, shall continue to hold office until the
expiration of the board memberÂ’s term.
     (h)(A) The two at-large board positions in
the original territory shall become the two zoned positions of the original
territory after that June 30 on which the last zone of the original territory
no longer is in effect.
     (B) At that time, the directors in office
in the two at-large board positions in the original territory shall each be
assigned that zone in which each resides, if both reside in separate zones.
     (C) If the two directors reside in the
same zone, then that director elected by the greater number of votes between
the two directors at large shall hold the board position for the territory of
the zone in which the director resided at the date of election, and the other
director shall hold the board position of the other zone.
     (D) Such board members shall continue in
office until their respective terms of at-large election expire, provided any
vacancy occurring in a board memberÂ’s office before the expiration of such term
shall be filled until expiration by appointment by the board of a resident of
the board memberÂ’s zone.
     (4) The board shall appoint an advisory
committee of seven members, including three from the original territory and
three from the new territory. The board shall appoint a seventh, at-large
member from a list of persons nominated by the advisory committee. The at-large
member shall be the chairperson. The advisory committee members shall be
appointed, and may be reappointed, for terms of three years, and the terms
shall be staggered so that approximately one-third of the terms of the members
end each year. The board shall give deliberative consideration to all
recommendations of the advisory committee concerning policy related to district
organization, educational services and facilities in regard to both the
original territory and the new territory.
     (5) Subject to ORS 294.336, members of the
advisory committee shall be appointed to the community college district budget
committee. The community college district budget committee shall review and
recommend budgets established and delineated by territory based on revenues and
resources available.
     (6) The chief administrative officer of
the district shall maintain the administrative office of the district in the
original territory.
     (7) Collective bargaining shall be
maintained uniformly across the original territory and new territory.
     (8) After receiving any recommendation of
the advisory committee, the board may continue one or more of the provisions of
subsections (1) and (3) to (7) of this section in effect for an indefinite
period after the expiration of the 10-year period referred to in subsection (1)
of this section.
     (9) The original territory shall remain
liable for the existing debt of the community college district payable from ad
valorem property taxes levied specifically for the payment of such
indebtedness. [1995 c.357 §2]
     341.579
Vote on proposed boundary change subject to ORS 341.577; state boardÂ’s order. (1) The State Board of Education shall
submit the question of any boundary change pertaining to a community college
district subject to ORS 341.577 to a vote of the electors held the same day in
both the original territory and the new territory.
     (2) If the proposed boundary change is
defeated in either territory, the same or a substantially similar change shall
not be considered until at least 12 months have elapsed from the date of the
election at which the proposed change was defeated. If the vote is favorable in
both the original territory and the new territory, and subject to determination
by the state board that there is a legislative appropriation to the Community
College Support Fund established in ORS 341.620 to support the new district
resulting from the boundary change at a level commensurate with support for
other community college districts, then the state board shall declare the
change effective on the date determined under ORS 341.565. Implementation of
the state boardÂ’s order shall take place only if the funds needed to
accommodate the impact of annexation on other local education districts are
appropriated specifically for that purpose by the Legislative Assembly or
allocated by the Emergency Board. [1995 c.357 §3]
     341.580 [1959 c.641 §29; 1963 c.483 §12; 1965 c.100 §333;
renumbered 341.465]
     341.590 [1959 c.641 §30; 1961 c.602 §7; repealed by
1965 c.100 §456]
     341.600 [1959 c.641 §§26, 27; 1961 c.602 §8; 1963
c.483 §13; 1965 c.100 §336; renumbered 341.535]
EXPANSION OF
COMMUNITY COLLEGE DISTRICTS
     341.601
“District” defined. As used
in ORS 341.604 to 341.618, “district” means the:
     (1) Blue Mountain Community College
District, a political subdivision and municipal corporation of the state
organized pursuant to this chapter; and
     (2) Rogue Community College District, a
political subdivision and municipal corporation of the state organized pursuant
to this chapter. [1995 c.357 §4; 1999 c.1027 §5]
     341.604
Classification and designation of service areas. (1) If expansion of a district is approved
by the voters, the Legislative Assembly shall:
     (a) For the Rogue Community College
District, initially classify and designate two service areas within the
district. The first service area shall be coterminous with the boundaries of
     (b) For the Blue Mountain Community
College District, classify and designate service areas within the district. The
boundaries of the service areas shall be coterminous with the boundaries of the
counties within the district.
     (2) Thereafter, the district board by
resolution may designate as additional service areas any territory or territories
within the district that are benefited by the acquisition, construction and
installation of community college facilities. Each additional service area
designated by the district board shall be located entirely within the territory
of a service area designated in subsection (1) of this section. In no event
shall the district board designate as a service area any portion of the
district incorporating territory located within two or more service areas
designated in subsection (1) of this section.
     (3) The district board may not amend the
boundaries of the service areas designated in subsection (1) of this section.
The district board may by resolution amend the boundaries of any additional
service area designated pursuant to subsection (2) of this section to conform
to changes in the community college services provided by the district. However,
the boundaries of a service area may not be amended if bonded indebtedness
issued pursuant to ORS 341.611 or any other indebtedness for the benefit of
such service area is then outstanding. [1995 c.357 §5; 1999 c.1027 §6; 2003
c.574 §5]
     341.605 [1965 c.100 §337; repealed by 1971 c.513 §100]
     341.608
Service area financing; bonded indebtedness. (1) Subject to restrictions in the Oregon Constitution and subsection
(2) of this section, any of the methods of financing authorized under this
chapter or any other provision of law that is available to community college
districts organized pursuant to this chapter may, in the discretion of the
district board, be implemented from time to time in a specific service area, or
in one or more specific service areas simultaneously.
     (2) If expansion of the district is
approved by the voters, no bonded indebtedness or other indebtedness may be
incurred for the general benefit of the district as a whole. Any bonded
indebtedness designated to be for the benefit of service areas constituting
substantially all of the territory within the boundaries of the service areas
created or designated in ORS 341.604 shall be deemed to be incurred for the
general benefit of the district as a whole, and shall be outside the authority
conferred by this section. In place of such authority the district may incur
bonded indebtedness or other indebtedness for the benefit of a specific service
area upon satisfaction of the conditions set forth in ORS 341.611 and 341.613. [1995
c.357 §6]
     341.610 [1959 c.641 §33; 1961 c.602 §9; 1963 c.483 §14;
1965 c.100 §340; 1965 c.262 §8; 1965 c.487 §3; renumbered 341.625]
     341.611
Election on bonded indebtedness. An election shall be held to determine if a district may contract a
bonded indebtedness for the benefit of a specific service area. Only the
district voters residing in the territory of the affected service area shall be
entitled to vote at such election. The district board may order the election on
its own motion, or shall order the election if a petition is filed as provided
in ORS 341.678 on behalf of the voters of such service area. The election shall
be held in accordance with the provisions of ORS 341.356 to 341.379. [1995
c.357 §7]
     341.613
Bonded indebtedness restrictions. (1) Following authorization from the voters of a service area, the
district board may contract a bonded indebtedness to be paid by a tax levy on
the taxable property within such service area for any one or more of the
purposes set forth in ORS 341.675. Any land acquired, college building or
buildings or any additions thereto, and any real or personal property to be
paid for with the proceeds of such bonded indebtedness must be located within
the boundaries of such service area.
     (2) The aggregate amount of bonded
indebtedness incurred for the benefit of a service area, when added to the
aggregate amount of other bonded indebtedness payable from ad valorem property
taxes levied within such service area, shall not exceed one and one-half
percent of the real market value of all taxable property within such service
area, computed in accordance with ORS 308.207. [1995 c.357 §8]
     341.615 [1965 c.100 §338; repealed by 1971 c.513 §100]
     341.616
Levy of direct ad valorem tax to pay bonds. (1) The district board shall ascertain and levy annually, in addition
to all other taxes, a direct ad valorem tax on all the taxable property within
the territory of a service area sufficient to pay promptly, when and as such
payments become due, the maturing interest and principal of all bonds
outstanding for the specific benefit of such service area that have been
approved at an election held pursuant to ORS 341.678 within such service area.
The amount of the tax may be increased by an amount sufficient to retire any
bonds that may be callable.
     (2) Funds derived from a tax levy within a
service area specifically for the purpose of paying bonded indebtedness shall
be applied solely to the payment of the bonds for which such taxes were levied
and shall not be applied to the payment of any other indebtedness of the
district.
     (3) Bonds authorized pursuant to the terms
of this section, and any bonds refunding such bonds, shall be issued as
prescribed in ORS chapter 287A. [1995 c.357 §9; 2007 c.783 §134]
     341.618
Application of ORS 341.675 to 341.715 to bonds. Except to the extent that they are
inconsistent with the provisions of ORS 341.604 to 341.618 or rules adopted
thereunder, the provisions of ORS 341.675 to 341.715 shall apply to bonds
authorized pursuant to ORS 341.604 to 341.618 and to taxes levied to pay such
bonds. [1995 c.357 §10]
     341.619
New territory in
     (2) Notwithstanding ORS 341.575, when
territory within
     Note: Section 4, chapter 1027, Oregon Laws 1999,
provides:
     Sec.
4. Provisions governing annexation of new territory into Blue Mountain
Community College District.
(1) Notwithstanding any other provision of this chapter [ORS chapter 341], if
new territory is annexed to the existing Blue Mountain Community College
District prior to July 1, 2001, the provisions of this section shall govern the
Blue Mountain Community College District for a period of not less than 10 years
after the effective date of the boundary change.
     (2) Program access and facilities for
students shall be maintained in the original territory for a period of not less
than 20 years while programs and facilities for students are developed in the
new territory.
     (3)(a) After approval of the boundary
change by the Emergency Board or by the electors of both the original territory
and the new territory, the mode of election of board members shall be changed
as provided in this subsection.
     (b) No later than the 90th day after the
boundary change is approved, seven zones for the new and existing territory
shall be established by the State Board of Education.
     (c) Zones shall be established with the
boundaries exclusively within the original territory or exclusively within the
new territory, and with the zones as nearly equal in population as is feasible
according to the latest federal census.
     (d) An elector may sign a petition of
nomination and may vote only for a candidate from the zone in which the elector
resides.
     (e) Board members nominated and elected to
office in the original territory, and any person elected or appointed to fill
any vacancy in such office, shall continue to hold office until the expiration
of the board memberÂ’s term. As vacancies occur, positions to be filled by
nomination or election by zone shall be filled by persons who reside within
zones in the new territory that are not represented on the board. If more than
one zone is not represented on the board when a vacancy occurs, the zone
entitled to elect a board member shall be decided by lot.
     (f) A board member shall be nominated and
elected in the same numbered zone at the regular district election immediately
preceding the June 30 termination date, and the director from that zone shall
take office on the July 1 following the date of election. The term of office of
a board member shall be four years. Electors of each of the seven zones shall
elect a board member.
     (4) The board shall appoint an advisory
committee that includes one member from each county in the community college
district. The board shall appoint an additional, at-large member from a list of
persons nominated by the advisory committee. The at-large member shall be the
chairperson of the advisory committee. The advisory committee members shall be
appointed, and may be reappointed, for terms of three years, and the terms
shall be staggered so that approximately one-third of the terms of the members
end each year. The board shall give deliberative consideration to all
recommendations of the advisory committee concerning policy related to district
organization, educational services and facilities in regard to both the
original territory and the new territory.
     (5) Subject to ORS 294.336, members of the
advisory committee shall be appointed to the community college district budget
committee. The community college district budget committee shall review and
recommend budgets established and delineated by territory based on revenues and
resources available.
     (6) The chief administrative officer of
the district shall maintain the administrative office of the district in the
original territory.
     (7) Collective bargaining shall be
maintained uniformly across the original territory and new territory.
     (8) After receiving any recommendation of
the advisory committee, the board may continue one or more of the provisions of
subsections (1) and (3) to (7) of this section in effect for an indefinite
period after the expiration of the 10-year period referred to in subsection (1)
of this section.
     (9) The original territory shall remain
liable for the existing debt of the community college district payable from ad
valorem property taxes levied specifically for the payment of such
indebtedness. [1999 c.1027 §4]
AID FOR
OPERATION
     341.620
Community College Support Fund.
There is established a Community College Support Fund in the General Fund. [Derived
from 1991 c.162 §1; 1995 c.67 §27]
     341.625 [Formerly 341.610; 1967 c.433 §1; 1969 c.544
§3; 1971 c.310 §4; 1973 c.27 §1; 1975 c.128 §1; 1977 c.702 §1; 1979 c.417 §1;
repealed by 1987 c.152 §1 and 1987 c.474 §9 (341.626 enacted in lieu of
341.625)]
     341.626
Distribution of state aid; rules. (1) Subject to rules adopted by the State Board of Education and to
ORS 291.232 to 291.260, the Commissioner for Community College Services shall
distribute state aid to each community college district and community college
service district.
     (2) The rules adopted by the State Board
of Education shall provide:
     (a) No state aid for hobby and recreation
classes;
     (b) Procedures for proper and accurate
record keeping;
     (c) Procedures that will insure reasonable
year to year stability in the delivery of appropriated moneys to the colleges;
and
     (d) Procedures to insure that the full
state appropriation is delivered to the colleges.
     (3) Upon compliance with the rules adopted
by the State Board of Education, the commissioner shall, as soon as practicable
following the receipt of required reports from the districts, prepare, certify
and transmit to the Oregon Department of Administrative Services the names and
the amounts due each district. The Oregon Department of Administrative Services
shall audit the amounts certified by the commissioner and draw its warrants on
the State Treasury payable out of the General Fund to the districts. [1987
c.474 §10 (enacted in lieu of 341.625)]
     341.630 [1971 c.310 §8; 1973 c.18 §1; 1977 c.702 §3;
1985 c.381 §4; repealed by 1987 c.152 §4 and c.474 §13]
     341.635
Effect on state aid of scholarships and of certain admissions. (1) In determining the amount of
apportionment to the community college from the General Fund under ORS 341.626,
tuition and fees allowed for scholarships authorized by ORS 341.485 shall be
considered as paid by the student.
     (2) The district shall include the high
school student attending the community college in determining the number of
equivalent full-time students in classes for purposes of ORS 341.626 and other
laws governing the distribution of state and federal funds to such colleges. [Subsection
(1) enacted as 1965 c.148 §2; subsection (2) enacted as 1965 c.262 §7; 1971
c.513 §66; 1989 c.258 §1; 1993 c.45 §141; 1995 c.67 §29]
     341.645 [1965 c.198 §1; repealed by 1971 c.513 §100]
     341.655
Distribution of federal funds for professional technical education. (1) As used in this section “approved
expenses” means the operating expenses of community college districts for
professional technical education programs which have been approved by the
Commissioner for Community College Services.
     (2) Federal moneys received for purposes
of reimbursing community college districts for professional technical education
programs may be used by the districts to pay approved expenses. [1965 c.487 §2;
1967 c.433 §7; 1971 c.513 §67; 1987 c.474 §12; 1993 c.45 §§142,143]
     341.660
Treatment of public library costs in computing state aid. A community college district that operates a
free public library pursuant to ORS 357.410 shall not include or reflect the
operating or construction costs attributable to such library that are in
addition to the costs otherwise incurred for library facilities or services for
the community college in any computation of eligibility for state aid for
operation or construction at the community college. However, a community
college district that operates a free public library is eligible for any
federal funds to which it would otherwise be entitled for public library
purposes. [1975 c.112 §11]
     341.665
Receipt of funds for apprenticeship programs. (1) The receiving community college shall be awarded funds from the
contracted out-of-district funds appropriated to the Department of Community Colleges
and Workforce Development if the college operates the program under a contract
with an apprenticeship training committee and the contract is approved by the
Department of Community Colleges and Workforce Development.
     (2) A community college district may
submit full-time equivalencies generated by apprenticeship programs to the
Department of Community Colleges and Workforce Development for reimbursement
from the Community College Support Fund for purposes of ORS 341.626 but may not
submit for reimbursement those full-time equivalencies generated through
contracts under subsection (1) of this section. [1979 c.311 §1; 1995 c.67 §30]
FINANCE
(Bonds Issued
by Districts)
     341.675
Authority to incur bonded indebtedness; aggregate amount. (1) A community college district may
contract a bonded indebtedness for any one or more of the following purposes in
and for the district:
     (a) To acquire, construct, reconstruct,
improve, repair, equip or furnish a college building or buildings or additions
thereto;
     (b) To acquire or to improve all property,
real and personal, appurtenant thereto or connected therewith, including
self-financing facilities;
     (c) To fund or refund outstanding
indebtedness; and
     (d) To provide for the payment of the
debt.
     (2) The community college district may use
the proceeds received from the sale of bonds to pay for any costs incurred by
the district in issuing and selling such bonds, including but not limited to,
attorney fees and the cost of publishing notices of bond elections, printing
such bonds and advertising such bonds for sale.
     (3) The aggregate amount of such district
bonded indebtedness shall not exceed one and one-half percent (0.015) of the
real market value of all taxable property within the district, computed in
accordance with ORS 308.207.
     (4) For purposes of any law relating to
bonded indebtedness, “community college district” includes a “community college
service district.” [1971 c.513 §§37,43; 1991 c.459 §385; 1997 c.271 §2]
     341.678
Election on bonded indebtedness. (1) To determine whether a community college district should contract
a bonded indebtedness for any one or more purposes described in ORS 341.675,
the question shall be decided by election. The district board may order the
election on its own motion or shall order the election if a petition is filed
as provided in this section.
     (2) The requirements for preparing,
circulating and filing a petition under this section shall be as provided for
an initiative petition in ORS 255.135 to 255.205. The petition shall state the
amount of the proposed bonded indebtedness and the purposes for which the
indebtedness shall be contracted. [1983 c.350 §212 (enacted in lieu of
341.679); 1993 c.45 §145]
     341.679 [1971 c.513 §§38, 39; 1973 c.796 §58;
repealed by 1983 c.350 §211 (341.678 enacted in lieu of 341.679)]
     341.681
Issuance of bonds. If the
electors of the district voting on the question of contracting bonded
indebtedness approve the question, the board of the district may issue bonds of
the district. [1971 c.513 §§40,41,42; 1981 c.94 §29; 1983 c.347 §25; 1983 c.350
§213; 1995 c.67 §31; 2007 c.783 §135]
     341.685
Registration of bonds; disposition of proceeds. (1) The paying agent and registrar,
appointed in accordance with ORS 287A.300 (1) to (3), shall register each
community college district bond, including refunding bonds, in a record
maintained for that purpose in the office of the paying agent and registrar,
noting the community college district, amount, date, time and place of payment,
rate of interest and such other facts as the paying agent and registrar may
consider proper. The paying agent and registrar shall cause the bonds to be
delivered promptly to the purchasers thereof upon payment therefor, and if the
place of delivery is outside the city in which the paying agent and registrarÂ’s
office is situated, the cost of delivery of the bonds shall be paid by the
issuing district.
     (2) The paying agent and registrar shall
hold the proceeds of the sale of all bonds for the community college district
subject to the order of the board of the district to be used solely for the
purpose for which the bonds were issued. The paying agent and registrar is
authorized to deliver the proceeds of the sale of the bonds to the person
designated as custodian of the community college district funds under ORS
341.703.
     (3) When the bonds have been so executed,
registered and delivered, their legality shall not be open to contest by the
community college district, or by any person for or on its behalf, for any
reason whatever. [1971 c.513 §44; 1995 c.67 §32; 2007 c.783 §136]
     341.690
Tax levy to meet annual bonded indebtedness; bond sinking fund. (1) The board of the district shall
ascertain and levy annually, in addition to all other taxes, a direct ad
valorem tax on all the taxable property in the district, sufficient to pay the
maturing interest and principal of all community college district bonds
outstanding promptly when and as such payments become due. The amount of the
tax may be increased by an amount sufficient to retire any bonds which may be
callable. The board shall annually file a copy of its budget and levies with
the paying agent and registrar. The board shall in each year include such taxes
in the district budget for such year. Such taxes shall in each year be certified,
extended upon the tax rolls and collected by the same officers in the same
manner and at the same time as the taxes for general district purposes.
     (2) The funds derived from such tax levies
shall be retained by the paying agent and registrar without being paid to the
district or to any officer thereof, and shall be kept by the paying agent and
registrar in a separate fund to be known as and designated “______Community
College District Bond Interest and Sinking Fund,” which shall be irrevocably
pledged to and used solely for the payment of the interest accruing on and the
principal of the bonds when due, so long as any of the bonds or the coupons
thereto appertaining remain outstanding and unpaid. The interest earnings of
such fund shall be credited thereto and become a part thereof. For failure to
retain and account for such funds, as provided in this section, the paying
agent and registrar shall be liable upon the official bond of the paying agent
and registrar.
     (3) The fund shall not be diverted or used
for any other purpose; but if a surplus remains after all interest and
principal have been paid on all community college district bonds then
outstanding and unpaid, the surplus may be transferred to such other fund as
the board of the district may direct.
     (4) If the tax required by subsection (1)
of this section is not levied by the board of the district, the paying agent
and registrar shall certify the county share, based on the proportion of the
assessed valuation of the community college district located in the county, to
the governing body of each county in which territory of the district is located
which shall then levy a tax on all taxable property within the county that is
in the district sufficient to raise the required amount.
     (5) The county assessors shall extend the
tax so levied upon the county tax rolls for such district. The county sheriffs
shall collect this tax and pay the sums collected into the fund kept by the
paying agent and registrar pursuant to subsection (2) of this section. [1971
c.513 §45; 1995 c.67 §33]
     341.693
Payment of bond principal and interest. (1) The paying agent and registrar must cause to be paid out of any
money in the hands of the paying agent and registrar belonging to the community
college district, the interest on or principal of, as the case may be, any bond
issued by the district promptly when and as the same becomes due at the place
of payment designated in such coupons or bonds. All coupons or bonds so paid
must be immediately reported to the board of the district.
     (2) The paying agent and registrar shall
not be required to remit to the purchaser of any bonds or coupons the amount
necessary to redeem them until the day such bonds or coupons are due. [1971
c.513 §46; 1995 c.67 §34]
     341.695
Bond redemption procedure.
(1) Whenever the sinking fund mentioned in ORS 341.690 equals the amount,
principal and interest, of any bond then due or subject at the option of the
district to be paid or redeemed when authorized by the board of the district,
the paying agent and registrar shall notify the holder of such bond and publish
a notice in the newspaper published in the district in compliance with ORS
193.010 to 193.100. The notice shall state that the paying agent and registrar
will, within 30 days from the date of the notice, redeem and pay any such bond
then redeemable and payable, giving priority according to the date of issuance
numerically. Upon presentation of any such bond at the place of payment
specified therein, the paying agent and registrar shall cause the bond to be
paid. If any holder of such bond fails to present it at the time mentioned in
the notice, the interest thereon shall cease, and the paying agent and
registrar shall thereafter pay only the amount of such bond and the interest
accrued thereon up to the last day of the time of redemption mentioned in the
notice.
     (2) When any bonds are so redeemed or
paid, the paying agent and registrar shall cause the same to be canceled and
write across the face thereof “redeemed” and the date of redemption, and shall
deliver it to the board of the district, taking its receipt therefor. [1971
c.513 §47; 1995 c.67 §35]
     341.697
Refunding bonds. (1)
Whenever any community college district has any outstanding bonded
indebtedness, which is due or subject at the option of the district to be paid
or redeemed, the district, by and through the board of the district, may:
     (a) Issue and exchange, for any such
indebtedness, its bonds bearing the rate of interest determined by the board
pursuant to ORS 287A.300 (1) to (3); or
     (b) Issue and sell such bonds and apply
the proceeds of such sale in payment of the indebtedness for the payment of
which the refunding bonds are proposed to be issued.
     (2) Refunding bonds issued under
subsection (1) of this section shall in all respects conform to, and be
governed, as to their issue, by ORS 341.675 (3) and the provisions of ORS
287A.360 to 287A.380 that are not inconsistent with this section.
     (3) The refunding of indebtedness and
issuing of bonds for such purpose shall not require an election, but may be
done by resolution of the board of the district at any legally called board
meeting. The debt limitations imposed by law shall not affect the right of any
district to issue refunding bonds under authority of this section. The validity
of any bonds so issued, or of the indebtedness thereby refunded, shall not
thereafter be open to contest by the district or by any person for any reason
whatever. [1971 c.513 §48; 1981 c.94 §30; 1983 c.347 §26; 1993 c.45 §146; 2007
c.783 §137]
     341.701 [1971 c.513 §49; repealed by 1975 c.642 §22
(341.702 enacted in lieu of 341.701)]
     341.702
Laws governing issuance of bonds. All legally authorized and issued general obligation bonds or revenue
bonds shall be issued as prescribed in ORS chapter 287A. [1975 c.642 §23
(enacted in lieu of 341.701); 2007 c.783 §138]
(Custody and
Expenditure of Funds)
     341.703
Custodian of funds; depositories; signature on checks; warrants as checks. (1) The board of a community college
district shall designate a custodian of funds of the district. Funds shall be
disbursed only in the manner provided by subsection (3) of this section.
     (2) For the purpose of receiving deposits
of community college funds, the board of the district shall designate such bank
or banks, as the board deems safe and proper depositories for district funds.
The custodian designated under subsection (1) of this section shall not be
liable personally or upon the official bond of the custodian for moneys lost by
reason of failure or insolvency of any bank which becomes a depository under
this subsection.
     (3) When funds are available for payment,
district obligations shall be paid by check bearing the original signature of
the custodian of the district funds; or if authorized by the board of the
district, the custodianÂ’s facsimile signature.
     (4) Where a statute specifies a warrant as
the means by which district obligations shall be paid, warrant means “check” if
funds are available for payment. [1971 c.513 §50; 1995 c.67 §36]
     341.705
Warrant procedure. (1) As
used in this section, “community college district obligation” includes salaries
of district employees and other regularly contracted services.
     (2) Warrants in payment of district
obligations shall be issued only when there are insufficient funds to pay the
warrant and shall be indorsed “not paid for want of funds.” Warrants may be
issued at the end of each month, if necessary. Warrants shall not be issued
without a vote of the board of the district. They must be signed by the
chairperson of the board and countersigned by the district clerk. If the
chairperson is absent or unable to execute the warrants, the board may
authorize any member of the board to act as chairperson in executing the
warrants.
     (3) Unless the board of the district has
designated a lower rate of interest, which rate must appear on the face of the
warrants, warrants indorsed “not paid for want of funds” shall draw interest at
a rate not to exceed seven percent (0.07) from date of indorsement until
called.
     (4) Funds becoming available for payment
of warrants indorsed “not paid for want of funds” shall be applied in payment
in the order in which the warrants were so indorsed.
     (5) At the last regular school board
meeting of the district preceding July 1 in each year, the district clerk shall
certify to the board a list of all district warrants which were called for
payment more than seven years prior to July 1 next following the meeting, and
which have not been paid. The certification shall state the amount of each of
such warrants, to whom issued, and date of issuance. The board of the district
shall cause notice to be published in some newspaper having a general
circulation in the district. The notice shall contain a statement that if such
warrants are not presented for payment within 60 days from July 1, they will be
canceled, and payment thereof will be refused.
     (6) At the first regular meeting of the
board in each district after the expiration of 60 days from July 1 in each
year, the board shall make an order that all such warrants which have not been
so presented for payment, describing them, shall be canceled and the board
shall so cancel.
     (7) Nothing in this section prohibits a
board from paying, upon any claim arising from the canceling of any such
warrant, the principal of the warrant when presented without interest if not
indorsed for want of funds and, if indorsed for want of funds, with interest to
the date such warrant was called. [1971 c.513 §52]
(Audits)
     341.709
Annual audit required. (1)
The board of a community college district shall cause to have prepared an
annual audit of the books and accounts of the district, including but not
limited to student body funds, athletic funds, cafeteria funds, and other
similar funds collected by the college. The audit statements must be filed with
the administrative office for the district on or before December 31 of the year
in which the audit is conducted.
     (2) Accountants employed under this
section must be selected from the roster of authorized municipal accountants
maintained by the Oregon Board of Accountancy under ORS 297.670. [1971 c.513 §51;
1987 c.159 §1]
     341.710 [1959 c.641 §6; 1961 c.602 §10; 1965 c.100 §302;
renumbered 341.025]
(Short-Term
Bonds)
     341.715
Short-term bonds. (1) As
provided by ORS 287A.180, the board of a community college district may
contract indebtedness by the issuance of short-term bonds for the purpose of
meeting current expenses, retiring outstanding bonds or warrants, or paying the
interest thereon.
     (2) The board of the district in which
indebtedness was incurred under this section shall levy an annual tax on all
taxable property in the district sufficient to meet the interest payments and
retire the indebtedness, but no tax shall be necessary where other provisions
are made for payment of the indebtedness. [1971 c.513 §53; 1983 c.124 §10; 1985
c.356 §5; 1993 c.97 §26; 2007 c.783 §139]
     341.720 [1959 c.641 §7; 1965 c.100 §303; renumbered
341.035]
(Bonds Issued
by State)
     341.721
Issuance by State Treasurer.
(1) To provide funds to community college districts for the purposes specified
in Article XI-G of the Oregon Constitution, the State Treasurer may issue bonds
at the request of the State Board of Education in accordance with the
provisions of ORS chapter 286A.
     (2) The State Treasurer may not issue
bonds pursuant to Article XI-G of the Oregon Constitution under subsection (1)
of this section for a community college project unless a grant agreement has
been entered into pursuant to ORS 341.735 between the Department of Community
Colleges and Workforce Development and the community college district that is
receiving the bond proceeds. [2005 c.787 §20; 2007 c.783 §140]
     Note: Sections 18 and 19, chapter 761, Oregon Laws
2007, provide:
     Sec.
18. (1) Pursuant to Article
XI-G of the Oregon Constitution and ORS 286.031 to 286.061 [series repealed in
2007] and 341.721, the State Treasurer may sell, at the request of the State
Board of Education, general obligation bonds of the State of Oregon of the kind
and character and within the limits prescribed by Article XI-G of the Oregon
Constitution, as the treasurer determines, but in no event may the treasurer
sell more than the aggregate principal sum of $52,640,500 par value for the
biennium beginning July 1, 2007. The moneys realized from the sale of the bonds
shall be appropriated and may be expended for the purposes set forth in section
3 of this 2007 Act and sections 3 (5) and (6), chapter 787, Oregon Laws 2005,
for payment for capitalized interest and costs incidental to issuance of the
bonds.
     (2) In compliance with the requirements of
Article XI-G of the Oregon Constitution, funds available under the expenditure
limitation for bonds issued pursuant to Article XI-G of the Oregon Constitution
in section 3 (1) of this 2007 Act are matched with the General Fund
appropriation made under section 20 of this 2007 Act.
     (3) In compliance with the requirements of
Article XI-G of the Oregon Constitution, funds available under the expenditure
limitation for bonds issued pursuant to Article XI-G of the Oregon Constitution
in section 3 (2) of this 2007 Act are matched with the General Fund
appropriation made under section 21 of this 2007 Act.
     (4) In compliance with the requirements of
Article XI-G of the Oregon Constitution, funds available under the expenditure
limitation for bonds issued pursuant to Article XI-G of the Oregon Constitution
in section 3 (3) of this 2007 Act are matched with the General Fund
appropriation made under section 22 of this 2007 Act.
     (5) In compliance with the requirements of
Article XI-G of the Oregon Constitution, funds available under the expenditure
limitation for bonds issued pursuant to Article XI-G of the Oregon Constitution
in section 3 (4) of this 2007 Act are matched with the General Fund
appropriation made under section 23 of this 2007 Act.
     (6) In compliance with the requirements of
Article XI-G of the Oregon Constitution, funds available under the expenditure
limitation for bonds issued pursuant to Article XI-G of the Oregon Constitution
in section 3 (5) of this 2007 Act are matched with the General Fund
appropriation made under section 24 of this 2007 Act.
     (7) In compliance with the requirements of
Article XI-G of the Oregon Constitution, funds available under the expenditure
limitation for bonds issued pursuant to Article XI-G of the Oregon Constitution
in section 3 (6) of this 2007 Act are matched with the General Fund
appropriation made under section 25 of this 2007 Act.
     (8) In compliance with the requirements of
Article XI-G of the Oregon Constitution, funds available under the expenditure
limitation for bonds issued pursuant to Article XI-G of the Oregon Constitution
in section 3 (7) of this 2007 Act are matched with the General Fund
appropriation made under section 27, chapter 787, Oregon Laws 2005.
     (9) In compliance with the requirements of
Article XI-G of the Oregon Constitution, funds available under the expenditure
limitation for bonds issued pursuant to Article XI-G of the Oregon Constitution
in section 3 (8) of this 2007 Act are matched with the General Fund appropriation
made under section 27 of this 2007 Act. [2007 c.761 §18]
     Sec.
19. Notwithstanding section
3 of this 2007 Act, at the request of the State Board of Education, the State
Treasurer may issue bonds for a project listed in section 3 of this 2007 Act:
     (1) If the total amount from other
revenues, including federal funds, identified for the project in the
expenditure limitation in section 3 of this 2007 Act has been received by the
Department of Community Colleges and Workforce Development; or
     (2) After the department reports to the
Emergency Board or the Joint Committee on Ways and Means, if the total amount
from other revenues, including federal funds, identified for the project in the
expenditure limitation in section 3 of this 2007 Act has not been received by
the department. [2007 c.761 §19]
     341.725
Community College Capital Construction Fund. (1) The Community College Capital Construction Fund is established
separate and distinct from the General Fund. Interest earned on moneys in the
Community College Capital Construction Fund shall be credited to the fund.
     (2) Moneys in the Community College
Capital Construction Fund are appropriated continuously to the Department of
Community Colleges and Workforce Development and may be disbursed by the
department for the construction, remodeling, expansion and renovation of
facilities at community colleges pursuant to grant agreements entered into
between the department and community college districts under ORS 341.735. [2005
c.787 §21]
     Note: Sections 26 to 32, chapter 787, Oregon Laws
2005, provide:
     Sec.
26.
     (2) The account may consist of the
following moneys that have been deposited in the account by the Department of
Community Colleges and Workforce Development at the request of the Columbia
Gorge Community College District for the purposes listed in subsection (1) of
this section:
     (a) Moneys from federal and local
governments;
     (b) Donations;
     (c) Community College Support Fund moneys
transferred to the account by the department at the request of the community
college district;
     (d) Building reserve funds of the
community college district transferred to the department from the community
college district; and
     (e) Proceeds from the sale of bonds issued
by the community college district.
     (3) Interest earned on moneys in the
account shall be credited to the account.
     (4) The account may not be credited with
more than $7,500,000 in donations, Community College Support Fund moneys,
proceeds from the sale of bonds, building reserve funds, federal and local
government funds and interest.
     (5) Moneys in the account shall be
considered to be General Fund moneys for purposes of section 1 (3), Article
XI-G of the Oregon Constitution, are continuously appropriated to the
department and may be transferred to the Community College Capital Construction
Fund for the purpose of making distributions to the Columbia Gorge Community
College District for the purposes listed in subsection (1) of this section. [2005
c.787 §26]
     Sec.
27.
     (2) The account may consist of the
following moneys that have been deposited in the account by the Department of
Community Colleges and Workforce Development at the request of the Oregon Coast
Community College District for the purposes listed in subsection (1) of this
section:
     (a) Moneys from federal and local
governments;
     (b) Donations;
     (c) Community College Support Fund moneys
transferred to the account by the department at the request of the community
college district;
     (d) Building reserve funds of the
community college district transferred to the department from the community
college district; and
     (e) Proceeds from the sale of bonds issued
by the community college district.
     (3) Interest earned on moneys in the
account shall be credited to the account.
     (4) The account may not be credited with
more than $7,500,000 in donations, Community College Support Fund moneys,
proceeds from the sale of bonds, building reserve funds, federal and local
government funds and interest.
     (5) Moneys in the account shall be
considered to be General Fund moneys for purposes of section 1 (3), Article
XI-G of the Oregon Constitution, are continuously appropriated to the
department and may be transferred to the Community College Capital Construction
Fund for the purpose of making distributions to the Oregon Coast Community
College District for the purposes listed in subsection (1) of this section. [2005
c.787 §27; 2007 c.761 §26]
     Sec.
28.
     (2) The account may consist of the
following moneys that have been deposited in the account by the Department of
Community Colleges and Workforce Development at the request of the Rogue
Community College District for the purposes listed in subsection (1) of this
section:
     (a) Moneys from federal and local
governments;
     (b) Donations;
     (c) Community College Support Fund moneys
transferred to the account by the department at the request of the community
college district;
     (d) Building reserve funds of the
community college district transferred to the department from the community
college district; and
     (e) Proceeds from the sale of bonds issued
by the community college district.
     (3) Interest earned on moneys in the
account shall be credited to the account.
     (4) The account may not be credited with
more than $4,100,000 in donations, Community College Support Fund moneys,
proceeds from the sale of bonds, building reserve funds, federal and local
government funds and interest.
     (5) Moneys in the account shall be
considered to be General Fund moneys for purposes of section 1 (3), Article
XI-G of the Oregon Constitution, are continuously appropriated to the
department and may be transferred to the Community College Capital Construction
Fund for the purpose of making distributions to the Rogue Community College
District for the purposes listed in subsection (1) of this section. [2005 c.787
§28]
     Sec.
29.
     (2) The account may consist of the
following moneys that have been deposited in the account by the Department of
Community Colleges and Workforce Development at the request of the Clatsop
Community College District for the purposes listed in subsection (1) of this
section:
     (a) Moneys from federal and local
governments;
     (b) Donations;
     (c) Community College Support Fund moneys
transferred to the account by the department at the request of the community
college district;
     (d) Building reserve funds of the
community college district transferred to the department from the community
college district; and
     (e) Proceeds from the sale of bonds issued
by the community college district.
     (3) Interest earned on moneys in the
account shall be credited to the account.
     (4) The account may not be credited with
more than $7,500,000 in donations, Community College Support Fund moneys,
proceeds from the sale of bonds, building reserve funds, federal and local
government funds and interest.
     (5) Moneys in the account shall be
considered to be General Fund moneys for purposes of section 1 (3), Article
XI-G of the Oregon Constitution, are continuously appropriated to the
department and may be transferred to the Community College Capital Construction
Fund for the purpose of making distributions to the Clatsop Community College
District for the purposes listed in subsection (1) of this section. [2005 c.787
§29]
     Sec.
30.
     (2) The account may consist of the
following moneys that have been deposited in the account by the Department of
Community Colleges and Workforce Development at the request of the Tillamook
Bay Community College District for the purposes listed in subsection (1) of
this section:
     (a) Moneys from federal and local
governments;
     (b) Donations;
     (c) Community College Support Fund moneys
transferred to the account by the department at the request of the community
college district;
     (d) Building reserve funds of the
community college district transferred to the department from the community
college district; and
     (e) Proceeds from the sale of bonds issued
by the community college district.
     (3) Interest earned on moneys in the
account shall be credited to the account.
     (4) The account may not be credited with
more than $4,900,000 in donations, Community College Support Fund moneys,
proceeds from the sale of bonds, building reserve funds, federal and local
government funds and interest.
     (5) Moneys in the account shall be
considered to be General Fund moneys for purposes of section 1 (3), Article
XI-G of the Oregon Constitution, are continuously appropriated to the
department and may be transferred to the Community College Capital Construction
Fund for the purpose of making distributions to the Tillamook Bay Community
College District for the purposes listed in subsection (1) of this section.
[2005 c.787 §30]
     Sec.
31.
     (2) The account may consist of the
following moneys that have been deposited in the account by the Department of
Community Colleges and Workforce Development at the request of the Klamath Community
College District for the purposes listed in subsection (1) of this section:
     (a) Moneys from federal and local
governments;
     (b) Donations;
     (c) Community College Support Fund moneys
transferred to the account by the department at the request of the community
college district;
     (d) Building reserve funds of the
community college district transferred to the department from the community
college district; and
     (e) Proceeds from the sale of bonds issued
by the community college district.
     (3) Interest earned on moneys in the
account shall be credited to the account.
     (4) The account may not be credited with
more than $7,700,000 in donations, Community College Support Fund moneys,
proceeds from the sale of bonds, building reserve funds, federal and local
government funds and interest.
     (5) Moneys in the account shall be
considered to be General Fund moneys for purposes of section 1 (3), Article
XI-G of the Oregon Constitution, are continuously appropriated to the
department and may be transferred to the Community College Capital Construction
Fund for the purpose of making distributions to the Klamath Community College
District for the purposes listed in subsection (1) of this section. [2005 c.787
§31]
     Sec.
32. Southwestern Oregon Community College Curry
     (2) The account may consist of the
following moneys that have been deposited in the account by the Department of
Community Colleges and Workforce Development at the request of the Southwestern
Oregon Community College District for the purposes listed in subsection (1) of
this section:
     (a) Moneys from federal and local
governments;
     (b) Donations;
     (c) Community College Support Fund moneys
transferred to the account by the department at the request of the community
college district;
     (d) Building reserve funds of the
community college district transferred to the department from the community
college district; and
     (e) Proceeds from the sale of bonds issued
by the community college district.
     (3) Interest earned on moneys in the
account shall be credited to the account.
     (4) The account may not be credited with
more than $2,300,000 in donations, Community College Support Fund moneys,
proceeds from the sale of bonds, building reserve funds, federal and local
government funds and interest.
     (5) Moneys in the account shall be
considered to be General Fund moneys for purposes of section 1 (3), Article
XI-G of the Oregon Constitution, are continuously appropriated to the department
and may be transferred to the Community College Capital Construction Fund for
the purpose of making distributions to the Southwestern Oregon Community
College District for the purposes listed in subsection (1) of this section.
[2005 c.787 §32]
Note: Sections 20 to 25 and 27, chapter 761, Oregon Laws 2007, provide:
     Sec.
20.
     (2) The account may consist of the
following moneys that have been deposited in the account by the Department of
Community Colleges and Workforce Development at the request of the Central
Oregon Community College District for the purposes listed in subsection (1) of
this section:
     (a) Moneys from federal and local
governments;
     (b) Donations;
     (c) Community College Support Fund moneys
transferred to the account by the department at the request of the community
college district;
     (d) Building reserve funds of the
community college district transferred to the department from the community
college district; and
     (e) Proceeds from the sale of bonds issued
by the community college district.
     (3) Interest earned on moneys in the
account shall be credited to the account.
     (4) The account may not be credited with
more than $5,778,000 in donations, Community College Support Fund moneys,
proceeds from the sale of bonds, building reserve funds, federal and local
government funds and interest.
     (5) Moneys in the account shall be
considered to be General Fund moneys for purposes of section 1 (3), Article
XI-G of the Oregon Constitution, are continuously appropriated to the
department and may be transferred to the Community College Capital Construction
Fund for the purpose of making distributions to the Central Oregon Community
College District for the purposes listed in subsection (1) of this section.
[2007 c.761 §20]
     Sec.
21.
     (2) The account may consist of the
following moneys that have been deposited in the account by the Department of
Community Colleges and Workforce Development at the request of the Chemeketa
Community College District for the purposes listed in subsection (1) of this
section:
     (a) Moneys from federal and local
governments;
     (b) Donations;
     (c) Community College Support Fund moneys
transferred to the account by the department at the request of the community
college district;
     (d) Building reserve funds of the
community college district transferred to the department from the community
college district; and
     (e) Proceeds from the sale of bonds issued
by the community college district.
     (3) Interest earned on moneys in the
account shall be credited to the account.
     (4) The account may not be credited with
more than $5,625,000 in donations, Community College Support Fund moneys,
proceeds from the sale of bonds, building reserve funds, federal and local
government funds and interest.
     (5) Moneys in the account shall be
considered to be General Fund moneys for purposes of section 1 (3), Article
XI-G of the Oregon Constitution, are continuously appropriated to the
department and may be transferred to the Community College Capital Construction
Fund for the purpose of making distributions to the Chemeketa Community College
District for the purposes listed in subsection (1) of this section. [2007 c.761
§21]
     Sec.
22.
     (2) The account may consist of the
following moneys that have been deposited in the account by the Department of
Community Colleges and Workforce Development at the request of the Clackamas
Community College District for the purposes listed in subsection (1) of this
section:
     (a) Moneys from federal and local
governments;
     (b) Donations;
     (c) Community College Support Fund moneys
transferred to the account by the department at the request of the community
college district;
     (d) Building reserve funds of the
community college district transferred to the department from the community
college district; and
     (e) Proceeds from the sale of bonds issued
by the community college district.
     (3) Interest earned on moneys in the
account shall be credited to the account.
     (4) The account may not be credited with
more than $5,156,250 in donations, Community College Support Fund moneys,
proceeds from the sale of bonds, building reserve funds, federal and local
government funds and interest.
     (5) Moneys in the account shall be
considered to be General Fund moneys for purposes of section 1 (3), Article
XI-G of the Oregon Constitution, are continuously appropriated to the
department and may be transferred to the Community College Capital Construction
Fund for the purpose of making distributions to the Clackamas Community College
District for the purposes listed in subsection (1) of this section. [2007 c.761
§22]
     Sec.
23.
     (2) The account may consist of the
following moneys that have been deposited in the account by the Department of
Community Colleges and Workforce Development at the request of the Lane
Community College District for the purposes listed in subsection (1) of this
section:
     (a) Moneys from federal and local
governments;
     (b) Donations;
     (c) Community College Support Fund moneys
transferred to the account by the department at the request of the community
college district;
     (d) Building reserve funds of the
community college district transferred to the department from the community
college district; and
     (e) Proceeds from the sale of bonds issued
by the community college district.
     (3) Interest earned on moneys in the
account shall be credited to the account.
     (4) The account may not be credited with
more than $6,750,000 in donations, Community College Support Fund moneys,
proceeds from the sale of bonds, building reserve funds, federal and local
government funds and interest.
     (5) Moneys in the account shall be
considered to be General Fund moneys for purposes of section 1 (3), Article
XI-G of the Oregon Constitution, are continuously appropriated to the
department and may be transferred to the Community College Capital Construction
Fund for the purpose of making distributions to the Lane Community College
District for the purposes listed in subsection (1) of this section. [2007 c.761
§23]
     Sec.
24.
     (2) The account may consist of the
following moneys that have been deposited in the account by the Department of
Community Colleges and Workforce Development at the request of the Linn-Benton
Community College District for the purposes listed in subsection (1) of this
section:
     (a) Moneys from federal and local
governments;
     (b) Donations;
     (c) Community College Support Fund moneys
transferred to the account by the department at the request of the community
college district;
     (d) Building reserve funds of the
community college district transferred to the department from the community
college district; and
     (e) Proceeds from the sale of bonds issued
by the community college district.
     (3) Interest earned on moneys in the
account shall be credited to the account.
     (4) The account may not be credited with
more than $3,731,250 in donations, Community College Support Fund moneys,
proceeds from the sale of bonds, building reserve funds, federal and local
government funds and interest.
     (5) Moneys in the account shall be
considered to be General Fund moneys for purposes of section 1 (3), Article
XI-G of the Oregon Constitution, are continuously appropriated to the department
and may be transferred to the Community College Capital Construction Fund for
the purpose of making distributions to the Linn-Benton Community College
District for the purposes listed in subsection (1) of this section. [2007 c.761
§24]
     Sec.
25.
     (2) The account may consist of the
following moneys that have been deposited in the account by the Department of
Community Colleges and Workforce Development at the request of the Mt. Hood
Community College District for the purposes listed in subsection (1) of this
section:
     (a) Moneys from federal and local
governments;
     (b) Donations;
     (c) Community College Support Fund moneys
transferred to the account by the department at the request of the community
college district;
     (d) Building reserve funds of the
community college district transferred to the department from the community
college district; and
     (e) Proceeds from the sale of bonds issued
by the community college district.
     (3) Interest earned on moneys in the
account shall be credited to the account.
     (4) The account may not be credited with
more than $2,500,000 in donations, Community College Support Fund moneys,
proceeds from the sale of bonds, building reserve funds, federal and local
government funds and interest.
     (5) Moneys in the account shall be
considered to be General Fund moneys for purposes of section 1 (3), Article
XI-G of the Oregon Constitution, are continuously appropriated to the
department and may be transferred to the Community College Capital Construction
Fund for the purpose of making distributions to the Linn-Benton Community
College District for the purposes listed in subsection (1) of this section.
[2007 c.761 §25]
     Sec.
27.
     (2) The account may consist of the
following moneys that have been deposited in the account by the Department of
Community Colleges and Workforce Development at the request of the Portland
Community College District for the purposes listed in subsection (1) of this
section:
     (a) Moneys from federal and local
governments;
     (b) Donations;
     (c) Community College Support Fund moneys
transferred to the account by the department at the request of the community
college district;
     (d) Building reserve funds of the
community college district transferred to the department from the community
college district; and
     (e) Proceeds from the sale of bonds issued
by the community college district.
     (3) Interest earned on moneys in the
account shall be credited to the account.
     (4) The account may not be credited with
more than $7,500,000 in donations, Community College Support Fund moneys,
proceeds from the sale of bonds, building reserve funds, federal and local
government funds and interest.
     (5) Moneys in the account shall be
considered to be General Fund moneys for purposes of section 1 (3), Article
XI-G of the Oregon Constitution, are continuously appropriated to the
department and may be transferred to the Community College Capital Construction
Fund for the purpose of making distributions to the Portland Community College
District for the purposes listed in subsection (1) of this section. [2007 c.761
§27]
     341.728
     (2) The
     (3) Moneys in the Community College Bond
Building Fund are appropriated continuously to the Department of Community
Colleges and Workforce Development and may be disbursed by the department for
the construction, remodeling, expansion and renovation of facilities at
community colleges pursuant to grant agreements entered into between the
department and community college districts under ORS 341.735.
     (4) Moneys in the Community College Bond
Building Fund may be invested as provided in ORS 286A.025 until needed for
disbursement under subsection (3) of this section. If a surplus remains in the
fund after disbursement, the surplus and earnings from temporary investments
shall be credited to the Community College Bond Sinking Fund. [2005 c.787 §22;
2007 c.783 §141]
     341.730 [1959 c.641 §8; 1961 c.602 §11; 1965 c.100 §304;
renumbered 341.045]
     341.731
Community College Bond Sinking Fund. (1) The Community College Bond Sinking Fund is established separate
and distinct from the General Fund. The Community College Bond Sinking Fund
shall be used to provide for payment of the principal and the interest upon
bonds issued under the authority of Article XI-G of the Oregon Constitution for
the benefit of community college districts under ORS 341.721.
     (2) Moneys in the fund are appropriated
continuously to the Department of Community Colleges and Workforce Development.
     (3) The fund may be invested by the State
Treasurer, and earnings on the investments shall be credited to the fund.
     (4) The fund shall consist of all moneys
received from ad valorem taxes levied pursuant to ORS 291.445, all moneys that
the Legislative Assembly may provide in lieu of such taxes, all moneys received
as accrued interest upon bonds sold, all earnings from investments of the fund
and the proceeds of the sale of refunding bonds.
     (5) The department may credit the fund
with moneys received from either a sale or interfund transfer of land,
buildings or facilities.
     (6)(a) The department may not use the fund
for any purpose other than the purposes for which the fund was created.
     (b) Notwithstanding paragraph (a) of this
subsection, the department may transfer any surplus in the fund to other funds
designated by the department if a balance remains in the fund and:
     (A) The purposes for which the fund was
created have been fulfilled; and
     (B) A reserve sufficient to meet all
existing and future obligations and liabilities of the fund has been set aside.
[2005 c.787 §23]
     341.735
Grant agreements for distribution of funds to community college districts;
fees. (1) For the purposes
of distributing moneys held in the Community College Capital Construction Fund
and the Community College Bond Building Fund, the Department of Community Colleges
and Workforce Development shall enter into grant agreements with each community
college district for whose projects moneys have been appropriated from the
General Fund and are held pending disbursement of the moneys. The grant
agreements shall obligate the department to distribute to each community
college district any funds the district provides to the state to provide a
General Fund match as required by Article XI-G of the Oregon Constitution and
shall also obligate the department to distribute to each community college
district any amounts that are credited to the Community College Bond Building
Fund for a project of the district. The department may impose reasonable
conditions and reporting and accounting requirements in a grant agreement
described in this section that are intended to ensure that the amounts
distributed from the funds listed in this subsection will be used for the
projects for which the amounts were distributed.
     (2) The grant agreements shall also
require that each community college district that receives amounts from the
funds listed in subsection (1) of this section shall:
     (a) Return to the state any amounts
distributed from the Community College Bond Building Fund that are not required
to complete the project of that district. The department shall credit the
returned amounts to the Community College Bond Sinking Fund.
     (b) Take any action as determined by the
stateÂ’s bond counsel that is necessary to maintain the excludability of the
interest paid by the state on the general obligation bonds that the state
issues pursuant to Article XI-G of the Oregon Constitution to fund the
Community College Bond Building Fund.
     (3) The department may collect fees from
community college districts that receive moneys under a grant agreement entered
into under this section to cover the costs relating to the administration of
the distribution of proceeds from general obligation bonds issued pursuant to
Article XI-G of the Oregon Constitution to finance community college district
projects and for executing the responsibilities of the department under the
grant agreement. The department shall deposit any moneys collected under this
subsection in the Department of Community Colleges and Workforce Development
Account. [2005 c.787 §33]
     341.739
Bond counsel services; financial advisory services. The Department of Community Colleges and
Workforce Development may receive bond counsel services and financial advisory
services through the Department of Higher Education. If the Department of
Community Colleges and Workforce Development receives services through the
Department of Higher Education, the Department of Community Colleges and
Workforce Development is not obligated to obtain bond counsel services or
financial advisory services as otherwise prescribed in ORS 286A.130 and
286A.132. [2005 c.787 §24; 2007 c.783 §142]
     341.740 [1959 c.641 §9; 1961 c.602 §12; 1965 c.100 §305;
renumbered 341.055]
     341.750 [1959 c.641 §10; 1961 c.602 §13; 1965 c.100 §306;
renumbered 341.075]
     341.760 [1959 c.641 §11; 1965 c.100 §307; renumbered
341.085]
     341.770 [1959 c.641 §12; 1965 c.100 §308; 1965 c.192
§1; renumbered 341.105]
     341.780 [1959 c.641 §13; 1961 c.602 §14; 1965 c.100 §309;
renumbered 341.115]
     341.785 [1983 c.825 §2; 1989 c.171 §45; renumbered
285.540 in 1991]
     341.790 [1959 c.641 §14; 1961 c.602 §15; 1965 c.100 §310;
renumbered 341.275]
     341.795 [1983 c.825 §3; 1985 c.542 §1; 1987 c.168 §3;
renumbered 285.543 in 1991]
     341.800 [1959 c.641 §15; 1961 c.602 §16; 1965 c.100 §311;
renumbered 341.125]
     341.803 [1983 c.825 §4; 1987 c.168 §4; renumbered
285.545 in 1991]
     341.805 [1963 c.483 §4; 1965 c.100 §312; renumbered
341.285]
     341.807 [1983 c.825 §1; renumbered 285.547 in 1991]
     341.809 [1987 c.697 §1; renumbered 285.550 in 1991]
     341.810 [1959 c.641 §16; repealed by 1965 c.100 §456]
     341.812 [1963 c.483 §6; repealed by 1965 c.100 §456]
     341.813 [1989 c.538 §1; renumbered 285.553 in 1991]
     341.815 [1963 c.483 §5; 1965 c.100 §315; renumbered
341.475]
     341.818 [1989 c.538 §2; renumbered 285.555 in 1991]
     341.820 [1959 c.641 §17; 1965 c.100 §319; renumbered
341.195 (1),(2)]
     341.825 [1963 c.483 §16; 1965 c.100 §314; renumbered
341.315]
     341.830 [1959 c.641 §18; repealed by 1965 c.100 §320
(341.205 enacted in lieu of 341.830)]
     341.840 [1959 c.641 §19; 1965 c.100 §322; renumbered
341.215]
     341.850 [1959 c.641 §22; 1965 c.100 §323; renumbered
341.225]
     341.860 [1959 c.641 §20; 1965 c.100 §324; renumbered
341.235]
     341.870 [1959 c.641 §21; 1965 c.100 §325; renumbered
341.245]
     341.880 [1959 c.641 §23; renumbered 341.195 (3)]
     341.890 [1959 c.641 §28; 1965 c.100 §313; renumbered
341.295]
     341.900 [1959 c.641 §31; renumbered 341.305]
     341.910 [1959 c.641 §32; renumbered 341.135]
     341.912 [1963 c.483 §1; 1965 c.100 §316; renumbered
341.155]
     341.914 [1963 c.483 §2; 1965 c.100 §317; renumbered
341.165]
     341.915
[1967 c.433 §9; 1975 c.128 §7;
repealed by 1977 c.711 §6; repeal rescinded by 1979 c.754 §5; 1979 c.754 §6;
repealed by 1987 c.474 §13]
     341.916 [1963 c.483 §3; 1965 c.100 §318; renumbered
341.175]
     341.917 [1975 c.128 §8; 1977 c.711 §4; repealed by
1977 c.711 §6]
     341.920 [1961 c.601 §1; repealed by 1965 c.100 §456]
     341.925 [1961 c.601 §§2,5; 1963 c.483 §15; 1965
c.100 §341; 1967 c.433 §10; 1969 c.633 §1; 1971 c.310 §5; 1973 c.27 §6; 1975
c.128 §6; repealed by 1977 c.711 §6]
     341.930 [1961 c.601 §3; 1965 c.100 §342; 1967 c.433 §11;
1971 c.310 §6; 1975 c.128 §9; repealed by 1977 c.711 §6]
AID FOR
CONSTRUCTION
     341.933
Distribution of state funds for capital construction; standards; limitations;
rules. The State Board of
Education shall adopt by rule standards governing the distribution of state
funds to community college districts for capital construction projects. The
standards shall include, but need not be limited to, the following provisions:
     (1) No state funds shall be used for the
construction of student or faculty housing, facilities for spectators at
athletic events, recreational facilities, student health facilities or
noninstructional portions of student centers; and
     (2) State funds shall be matched by
substantial contributions from nonstate sources, which may include tuition,
property taxes, bond issues, gifts and grants. [1987 c.474 §11; 1999 c.21 §68]
     341.935
[1961 c.601 §4; 1965 c.100 §343;
1967 c.433 §12; 1971 c.513 §70; repealed by 1977 c.711 §6; repeal rescinded by
1979 c.754 §5; 1979 c.754 §6; repealed by 1987 c.474 §13]
     341.937
Capital improvements for access for persons with disabilities. In preparing budget requests for each
biennium, after consultation with the community colleges and their respective
representatives of the community of persons with disabilities at the colleges,
the State Board of Education shall include amounts for capital improvements
that will be applied to the substantial reduction and eventual elimination of
barriers to access by persons with disabilities. [1991 c.935 §3; 2005 c.22 §235;
2007 c.70 §99]
     341.940
[1961 c.601 §6; 1965 c.100 §344;
1967 c.433 §13; repealed by 1977 c.711 §6; repeal rescinded by 1979 c.754 §6;
repealed by 1987 c.474 §13]
     341.945
[1961 c.601 §7; 1965 c.100 §345;
1967 c.433 §14; 1971 c.513 §71; repealed by 1977 c.711 §6; repeal rescinded by
1979 c.754 §6; repealed by 1987 c.474 §13]
     341.950
[1961 c.601 §8; 1965 c.100 §346;
1967 c.433 §15; 1971 c.513 §72; repealed by 1977 c.711 §6; repeal rescinded by
1979 c.754 §6; repealed by 1987 c.474 §13]
     341.990 [Part renumbered 332.990; repealed by 1965
c.100 §456]
_______________
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