2007 Oregon Code - Chapter 345 :: Chapter 345 - Private Schools
Chapter 345 —
Private Schools
2007 EDITION
PRIVATE SCHOOLS
EDUCATION AND CULTURE
CAREER SCHOOLS
(Definitions)
345.010Â Â Â Â Definitions
for ORS 345.010 to 345.450 and 345.992 to 345.997
(Licensing)
345.015Â Â Â Â Application
of ORS 345.010 to 345.450
345.020Â Â Â Â Duty
and powers of Superintendent of Public Instruction; interest in career schools
prohibited
345.030Â Â Â Â Career
schools to be licensed; requirements; license nontransferable; display of
license
345.040Â Â Â Â Approval
of registration of agent required; bonding
345.060Â Â Â Â Appointment
of superintendent as agent for service of process; service of process
345.070Â Â Â Â Registered
agent identification credential; use
345.080Â Â Â Â License
and registration fees; disposition of fees; rules
345.110Â Â Â Â Tuition
Protection Fund; payments by schools; effect of failure to pay; claims;
superintendentÂ’s contracting authority
345.113Â Â Â Â Negotiability
of contract for student loan
345.115Â Â Â Â Refund
schedule as part of enrollment agreement; limit on advance deposit; when
default occurs; tuition refunds
345.117Â Â Â Â Address
of state department as part of agreement
345.120Â Â Â Â Investigations;
probation; suspension or revocation of licenses
345.210Â Â Â Â Proof
of license required in suit by career school, agent or employee
345.230Â Â Â Â Remedies
are additional
345.240Â Â Â Â Discrimination
prohibited; complaint
(Standards)
345.320Â Â Â Â Legislative
findings and purpose
345.325Â Â Â Â Minimum
standards; content; rules
345.330Â Â Â Â Advisory
committee; function
345.340Â Â Â Â Recommended
minimum standards
(Hair Design, Barbering, Esthetics and
345.400Â Â Â Â Regulation
of schools teaching hair design, barbering, esthetics or nail technology;
graduation requirements; rules
345.430Â Â Â Â Determination
of qualifications of out-of-state or out-of-country applicants to take board
test
345.440Â Â Â Â Safety
and sanitation inspections by Oregon Health Licensing Agency
345.450Â Â Â Â Annual
inspection fee; transfer
PRIVATE ELEMENTARY AND SECONDARY SCHOOLS
(Definitions)
345.505Â Â Â Â Definitions
for ORS 345.505 to 345.575
(Registration)
345.515Â Â Â Â Registration
with department
345.525Â Â Â Â Application
for registration; qualifications
345.535Â Â Â Â Criteria
for registration; rules
345.545Â Â Â Â Evaluation
and registration; expiration; renewal; lapse; notice on refusal to register
school
345.555Â Â Â Â Grounds
for suspension, revocation or denial of renewal; procedure
345.565Â Â Â Â Reports
to department
(Advisory Committee)
345.575Â Â Â Â Advisory
committee; members; duties
(Miscellaneous)
345.585Â Â Â Â Effect
of teaching experience in private school or career school
PENALTIES
345.990Â Â Â Â Criminal
penalties
345.992Â Â Â Â Civil
penalties
345.995Â Â Â Â Establishment
of schedule of civil penalties; rules; imposition of such penalties
345.997Â Â Â Â Civil
penalty credited to General Fund
CAREER SCHOOLS
(Definitions)
     345.010
Definitions for ORS 345.010 to 345.450 and 345.992 to 345.997. As used in ORS 345.010 to 345.450 and
345.992 to 345.997:
     (1) “Agent” means a person employed by or
for a career school for the purpose of procuring students, enrollees or
subscribers by solicitation in any form, made at a place or places other than
the school office or place of business of such school.
     (2) “Barbering” has the meaning given that
term in ORS 690.005.
     (3) “Board” means the State Board of
Education.
     (4) “Career school” or “school” means any
private proprietary professional, technical, home study, correspondence,
business or other school instruction, organization or person that offers any
instruction or training for the purpose or purported purpose of instructing,
training or preparing persons for any profession.
     (5) “Esthetics” has the meaning given in
ORS 690.005.
     (6) “Hair design” has the meaning given in
ORS 690.005.
     (7) “License” means the authority the
career school has been granted to operate under ORS 345.010 to 345.450.
     (8) “Nail technology” has the meaning
given in ORS 690.005.
     (9) “Registration” means the approval by
the Superintendent of Public Instruction of a teacher or agent to instruct in
or to represent the school.
     (10) “Superintendent” means Superintendent
of Public Instruction. [Amended by 1957 c.279 §1; 1961 c.268 §1; 1965 c.529 §12;
1973 c.239 §1; 1975 c.478 §1; 1977 c.886 §27; 1979 c.387 §1; 1987 c.31 §13;
1989 c.333 §1; 1993 c.267 §19; 1995 c.343 §1; 2005 c.117 §8]
(Licensing)
     345.015
Application of ORS 345.010 to 345.450. ORS 345.010 to 345.450 do not apply to:
     (1) Instruction or training solely
avocational or recreational in nature or to institutions offering such
education exclusively.
     (2) Schools that the Superintendent of
Public Instruction determines are adequately regulated by other means,
including but not limited to accreditation by the Northwest Association of
Schools and Colleges.
     (3) Instruction or training sponsored or
offered by a bona fide trade, business, professional or fraternal organization
or by a business solely for the organizationÂ’s membership or the businessÂ’s
employees.
     (4) Instruction or training sponsored,
offered or contracted by organizations, institutions or agencies, if the
instruction or training is advertised or promoted to be in the nature of
professional self-improvement but is not advertised or promoted as leading to
or fulfilling the requirements for licensing, certification, accreditation or
education credentials.
     (5) Any school approved by the Oregon
Student Assistance Commission to confer or offer to confer academic degrees
under ORS 348.606 or any school described in ORS 348.597.
     (6) Schools offering only review
instruction to prepare a student to take an examination to enter a profession,
where the student has completed prior training related to that profession.
     (7) Courses offered in hospitals which
meet standards prescribed by the American Medical Association or national
accrediting associations for nursing.
     (8) Schools offering only courses of an
advanced training or continuing educational nature when offered solely to
licensed practitioners and people previously qualified or employed in a related
profession.
     (9) Any parochial or denominational
institution providing instruction or training relating solely to religion and
which does not grant degrees. [Amended by 1961 c.268 §2; 1965 c.529 §13; 1975
c.478 §3; 1979 c.148 §1; 1979 c.387 §2; 1989 c.333 §2; 1993 c.45 §261; 1995
c.343 §2; 1997 c.652 §32; 2005 c.546 §7]
     345.020
Duty and powers of Superintendent of Public Instruction; interest in career
schools prohibited. (1) The
Superintendent of Public Instruction shall administer ORS 345.010 to 345.450
and 345.992 to 345.997 and shall enforce all laws and rules relating to the
licensing of career schools and agents.
     (2) The superintendent may establish procedures
whereby schools become eligible to participate in federal student assistance
programs if approved by the United States Department of Education.
     (3) The superintendent and the employees
of the Department of Education shall not have financial interests in any career
school and shall not act as agents or employees thereof. [Amended by 1955 c.527
§1; 1961 c.268 §3; 1975 c.478 §4; 1989 c.333 §3; 1995 c.343 §3]
     345.030
Career schools to be licensed; requirements; license nontransferable; display
of license. (1) No person
shall open, conduct or do business as a career school in this state without
obtaining a license under ORS 345.010 to 345.450.
     (2) A license to conduct a career school
shall be granted only after the applicant has presented proof satisfactory to
the Superintendent of Public Instruction or the representative thereof that the
applicant complies with applicable standards adopted under ORS 345.325. ORS
670.280 applies to individuals who hold positions of authority or control in
the operation of the school and to its faculty members and agents.
     (3) A career school licensed in any other
state must be licensed in this state before establishing a physical presence in
this state such as offices or agents, or both, for the purpose of solicitation
of students.
     (4) The school license is nontransferable.
The licensee must give 30 days prior notification to the Department of
Education when transferring ownership.
     (5) Each career school shall display its
license in a prominent place.
     (6) No career school shall be issued a
license or have its license renewed until the applicant furnishes the
superintendent a financial statement, certified true and accurate and signed by
the owner of the school.
     (7) No career school shall be issued a
license or have its license renewed until the applicant provides proof of
compliance with the tuition protection policy established by the State Board of
Education pursuant to ORS 345.110. [Amended by 1961 c.268 §4; paragraph (b) of
subsection (2) and subsection (3) formerly 345.050; 1975 c.478 §5; 1989 c.333 §4;
1993 c.45 §262; 1995 c.343 §4]
     345.040
Approval of registration of agent required; bonding. (1) No person shall act in this state as an
agent for a career school domiciled within or outside this state, unless the
Superintendent of Public Instruction has approved the agentÂ’s registration as a
part of the schoolÂ’s license under ORS 345.010 to 345.450. No person shall act
as an agent for a career school unless and until the career school has obtained
a license.
     (2) For the purposes of licensing and
student protection, persons acting as agents for a career school domiciled
within or outside this state are employees of the school and shall be included
under the schoolÂ’s bonding or student protection policy, or both. Agents shall
perform their duties and conduct their business in accordance with ORS 345.010
to 345.450.
     (3) An agent shall be a person who has
attained the age of 18 years, is of good moral character and is otherwise
competent and qualified to safeguard and protect the interests of the public. [Amended
by 1961 c.268 §5; 1973 c.827 §34; 1975 c.478 §6; 1979 c.744 §16; 1981 c.527 §1;
1989 c.333 §5; 1995 c.343 §5]
     345.050 [Amended by 1961 c.268 §6; renumbered as
part of 345.030]
     345.060
Appointment of superintendent as agent for service of process; service of
process. (1) Every agent for
a career school not domiciled in this state shall be held to have appointed the
Superintendent of Public Instruction as agent to accept service of all
summonses, pleadings, writs and processes in all actions or proceedings brought
against the applicant in this state. Service upon the superintendent shall be
taken and held in all courts to be as valid and binding as if personal service
thereof had been made upon the applicant within this state.
     (2) When any summons, pleading, writ or
process is served on the superintendent, service shall be by duplicate copies.
One of the duplicates shall be filed in the office of the superintendent and
the other immediately forwarded by certified mail to the agent thereby affected
or therein named, at the agentÂ’s last-known post-office address. If service is
of a summons, the plaintiff therein also shall cause the agent to be served
therewith in a manner provided by ORCP 7. [Amended by 1961 c.268 §7; 1975 c.478
§7; 1979 c.284 §138; 1989 c.333 §6; 1995 c.343 §6]
     345.070
Registered agent identification credential; use. The employing school shall issue an
identification credential to each agent registered under ORS 345.010 to 345.450
in the form and size prescribed by the Superintendent of Public Instruction.
Each agent shall carry the credential at all times while engaged as an agent of
the school. [Amended by 1961 c.268 §8; 1975 c.478 §8; 1989 c.333 §7]
     345.080
License and registration fees; disposition of fees; rules. (1) Before issuing any licenses under ORS
345.010 to 345.450, the Superintendent of Public Instruction shall collect the
following nonrefundable, annual license fees:
______________________________________________________________________________
     In-State Schools
    Â
     $             0     -     15,000                             $       450
           15,001     -     50,000                                      600
           50,001     -   125,000                                      750
         125,001     -   250,000                                   1,050
         250,001     -   500,000                                   1,350
         500,001     -   750,000                                   1,650
         750,001     - 1,000,000                                   1,950
              Over      1,000,000                                   2,250
     Out-of-State Schools
    Â
     $             0     -     50,000                             $    1,350
           50,001     -   250,000                                   1,650
         250,001     -   500,000                                   1,950
         500,001     -   750,000                                   2,250
         750,001     - 1,000,000                                   2,550
              Over      1,000,000                                   2,850
______________________________________________________________________________
     (2) The State Board of Education may
adopt, by rule, fees for teacher registration and fees for providing copies of
student transcripts maintained at the Department of Education.
     (3) All fees collected under this section
shall be paid to the credit of the department. Such moneys are continuously
appropriated to the department and shall be used for the administration of the
licensing program under ORS 345.010 to 345.450. [Amended by 1955 c.527 §2; 1961
c.268 §9; 1975 c.478 §9; 1989 c.333 §8; 1993 c.45 §263; 1993 c.413 §5; 1999
c.638 §1; 2003 c.540 §1]
     345.090 [Amended by 1961 c.268 §10; repealed by 1975
c.478 §29]
     345.100 [Amended by 1961 c.268 §11; 1975 c.478 §10;
repealed by 1989 c.333 §25]
     345.110
Tuition Protection Fund; payments by schools; effect of failure to pay; claims;
superintendentÂ’s contracting authority. (1) The Tuition Protection Fund is established separate and distinct
from the General Fund. Interest earned by the fund shall be credited to the fund.
Proceeds of the fund are continuously appropriated to the Department of
Education to protect students when a career school ceases to provide
educational services and for administrative expenses incurred under subsection
(5) of this section.
     (2) The Superintendent of Public
Instruction shall maintain and administer the fund, and the State Board of
Education shall adopt by rule procedures governing the administration and
maintenance of the fund, including requirements relating to contributions to
and claims against the fund.
     (3) Each career school shall pay to the
Tuition Protection Fund an initial capitalization deposit in amounts and within
time limits established by rule of the board. Thereafter, each school shall
make installment payments based on a matrix adopted by rule of the board. In
establishing the amount and frequency of payments, the board may consider the
enrollment and financial condition of each school and such other factors as the
board considers appropriate. The superintendent may deny, suspend or revoke the
license of a school which fails to make payments or fails to conform to other
requirements of this section or rules adopted by the board under this section.
     (4) The superintendent shall deposit
moneys received under this section with the State Treasurer in the Tuition
Protection Fund.
     (5) The superintendent may disburse moneys
from the fund by checks or orders drawn upon the State Treasurer in conformance
with rules of the board and only for tuition protection purposes, including the
superintendentÂ’s costs in administering and maintaining the fund.
     (6) The superintendent may enter into
contracts to carry out the purposes of the fund. The provisions of ORS 279.835
to 279.855 and ORS chapters 279A and 279B do not apply to contracts entered
into under this subsection. [Amended by 1975 c.478 §11; 1981 c.897 §49; 1989
c.333 §9; 1991 c.534 §4; 1993 c.45 §264; 1995 c.343 §7; 2003 c.540 §2; 2003
c.794 §257a]
     345.113
Negotiability of contract for student loan. (1) In any contract for the provision of instruction or training or
other services by a career school on credit entered into between a career
school and a student, or between a lending institution which regularly loans
money to students of a particular career school and a prospective student of
that career school, such contract, note or any instrument or evidence of
indebtedness of the student shall have printed on the face thereof the words “Student
Loan.” Such contract, note, instrument or evidence of indebtedness with the
words “Student Loan” printed thereon shall not be a negotiable instrument
within the meaning of ORS chapter 73. However, this section shall have no force
or effect on the negotiability of any contract, promissory note, instrument or
other evidence of indebtedness owned or guaranteed or insured by any state or
federal governmental agency even though the contract, note, instrument or other
evidence of indebtedness contains the wording required by this subsection.
     (2) Notwithstanding the absence of such
notice on a contract, note, instrument or evidence of indebtedness arising out
of a contract for the provision of training or instruction or other services by
a career school, an assignee of the rights of the career school or lending
institution as described in subsection (1) of this section is subject to all
claims and defenses of the student against the career school or lending
institution arising out of the contract for provision of professional
instruction or training or other services. Any agreement to the contrary shall
be of no force or effect in limiting the rights of a student under this
section. The assigneeÂ’s liability under this section shall not exceed the
amount owing to the assignee at the time the claim or defense is asserted
against the assignee. The restrictions imposed by this subsection shall not
apply with respect to any promissory note, contract, instrument or other
evidence of indebtedness owned or guaranteed or insured by any state or federal
governmental agency even though said note, contract, instrument or other
evidence of indebtedness shall contain the words required by subsection (1) of
this section.
     (3) An assignee of a student loan who in
good faith enforces a security interest in property held by the student shall
not be liable to such student for punitive damages in an action for wrongful
repossession. The fact that a career school misrepresented the nature of the
training or instruction or other services shall not, of itself, make an
assignee’s repossession wrongful. [1975 c.478 §28; 1995 c.343 §8]
     345.115
Refund schedule as part of enrollment agreement; limit on advance deposit; when
default occurs; tuition refunds. (1) The enrollment agreement entered into between a person and a
career school for the purpose of obtaining instruction or training shall
contain a schedule for the refund of tuition, deposits and fees when the person
does not complete the course or program of instruction or training which was
the subject of the contract. No action or suit may be brought by a career
school or its assigns if the enrollment agreement does not contain this refund
schedule. This provision shall not limit the career schoolÂ’s right to defend
any action or suit brought by any person on a contract which does not contain
such a schedule.
     (2) The refund schedule required by
subsection (1) of this section shall be established by the Superintendent of
Public Instruction in consultation with the advisory committee appointed under
ORS 345.330. In establishing the refund schedule, the superintendent shall
consider:
     (a) The reasonable, obligated and fixed
costs of the career school, including but not limited to rent, personnel and
nonreturnable supplies.
     (b) The method of instruction.
     (c) The reasonable value of services
performed prior to cancellation of the course or program.
     (3) The superintendent may establish
varying refund schedules when the difference in services performed necessitates
separate schedules.
     (4) Nothing in this section is intended to
prevent a career school from requiring an advance deposit of tuition on behalf
of the person intending to enroll in a course or program offered by or through
the career school. However, the advance deposit shall be limited to 20 percent
of the total tuition and fees, excluding federal and state financial aid, unless
the State Board of Education determines by rule that larger advance deposits
are appropriate.
     (5) A school shall be considered in
default of the enrollment agreement when a course or program is discontinued or
canceled or the school closes prior to completion of contracted services. When
a school is in default, student tuition may be refunded on a pro rata basis if
the superintendent determines that the school has made provision for students
enrolled at the time of default to complete a comparable program at another
institution at no additional tuition cost to the student beyond the original
contract with the defaulting school. If the school does not make such
provision, a total refund of all tuition and fees shall be made to the
students. [1965 c.409 §2; 1967 c.67 §16; 1975 c.478 §12; 1989 c.333 §10; 1993
c.742 §78; 1995 c.343 §9]
     345.117
Address of state department as part of agreement. Any enrollment agreement used within this
state as a contract for instruction between a career school and a student shall
have printed or stamped upon it: “Any inquiry a student may have regarding this
contract may be made in writing to the school (name and address), or to the
Superintendent of Public Instruction, Department of Education, (current
address), Salem, Oregon (current zip code).” [1975 c.478 §22; 1989 c.333 §11;
1995 c.343 §10]
     345.120
Investigations; probation; suspension or revocation of licenses. (1) On the written complaint of any person,
the Superintendent of Public Instruction shall, and on the superintendentÂ’s own
motion may, investigate the actions of any career school or agent, or any
person who assumes to act in either capacity within this state.
     (2) As a result of the investigation, and
in addition to any penalty that may be imposed under ORS 345.992, the
superintendent may place a licensee on probation or may suspend or revoke any
license issued under ORS 345.010 to 345.450 when the licensee has:
     (a) Obtained a license by
misrepresentation.
     (b) Violated ORS 345.010 to 345.450 or any
applicable rule.
     (c) Ceased to engage in the business
authorized by the license.
     (d) Willfully used or employed any method,
act or practice declared unlawful by ORS 646.608.
     (3) When notice of suspension or
revocation is issued, the licensee shall be notified and, upon request, shall
be granted a contested case hearing under ORS 183.310 (2).
     (4) A licensee placed on probation must be
formally notified by the superintendent that it has deficiencies that must be
corrected within a time specified in the notice.
     (5) A licensee whose license is suspended
is prohibited from advertising, recruiting or enrolling students but may remain
in operation to complete training of students enrolled on the effective date of
the suspension.
     (6) A licensee whose license has been revoked
is not authorized to continue in operation on and after the effective date of
the revocation. [Amended by 1965 c.409 §3; 1975 c.478 §13; 1989 c.333 §12; 1993
c.45 §265; 1995 c.343 §11]
     345.130 [Repealed by 1975 c.478 §29]
     345.140 [Repealed by 1975 c.478.§29]
     345.150 [Amended by 1971 c.734 §39; repealed by 1975
c.478 §29]
     345.160 [Repealed by 1975 c.478 §29]
     345.170 [Repealed by 1975 c.478 §29]
     345.180 [Repealed by 1975 c.478 §29]
     345.190 [Repealed by 1975 c.478 §29 and by 1975
c.759 §17]
     345.200 [Repealed by 1975 c.478 §29 and by 1975
c.759 §17]
     345.210
Proof of license required in suit by career school, agent or employee. No career school or its agents or employees
shall bring or maintain any suit or action in any court in or of this state for
a cause of suit or action arising out of doing business as a career school in
this state, without alleging and proving that it has complied with the
applicable licensing provisions of ORS 345.010 to 345.450 and 345.992 to
345.997 at the time such cause of suit or action arose. [Amended by 1975 c.478 §14;
1989 c.333 §13; 1995 c.343 §12]
     345.220 [Amended by 1961 c.268 §12; 1965 c.529 §14;
repealed by 1975 c.478 §29]
     345.230
Remedies are additional. The
remedies provided in ORS 345.010 to 345.450 and 345.992 to 345.997 are in
addition to, and not exclusive of, any other remedies provided by law. [Amended
by 1975 c.478 §15; 1975 c.759 §17a; 1991 c.67 §85]
     345.240
Discrimination prohibited; complaint. (1) No career school licensed under ORS 345.010 to 345.450 shall
refuse admission to or discriminate in admission against or discriminate in
giving instruction to any person otherwise qualified.
     (2) Any violation of this section is an
unlawful practice under ORS chapter 659A. Any person unlawfully discriminated
against under this section may file a complaint under ORS 659A.820 with the
Commissioner of the Bureau of Labor and Industries.
     (3) A certified copy of a finding by the
Commissioner of the Bureau of Labor and Industries under ORS 659A.850 that the
school has violated this section shall be adequate proof of the violation.
     (4) As used in this section, “discriminate”
has the meaning given “discrimination” in ORS 659.850. [Amended by 1957 c.724 §11;
1973 c.714 §4; 1989 c.333 §14; 1993 c.45 §266; 1995 c.343 §13; 2001 c.621 §77]
     345.250 [Amended by 1957 c.724 §12; repealed by 1989
c.333 §26]
     345.310 [1965 c.529 §2; repealed by 1975 c.478 §29]
(Standards)
     345.320
Legislative findings and purpose. (1) The Legislative Assembly finds that career schools are capable of
increasing the educational opportunities available in this state or to
residents of this state and of making a contribution to the social and economic
progress of the people of this state. Career schools offer different approaches
to education than do public schools and are often able to provide professional,
technical and placement assistance not otherwise available.
     (2) It is the purpose of ORS 345.010 to
345.450 to provide for the protection, education and welfare of the citizens of
this state, its career schools and its students, by establishing minimum
standards concerning quality of education, ethical and business practices,
health and safety and fiscal responsibility, and protecting against
substandard, transient, unethical, deceptive or fraudulent practices. [1965
c.529 §3; 1975 c.478 §2; 1993 c.45 §267; 1995 c.343 §14]
     345.325
Minimum standards; content; rules. The State Board of Education shall adopt by rule minimum standards for
the licensing of career schools under ORS 345.010 to 345.450 that are
reasonably calculated to ensure that:
     (1) The quality and content of each course
or program of instruction can achieve its stated objective;
     (2) The facilities, instructional
equipment and materials are sufficient to enable students to achieve the
program goals and are adequate for the purposes of the program;
     (3) The directors, administrators and
instructors are properly qualified;
     (4) Prior to an applicant signing an
enrollment agreement, the school provides the applicant with a catalog or
brochure that includes an accurate description of the program for which the
applicant is enrolling, total costs of tuition and fees and other information
specified by rule;
     (5) Upon satisfactory completion of
instruction and training, the student is given appropriate educational
credentials;
     (6) Adequate records and standard
transcripts are maintained;
     (7) The career school is maintained and
operated in compliance with all applicable ordinances and laws;
     (8) The career school is financially sound
and capable of fulfilling its commitments to students;
     (9) Neither the career school nor its
agents engage in advertising, sales, collection, credit or other practices of
any type which are unlawful under ORS 646.608;
     (10) The directors, administrators,
supervisors and instructors of the school are of good reputation and character,
except that a school shall not be placed on probation or a license shall not be
denied, suspended or revoked because a faculty member has been convicted of a
crime except as authorized under ORS 670.280;
     (11) Any student housing owned, maintained
or approved by the career school is appropriate, safe and adequate;
     (12) The school has a written placement
assistance plan; and
     (13) A license application from a new
school or an application for approval of a new program from an existing school
shall include labor market information that identifies the need for the new
school or program. [1975 c.478 §21; 1979 c.744 §17; 1989 c.333 §15; 1993 c.45 §268;
1995 c.343 §15]
     345.330
Advisory committee; function.
(1) The Superintendent of Public Instruction shall appoint a representative
advisory committee consisting of 11 members who shall serve for terms of three
years ending June 30. Of the membership of the committee:
     (a) Seven members shall be persons
affiliated with career schools as owners, directors, administrators,
instructors or representatives, but not more than one member shall represent an
out-of-state career school.
     (b) Four members shall be persons who are
not eligible under paragraph (a) of this subsection. At least one of these
members shall have graduated from a career school.
     (2) The advisory committee appointed under
subsection (1) of this section shall:
     (a) Make recommendations to the
superintendent and State Board of Education concerning the need for
professional and technical instructional and training facilities, the types of
instruction and training needed and by whom these can best be provided.
     (b) Recommend standards for career schools
as provided in ORS 345.325 which are consistent with the purposes of such
schools.
     (c) Investigate and present findings to
the State Board of Education on the administration and operation of laws
relating to career schools. However, the investigations and findings of the advisory
committee do not affect the authority of the superintendent to issue, deny,
suspend or revoke the license of any career school.
     (d) Consult with the superintendent in
determining the refund schedule under ORS 345.115.
     (e) Make recommendations to the
superintendent concerning rule development for ORS 345.010 to 345.450 and
345.992 to 345.997.
     (3) Members of the advisory committee are
entitled to compensation and expenses as provided in ORS 292.495 from funds
appropriated to the Department of Education for purposes of administering ORS
345.010 to 345.450. [1965 c.529 §4; 1967 c.67 §17; 1975 c.478 §16; 1989 c.333 §16;
1993 c.45 §269; 1995 c.343 §16]
     345.340
Recommended minimum standards.
Consistent with the requirements of ORS 345.325, the advisory committee shall
recommend to the State Board of Education minimum standards for the operation
of career schools. In making its recommendations, the committee shall consider
changes in technological, economic and social conditions which affect
employment needs, opportunities and skills. [1965 c.529 §5; 1975 c.478 §18;
1995 c.343 §17]
     345.350 [1965 c.529 §§6,10; repealed by 1975 c.478 §29]
     345.360 [1965 c.529 §7; repealed by 1975 c.478 §29]
     345.370 [1965 c.529 §8; 1975 c.478 §19; repealed by
1989 c.333 §26]
     345.380 [1965 c.529 §11; repealed by 1975 c.478 §29]
(Hair Design,
Barbering, Esthetics and
     345.400
Regulation of schools teaching hair design, barbering, esthetics or nail
technology; graduation requirements; rules. In addition to the other requirements of ORS 345.010 to 345.450, the
rules adopted by the State Board of Education to regulate schools teaching hair
design, barbering, esthetics or nail technology:
     (1) May include rules the board considers
necessary to protect the economic or physical health and safety of the public
and of the students attending the school including compliance with ORS 345.110.
     (2) Shall include rules that set standards
for teachers teaching in schools licensed to teach hair design, barbering,
esthetics or nail technology pursuant to ORS 345.010 to 345.450.
     (3) Shall require the schools to teach,
and require for graduation from the school, courses that meet the following
minimum standards:
     (a)(A) A minimum hourly training
requirement for:
     (i) Hair design, 1,450 hours;
     (ii) Barbering, 1,100 hours;
     (iii) Esthetics, 250 hours; and
     (iv) Nail technology, 350 hours; and
     (B) In addition to the programs listed in
this subsection, a student is also required to successfully complete the
following requirements once:
     (i) Safety and sanitation, 150 hours; and
     (ii) Career development, 100 hours.
     (b) A student competency-based training
requirement for hair design, barbering, esthetics or nail technology, if the
school has developed written requirements for graduation that are approved by
the Superintendent of Public Instruction. [1977 c.886 §29; 1987 c.31 §14; 1989
c.333 §17; 1991 c.67 §86; 1993 c.45 §270; 1993 c.267 §20; 1995 c.79 §188; 1995
c.343 §18; 2005 c.117 §9]
     345.410 [1977 c.886 §30; 1987 c.31 §15; repealed by
1989 c.333 §26]
     345.420 [1977 c.886 §31; 1983 c.151 §23; 1989 c.333 §18;
1993 c.45 §271; repealed by 1993 c.742 §77]
     345.430
Determination of qualifications of out-of-state or out-of-country applicants to
take board test. At the request
of the Board of Cosmetology, the Superintendent of Public Instruction shall
determine whether a person from out-of-state or out-of-country seeking a
certificate in hair design, barbering, esthetics or nail technology is
qualified to take the test of the Board of Cosmetology. A determination shall
be made by an evaluation of academic transcripts, apprenticeship records and
work experience documentation. If documentation is not available, the
superintendent may refer the person to a career school for evaluation and
recommendation. [1977 c.886 §33; 1987 c.31 §16; 1989 c.333 §19; 1993 c.267 §21;
1995 c.343 §19; 1999 c.425 §27; 2005 c.117 §10]
     345.440
Safety and sanitation inspections by Oregon Health Licensing Agency. Safety and sanitation inspections performed
in schools licensed under ORS 345.010 to 345.450 to teach hair design,
barbering, esthetics or nail technology shall be conducted by the Oregon Health
Licensing Agency. [1977 c.886 §34; 1987 c.31 §17; 1987 c.414 §150; 1993 c.45 §272;
1993 c.267 §22; 1995 c.343 §19a; 2001 c.104 §120; 2005 c.117 §11; 2005 c.648 §119]
     345.450
Annual inspection fee; transfer. (1) In addition to the fees required by ORS 345.080, before issuing
any license under ORS 345.010 to 345.450 to a school teaching hair design, barbering,
esthetics or nail technology, and annually thereafter, the Department of
Education shall collect a nonrefundable annual inspection fee of $100.
     (2) The inspection fee collected under
subsection (1) of this section shall be transferred to the Oregon Health
Licensing Agency for inspections performed under ORS 345.440. [1977 c.886 §35;
1987 c.31 §18; 1987 c.414 §151; 1989 c.333 §20; 1993 c.45 §273; 1993 c.267 §23;
1995 c.343 §19b; 2001 c.104 §121; 2005 c.117 §12; 2005 c.648 §120]
     345.460 [Formerly 690.275; 1989 c.333 §21; 1989
c.491 §52a; 1993 c.45 §274; repealed by 1995 c.343 §72]
     345.470 [Formerly 690.087; 1989 c.333 §22; 1993 c.45
§275; repealed by 1995 c.343 §72]
PRIVATE ELEMENTARY
AND SECONDARY SCHOOLS
(Definitions)
     345.505
Definitions for ORS 345.505 to 345.575. As used in ORS 345.505 to 345.575 unless the context requires
otherwise:
     (1) “Educational services” means
instructional programs but does not include programs limited solely to dancing,
drama, music, religious or athletic instruction.
     (2) “Private school” means a private
elementary or secondary school operated by a person or by a private agency
except as provided in ORS 339.030 (1)(d) or (e), offering education in
prekindergarten, kindergarten, or grades 1 through 12 or any part thereof. [1975
c.557 §1; 1979 c.271 §1; 1985 c.579 §4; 1989 c.619 §5; 1991 c.67 §87; 1993 c.45
§276; 1999 c.59 §92; 1999 c.717 §6; 2007 c.407 §5]
(Registration)
     345.515
Registration with department.
A school may be registered as a private school with the Department of Education
in the manner provided in ORS 345.505 to 345.575. [1975 c.557 §2; 1993 c.45 §277]
     345.525
Application for registration; qualifications. (1) The owner or operator of a private school, or the superintendent
or principal thereof, may apply to the Department of Education for registration
of the school by submitting an application therefor on a form provided by the
department.
     (2) In order to become registered, the
applicant must demonstrate to the satisfaction of the department that:
     (a) The teachers in the applicant schools
are possessed of those qualifications necessary to establish the applicantÂ’s
fitness as a teacher, but such qualifications shall not include the requirement
that teachers be licensed.
     (b) The applicant and the school employees
are qualified by education and experience to provide instruction at the grade
level or in the program to which they are assigned.
     (c) The facility at which the school is
located and the operation thereof are adequate to protect the health and safety
of the children enrolled therein, including but not limited to providing fire
protection and sanitation.
     (d) The curriculum in prekindergarten,
kindergarten and grades 1 through 12 shall be such that it will consider the
goals of modern education and the requirements of a sound, comprehensive
curriculum with particular emphasis on establishment of the highest practical
standards, and in secondary schools establishment of academic standards
necessary for students to qualify to attend community colleges and institutions
of higher education both within and without the State of Oregon. Courses shall
be taught for a period of time equivalent to that required for children
attending public schools in the 1994-1995 school year. [1975 c.557 §3; 1979 c.271
§2; 1993 c.45 §278; 1995 c.769 §3; 2005 c.22 §241]
     345.535
Criteria for registration; rules. (1) In adopting criteria for the registration of private schools, the
State Board of Education shall take into consideration the unique qualities of
private education while seeking to further the educational opportunities of
students enrolled in such schools.
     (2) After consultation with the advisory
committee appointed under ORS 345.575, the State Board of Education shall
establish by rule minimum criteria for the registration of private schools.
     (3) In establishing standards, the State
Board of Education shall comply with the rules of the State Fire Marshal and
the Department of Human Services relating to fire protection, health and
sanitation. [1975 c.557 §4; 1989 c.491 §53]
     345.545
Evaluation and registration; expiration; renewal; lapse; notice on refusal to
register school. (1) Upon
receipt of an application for registration, the Department of Education shall
evaluate the private school and shall register the school if it finds that the
school is in compliance with the requirements of ORS 345.525 and 345.535 and
the rules adopted pursuant thereto. The registration expires October 14 next
following its issuance. If the department refuses to register the school, it
shall notify the applicant and give its reasons for the refusal.
     (2) Registration under ORS 345.505 to
345.575 is renewable annually on or before October 15. Registration not renewed
before October 15 shall be considered lapsed and may only be renewed in the
manner required for initial registration. [1975 c.557 §5; 1979 c.387 §3]
     345.555
Grounds for suspension, revocation or denial of renewal; procedure. (1) A registration issued under ORS 345.545
may be suspended or revoked or renewal thereof denied if the Department of
Education finds:
     (a) The private school fails to comply
with the requirements of ORS 345.525 and 345.535 and the rules adopted pursuant
thereto.
     (b) A false statement is made in the
application for the registration or any information or report required under
ORS 345.505 to 345.575 or such information or report is not furnished when
required.
     (2) The procedures for suspension or
revocation or for refusal to issue or renew a registration under ORS 345.505 to
345.575 shall be considered a contested case within the meaning of ORS chapter
183 and the procedures applicable thereto shall apply to registrations under
ORS 345.505 to 345.575. [1975 c.557 §6]
     345.565
Reports to department. Every
registrant shall furnish promptly such reports and information as the State
Board of Education by rule requires. [1975 c.557 §7]
(Advisory
Committee)
     345.575
Advisory committee; members; duties. (1) An advisory committee of seven members is established, to be
appointed by the State Board of Education, on recommendation of the
Superintendent of Public Instruction. Six members shall be selected from
nominees of organizations of private schools and other segments of private
education. One additional member shall be a lay person who is not associated
with a private school. Members shall serve for a term of four years. No member
is eligible to serve more than two terms consecutively.
     (2) Members of the advisory committee
shall receive no compensation for their service.
     (3) The advisory committee shall advise
the board on minimum criteria for private schools and on matters pertaining to
the administration of ORS 345.505 to 345.575. [1975 c.557 §8]
(Miscellaneous)
     345.585
Effect of teaching experience in private school or career school. Teaching experience in a registered private
school, as defined in ORS 345.505, or licensed career school, as defined in ORS
345.010, shall apply to meeting the requirements of ORS 342.135 (3)(a), 342.136
and 342.138. [1975 c.557 §12; 1989 c.333 §23; 1993 c.45 §279; 1995 c.343 §20;
1997 c.383 §14]
PENALTIES
     345.990
Criminal penalties. (1)
Violation of any provision of ORS 345.020, 345.030, 345.070, 345.115 or 345.325
is a Class B misdemeanor.
     (2) Representation by a private school, as
defined in ORS 345.505, that it is registered pursuant to ORS 345.505 to
345.575 when it is not registered is a Class C misdemeanor. [Amended by 1975
c.478 §26; subsection (2) enacted as 1975 c.557 §9; 1993 c.45 §280]
     345.992
Civil penalties. (1) In
addition to any other penalty provided by law, any person who violates any
provision of ORS 345.020, 345.030, 345.070, 345.115 or 345.117, or who engages
in an unlawful trade practice as defined by ORS 646.608 shall incur a civil
penalty for each violation in the amount prescribed by the schedule adopted
under ORS 345.995.
     (2) Civil penalties under this section
shall be imposed as provided in ORS 183.745. [1975 c.478 §23; 1991 c.734 §17]
     345.995
Establishment of schedule of civil penalties; rules; imposition of such
penalties. (1) After consultation
with the advisory committee established under ORS 345.330, the State Board of
Education shall adopt by rule a schedule or schedules establishing the amount
of civil penalty that may be imposed for a particular violation of ORS 345.010
to 345.450. No civil penalty shall exceed $500 per violation. The board shall
consult with the Attorney General before adopting the schedule of penalties for
violations of ORS 345.120 (2)(d).
     (2) In imposing a penalty for violation of
ORS 345.010 to 345.450 pursuant to the schedule or schedules authorized by this
section, the Superintendent of Public Instruction shall consider the following
factors:
     (a) The past history of the person
incurring a penalty in taking all feasible steps or procedures necessary or
appropriate to correct any violation.
     (b) Any prior violations of ORS 345.010 to
345.450 or rules adopted pursuant thereto.
     (c) The economic and financial conditions
of the person incurring a penalty.
     (3) The penalty imposed under this section
may be remitted or mitigated upon such terms and conditions as the
superintendent considers proper and consistent with the public welfare.
     (4) The superintendent may impose
penalties which may be remitted or mitigated on condition that a particular
violation not continue or occur after a certain period not to exceed 15 days. [1975
c.478 §24; 1991 c.67 §88; 1993 c.45 §281]
     345.997
Civil penalty credited to General Fund. All penalties recovered under ORS 345.992 shall be paid into the State
Treasury and credited to the General Fund. [1975 c.478 §25; 1989 c.706 §11;
1991 c.734 §18]
_______________
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