2007 Oregon Code - Chapter 344 :: Chapter 344 - Career and Professional Technical Education - Rehabilitation - Adult Literacy
Chapter 344 —
Career and Professional Technical Education;
Rehabilitation;
Adult Literacy
2007 EDITION
CAREER EDUCATION; REHABILITATION; ADULT
LITERACY
EDUCATION AND CULTURE
PROFESSIONAL TECHNICAL EDUCATION
344.055Â Â Â Â Policy
on professional technical education and employment training
344.058Â Â Â Â Frontier
Learning Network program; grant
344.070Â Â Â Â Revolving
accounts for federally sponsored education or training; advances; uses; rules
344.080Â Â Â Â Reimbursement
vouchers; accounts and records; bond
344.090Â Â Â Â Procedure
when training and educational programs are no longer needed, or when advances
are improperly handled or accounted for
344.100Â Â Â Â Acceptance
of provisions of federal Act
344.120Â Â Â Â Payment
of claims approved by board
344.130Â Â Â Â Cooperation
by district school boards to establish professional technical training
COORDINATION OF CONTINUING EDUCATION
344.257Â Â Â Â Definition
of “continuing education”
344.259Â Â Â Â Coordination
of continuing education
VOCATIONAL REHABILITATION AND TRAINING
344.511Â Â Â Â Definitions
for ORS 344.511 to 344.690 and 344.710 to 344.730
344.530Â Â Â Â Department
of Human Services rehabilitation duties; rules
344.540Â Â Â Â Federal
cooperation
344.550Â Â Â Â Eligibility
for and extent of rehabilitation services
344.555Â Â Â Â Training
under apprenticeship program
344.557Â Â Â Â Eligible
vocational training schools and programs
344.560Â Â Â Â Application;
form
344.570Â Â Â Â Action
upon application
344.580Â Â Â Â Payments
exempt from process
344.590Â Â Â Â Appeal
and hearing
344.600Â Â Â Â Unauthorized
use of official rehabilitation data
344.620Â Â Â Â State
Vocational Rehabilitation Account; federal funds; custody and disbursement;
records
344.630Â Â Â Â Gifts
for rehabilitation purposes
344.685Â Â Â Â Vocational
Rehabilitation Revolving Fund
344.690Â Â Â Â Advances
to fund from account; repayment
REHABILITATION FACILITIES
344.710Â Â Â Â Rehabilitation
facility defined
344.720Â Â Â Â Establishment
of rehabilitation facilities; application; approval
344.730Â Â Â Â Financial
report
344.735Â Â Â Â State
advisory committee; members; duties
YOUTH APPRENTICESHIP, TRAINING AND WORK BASED
LEARNING PROGRAMS
344.745Â Â Â Â Youth
apprenticeship, training and work based learning programs; number of
participants; qualifications; guidelines; credit
344.750Â Â Â Â Ratios
of apprentices or trainees; rules; workersÂ’ compensation coverage required;
wages; hours; removal
344.753Â Â Â Â Employers
eligible for reimbursement for costs of training programs; education service
credits
344.755Â Â Â Â Loss
of eligibility for tax credit and for program participation
344.757Â Â Â Â Gifts
and grants
ADULT LITERACY
344.760Â Â Â Â Legislative
findings on adult literacy
344.765Â Â Â Â Establishment
of literacy coalitions by community colleges
344.770Â Â Â Â Short
title
REHABILITATION OF WORKERS
344.840Â Â Â Â Professional
technical instruction in public schools for workers; reimbursement
344.850Â Â Â Â Reimbursements
to Department of Human Services
     344.010 [Repealed by 1959 c.641 §38]
     344.020 [Repealed by 1959 c.641 §38]
     344.030 [Repealed by 1959 c.641 §38]
     344.040 [Repealed by 1959 c.641 §38]
     344.050 [Repealed by 1959 c.641 §38]
PROFESSIONAL
TECHNICAL EDUCATION
     344.055
Policy on professional technical education and employment training. It shall be the policy on professional
technical education and employment training in this state that:
     (1) Accessibility to professional
technical education programs should be facilitated. Individuals should have a
choice of training opportunities for which they are qualified and from which
they can benefit. Such opportunities should be available from school districts,
community colleges, federal and state workforce training programs, private
professional technical schools, apprenticeship programs and institutions of
higher education. The student should have easy access to training with the
flexibility to move in and out of programs as needs indicate. Opportunities
should be available for all individuals to obtain the skills and knowledge
needed for initial employment as well as for occupational upgrading and job
changes.
     (2) State and local planning and program
operations should be coordinated to provide the most efficient use of federal,
state, local and private resources.
     (3) A comprehensive system of education
and employment training should be developed. Secondary schools should provide
an educational program that balances the educational skills of reading,
writing, speaking, computation and reasoning ability, occupational skills
including technical knowledge, manipulative ability and other skills required
to perform job tasks and employment skills such as job seeking, work attitude,
work adjustment and job-coping abilities. Community colleges should provide comprehensive
programs in both academic and professional technical subjects. In addition,
community colleges should provide short-term training designed for specific
occupations, related training for apprenticeships and opportunities for
employed persons to improve their skills. Other providers of employment
training should compliment this effort with programs aimed at specific job
training.
     (4) Full working partnerships among
education, business, industry, labor, government and agriculture should be
developed to meet employer needs for a skilled workforce and to promote
employee job satisfaction. Such partnerships should be fostered by promoting
efforts such as work site training stations, lending or donating of equipment
to training programs, employee-teacher exchange programs, advisory committees
and cooperative work experience programs. All segments of the community should
be encouraged to assist in professional technical training.
     (5) Federal, state, local and private
funding resources should be combined to ensure the development and
implementation of quality programs. Both the governmental and private sectors
should make a commitment to professional technical training as an investment
that will help bring about economic development and stability as well as high
social and financial returns. Improvement of existing training programs, as
opposed to development of duplicative or parallel efforts, should be utilized
to promote flexibility and economy in the design and delivery of professional
technical education.
     (6) High quality professional technical
training requires an adequate supply of well prepared teachers and support
personnel. Provisions should be made for the formal preparation of teachers and
for the recruitment of teachers from business and industry. Programs should be
designed and implemented to ensure that teachers remain current in their areas
of expertise, and instructors should be encouraged to return to business and
industry to gain additional experience in their fields. To promote retention of
qualified personnel, institutions preparing and licensing teachers and agencies
employing teachers should allow credit for relevant professional technical
experiences.
     (7) Professional technical education
programs and other employment training programs should be developed, operated
and evaluated jointly with representatives of the professional technical
instructional areas included in the programs. Evaluation of efforts should
consider the cost effectiveness of the program both for society and the state.
     (8) Each student’s educational,
professional technical and employment skills should be assessed upon entering
so that proper placement in the educational program can occur. Credit should be
given for prior education, work experience and community service. Assessments
to determine progress, competency attainment and needed corrective action
should be made on a periodic basis. Assistance in obtaining employment and
follow-through services to help students succeed on the job should be provided.
     (9) Provisions should be made to meet the
needs of women, minorities, disadvantaged or persons with disabilities and
others who have special training needs. Special curricula, facilities,
equipment, counseling and instruction should be provided as necessary. The agencies
and institutions serving these groups should coordinate use of the available
resources to provide cost effective services.
     (10) Career education provides the
learning experiences needed to make effective career choices and to develop the
attitudes, knowledges and skills that enable persons to perform successfully in
the producer role and to assist them in other related life roles. It progresses
through the steps of awareness and exploration of work, preparation for a broad
range of occupations and specialization in a specific occupation.
     (11) Professional technical education is
taught at the secondary school level, in post-secondary professional technical
institutions, community colleges and apprenticeship programs and may continue
through skill upgrading or retraining for a new career. [1981 c.756 §1; 1993
c.45 §243; 2005 c.22 §238]
     344.058
Frontier Learning Network program; grant. Each biennium, in addition to and not in lieu of any other moneys, the
Department of Education shall award a grant to the Frontier Learning Network
professional technical education program. The grant may be used for:
     (1) Mobile classrooms;
     (2) Developing information and technical
systems;
     (3) Creating and implementing curricula;
     (4) Capital improvements;
     (5) Teachers and technical staff;
     (6) Distance learning communications
expenses; and
     (7) Special project materials. [1999
c.1028 §1; 2005 c.22 §239]
     344.060 [Amended by 1959 c.641 §35; repealed by 1965
c.100 §456]
     344.070
Revolving accounts for federally sponsored education or training; advances;
uses; rules. (1) The Oregon
Department of Administrative Services may draw warrants upon any state fund to
which federal funds for training or education have been credited, in payment of
vouchers approved by the Superintendent of Public Instruction or the
Commissioner for Community College Services pursuant to rules of the State
Board of Education, in favor of school districts, education service districts
and community college districts, for such sums, not exceeding $100,000 for a
single district in the aggregate, as the state board, by rule, shall determine.
The warrants, upon delivery thereof to the districts, shall constitute advances
from state funds to enable the districts more readily to effectuate the
purposes set forth in any federal law or regulation pertaining to professional
technical education or other education or training sponsored by the federal
government.
     (2) The districts to which moneys are
advanced shall be responsible for the full repayment to the state of all sums
advanced. The advances are not within any limitation upon indebtedness
prescribed by law for districts. The moneys advanced to districts shall not
exceed in the aggregate the moneys to the credit of the state fund from which
they are paid, and shall constitute advances to the recipient district in
anticipation of verified vouchers to be supplied therefor. The advances are to
be used as revolving funds for the payment of the costs of professional
technical training programs. The advances shall be made only in those cases in
which the federal government defrays all or part of the cost of such programs. [Amended
by 1965 c.100 §435; 1965 c.102 §1; 1983 c.740 §109; 1989 c.491 §48; 1993 c.45 §244]
     344.080
Reimbursement vouchers; accounts and records; bond. (1) All reimbursement vouchers for claims
paid from the revolving funds mentioned in ORS 344.070 shall be approved by the
Superintendent of Public Instruction or the Commissioner for Community College
Services pursuant to rules of the State Board of Education. When vouchers are
so approved, warrants covering the same shall be drawn by the Oregon Department
of Administrative Services, payable from the appropriate fund, and be used to
reimburse the revolving funds.
     (2) The districts receiving such advances
shall maintain their accounts and records so as to disclose at all times the
true status of the unpaid vouchers issued for the reimbursement of the funds,
the district warrants drawn against the funds advanced and the balances to the
credit thereof.
     (3) The revolving funds and accounts shall
be subject to examination and audit by the state in the manner provided by law
for other state funds and accounts. The State Board of Education may require an
audit of the revolving accounts and shall take proper precautions as to the
safety of, and accountability for, all funds advanced.
     (4) The State Board of Education may
require the filing with it of a bond of a corporate surety duly licensed to
transact business in this state to insure the proper handling of and
responsibility for any funds advanced. The bond shall be cumulative and
supplemental to fidelity insurance coverage already held by the district
concerned. The state may have recourse to any and all fidelity bonds of clerks
or other financial officers of the district to protect such advances. [Amended
by 1983 c.740 §110; 1989 c.491 §49; 1993 c.45 §245]
     344.090
Procedure when training and educational programs are no longer needed, or when
advances are improperly handled or accounted for. When it appears to the Superintendent of
Public Instruction or the Commissioner for Community College Services that the
training and educational programs for which funds are advanced under ORS
344.070 have been completed, or that the need for such advances or revolving
funds no longer exists, or that the sums advanced are not being properly
handled or accounted for, the superintendent or commissioner may require that
all or part of the amounts advanced to any district shall be returned, with any
interest earned, to the state funds or accounts from which the amounts
originally were withdrawn. Upon receipt of notification from the superintendent
or commissioner that funds advanced are to be returned, the district concerned
shall immediately repay the same to the State Treasurer, for credit to the
proper fund or account. To the extent that funds advanced are so repaid,
security or protection theretofore required by the State Board of Education
under ORS 344.080 (4) to insure the safety of such funds may be released. [Amended
by 1989 c.491 §50; 1993 c.45 §246]
     344.100
Acceptance of provisions of federal Act. The State of
     344.110 [Amended by 1989 c.491 §51; repealed by 1993
c.45 §248]
     344.120
Payment of claims approved by board. All lawfully incurred claims duly approved pursuant to rules of the
State Board of Education, including all claims to be paid from the moneys
received by the state from the federal government for professional technical
education purposes and for which the State Treasurer is custodian shall be paid
as provided in ORS 293.295 to 293.462. The Oregon Department of Administrative
Services shall draw warrants on the State Treasurer in payment thereof out of
the proper appropriations or funds. [Amended by 1983 c.740 §111; 1989 c.491 §52;
1993 c.45 §249]
     344.130
Cooperation by district school boards to establish professional technical
training. Any district
school board may cooperate with the State Board of Education in establishment
of professional technical schools or classes giving instruction in agricultural
subjects, the trade or industrial subjects, or in home economics subjects, and
may use any moneys raised by public taxation in the same manner as moneys for
other school purposes are used for the maintenance and support of public
schools. [Amended by 1993 c.45 §250]
     344.140 [Repealed by 1979 c.570 §4]
     344.150 [1955 c.632 §2; 1959 c.641 §36; repealed by
1961 c.596 §7]
     344.205 [1975 c.637 §1; 1977 c.227 §1; 1993 c.45 §251;
repealed by 1997 c.652 §63]
     344.215 [1975 c.637 §8; repealed by 1993 c.45 §252]
     344.225 [1975 c.637 §2; 1977 c.227 §2; 1993 c.45 §253;
repealed by 1997 c.652 §63]
     344.235 [1975 c.637 §3; 1977 c.227 §3; 1993 c.45 §254;
repealed by 1997 c.652 §63]
     344.245 [1975 c.637 §5; 1977 c.227 §4; 1993 c.45 §255;
repealed by 1997 c.652 §63]
     344.255 [1975 c.637 §6; 1977 c.227 §5; repealed by
1993 c.45 §256]
COORDINATION
OF CONTINUING EDUCATION
     344.257
Definition of “continuing education.” (1) For the purposes of ORS 344.259, “continuing education” means
organized instruction to serve the needs of post-secondary students, including
but not limited to:
     (a) Courses as offered to the regular
full-time resident post-secondary student consisting of professional
preparatory courses and professional supplementary, technical, academic and professional
courses;
     (b) Developmental education, consisting of
adult basic education, high school completion courses for a high school
diploma, instruction to pass the General Educational Development (GED) tests,
English as a second language instruction, and remedial instruction;
     (c) Educational activities, consisting of
adult self-improvement courses and Federal Cooperative Extension Service; and
     (d) Hobby and recreation activities.
     (2) “Continuing education” for a community
college is limited to instruction within district boundaries and instruction
outside district boundaries offered under contract. [Formerly 348.450; 1997
c.11 §7; 1997 c.230 §1; 1997 c.249 §107]
     344.259
Coordination of continuing education. (1) The State Board of Education shall coordinate continuing education
in lower division, developmental, adult self-improvement, professional and
technical education for agencies under its regulatory authority. The State
Board of Higher Education shall coordinate continuing education in upper division
and graduate education for institutions under its jurisdiction.
     (2) When significantly adverse impact is
alleged by one or more of the agencies listed in this subsection, the affected
parties jointly shall provide for written agreements. These agreements shall
allocate responsibility for planning and providing continuing education or
off-campus instruction in specific areas or by specific types. The agencies
are:
     (a) The State Board of Education.
     (b) The State Board of Higher Education.
     (c) Community college districts.
     (d) Independent colleges.
     (e) Proprietary schools.
     (3) In the event the affected parties fail
to reach a written agreement within 120 days following receipt of written
notice of the allegation, either party may request the Education and Workforce
Policy Advisor to review and to recommend resolution.
     (4) Nothing in this section prohibits the
offering of upper division or graduate programs within 30 miles of the campus
of the Department of Higher Education institution offering the program, or the
offering of lower division programs within 30 miles of the campus offering the
program in areas outside a community college district. Such programs are
entitled to the same college credit and financial support as programs offered
on the campus of the institution. [Formerly 348.460; 1997 c.652 §31; 2003 c.14 §152]
     344.305 [1989 c.961 §1; renumbered 285.200 (1) to
(3) in 1991]
     344.309 [1989 c.961 §2; 1991 c.668 §5; renumbered
285.243 in 1991]
     344.310 [Amended by 1957 c.389 §1; subsection (2) of
1957 Replacement Part enacted as 1957 c.389 §2; repealed by 1959 c.566 §8]
     344.314 [1957 c.389 §3; repealed by 1959 c.566 §8]
     344.315 [1989 c.961 §3; repealed by 1991 c.667 §17
and 1991 c.668 §17]
     344.316 [1957 c.389 §3; repealed by 1959 c.566 §8]
     344.318 [1957 c.389 §15; repealed by 1959 c.566 §8]
     344.319 [1989 c.961 §4; renumbered 285.205 in 1991]
     344.320 [Repealed by 1957 c.389 §17]
     344.322 [1957 c.389 §8; repealed by 1959 c.566 §8]
     344.323 [1989 c.961 §5; renumbered 285.223 in 1991]
     344.324 [1957 c.389 §§4, 5; repealed by 1959 c.566 §8]
     344.325 [1989 c.961 §6; renumbered 285.225 in 1991]
     344.326 [1957 c.389 §6; repealed by 1959 c.566 §8]
     344.328 [1957 c.389 §10; repealed by 1959 c.566 §8]
     344.329 [1989 c.961 §7; renumbered 285.227 in 1991]
     344.330 [Repealed by 1959 c.566 §8]
     344.335 [1989 c.961 §8; renumbered 285.230 in 1991]
     344.339 [1989 c.961 §9; renumbered 285.233 in 1991]
     344.340 [Repealed by 1959 c.566 §8]
     344.343 [1989 c.961 §10; renumbered 285.235 in 1991]
     344.345 [1953 c.722 §1; repealed by 1959 c.566 §8]
     344.347 [1989 c.961 §11; renumbered 285.237 in 1991]
     344.350 [Repealed by 1959 c.566 §8]
     344.355 [1989 c.961 §12; renumbered 285.240 in 1991]
     344.360 [Repealed by 1959 c.566 §8]
     344.370 [1957 c.389 §11; repealed by 1959 c.566 §8]
     344.375 [1957 c.389 §12; repealed by 1959 c.566 §8]
     344.380 [1957 c.389 §13; repealed by 1959 c.566 §8]
     344.390 [1957 c.389 §9; repealed by 1959 c.566 §8]
     344.400 [1957 c.389 §14; repealed by 1959 c.566 §8]
     344.410 [1957 c.389 §7; repealed by 1959 c.566 §8]
VOCATIONAL
REHABILITATION AND TRAINING
     344.510 [Amended by 1963 c.522 §1; repealed by 1965
c.100 §436 (344.511 enacted in lieu of 344.510)]
     344.511
Definitions for ORS 344.511 to 344.690 and 344.710 to 344.730. As used in ORS 344.511 to 344.690 and
344.710 to 344.730:
     (1) “Department” means the Department of
Human Services.
     (2) “Director” means the Director of Human
Services.
     (3) “Individual with a disability” means
an individual who has a substantial occupational handicap due to a physical or
mental condition except blindness.
     (4) “Individual with a severe disability”
means an individual with a disability who, because of the nature of
disabilities, is not able to participate fully in competitive employment, and
for whom specialized employment opportunities must be provided.
     (5) “Maintenance” means money payments,
during vocational rehabilitation, to individuals with occupational handicaps
found to require financial assistance with respect thereto in order to
effectuate the vocational rehabilitation of such individuals.
     (6) “Occupational handicap” means a
physical or mental condition other than blindness which, regardless of its
origin, constitutes, contributes to, or, if not corrected, will probably result
in, an obstruction to occupational performance or the condition of being an
untrained individual.
     (7) “Occupational licenses” means any
license, permit or other written authority required by any governmental unit to
be obtained in order to engage in any occupation.
     (8) “Occupational tools, equipment and
supplies” means such customary implements, appliances, apparatus, fixtures and
materials as are necessary for the successful prosecution of the employment
objective of an individual with an occupational handicap.
     (9) “Physical restoration” means any
medical, surgical or therapeutic treatment necessary to correct or
substantially modify an individualÂ’s occupational handicap within a reasonable
length of time. The term includes but is not limited to medical, psychiatric,
dental and surgical treatment, nursing services, hospital and convalescent home
care, medical and surgical drugs and supplies, and prosthetic appliances,
excluding curative treatment for acute or transitory conditions.
     (10) “Prosthetic appliance” means any
artificial appliance designed to support or take the place of a part of the
body or to increase the acuity of a sense organ.
     (11) “Rehabilitation training” means all
training provided, directly or through public or private instrumentalities, to
an individual to compensate for the occupational handicap of the individual.
The term includes but is not limited to manual, preconditioning, prevocational,
vocational, vocational rehabilitation and supplementary training and training
provided for the purpose of achieving broader and more remunerative skills and
capacities.
     (12) “Untrained individual” means any
person without mental or physical disability who has a substantial occupational
handicap due to lack of occupational training, experience, skills or other
factors and who is receiving and, in the opinion of the Department of Human
Services, probably will continue to receive public assistance because of the
occupational handicap of the individual.
     (13) “Vocational rehabilitation” and “vocational
rehabilitation services” mean any services necessary to enable an individual
with an occupational handicap to engage in a remunerative occupation and
include, but are not limited to, medical and vocational diagnoses, vocational
guidance, counseling and placement, rehabilitation training, physical
restoration, transportation, occupational licenses, occupational tools,
equipment and supplies, maintenance and training books, supplies and materials.
     (14) “Vocational rehabilitation training”
means skill training in which the basis and focus of the training are
individualized or customized. “Vocational rehabilitation training” may include
a focus on disability-related issues as those issues impact the skill training.
     (15) “Vocational training” means occupational
or skill training. [1965 c.100 §437 (enacted in lieu of 344.510); 1967 c.552 §1;
1969 c.597 §160; 1969 c.614 §1; 2001 c.900 §56; 2007 c.70 §108; 2007 c.209 §3]
     344.520 [Amended by 1967 c.552 §2; 1969 c.597 §161;
1999 c.59 §90; repealed by 2001 c.900 §261]
     344.525 [1967 c.552 §11; 1969 c.597 §162; 1983 c.740
§112; 2001 c.104 §119; repealed by 2001 c.900 §261]
     344.527 [1969 c.597 §164; repealed by 2001 c.900 §261]
     344.530
Department of Human Services rehabilitation duties; rules. Notwithstanding any other provisions of the
law, the Department of Human Services shall perform the following vocational
rehabilitation functions:
     (1) Establish and enforce such rules as
may be necessary to:
     (a) Carry out ORS 344.511 to 344.690 and
344.710 to 344.730; and
     (b) Safeguard the confidential character
of vocational rehabilitation information and records.
     (2) Cooperate with public and private
departments, agencies and institutions in:
     (a) Providing for the vocational
rehabilitation of individuals with occupational handicaps;
     (b) Studying the problems involved
therein; and
     (c) Establishing, developing and
providing, in conformity with ORS 344.511 to 344.690 and 344.710 to 344.730,
such programs, facilities and services as may be necessary.
     (3) Enter into reciprocal agreements with
other states relative to the provision of vocational rehabilitation to
residents of the states concerned.
     (4) Conduct research and compile
statistics relating to the vocational rehabilitation of individuals with
occupational handicaps.
     (5) Encourage and assist individuals with
severe disabilities in the establishment, maintenance and conduct of
appropriate home industries within their capacities and in the promotion of the
sale and distribution of the products of such home industries. All funds
collected or received from such activities shall be deposited in a permanent
special fund in the State Treasury and shall be used for the operation of such
home industries as determined by the department.
     (6) For rehabilitation facilities:
     (a) Establish, conduct and maintain
facilities necessary for the sheltered employment of individuals with severe
disabilities;
     (b) Pay the individuals employed in the
facilities suitable wages;
     (c) Devise means for the sale and
distribution of the products of the facilities;
     (d) Devise a subsidy program, and include
a plan for its funding in each biennial budget submitted to the Legislative
Assembly; and
     (e) Take such other action as may be
necessary to ensure the successful operation of the facilities established.
     (7) Deposit in the State Vocational
Rehabilitation Account all funds collected or received from activities
described in subsection (6) of this section, which shall be used for the
operation of facilities necessary for the sheltered employment of individuals
with severe disabilities as determined by the department.
     (8) Take such other action as may be
necessary to carry out ORS 344.511 to 344.690 and 344.710 to 344.730. [Amended
by 1963 c.522 §2; 1965 c.100 §438; 1967 c.552 §3; 1969 c.597 §165; 1971 c.617 §1;
1989 c.224 §55; 1991 c.93 §5; 1991 c.122 §10; 2001 c.900 §57; 2005 c.755 §21;
2007 c.70 §109]
     344.540
Federal cooperation. The
Department of Human Services:
     (1) Shall cooperate with the federal
government in carrying out the purposes of any federal Act pertaining to
vocational rehabilitation, and in related matters of mutual concern, including
the adoption of methods of administration found by the federal government to be
necessary for the efficient operation of plans for vocational rehabilitation.
     (2) May apply for federal funds and accept
and enter into any contracts or agreements in behalf of the state for the
receipt of such funds from the federal government or its agencies for
vocational rehabilitation purposes. [Amended by 1965 c.100 §439; 1967 c.552 §4;
1969 c.597 §166]
     344.550
Eligibility for and extent of rehabilitation services. (1) Vocational rehabilitation services shall
be provided to any individual with a disability:
     (a) Who is in the state and files an
application therefor and who is not in the state for the sole purpose of
receiving vocational rehabilitation services.
     (b) Who is eligible for vocational
rehabilitation service under the terms of an agreement with another state or
with the federal government.
     (2) Except as otherwise provided by law or
as specified in any agreement with the federal government with respect to
classes of individuals certified by the Department of Human Services, the
following rehabilitation services shall be provided at public cost only to
individuals with disabilities found to require financial assistance with
respect thereto:
     (a) Physical restoration.
     (b) Transportation not provided to
determine the eligibility of the individual for vocational rehabilitation
services and the nature and extent of the services necessary.
     (c) Occupational licenses.
     (d) Customary occupational tools and
equipment.
     (e) Maintenance.
     (f) Training books and materials. [Amended
by 1965 c.100 §440; 1967 c.552 §5; 1969 c.614 §2; 2005 c.22 §240; 2007 c.70 §110]
     344.555
Training under apprenticeship program. (1) When an individual with an occupational handicap is to be trained
as an apprentice as defined in ORS 660.002 to 660.210, or in a trade or craft
for which training standards are established under ORS 660.002 to 660.210, the
training shall be subject to the provisions of ORS 660.002 to 660.210, and
shall be under the jurisdiction of the State Apprenticeship Council in
cooperation with the Department of Human Services.
     (2) This section is not intended to limit
any necessary financial assistance to which or for which an individual with an
occupational handicap would otherwise be entitled under ORS 344.550. [1963
c.522 §9]
     344.557
Eligible vocational training schools and programs. (1) The Department of Human Services may
refer a person for vocational training only to the following schools or
programs:
     (a) A school that has accreditation
recognized by the United States Department of Education.
     (b) A school that has been approved by the
Oregon Student Assistance Commission through the Office of Degree Authorization
to offer and confer degrees in
     (c) A community college.
     (d) A state institution of higher
education within the Oregon University System.
     (e) The
     (f) A career school licensed under ORS
345.010 to 345.450.
     (g) An apprenticeship program that is
registered with the State Apprenticeship and Training Council.
     (2) This section does not apply to
vocational rehabilitation training. [2007 c.209 §2]
     344.560
Application; form.
Applications for vocational rehabilitation under ORS 344.550 shall be made in
such manner and form and contain such information as the Director of Human
Services may require.
     344.570
Action upon application.
Whenever the Department of Human Services receives an application for
vocational rehabilitation under ORS 344.560, it shall promptly cause to be
obtained and recorded, with respect to such applicant, all essential, pertinent
information concerning the circumstances, health condition, vocational
aptitudes and experience of the applicant, and such other information as may be
necessary for the determination of the eligibility of the applicant and of the
nature and amount of vocational rehabilitation services needed.
     344.573 [1963 c.522 §7; 1971 c.779 §5; repealed by
2001 c.900 §261]
     344.575 [1963 c.522 §3a; repealed by 2001 c.900 §261]
     344.577 [1963 c.522 §8; 1971 c.779 §6; repealed by
2001 c.900 §261]
     344.580
Payments exempt from process.
Any payments made to an individual with an occupational handicap as maintenance
under ORS 344.511 to 344.690 and 344.710 to 344.730 shall not be transferable
or assignable at law or in equity. None of the money payable under ORS 344.511
to 344.690 and 344.710 to 344.730 shall be subject to execution, levy,
attachment, garnishment or other legal process or to the operation of any
bankruptcy or insolvency law. [Amended by 1963 c.522 §4]
     344.590
Appeal and hearing. Any
individual applying for or receiving vocational rehabilitation who is aggrieved
because of the Department of Human ServicesÂ’ decision or delay in making a
decision shall be entitled to appeal to the department, and opportunity for
hearing as a contested case shall be accorded as provided in ORS chapter 183
and chapter 734, Oregon Laws 1971. [Amended by 1967 c.552 §6; 1971 c.734 §38]
     Note: Legislative Counsel has substituted “chapter
734, Oregon Laws 1971,” for the words “this 1971 Act” in section 38, chapter
734, Oregon Laws 1971, compiled as 344.590. Specific ORS references have not
been substituted, pursuant to 173.160. The sections for which substitution
otherwise would be made may be determined by referring to the 1971 Comparative
Section Table located in Volume 20 of ORS.
     344.600
Unauthorized use of official rehabilitation data. Except for purposes directly connected with
the administration of vocational rehabilitation, and in accordance with the
rules and regulations of the Department of Human Services, no person shall
solicit, disclose, receive, make use of or authorize, knowingly permit,
participate in or acquiesce in the use of, any list of or names of, or any
information concerning persons applying for or receiving vocational
rehabilitation directly or indirectly derived from the records, papers, files
or communications of the state or subdivisions or agencies thereof, or acquired
in the course of the performance of official duties. [Amended by 1967 c.552 §7]
     344.610 [Amended by 1963 c.522 §5; repealed by 1965
c.100 §456]
     344.620
State Vocational Rehabilitation Account; federal funds; custody and
disbursement; records. (1)
There is established in the General Fund of the State Treasury a State
Vocational Rehabilitation Account. The account shall consist of all moneys made
available to the Department of Human Services for rehabilitation purposes. All
moneys in the account are continuously appropriated for the purposes of the
administration of ORS 344.511 to 344.690, 344.710 to 344.730 and 344.850.
     (2) The State Treasurer is designated
custodian of all funds received from the federal government for the purpose of
carrying out any federal Act pertaining to vocational rehabilitation. The State
Treasurer shall receive such funds and provide for their custody.
     (3) Disbursements from the State
Vocational Rehabilitation Account shall be made as directed by the department.
The department shall keep a record of all moneys deposited in such account. The
record shall indicate by separate cumulative accounts the source from which the
moneys are derived and the departmental activity against which each withdrawal
is charged. [Amended by 1967 c.552 §8; 1969 c.597 §167; 1983 c.297 §1; 2001
c.900 §58; 2005 c.755 §22]
     344.630
Gifts for rehabilitation purposes. The Department of Human Services may receive and accept such gifts,
donations and other funds from either public or private sources as may be
offered unconditionally or under such conditions as in the judgment of the
department are proper and consistent with the provisions of ORS 344.511 to
344.690 and 344.710 to 344.730. Gifts so accepted shall be held in trust for
investment, reinvestment and use in accordance with the conditions of the gift.
Such moneys shall be deposited in the State Treasury to the credit of the State
Vocational Rehabilitation Account. [Amended by 1967 c.552 §9]
     344.640 [Amended by 1953 c.674 §13; 1957 c.574 §1;
renumbered 344.810]
     344.650 [Renumbered 344.820]
     344.660 [Amended by 1953 c.674 §13; renumbered
344.830]
     344.670 [Renumbered 344.840]
     344.680 [1955 c.762 §3; renumbered 344.850]
     344.685
Vocational Rehabilitation Revolving Fund. (1) There is established the Vocational Rehabilitation Revolving Fund,
not to exceed the sum of $750,000, for the use of the Department of Human
Services. The revolving fund shall be deposited with the State Treasurer to be
held in a special account against which the department may draw checks for the
purposes of paying expenses of vocational rehabilitation services when it is
appropriate to make immediate payments for such services, including advance
payments to applicants for vocational rehabilitation.
     (2) Disbursements from the revolving fund
may be made by the department and all vouchers for payments made from the fund
shall be approved by the Director of Human Services. When payments are so
approved, reimbursements shall be made to the department revolving fund upon
order of the director out of funds in the State Vocational Rehabilitation
Account. [1967 c.483 §§2,4; 1969 c.597 §168; 1969 c.614 §§3,3a; 2001 c.900 §59]
     344.690
Advances to fund from account; repayment. (1) The warrants shall be drawn as provided by law in favor of the
Department of Human Services on funds in the State Vocational Rehabilitation
Account in the State Treasury. The funds so advanced shall be used by the
department for the revolving fund set forth in ORS 344.685 (1).
     (2) At any time during the biennium for
which the advances mentioned in subsection (1) of this section were made, upon
written request together with a check drawn on the Vocational Rehabilitation
Revolving Fund by the department, the Secretary of State shall return such
advances to the State Vocational Rehabilitation Account.
     (3)(a) The State Treasurer shall, from
time to time, advance from funds in the hands of the treasurer not required to
meet current demands, to the Vocational Rehabilitation Revolving Fund
established by ORS 344.685 (1), an amount not to exceed $40,000.
     (b) The amounts so advanced shall be
returned without interest by the department to the State Treasurer at times and
in amounts agreed upon between the State Treasurer and the department. [1967
c.483 §3; 1969 c.597 §170; 2001 c.900 §231]
REHABILITATION
FACILITIES
     344.710
Rehabilitation facility defined. As used in ORS 344.720 and 344.730, “rehabilitation facility” means a
nonprofit sheltered or community-based service established and operated by a
public or private organization to provide two or more of the following services
for individuals with disabilities:
     (1) Vocational assessment.
     (2) Community integration.
     (3) Training.
     (4) Employment. [1963 c.506 §2; 1989 c.224
§56; 1991 c.93 §6; 2003 c.14 §153]
     344.720
Establishment of rehabilitation facilities; application; approval. (1) Upon approval of the rehabilitation
facility and within the limits of available funds, the Department of Human
Services may make grants to assist rehabilitation facilities.
     (2) Applications for grants under
subsection (1) of this section shall be made in the manner and form and contain
the information required by the department.
     (3) The approval of the department
required by subsection (1) of this section shall be based on reasonable and
satisfactory assurance of:
     (a) Provision for vocational training and
employment experience to enable individuals with disabilities or severe
disabilities to participate in competitive employment when the physical
condition of the individual warrants such employment; and
     (b) Compliance with the rules of the
department applicable to rehabilitation facilities. [1963 c.506 §3; 1965 c.100 §441;
1967 c.552 §10; 1989 c.224 §57; 1991 c.93 §7; 2007 c.70 §111]
     344.730
Financial report. All
rehabilitation facilities which receive state aid under the provisions of ORS
344.710 to 344.730, on or before January 15, shall file with the Department of
Human Services a financial report on the preceding year in the form prescribed
by the department. [1963 c.506 §4; 1991 c.93 §8]
     344.735
State advisory committee; members; duties. (1) There is established a state advisory committee that shall
function solely in an advisory capacity to the Director of Human Services on
vocational rehabilitation services. The director shall appoint members to the
advisory committee. A majority of the advisory committee shall be persons with
disabilities.
     (2) The director shall include advisory
committee recommendations in the Department of Human ServicesÂ’ decision-making
process. The advisory committee shall:
     (a) Collect and study data and other
information and offer advice concerning specialized needs of specific client
groups;
     (b) Provide liaison between the department
and the rehabilitation community;
     (c) Review and suggest new and revised
legislation affecting the provision of vocational rehabilitation services to
Oregonians with disabilities;
     (d) Study, collect data and offer advice
regarding high priority issues identified by the department;
     (e) Consider items of statewide concern
relayed from regional advisory committees; and
     (f) Utilize regional committees as a
resource for gathering information as it relates to the individual areas.
     (3) Through the advisory committee, the
department shall take into account views of individuals and groups who are
recipients of vocational rehabilitation services, providers of vocational
rehabilitation services and others who are active in the vocational
rehabilitation field, in connection with matters of general policy, program
development and implementation. [1989 c.225 §1; 1999 c.59 §91; 2001 c.900 §60;
2007 c.70 §112]
     344.740 [1969 c.100 §1; 1973 c.517 §1; repealed by
1981 c.126 §6]
YOUTH
APPRENTICESHIP, TRAINING AND WORK BASED LEARNING PROGRAMS
     344.745
Youth apprenticeship, training and work based learning programs; number of
participants; qualifications; guidelines; credit. (1) The State Apprenticeship and Training
Council and the Department of Education shall establish youth apprenticeship
and training and work based learning programs to provide occupational skill
training for up to 2,000 individual high school students in each biennium.
Notwithstanding the limitation on the number of program participants, the
department and the Bureau of Labor and Industries may increase the number of
participants if federal funds become available for such an increase. In the
building and construction trades industries, there shall be a maximum of 100
youth apprentices or trainees per biennium. However, the council has the
authority to increase the number of youth apprentices in building and
construction trades on the basis of demonstrated industry need.
     (2) Participating students must be 16
years of age or older and must be enrolled in a high school professional
technical program that is applicable to the specific youth apprenticeship and
training or work based learning program for which they are applying. Students
must demonstrate mastery of the essential competencies contained in an approved
career exploration curriculum prior to being registered as a youth apprentice
or trainee. In licensed trades for building and construction and for the
operation of equipment and machinery defined as hazardous, on-the-job training
for students 16 or 17 years of age may be simulated cooperatively at a training
site.
     (3) Participating schools shall develop
and maintain a list of students eligible for youth apprenticeship and training
programs. In a cooperative effort, school districts, education service districts
and local apprenticeship and training committee members shall review and select
students for participation from the list of eligible students established under
this subsection.
     (4) Employers under ORS 660.002 to 660.210
shall cooperate with the State Director of Apprenticeship and Training through
the applicable apprenticeship committee to develop training guidelines
consistent with youth apprenticeship and training standards for a specific
trade. The guidelines shall provide listing of work processes and related
training to be done that will permit the student to acquire necessary skills.
The employer, school and youth apprentice shall evaluate monthly the studentÂ’s
progress in high school curriculum, related training and on-the-job training.
     (5) No registered youth apprentice or
trainee shall displace a regular employee of an approved employer. [1991 c.859 §1;
1993 c.45 §257; 1993 c.765 §27]
     344.747 [1993 c.765 §31; 1995 c.298 §2; repealed by
1997 c.652 §63]
     344.750
Ratios of apprentices or trainees; rules; workersÂ’ compensation coverage required;
wages; hours; removal. In
addition to the provisions of ORS 344.745, in each program:
     (1) The State Apprenticeship and Training
Council shall establish by rule appropriate youth apprentice or trainee ratios.
     (2) The employer shall provide workers’
compensation coverage for the youth apprentices and trainees as required by ORS
656.033.
     (3) The youth apprentice or trainee shall
begin at a wage that is not less than the state minimum wage.
     (4) Youth apprentices and trainees shall
be evaluated for wage increases consistent with the policies established by the
participating local apprenticeship or training committee.
     (5) Youth apprentices and trainees shall
not be employed on projects subject to the federal Davis-Bacon Act or on
projects subject to ORS 279C.800 to 279C.870, except ORS 279C.820, 279C.825,
279C.865 and 279C.870.
     (6) The youth apprentice’s or trainee’s
combined in-school coursework and related training, as well as on-the-job
training and other training experiences, shall not exceed 44 hours per week.
     (7) Employment with the employer shall not
exceed 20 hours per week while the student is enrolled in school classes. All
or a portion of the on-the-job training shall be used to meet graduation requirements.
     (8) Participating students who fail to
regularly attend and make satisfactory progress in in-school courses and
required related training or who leave high school prior to graduation or
completion of their high school requirements shall automatically be removed
from the youth apprenticeship program. [1991 c.859 §2; 1993 c.45 §258; 1993
c.765 §28; 1995 c.298 §1; 2003 c.794 §257]
     344.753
Employers eligible for reimbursement for costs of training programs; education
service credits. (1)
Employers who enter into written agreements with educational institutions and
who are providing training to participants in youth apprenticeship and training
or work based learning programs are eligible for reimbursement of expenses
incurred in the training process. These expenses may include wages paid to the
student, training costs for mentors and supervisors, equipment costs to set up
youth training capacity, curriculum development costs, costs of establishing
interfirm training centers or other costs necessitated by the training
agreement.
     (2) The amount of reimbursement shall be
50 percent of the actual cost of the investment, such reimbursement not to
exceed $2,500 per student who completes the agreed upon course of study. In the
event that a student drops out of the program through no fault of the employer,
the Department of Education may reimburse the employer for costs incurred to
that point.
     (3) Eligible employers may elect to
receive education service credits in lieu of the reimbursement provided in this
section. The amount of the education service credit shall equal the value of
the potential reimbursement on a dollar-for-dollar basis. Education service
credits may be used to purchase educational services provided to the employer
by school districts, education service districts, community colleges, the
Oregon University System or private providers approved by the Department of
Education.
     (4) Employers who terminate students
without the concurrence of the school forfeit all claim to reimbursements or
education service credits earned under this section.
     (5) The total amount of employer
reimbursement allowable under this section to all employers shall not exceed
the amount allocated therefor biennially from the Administrative Services
Economic Development Fund.
     (6) Reimbursements allowed under this
section must first be certified with regard to eligibility and availability of
funds pursuant to a method established by the Department of Education in
consultation with the Bureau of Labor and Industries. [1993 c.765 §32]
     344.755
Loss of eligibility for tax credit and for program participation. Training agents who terminate youth
apprentices without cause as determined by the appropriate apprenticeship
committee prior to completion of training or who violate ORS 344.745 or 344.750
or rules adopted pursuant thereto by the State Apprenticeship and Training
Council or the Department of Education, upon notice to the Department of
Revenue, may lose their eligibility for tax credits pursuant to ORS 315.254 and
318.031 and their eligibility to train and employ youth apprentices under ORS
315.254 and 344.745 to 344.757 for a period of one year. [1991 c.859 §8; 1993
c.45 §259]
     344.757
Gifts and grants. The
Department of Education and the Bureau of Labor and Industries may apply for
and obtain gifts and grants of money from any public or private source for the
use and benefit of youth apprenticeship and training or work based learning
programs and shall expend funds received in accordance with the terms of such
gifts or grants. [1993 c.765 §33]
ADULT
LITERACY
     344.760
Legislative findings on adult literacy. The Legislative Assembly finds that:
     (1) It is in the state’s interest to
ensure coordination of the various groups providing adult literacy services
within communities.
     (2) The demands created by new
technologies and foreign competition have intensified the need for a literate
workforce.
     (3) Community colleges are the major
providers of adult literacy to
     (4) Community colleges present the
opportunity of a statewide network able to link libraries, providers of
workforce development services, community schools, volunteer literacy groups
and other providers of literacy services and resources. [1987 c.190 §2; 1997
c.249 §108; 2001 c.684 §26]
     344.765
Establishment of literacy coalitions by community colleges. (1) Community colleges may establish local
literacy coalitions in the community college districts and in unserved areas in
order to enhance educational services to undereducated adults.
     (2) A literacy coalition in each district
shall inform community members as to the extent of literacy services available
in their area. The coalition shall endeavor to insure that community resources
are used effectively and try to make more services available to undereducated
adults through community efforts. [1987 c.190 §3]
     344.770
Short title. ORS 344.760 to
344.770 may be cited as the “Adult Literacy Act.” [1987 c.190 §1]
     344.810 [Formerly 344.640; 1965 c.285 §67b;
renumbered 656.616]
     344.820 [Formerly 344.650; 1965 c.285 §67c;
renumbered 656.728(1)]
     344.830 [Formerly 344.660; 1965 c.285 §67d;
renumbered 656.728(2)]
REHABILITATION
OF WORKERS
     344.840
Professional technical instruction in public schools for workers;
reimbursement. Upon
application of the Director of the Department of Consumer and Business
Services, the district school board of a school district which employs professional
technical instructors or maintains a professional technical training program
shall furnish to any person designated by the director such professional
technical instruction as is provided for district pupils when the facilities of
the district permit. The director shall cause to be paid to the district the
actual cost of such instruction as nearly as may be estimated by the district
school board. [Formerly 344.670; 1965 c.100 §442; 1993 c.45 §260]
     344.850
Reimbursements to Department of Human Services. All reimbursements to the Department of
Human Services made by the Department of Consumer and Business Services in
connection with rehabilitation services shall be deposited in the State
Vocational Rehabilitation Account and be included in the biennial budget of the
Department of Human Services. [Formerly 344.680; 1965 c.100 §443; 1983 c.297 §2]
     344.990 [Repealed by 1965 c.100 §456]
_______________
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