2007 Oregon Code - Chapter 351 :: Chapter 351 - Higher Education Generally
Chapter 351 —
Higher Education Generally
2007 EDITION
HIGHER EDUCATION GENERALLY
EDUCATION AND CULTURE
POLICY ON HIGHER EDUCATION
351.001Â Â Â Â Legislative
findings
351.003Â Â Â Â Additional
findings
351.005Â Â Â Â Higher
education an important public purpose
351.007Â Â Â Â Intent
to promote and enhance higher education
351.009Â Â Â Â Mission
of higher education
DEPARTMENT OF HIGHER EDUCATION
(State Board)
351.010Â Â Â Â State
Board of Higher Education
351.020Â Â Â Â Directors;
appointment; confirmation
351.040Â Â Â Â Term;
removal; compensation and expenses of directors
351.050Â Â Â Â President;
meetings; quorum
351.060Â Â Â Â Board
general powers as to control and management of property; power as to
litigation; delegation of powers
351.065Â Â Â Â Consent
of, access to and control of personnel records; rules
351.067Â Â Â Â Sources
of compensation for officers and employees; potential conflict of interest;
reporting; rules applicable to outside employment and activities
351.070Â Â Â Â Board
general powers as to higher education and institutions; personnel system;
public improvement contracts; rules; fees; student records
351.072Â Â Â Â Adoption
of certain standards not subject to rulemaking procedures; limitations
(Chancellor)
351.075Â Â Â Â Chancellor
of Oregon University System; appointment; qualifications; compensation
351.077Â Â Â Â Implementation
of minority teacher recruitment plans
351.085Â Â Â Â Duties
and powers of chancellor
(Administration)
351.086Â Â Â Â Oregon
University System exemption from certain laws; authority to contract with
public agencies
351.087Â Â Â Â Policies
for operation of Oregon University System; transfer of authority from Oregon
Department of Administrative Services
351.088Â Â Â Â Establishment
of adjudicative procedures
351.090Â Â Â Â Standardization
of accounts and records; preparation of budget; allocation of funds
351.092Â Â Â Â Acquisition,
installation and use of data processing equipment
351.094Â Â Â Â Provision
of group insurance for employees; expense reimbursement plan; deferred
compensation plan
351.097Â Â Â Â Payment
of salaries or compensation; payroll; overpayment
351.100Â Â Â Â Advertising
and publicity
351.105Â Â Â Â Rules
for minimum content of alcohol and drug abuse policy
351.110Â Â Â Â Relationship
with Legislative Assembly
351.115Â Â Â Â Four-year
and five-year options for teacher education programs
351.117Â Â Â Â American
Sign Language courses; development of curricula; teacher programs;
identification of needs and resources
351.130Â Â Â Â Encouragement
of gifts to institutions; Higher Education Donation Fund; use of gifts
351.140Â Â Â Â Board
power to purchase real property
351.150Â Â Â Â Title
to institution realty; conveyances
351.153    “Structure”
defined
351.155Â Â Â Â Authority
to sell forest products on institution realty; mineral and geothermal resources
leases
351.160Â Â Â Â Building
construction
351.165Â Â Â Â Report
on capital construction projects
351.170Â Â Â Â Charges
for use of buildings; student building fee; disposition of receipts
351.180Â Â Â Â Building
insurance
351.190Â Â Â Â Acquisition
of land for building purposes
351.200Â Â Â Â Board
power over higher education curricula and departments
351.203Â Â Â Â Cooperation
with Education and Workforce Policy Advisor; cooperation with Oregon Student
Assistance Commission mediation process; compliance with certain commission
decisions
351.205Â Â Â Â Interchange
of faculty members with schools outside
351.210Â Â Â Â Disposition
of unnecessary equipment, goods, supplies, material and information technology
351.220Â Â Â Â Acquisition
of intellectual property
351.230Â Â Â Â Management,
development and disposition of intellectual property
351.240Â Â Â Â Terms
and conditions of transactions in intellectual property; dissemination of
information
351.250Â Â Â Â Disposition
of revenue; Higher Education Invention Fund
351.260Â Â Â Â Planning
assistance
351.267Â Â Â Â Notice
of reasonable assurance of continued employment; effect of failure to give
notice
351.277Â Â Â Â Officially
sanctioned programs for use of state-owned vehicles; rules
FINANCES
(Generally)
351.300Â Â Â Â Legislative
finding on need for stabilized funding
351.310Â Â Â Â BoardÂ’s
general financial power; appropriation of moneys received by board
351.315Â Â Â Â Borrowing
money and issuing bonds for purchase of real property
351.317Â Â Â Â Obligations
under ORS 351.140 or 351.315 not indebtedness of state or board
351.320Â Â Â Â Prorating
expenses
351.340Â Â Â Â Use
of moneys
(Bonds)
351.345Â Â Â Â Bond
issue for higher education and community college projects
351.350Â Â Â Â Bond
issue for self-liquidating higher education purposes
(Temporary
provisions relating to issuance of bonds are compiled as notes following ORS
351.350)
351.353Â Â Â Â Construction
of parking facilities; bonds
351.356Â Â Â Â Financial
agreements
351.440Â Â Â Â
351.450Â Â Â Â Higher
Education Bond Building Fund; subfunds
351.455Â Â Â Â Use
of moneys in subfund realized from sale of Article XI-F(1) bonds and revenue
bonds
351.456Â Â Â Â Use
of moneys in subfund realized from sale of Article XI-F(1) bonds
351.460Â Â Â Â Higher
Education Bond Sinking Fund
351.470Â Â Â Â Temporary
bonds
351.500Â Â Â Â Repealed
statutes continued effective until bonds redeemed
(Federal Funds)
351.505Â Â Â Â Federal
aid; donations; acceptance and use
(Funds and Accounts)
(Temporary
provisions relating to higher education facilities are compiled as notes
preceding ORS 351.507)
351.507Â Â Â Â
351.508Â Â Â Â
351.509Â Â Â Â
351.511Â Â Â Â
351.513Â Â Â Â Southern
351.515Â Â Â Â University
of Oregon Theatre Complex Account
351.516Â Â Â Â Eastern
351.517Â Â Â Â
351.518Â Â Â Â University
of
351.519Â Â Â Â
351.521Â Â Â Â
351.523Â Â Â Â Campus
Development Project Account
351.524Â Â Â Â Southern
351.526Â Â Â Â Millar
351.528Â Â Â Â Urban
Center Phase I Project Account
351.529Â Â Â Â
351.532Â Â Â Â
351.533Â Â Â Â
351.534Â Â Â Â
351.537Â Â Â Â Allen
Hall Phase II Project Account
351.538Â Â Â Â
351.539Â Â Â Â Straub
Hall Project Account
351.540Â Â Â Â Special
checking account of board
351.545Â Â Â Â Higher
Education Isolation Facility Bond Sinking Fund
351.590Â Â Â Â Higher
Education Student Activities Fund
351.615Â Â Â Â Higher
351.626Â Â Â Â Department
of Higher Education Capital Construction Fund
351.627Â Â Â Â Higher
Education Capital Construction Fund
351.628Â Â Â Â Higher
Education Academic Modernization Account
351.633Â Â Â Â Form
of contract to be paid from Higher Education Capital Construction Fund
351.638Â Â Â Â Faculty
Recruitment Fund
STUDENTS
351.642Â Â Â Â Status
of members of Armed Forces; spouses and children
351.643Â Â Â Â Rights
of student in military ordered to active duty; rules
351.644Â Â Â Â Credit
for room, board, tuition and fees for student ordered to active duty; rules
351.646Â Â Â Â Credit
for education and training received while in Armed Forces; rules
351.647Â Â Â Â Nonresident
tuition in post-secondary educational institutions
351.649Â Â Â Â Student
journalists; student expression; civil action
351.653Â Â Â Â Interstate
agreements
ENGINEERING EDUCATION
351.663Â Â Â Â Engineering
and Technology Industry Council; establishment; membership; duties; investment
of fund
351.666Â Â Â Â Oregon
Engineering Investment Fund; uses; investment goal
351.668Â Â Â Â Use
of money in fund
VENTURE GRANT PROGRAM
351.692Â Â Â Â Venture
grant program; applicant requirements
351.695Â Â Â Â University
venture development funds; deposit; use; fee
351.697Â Â Â Â Purpose
of funds; disbursement; assessment; report
WESTERN REGIONAL HIGHER EDUCATION COMPACT
351.770Â Â Â Â Western
Regional Higher Education Compact ratified
351.780Â Â Â Â Compact
provisions
351.790Â Â Â Â Effective
time of compact
351.800Â Â Â Â Commission
members; appointment and removal
351.810Â Â Â Â Authority
to take action to achieve ends of compact
351.820Â Â Â Â Contracts
with commission to furnish out-of-state educational service to
351.830Â Â Â Â Selection
of
351.840Â Â Â Â Contracts
with commission to furnish educational service in
RESEARCH POLICY
351.865Â Â Â Â Definition
for ORS 351.865 to 351.890
351.870Â Â Â Â Findings
and policy for ORS 351.865 to 351.890
351.875Â Â Â Â Basic
Research Fund; uses
351.880Â Â Â Â Council
for Research Policy Recommendations
351.885Â Â Â Â Administration
of fund
351.890Â Â Â Â Short
title
POLICY ON HIGHER EDUCATION
     351.001
Legislative findings. The
Legislative Assembly finds that:
     (1) For its political well-being,
     (2) For its economic well-being,
     (3) For its cultural advancement,
     (4) For its survival,
     (5)
     (6) For their personal well-being,
individual Oregonians need to cultivate an advanced literacy essential to
leading productive and rewarding lives. This includes the capacity to think
logically and critically; to internalize and exemplify humane values; to write,
speak and figure clearly and accurately; to understand, in some depth, a
variety of psychological, historical, cultural, aesthetic and scientific
concepts and theories; and to master a range of occupational, professional,
avocational, social and personal skills. [1993 c.240 §1]
     351.003
Additional findings. In
addition to making the findings under ORS 351.001, the Legislative Assembly
finds that:
     (1) Oregonians need access to
post-secondary education opportunities throughout life in a variety of forms.
     (2) To meet the societal and individual
needs described under ORS 351.001, Oregonians have created and sustained, from
territorial days to the present, many and diverse institutions of higher
education, both independent and state-assisted.
     (3) These institutions have developed the
intellectual capacity of Oregonians and have prepared thousands of them for
productive and fulfilling careers.
     (4) These institutions provide educational
access to all segments of
     (5) These institutions provide research,
both basic and applied, that generates new knowledge and applies it to the
development of new products and processes essential for
     (6) These institutions provide public
service activities that engage the professional expertise of their faculties to
solve social problems.
     (7) These institutions share with our
communities many cultural activities and services of immense importance to the
quality of life enjoyed by Oregonians.
     (8) These institutions are expanding the
times, places and formats of course offerings.
     (9) Oregonians’ diverse educational needs
will be best met in an environment in which public and independent schools are
recognized as critical for meeting those needs. [1993 c.240 §2; 2001 c.964 §1]
     351.005
Higher education an important public purpose. Giving due consideration to the historical and continuing interest of
the people of the State of Oregon in encouraging deserving and qualified
citizens to realize their aspirations for higher education, the Legislative
Assembly declares that higher education for residents of Oregon who desire it
and are qualified to benefit from it is critical to the welfare and security of
this state and this nation and consequently is an important public purpose. [1993
c.240 §3]
     351.007
Intent to promote and enhance higher education. The Legislative Assembly declares its intent
to promote and enhance higher education in a manner that:
     (1) Enables citizens of all ages,
backgrounds and levels of income to participate in the search for knowledge and
individual development.
     (2) Stresses undergraduate teaching as a
high priority.
     (3) Provides for selected graduate and
professional programs that address state, national and global needs.
     (4) Encourages high quality research and
scholarship, both basic and applied, by its faculty and students.
     (5) Fosters diversity of educational opportunity.
     (6) Promotes service to the public.
     (7) Makes effective and efficient use of
human, physical and financial resources.
     (8) Encourages cooperation with other
educational institutions. [1993 c.240 §4]
     351.009
Mission of higher education.
The Legislative Assembly declares that the mission of all higher education in
     (1) Enable students to extend prior
educational experiences in order to reach their full potential as participating
and contributing citizens by helping them develop scientific, professional and
technological expertise, together with heightened intellectual, cultural and
humane sensitivities and a sense of purpose.
     (2) Create, collect, evaluate, store and
pass on the body of knowledge necessary to educate future generations.
     (3) Provide appropriate instructional,
research and public service programs to enrich the cultural life of
DEPARTMENT OF
HIGHER EDUCATION
(State Board)
     351.010
State Board of Higher Education. The Department of Higher Education shall be conducted under the
control of a board of 12 directors, to be known as the State Board of Higher
Education. The board shall consist of:
     (1) Two students, who at the time of their
appointment to the board, are admitted at different public institutions of
higher education in
     (2) One member of the faculty at
     (3) One member of the faculty at Eastern
Oregon University, Oregon Institute of Technology, Southern Oregon University
or
     (4) Eight members of the general public
who are not students or faculty at the time of their appointment. [Amended by
1973 c.379 §1; 1997 c.450 §1; 2007 c.290 §1]
     Note: Section 3, chapter 290, Oregon Laws 2007,
provides:
     Sec.
3. (1) The director on the
State Board of Higher Education who is a member of the faculty of a public
institution of higher education on the effective date of this 2007 Act [January
1, 2008] may continue to serve on the board until the directorÂ’s term of office
expires.
     (2) The Governor shall appoint the
additional faculty member required by the amendments to ORS 351.010 by section
1 of this 2007 Act so that the requirements of both ORS 351.010 (2) and (3) are
met. [2007 c.290 §3]
     351.020
Directors; appointment; confirmation. (1) The directors of the State Board of Higher Education shall be
residents of
     (2) To assist the Governor in making
appointments of the student members as provided in ORS 351.010, the duly
organized and recognized entities of student government at each state
institution of higher education shall submit a list of nominees to the
Governor. The entities are entitled to no more than three nominees per school.
The Governor shall consider these lists in the selection of the student members
to be appointed to the State Board of Higher Education.
     (3) To assist the Governor in making
appointments of the faculty members as provided in ORS 351.010, a duly
organized and recognized association of faculty members may submit a list of
nominees to the Governor. The Governor shall consider any submitted list in the
selection of the faculty members to be appointed to the State Board of Higher
Education.
     (4) When making an appointment of the
faculty members as provided in ORS 351.010, the Governor shall rotate the
appointments among representatives from various public institutions of higher
education to ensure equal representation among the institutions. [Amended by
1955 c.284 §1; 1969 c.695 §6; 1973 c.379 §2; 1997 c.450 §2; 2007 c.290 §2]
     351.030 [Repealed by 1961 c.167 §38 (171.560 enacted
in lieu of 351.030)]
     351.040
Term; removal; compensation and expenses of directors. (1) Directors of the State Board of Higher
Education shall hold office for a term of four years except for directors who
are students or faculty members at the time of appointment, whose terms shall
be two years. All terms begin July 1 of the year of appointment. No person may
be appointed to serve consecutively more than two full terms as a director. Any
person appointed to fill a vacancy occurring prior to the expiration of any
term shall be appointed for the remainder of such term.
     (2) The Governor may remove any member of
the board at any time for cause, after notice and public hearing, but not more
than three members shall be removed within a period of four years, unless it be
for corrupt conduct in office.
     (3) The directors are entitled to
compensation and expenses as provided in ORS 292.495. [Amended by 1961 c.167 §41;
1967 c.530 §8; 1969 c.314 §25; 1971 c.485 §3; 1973 c.379 §3; 1997 c.450 §3]
     351.050
President; meetings; quorum.
The board shall elect one of its members as president who shall serve for the
fiscal year for which the president is elected. The board shall meet regularly
once every three months at such times and places as the president may
determine. Special meetings may be called by the president upon the written
request of any six members of the board. Six members shall constitute a quorum
for the transaction of business. [Amended by 1973 c.379 §4; 1995 c.79 §190]
     351.060
Board general powers as to control and management of property; power as to litigation;
delegation of powers. The
State Board of Higher Education may:
     (1) Control and provide for, subject to
the conditions of this section, the custody and occupation of the grounds,
buildings, books, papers and documents belonging to each and all the
institutions, departments or activities under the control of the State Board of
Higher Education.
     (2) Manage, control and apply all property
of whatever nature given to or appropriated for the use, support or benefit of
any or all of the institutions, departments or activities under the control of
the State Board of Higher Education, according to the terms and conditions of
such gift or appropriation. Moneys received under this section shall be
deposited with the State Treasurer in an account or fund separate and distinct
from the General Fund. Interest earned by the account or fund shall be credited
to the account or fund.
     (3) Erect, improve, repair, maintain,
equip and furnish buildings, structures and lands for higher education.
     (4) Acquire, receive, hold, control,
convey, sell, manage, operate, lease, lend, invest, improve and develop any and
all property, real or personal:
     (a) Given to any of the institutions,
departments or activities under the control of the State Board of Higher
Education by private donors, whether such gifts are made to the State Board of
Higher Education or to the State of Oregon; or
     (b) Acquired by any other method or from
any source by the State Board of Higher Education for the benefit of any of the
institutions, departments or activities under the control of the board, except
for any structure, equipment or asset encumbered by a certificate of
participation.
     (5) Manage mineral and geothermal resource
rights and proceeds therefrom acquired or held for the state by the board
pursuant to this chapter and ORS chapter 567. This includes leasing mineral and
geothermal resource rights consistent with ORS 273.785.
     (6) Take and hold mortgages on real and
personal property acquired by way of gift or arising out of transactions entered
into in accordance with the powers, duties and authority given to the board by
this section, ORS 351.070 and 351.150.
     (7) Institute, maintain and participate in
suits and actions and other judicial proceedings, in the name of the State of
Oregon, for the foreclosure of such mortgages or for the purpose of carrying
into effect any and all of the powers, duties and authority given to the State
Board of Higher Education by this section and ORS 351.070 and 351.150.
     (8) Acquire, receive, hold, control, sell,
manage, operate, lease or lend any goods, supplies, materials, equipment,
services and information technology, for the use, support or benefit of any of
the institutions, departments or activities under the control of the board.
     (9) Delegate any of the powers, duties or
functions granted to the board under this section to any state institution of
higher education within the Oregon University System. [Amended by 1959 c.570 §1;
1975 c.771 §31a; 1985 c.443 §6; 1989 c.966 §33; 2001 c.453 §2; 2003 c.674 §6]
     351.065
Consent of, access to and control of personnel records; rules. (1) The State Board of Higher Education may,
for each institution, division and department under its control adopt rules and
specific orders by or through the institutional executive of each institution
governing access to personnel records of the institution, division or
department, which are less than 25 years old.
     (2) Rules adopted under subsection (1) of
this section shall require that personnel records be subjected to restrictions
on access unless upon a finding by the institutional executive that the public
interest in maintaining individual rights to privacy in an adequate educational
environment would not suffer by disclosure of such records. Access to such
records may be limited to designated classes of information or persons, or to
stated times and conditions, or to both, but cannot be limited for records more
than 25 years old.
     (3) No rule or order promulgated pursuant
to this section shall deny to a faculty member full access to the memberÂ’s
personnel file or records kept by the board or its institutions, schools or
departments, except as provided in paragraphs (d) and (e) of this subsection.
     (a) The number of files relating to the
evaluation of a faculty member shall be limited to three, to be kept in
designated, available locations.
     (b) Any evaluation received by telephone
shall be documented in each of the faculty memberÂ’s files by means of a written
summary of the conversation with the names of the conversants identified.
     (c) A faculty member shall be entitled to
submit, for placement in the three files, evidence rebutting, correcting,
amplifying or explaining any document contained therein and other material
which the member believes might be of assistance in the evaluation process.
     (d) Letters and other information
submitted in confidence to the board or its institutions, schools or
departments prior to July 1, 1975, shall be maintained in the files designated.
However, if a faculty member requests access to those files, the anonymity of
the contributor of letters and other information obtained prior to July 1,
1975, shall be protected. The full text shall be made available except that
portions of the text which would serve to identify the contributor shall be
excised by a faculty committee. Only the names of the contributors and the
excised portions of the documents may be kept in a file other than the three
prescribed by paragraph (a) of this subsection.
     (e) Confidential letters and other
information submitted to or solicited after July 1, 1975, by the board or its
institutions, schools or departments prior to the employment of a prospective
faculty member are exempt from the provisions of this section. However, if the
member is employed by the board or its institutions, schools or departments,
the confidential preemployment materials shall be placed in the three
authorized files. If a faculty member requests access to the memberÂ’s files,
the anonymity of the contributor of confidential preemployment letters and
other preemployment information shall be protected. The full text shall be made
available, except that portions of the text which would serve to identify the
contributor shall be excised and retained in a file other than the three
designated in paragraph (a) of this subsection.
     (f) Classroom survey evaluation by
students of a faculty memberÂ’s classroom or laboratory performance shall be
anonymous. The record of tabulated reports shall be placed in at least one of
the files designated in paragraph (a) of this subsection. All survey
instruments used to obtain evaluation data shall be returned to the faculty
member.
     (g) After July 1, 1975, the board, its
institutions, schools or departments when evaluating its employed faculty
members shall not solicit nor accept letters, documents or other materials,
given orally or in written form, from individuals or groups who wish their
identity kept anonymous or the information they provide kept confidential.
     (4) No rule or order promulgated pursuant
to this section limits the authority of the institution, division or department
to prepare, without identification of individual persons who have not consented
thereto, statistical or demographic reports from personnel records.
     (5) Any category of personnel records
specifically designated as confidential pursuant to valid rules or orders
pursuant to this section shall not be deemed a public record for the purposes
of ORS 192.420.
     (6) As used in this section, “personnel
records” means records containing information kept by the institution, division
or department concerning a faculty member and furnished by the faculty member
or by others about the faculty member at the memberÂ’s or at the institution,
division or departmentÂ’s request, including, but not limited to, information
concerning discipline, membership activity, employment performance or other
personal records of individual persons. [1971 c.566 §1; 1975 c.317 §1; 1979
c.159 §1]
     351.067
Sources of compensation for officers and employees; potential conflict of
interest; reporting; rules applicable to outside employment and activities. (1) In carrying out its authority under ORS
351.070, the State Board of Higher Education may authorize receipt of
compensation for any officer or employee of the Oregon University System from
private or public resources, including, but not limited to, income from:
     (a) Consulting;
     (b) Appearances and speeches;
     (c) Intellectual property conceived,
reduced to practice or originated and therefore owned within the Oregon
University System;
     (d) Providing services or other valuable
consideration for a private corporation, individual, or entity, whether paid in
cash or in-kind, stock or other equity interest, or anything of value
regardless of whether there is a licensing agreement between the Oregon University
System and the private entity; and
     (e) Performing public duties paid by
private organizations, including institution corporate affiliates, which
augment an officerÂ’s or employeeÂ’s publicly funded salary. Such income shall be
authorized and received in accordance with policies and rules established by
the board.
     (2) The board may not authorize
compensation, as defined in subsection (1) of this section, that, in the boardÂ’s
judgment, does not comport with the mission of the institution and the Oregon
University System or substantially interferes with an officerÂ’s or employeeÂ’s
duties to the Oregon University System.
     (3) Any compensation described and
authorized under subsection (1) of this section is considered official
compensation or reimbursement of expenses for purposes of ORS 244.040 and is
not considered an honorarium prohibited by ORS 244.042. If authorization or
receipt of the compensation creates a potential conflict of interest, the
officer or employee shall report the potential conflict in writing in
accordance with rules of the state board. The disclosure is a public record
subject to public inspection.
     (4) The state board shall adopt by rule
standards governing employee outside employment and activities, including
potential conflict of interest, as defined by state board rule and consistent
with ORS 244.020, and the public disclosure thereof, and procedures for
reporting and hearing potential or actual conflict of interest complaints. [1989
c.1090 §2; 1991 c.614 §1; 1993 c.743 §22a; 2003 c.14 §155; 2007 c.877 §26]
     Note: 351.067 was added to and made a part of ORS
chapter 351 by legislative action but was not added to any series therein. See
Preface to Oregon Revised Statutes for further explanation.
     351.070
Board general powers as to higher education and institutions; personnel system;
public improvement contracts; rules; fees; student records. (1) The Oregon University System, in
accordance with rules adopted by the State Board of Higher Education, shall
implement a personnel system and may engage in collective bargaining with its
employees. All collective bargaining with any certified or recognized exclusive
employee representative shall be under the direction and supervision of the
Chancellor of the Oregon University System. The Oregon University System shall
have payroll authority pursuant to ORS 292.043 to 292.180.
     (2)(a) The board shall establish
competitive procedures for the purchasing, procurement and contracting of
goods, services and information technology, for the benefit of the Oregon
University System and all the institutions, departments and activities therein.
The board may also establish exemptions from the competitive procedures when
appropriate.
     (b) The board shall ensure that the hourly
rate of wage paid by any contractor upon all public improvements contracts
undertaken for the board shall not be less than the same rate of wage as
determined by the Bureau of Labor and Industries for an hourÂ’s work in the same
trade or occupation in the locality where such labor is performed. Claims or
disputes arising under this subsection shall be decided by the Commissioner of
the Bureau of Labor and Industries.
     (c) The board shall adopt policies and
procedures that achieve results equal to or better than the standards existing
on July 17, 1995, regarding affirmative action, pay equity for comparable work,
recycling, the provision of workersÂ’ compensation insurance to workers on
contract and the participation of emerging small businesses and businesses
owned by minorities and women.
     (3) The board may, for each institution
under its control:
     (a) Appoint and employ a president and the
requisite number of professors, teachers and employees, and prescribe their
compensation and tenure of office or employment.
     (b) Demand and receive the interest
mentioned in ORS 352.510 and all sums due and accruing to the institutions of
higher education for admission and tuition therein, and apply the same, or so
much thereof as is necessary, to the payment of the compensation referred to in
paragraph (a) of this subsection and the other current expenses of the
institutions.
     (c) Prescribe fees for enrollment into the
institutions. Such enrollment fees shall include tuition for education and
general services and such other charges found by the board to be necessary to
carry out its educational programs. The board may award student aid from any
fund other than the General Fund.
     (d) Prescribe incidental fees for programs
under the supervision or control of the board found by the board, upon its own
motion or upon recommendation of the recognized student government of the
institution concerned, to be advantageous to the cultural or physical
development of students. Fees realized in excess of amounts allocated and
exceeding required reserves shall be considered surplus incidental fees and
shall be allocated for programs under the control of the board and found to be
advantageous to the cultural or physical development of students by the
institution president upon the recommendation of the recognized student
government at the institution concerned.
     (e) Upon recommendation of the recognized
student government, collect optional fees authorized by the institution
executive, for student activities not included in paragraph (c) or (d) of this
subsection. The payment of such optional fees shall be at the option and
selection of the student and shall not be a prerequisite of enrollment.
     (f) Confer, on the recommendation of the
faculty of any such institution, such degrees as usually are conferred by such
institutions, or as they deem appropriate.
     (g) Prescribe the qualifications for
admission into such institutions.
     (4) Subject to such delegation as the
board may decide to make to the institutions, divisions and departments under
its control, the board, for each institution, division and department under its
control:
     (a) Shall supervise the general course of
instruction therein, and the research, extension, educational and other
activities thereof.
     (b) Shall adopt rules and bylaws for the
government thereof, including the faculty, teachers, students and employees
therein.
     (c) Shall maintain cultural and physical
development services and facilities therefor and, in connection therewith, may
cooperate and enter into agreements with any person or governmental agency.
     (d) May contract to provide health
services at student health centers.
     (e) Shall provide health services at
student health centers to students.
     (f) May provide health services at student
health centers to any of the following:
     (A) Dependents of students.
     (B) Staff.
     (C) Faculty.
     (g) Shall prescribe and collect charges.
     (h) Shall adopt rules relating to the
creation, use, custody and disclosure, including access, of student education
records of the institutions that are consistent with the requirements of
applicable state and federal law. Whenever a student has attained 18 years of
age or is attending an institution of post-secondary education, the permission
or consent required of and the rights accorded to a parent of the student
regarding education records shall thereafter be required of and accorded to
only the student.
     (5) For each institution under its
jurisdiction, the board shall provide opportunities for part-time students to
obtain complete undergraduate degrees at unconventional times, which include
but are not limited to early morning and noon hours, evenings and weekends. In
administering these degree programs, the institution may use any educational
facility available for the use of the institution. [Amended by 1953 c.545 §2;
1971 c.375 §1; 1971 c.708 §9; 1973 c.331 §1; 1979 c.159 §2; 1989 c.308 §1; 1989
c.311 §1; 1989 c.492 §1; 1993 c.806 §7; 1995 c.612 §8; 1997 c.231 §1; 1999 c.59
§98; 2003 c.14 §156; 2003 c.674 §7; 2003 c.817 §1]
     351.072
Adoption of certain standards not subject to rulemaking procedures;
limitations. (1)
Notwithstanding ORS chapter 183, the following actions may be taken by the
State Board of Higher Education or the educational institutions under its
control without compliance with the rulemaking provisions of ORS chapter 183:
     (a) Adoption of standards, regulations,
policies or practices relating primarily to admissions, academic advancement,
classroom grading policy, the granting of academic credits, granting of
degrees, scholarships and similar academic matters.
     (b) Adoption of fees or fee schedules
relating to charges for symposiums, conferences, short courses, food, books or
other retail goods, prices of admission to athletic, entertainment or cultural
events or advertising rates in student or institutional publications. However,
student loan service charges, charges levied as penalties for prohibited
conduct, general tuition, building fees, incidental fees, health service fees
and residence hall and housing charges shall be adopted in accordance with the
provisions of ORS chapter 183.
     (2) Any standards, regulations, policies,
practices or fees adopted under this section by the State Board of Higher
Education or by any of the educational institutions under its control shall be
reduced to writing and made available to interested persons upon request. [1979
c.593 §31; 1989 c.492 §4]
     351.073 [1985 c.698 §1; renumbered 351.647 in 1997]
(Chancellor)
     351.075
Chancellor of
     (2) The chancellor and the assistants of
the chancellor shall be persons who by training and experience are well
qualified to perform the duties of their offices and to assist in carrying out
the functions of the board under ORS 351.010 to 351.070, 351.075 to 351.260, 351.310
to 351.615, 351.770 to 351.840, 352.002 to 352.006, 352.010 to 352.053,
352.230, 352.360, 352.370, 352.390, 352.400 and 352.510 to 352.760.
     (3) The State Board of Higher Education
shall fix the compensation of the chancellor and the assistants of the
chancellor. [1971 c.708 §10; 2001 c.382 §3; 2005 c.22 §248]
     351.077
Implementation of minority teacher recruitment plans. (1) Pursuant to ORS 342.447, the office of
the Chancellor of the Oregon University System shall ensure the implementation
of the plans developed for recruitment of minority teachers.
     (2) The chancellor shall report biennially
to the State Board of Higher Education and the Legislative Assembly on the
implementation and results of the plans. The report may include recommendations
on ways in which the Legislative Assembly can assist in increasing the number
of minority teachers. [1991 c.434 §5; 1995 c.79 §191]
     Note: 351.077 was made a part of ORS chapter 351
by legislative action but was not added to any smaller series therein. See Preface
to Oregon Revised Statutes for further explanation.
     351.080 [Repealed by 1961 c.238 §1]
     351.085
Duties and powers of chancellor. The Chancellor of the Oregon University System shall exercise, under
the direction of the State Board of Higher Education, the administrative
authority necessary to carry out the policies of the board with respect to the
institutions, departments or activities under the control of the board. In
carrying out the duties of the chancellor, the chancellor shall:
     (1) Act as administrative officer of the
State Board of Higher Education.
     (2) Maintain a centralized service program
for all institutions, departments and activities, including but not limited to,
accounting, statistical services, capital construction, management analysis,
legal services, academic affairs and educational research.
     (3) Collect and compile information and
statistics relative to the operation of the institutions, departments and
activities of the State Board of Higher Education.
     (4) Prepare and submit to the State Board
of Higher Education an annual operating budget for all institutions,
departments and activities of the board.
     (5) Oversee the preparation and submission
to the State Board of Higher Education of the biennial budget requests of the
institutions, departments and activities for consideration by the board as the
budget request to the Governor under ORS 351.090. The chancellor shall provide
analyses of the budget requests of the institutions, departments and
activities, including in such analyses alternative considerations as may be
necessary or desirable for the board in the adoption of its budget request.
     (6) Appoint, subject to the State
Personnel Relations Law, and with the approval of the State Board of Higher
Education, such personnel as may be necessary for the performance of the duties
of the chancellor.
     (7) Designate, if the chancellor wishes,
one or more suitable persons to sign or countersign warrants, vouchers,
certificates, or other papers and documents requiring the signature of the
chancellor.
     (8) Prepare the agendas for State Board of
Higher Education meetings and provide an analysis of proposals made to the
board, including such alternatives as may be necessary or desirable for their
consideration, and make recommendations thereon.
     (9) Prepare and submit to the State Board
of Higher Education on or about December 31 of each year an annual report in
which the chancellor describes the principal activities of the Department of
Higher Education during the fiscal year ending June 30. The report shall
include a statement of all funds received, the source or sources from which
received, the expenditure and disbursement of all funds and the purposes for
which they were expended. The report shall contain a statement of the number of
students enrolled in each institution, department or activity, the number of
degrees conferred, the improvements made and new courses of instruction added,
together with a statement showing in a general way the status of all activities
and functions of the State Board of Higher Education.
     (10) Keep a record of the transactions of
the State Board of Higher Education.
     (11) Have the custody of all books,
papers, documents and other property belonging to the State Board of Higher
Education.
     (12) Give such instructions as may be
necessary to carry out the directives of the State Board of Higher Education
and forward them to the various institution presidents and heads of departments
and activities.
     (13) Provide for meetings of the
presidents and principal executives of the institutions, departments and
activities, at such times as the State Board of Higher Education may direct,
such meetings to be open to any member of the board. At such meetings, the
executives of the Department of Higher Education may propose policies or policy
changes or statements for consideration by the board and develop
recommendations concerning allocations of funds.
     (14) Perform such other administrative
assistance and consider other administrative matters as the State Board of
Higher Education may require. [1971 c.708 §11; 1987 c.158 §62; 1995 c.79 §192]
(Administration)
     351.086
     (2) Notwithstanding subsection (1) of this
section, ORS 240.167, 240.185, 279A.065 (2), 279B.055 (3), 279C.380 (1)(a) and
(3), 279C.600 to 279C.625, 279C.800, 279C.810, 279C.825, 279C.830, 279C.835,
279C.840, 279C.845, 279C.850, 279C.855, 279C.860, 279C.865, 279C.870 and
292.043 apply to the Oregon University System.
     (3) Notwithstanding any other law, the
following provisions do not apply to the Oregon University System:
     (a) ORS 182.310 to 182.400;
     (b) ORS 273.413 to 273.456;
     (c) ORS 276.071 and 276.072; and
     (d) ORS 291.038.
     (4) Notwithstanding subsection (3)(b) of
this section, ORS 273.413 to 273.456 apply to any structure, equipment or asset
owned by the Oregon University System that is encumbered by a certificate of
participation.
     (5) In carrying out the duties, functions
and powers imposed by law upon the Oregon University System, the State Board of
Higher Education or the Chancellor of the Oregon University System may contract
with any public agency for the performance of such duties, functions and powers
as the Oregon University System considers appropriate. [1995 c.612 §2; 1997
c.802 §16; 1999 c.210 §1; 2003 c.562 §3; 2003 c.674 §8; 2003 c.794 §259a; 2007
c.71 §97]
     Note: 351.086, 351.087, 351.092, 351.094 and
351.097 were added to and made a part of ORS chapter 351 by legislative action
but were not added to any smaller series therein. See Preface to Oregon Revised
Statutes for further explanation.
     351.087
Policies for operation of
     (2) For the purpose of clarifying areas of
oversight and in accordance with subsection (1) of this section, wherever the
Oregon Department of Administrative Services would otherwise have authority
over administrative matters concerning the performance, operating policies or
structure of the Oregon University System, that authority shall be transferred
to the State Board of Higher Education. [1995 c.612 §4]
     Note: See note under 351.086.
     351.088
Establishment of adjudicative procedures. Notwithstanding ORS chapter 183, the State Board of Higher Education
or any state institution of higher education under the jurisdiction of the
board may, by rule, establish adjudicative procedures that are consistent with federal
and state constitutional requirements and other provisions of law. The
adjudicative procedures shall be consistent with ORS 183.413 to 183.497 and
183.502 whenever the type of hearing or procedure required is substantially of
the character that would necessitate the procedures required by ORS 183.413 to
183.470. [1999 c.70 §2; 2007 c.288 §14]
     351.090
Standardization of accounts and records; preparation of budget; allocation of
funds. The State Board of
Higher Education shall prescribe for all state-supported higher educational
institutions a standardized system of accounts and records. The board shall
prepare biennially, at such time as the Governor shall require, a report to the
Governor containing the proposed budget for the succeeding biennium covering in
detail the purposes for which all expenditures shall be made. In preparation of
this budget the board may allocate to the respective institutions over which it
is authorized to exercise supervision and control all funds then available and
all funds which under laws then existing become available during the succeeding
biennium from all sources, so far as they can be ascertained, in accordance
with the boardÂ’s higher educational development program.
     351.092
Acquisition, installation and use of data processing equipment. Notwithstanding ORS 293.595, the State Board
of Higher Education shall control and supervise the acquisition, installation
and use of all data processing equipment to be used primarily for the purposes
of the accounting records and accounting system of the Oregon University
System. The board may authorize use of that equipment for other purposes to the
extent that use for those other purposes does not conflict with use for the
primary purpose of the Oregon University SystemÂ’s accounting records and
accounting system. [1995 c.612 §7]
     Note: See note under 351.086.
     351.094
Provision of group insurance for employees; expense reimbursement plan; deferred
compensation plan. (1)
Notwithstanding any other provision of law, the Oregon University System shall
provide group insurance to its employees through the Public EmployeesÂ’ Benefit
Board, but may elect, at the discretion of the State Board of Higher Education,
to provide alternative benefit plans to its employees, should the same level of
benefits be available at a lower cost than through the Public EmployeesÂ’
Benefit Board.
     (2) For the purposes of ORS 243.555 to
243.575, if the State Board of Higher Education chooses not to participate in
the benefit plans offered through the Public EmployeesÂ’ Benefit Board, the
State Board of Higher Education may have the authority granted to the Public
EmployeesÂ’ Benefit Board under ORS 243.555 to 243.575 for the administration of
an appropriate expense reimbursement plan.
     (3) The Oregon University System shall
offer a deferred compensation plan for its employees. The Oregon University
System shall, at the discretion of the board, choose whether to offer its
employees the state deferred compensation plan established under ORS 243.401 to
243.507 or another deferred compensation plan that the board elects to make
available to the employees of the Oregon University System. [1995 c.612 §5;
1997 c.179 §29; 1997 c.222 §52]
     Note: See note under 351.086.
     351.095 [1971 c.708 §8; repealed by 1983 c.194 §1]
     351.097
Payment of salaries or compensation; payroll; overpayment. (1) The payment of salary or compensation of
the officers, teachers, instructors and other employees of the Oregon
University System, where such salary or compensation is payable out of the
State Treasury and is fixed by law or the State Board of Higher Education at a
definite rate per hour, day, week, month or year, shall be made weekly,
biweekly, semimonthly or monthly with any necessary adjustments, as provided in
this section.
     (2) With the approval of the board, the
Chancellor of the Oregon University System shall make out, certify and transmit
to the board at the end of each pay period a payroll, duly verified by the
chancellor or other designated officer and approved by the proper auditing
committee or officer, showing the names of the several officers, teachers,
instructors and other employees during the preceding payroll period, the rate
of compensation of each by the hour, day, week, month or year, the time
employed, the amount due and any other facts the board requires. The board, if
it approves the payroll, shall draw a warrant on the State Treasurer for the
aggregate amount allowed in favor of the chancellor, who shall immediately pay
over the moneys received to the several parties entitled thereto and take
receipts therefor, which shall be transmitted to the board.
     (3) Notwithstanding subsection (2) of this
section or any other law and pursuant to ORS 293.330, the State Board of Higher
Education may authorize the chancellor to designate a person employed by and
located at each institution of higher education under the jurisdiction of the
board to implement and administer the payroll system selected by the board to
pay employees designated by the board. The person shall be under bond to the
State of
     (4) When an employee receives payment of
salary or compensation in an amount greater than the employeeÂ’s entitlement,
the amount of the overpayment may be deducted from salary or compensation
earned by the employee. The deduction may be in such form and manner as the
State Board of Higher Education may prescribe. [1995 c.612 §6; 1999 c.202 §1;
1999 c.560 §1]
     Note: See note under 351.086.
     351.100
Advertising and publicity.
All advertising and publicity on behalf of all branches of state-supported
higher education shall emanate from and bear the name of the Department of
Higher Education, and shall be conducted in such a way as to present to the
citizens of the state and prospective students a fair and impartial view of the
higher educational facilities provided by the state and the prospects for
useful employment in the various fields for which those facilities afford
preparation.
     351.105
Rules for minimum content of alcohol and drug abuse policy. In order to carry out the duties described
in ORS 352.008, the State Board of Higher Education, in consultation with the
Department of Human Services, shall adopt by rule, as a minimum, descriptions
of the content of what shall be included in the policy and plan described in
ORS 352.008. [1989 c.1076 §5]
     Note: 351.105 was made a part of ORS chapter 351
by legislative action but was not added to any smaller series therein. See
Preface to Oregon Revised Statutes for further explanation.
     351.110
Relationship with Legislative Assembly. All relationships and negotiations between the Legislative Assembly
and its various committees and the institutions of higher education shall be
carried on through the Department of Higher Education. No subordinate official
representing any of the separate institutions shall appear before the
Legislative Assembly or any committee except upon the written authority of the
State Board of Higher Education. [Amended by 1999 c.59 §99]
     351.115
Four-year and five-year options for teacher education programs. The Oregon University System shall offer a
diversity of teacher education programs, inclusive of four-year and five-year
options for completion of the programs. Both of these options shall qualify for
teacher licensing of persons completing the programs. [1989 c.690 §2]
     Note: 351.115 was added to and made a part of ORS
chapter 351 by legislative action but was not added to any series therein. See
Preface to Oregon Revised Statutes for further explanation.
     351.117
American Sign Language courses; development of curricula; teacher programs;
identification of needs and resources. (1) If the State Board of Higher Education determines that enrollment
is sufficient to make an American Sign Language class economically viable and
if qualified instructors are available, the board may offer to students courses
for credit in American Sign Language at any institution of higher education
within the Oregon University System. Such courses shall satisfy any second
language elective requirement.
     (2) The State Board of Higher Education is
encouraged to continue to:
     (a) Coordinate with the State Board of
Education and the
     (b) Implement programs to locate and
prepare qualified teachers and interpreters of American Sign Language; and
     (c) Assist institutions of higher
education in identifying local and regional needs and resources available for
American Sign Language courses. [1995 c.687 §3; 2007 c.858 §82]
     Note: 351.117 was enacted into law by the
Legislative Assembly but was not added to or made a part of ORS chapter 351 or
any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
     351.120 [Amended by 1959 c.564 §14; renumbered
351.605 and then 348.210]
     351.130
Encouragement of gifts to institutions; Higher Education Donation Fund; use of
gifts. (1) The State Board
of Higher Education shall encourage gifts to the institutions by faithfully
devoting such funds to the institution for which intended. All gifts and
donations received are appropriated to be used in accordance with the terms of
the gift. Such gifts shall be placed by the State Treasurer to the credit of a
separate fund to be known as the Higher Education Donation Fund, separate and distinct
from the General Fund.
     (2) Subject to the terms of the gift, such
gifts to the Department of Higher Education may be invested by the State
Treasurer. The State Treasurer shall credit to the Higher Education Donation
Fund any interest or other income derived from the investment of such fund.
     (3) The interest, income, dividends or
profits received on any property or funds of the Department of Higher Education
derived from gifts, legacies, devises, bequests or endowments are continuously
appropriated to the use, maintenance and support of the Department of Higher
Education in the same manner as the principal or corpus of each such gift or
donation in accordance with the terms of the gift.
     (4) As used in this section, “gifts”
includes funds donated to the Department of Higher Education to which by
agreement the donor receives consideration in return for the gift or retains a
reversionary interest but does not include grant or contract funds received
from government sources. [Amended by 1987 c.102 §2; 1989 c.966 §34; 1995 c.110 §1]
     351.140
Board power to purchase real property. (1) The State Board of Higher Education may purchase such real
property as in its sole discretion may be necessary for the present or future
development of any of the schools or institutions under its jurisdiction. The
board may enter into contracts of purchase or agreements which it deems
necessary in carrying out this authorization.
     (2) The board may apply any funds coming
into its hands, and applicable thereto, toward the purchase of property
authorized under this section. The board may also mortgage or pledge any
property so purchased, or its contracts to purchase, or in relation thereto,
together with the income from such property, to secure the payment of the
purchase price thereof.
     351.150
Title to institution realty; conveyances. Legal title to all real property acquired by any of the institutions
under the control of the State Board of Higher Education shall be taken and
held in the name of the State of
     351.153
“Structure” defined. As used
in ORS 351.160, 351.170, 351.180, 351.350, 351.440 and 351.450, “structure”
includes, but is not limited to, paving, sidewalks, curbs, gutters, sewers,
drainage works, vehicular parking facilities, lighting facilities, retaining
walls and other constructed or erected improvements to real property. [1971
c.361 §2]
     351.155
Authority to sell forest products on institution realty; mineral and geothermal
resources leases.
Notwithstanding the applicable provisions of ORS 279.835 to 279.855, 279A.140
to 279A.155, 279A.250 to 279A.290, 279A.990, 279B.200 to 279B.240, 279B.270,
279B.275, 279B.280, 279C.360, 279C.365, 279C.370, 279C.375, 279C.380, 279C.385,
279C.500 to 279C.530, 279C.540, 279C.545, 279C.600 to 279C.625, 279C.650 to
279C.670 and 279C.800 to 279C.870, the State Board of Higher Education may, in
the management of all forestlands under its control and supervision, sell the
forest products on such lands in the same manner as is provided in ORS 530.059,
and for that purpose the State Board of Higher Education shall have the same
powers with respect to experimental or research projects in the field of
forestland management or for forest product utilization on forestlands under
its control as the State Forester has pursuant to the provisions of ORS 530.050
and 530.059. In the management of its forestlands, the State Board of Higher
Education may lease mineral and geothermal resource rights as provided in ORS
351.060 (5). [1961 c.134 §1; 2001 c.453 §3; 2003 c.794 §260]
     351.160
Building construction. (1)
The State Board of Higher Education may undertake the construction of any
building or structure for higher education when, in the judgment of the board,
it appears that the building or structure will be wholly self-liquidating and
self-supporting from revenues to accrue from the operation thereof and from
gifts, grants or building fees, and from unobligated revenues of buildings or
projects of like character. The board may enter into contracts for the
erection, improvement, repair, equipping and furnishing of buildings and
structures for dormitories, housing, boarding, off-street motor vehicle parking
facilities and other purposes for higher education pursuant to Article XI-F(1)
of the Oregon Constitution, ORS 351.160 to 351.190, 351.350 to 351.460 and
351.505.
     (2) The board may also undertake the
construction of those buildings and structures that are designated by the
Legislative Assembly for higher education institutions and activities, and may
enter into contracts with persons, firms or corporations for the erection,
improvement, repair, equipping and furnishing of such buildings and structures
pursuant to Article XI-G of the Oregon Constitution and ORS 351.345. [Amended
by 1963 c.573 §5; 1963 c.584 §2; 1991 c.220 §8]
     351.165
Report on capital construction projects. No later than March 1 of each odd-numbered year, the State Board of
Higher Education shall submit a report to the Legislative Assembly concerning
the status of all previously approved Department of Higher Education capital
construction projects that have not been completed or have been completed
within the preceding 24-month period. The report shall include the project
title, funding sources, the amount of the original appropriation or expenditure
limitation, the amount of unexpected funds, the construction status and the
anticipated completion date. [1991 c.647 §3; reenacted by 1993 c.538 §2;
reenacted by 1995 c.254 §4]
     Note: 351.165 was made a part of ORS chapter 351
by legislative action but was not added to any smaller series therein. See
Preface to Oregon Revised Statutes for further explanation.
     351.170
Charges for use of buildings; student building fee; disposition of receipts. (1) The State Board of Higher Education
shall establish such rates, charges and fees for use of buildings, structures
or projects referred to in ORS 351.160 (1), including revenue-producing
buildings and structures already constructed, as, in the judgment of the board,
will provide the required revenues to make the particular new building, project
or structure self-liquidating and self-supporting, and as will provide the
funds with which to amortize the principal of and pay the interest on the bonds
issued to finance such buildings, structures or projects.
     (2) The board shall charge and collect
from each regular student a building fee at a rate not to exceed $45 for each
regular term, for not less than three terms in each regular academic year, and
not to exceed $67.50 if instruction is on a semester basis, or an equivalent
rate of charge when instruction is on a different basis. The board is
authorized to maintain adequate sinking funds for bonds outstanding. The fee
shall be in addition to tuition and other fees charged to students and shall be
deposited with the State Treasurer and credited to the appropriate subfund of
the Higher Education Bond Sinking Fund. [Amended by 1963 c.638 §3; 1963 c.584 §3;
1975 c.331 §13; 1989 c.794 §1; 1997 c.555 §1; 2001 c.523 §1]
     351.180
Building insurance. The
State Board of Higher Education may cause the buildings, structures or projects
referred to in ORS 351.160 and 351.170 and the equipment and furnishings
therein and the appurtenances thereto to be insured against fire and other hazards
in such sums as will protect the holders of the outstanding bonds issued to
finance the cost thereof. Such insurance shall be in lieu of that afforded by
the Insurance Fund, without right of insurers, in the event of loss, to
subrogation to or contribution from said fund. [Amended by 1963 c.584 §4; 1985
c.731 §27]
     351.190
Acquisition of land for building purposes. The State Board of Higher Education may obtain, by donation, purchase,
agreement or condemnation, the title to any land authorized to be acquired by
ORS 351.345, 351.350 and 351.450. Condemnation proceedings instituted by the
board shall be conducted in accordance with ORS chapter 35. [Amended by 1957
c.720 §1; 1963 c.548 §5; 1971 c.741 §25]
     351.195 [1957 c.585 §1; 1969 c.349 §3; repealed by
1975 c.771 §33]
     351.200
Board power over higher education curricula and departments. (1) The State Board of Higher Education
shall visit all state institutions of higher education under its jurisdiction
for the purpose of inquiring as to the work offered and conducted at such
institutions, whenever and as often as it may deem necessary. The board shall
specifically determine from time to time as occasion may require what courses
or departments, if any, shall not, in its judgment, be duplicated in the several
higher educational institutions. The board may direct the elimination of
duplicate work from any institution, and determine and define the courses of
study and departments to be offered and conducted by each institution.
     (2) A record of such determination shall
be kept by the board. The board shall notify the Governor of such determination
and each institution affected shall conform thereto.
     (3) If any changes are made in the
curricula of any institution, the change shall become effective at the beginning
of the school year following the determination.
     (4) Any person may appear before the board
of higher education at any meeting for the purpose of laying before the board
any data or arguments for the maintaining or elimination of any duplicated course
or department. [Amended by 1989 c.492 §2; 1993 c.98 §16]
     351.203
Cooperation with Education and Workforce Policy Advisor; cooperation with
     (2) The board shall cooperate with the
mediation process administered by the Oregon Student Assistance Commission
pursuant to ORS 348.603 and, if a negotiated resolution cannot be reached by
mediation, comply with the decisions of the commission regarding proposed new
post-secondary programs and proposed new post-secondary locations, including
those proposed by Oregon Health and Science University in cooperation with the
board under ORS 353.440. [1975 c.553 §12; 1997 c.652 §36; 1999 c.291 §16a]
     351.205
Interchange of faculty members with schools outside
     351.210
Disposition of unnecessary equipment, goods, supplies, material and information
technology. (1) The State
Board of Higher Education may sell or otherwise dispose of any worn out,
obsolete or otherwise unsuitable equipment, goods, supplies, material or
information technology, the disposal of which would in the boardÂ’s judgment be
to the financial benefit of the institutions under the boardÂ’s control. This
section does not apply to any equipment, goods, supplies, material or
information technology encumbered by a certificate of participation.
     (2) The board may delegate any of its
duties, functions or powers granted to the board under this section to the
Chancellor of the Oregon University System or any state institution of higher
education within the Oregon University System.
     (3) The proceeds from any sales or
disposals made pursuant to authority granted in this section shall be deposited
in the State Treasury to the credit of the Department of Higher Education and
may be expended by the board for any purpose authorized by law in the same
manner as the board is authorized to make other expenditures. Any moneys
deposited in the State Treasury under this section are continuously
appropriated to the department. [Amended by 2003 c.674 §9]
     351.220
Acquisition of intellectual property. The State Board of Higher Education may acquire by gift or by purchase
interests in intellectual property of any kind, whether patentable or
copyrightable or not, including patents, copyrights, inventions, discoveries,
processes and ideas. The board may also agree to aid in the development of
property acquired pursuant to ORS 351.220 to 351.250 and to pay an assignor of
any interest in intellectual property a share of any moneys received on account
of the board’s ownership or management of the property. [1953 c.332 §1]
     351.230
Management, development and disposition of intellectual property. The State Board of Higher Education may
manage, develop or dispose of by assignment, sale, lease, license or other
action deemed advisable by the board, property acquired under ORS 351.220, and
may contract with any person or agency, board, commission or department of this
or any other state or with the federal government regarding the management,
development or disposition thereof. The board may make gratuitous assignments
of such property to any trust or fund, the sole beneficiary of which is the
State Board of Higher Education or any of the institutions or activities under
its control, subject to the share, if any, agreed to be paid to the assignor.
The board may reassign such property to the inventor, author or discoverer. [1953
c.332 §2]
     351.240
Terms and conditions of transactions in intellectual property; dissemination of
information. (1) The State
Board of Higher Education may determine the terms and conditions of any
transaction authorized by ORS 351.220 to 351.250 and need not require
competitive bids in connection therewith. No formal publicity or advertising is
required regarding property for the development of which the board wishes to
contract, but the board shall make reasonable efforts to disseminate such
information in appropriate research and industrial circles.
     (2) The board may delegate any of the
duties, functions and powers granted to the board under ORS 351.220 to 351.250
to any state institution of higher education within the Oregon University
System. [1953 c.332 §4; 2003 c.674 §10]
     351.250
Disposition of revenue; Higher Education Invention Fund. Moneys received by the board as a result of
ownership or management of property acquired under ORS 351.220 to 351.250 or of
transactions regarding such property shall be credited to a special fund in the
State Treasury, separate and distinct from the General Fund, to be designated “Higher
Education Invention Fund” and shall only be applied by the State Board of
Higher Education to payment of the agreed share, if any, to assignors, and for
the advancement of research or for the acquisition and development of
intellectual property, or both. Interest earned by the fund shall be credited
to the fund. [1953 c.332 §5; 1989 c.966 §35]
     351.260
Planning assistance. The
State Board of Higher Education may establish and maintain planning facilities
and undertake planning work for the provision of, or related to, local planning
services and may:
     (1) Upon the request of the governing body
of any municipality, county, Indian reservation or of a regional or joint
planning agency in the state, provide planning assistance to such municipality,
county, Indian reservation or planning agency (including surveys, land use
studies, urban renewal plans, technical services and other planning work) and
make or assist in making a study or report upon any planning problem of such
municipality, county, Indian reservation or planning agency.
     (2) Agree with such governing body or
planning agency as to the amount to be paid to the board for such service.
     (3) Apply for and accept grants from the
federal government and other sources in connection with any such planning work.
     (4) Contract with respect thereto. [1955
c.536 §1; 1965 c.456 §1]
     351.265 [1965 c.496 §1; 1975 c.553 §1; renumbered
348.705]
     351.267
Notice of reasonable assurance of continued employment; effect of failure to
give notice. (1) The State
Board of Higher Education shall give individual, written notice of reasonable
assurance of continued employment to all employees who are to perform services
in the same or a similar capacity during a subsequent academic year or term or
in the period immediately following a recess period. Such notice shall be given
by June 15 of each year for employees employed as of that date and as of the
date of hire for employees employed subsequent to June 15.
     (2) Academic staff members on annual or
indefinite tenure and all other employees on regular status are considered to
have been given notice for the purposes of this section.
     (3) No liability shall accrue from failure
to give the notice required by subsection (1) of this section or from the
timing or contents thereof on the part of the board. However, the board shall
enforce the provisions of subsection (1) of this section. [1985 c.585 §5; 1995
c.612 §9]
     351.270 [1963 c.548 §6; 1965 c.496 §2; 1969 c.314 §26;
1971 c.643 §1; 1973 c.792 §11; 1973 c.816 §3; 1974 s.s. c.36 §10; 1975 c.553 §2;
renumbered 348.715]
     351.273 [1973 c.442 §2; repealed by 1975 c.553 §15]
     351.275 [1965 c.496 §3; renumbered 348.735]
     351.277
Officially sanctioned programs for use of state-owned vehicles; rules. (1) The State Board of Higher Education
shall establish by rule procedures to identify officially sanctioned programs
for purposes of ORS 283.310 (3).
     (2) As used in this section, “officially
sanctioned program” is a program identified by the state board through the
procedures established pursuant to subsection (1) of this section. [1993 c.335 §12]
     351.280 [1965 c.496 §4; 1971 c.643 §2; renumbered
348.745]
     351.285 [1965 c.496 §5; renumbered 348.755]
     351.290 [1965 c.496 §6; 1967 c.454 §105; 1971 c.643 §3;
renumbered 348.765]
     351.295 [1965 c.496 §7; repealed by 1975 c.605 §33]
     351.297 [1969 c.566 §1; 1971 c.643 §4; renumbered
348.785]
     351.298 [1969 c.566 §2; 1971 c.643 §5; renumbered
348.795]
     351.299 [1969 c.566 §3; repealed by 1971 c.643 §8]
FINANCES
(Generally)
     351.300
Legislative finding on need for stabilized funding. The Legislative Assembly finds that in order
to avoid unnecessary disruption at public institutions of higher education and
in order to provide assurance that the institutions share in the benefits of
any major reform in the
     351.301 [1969 c.566 §4; 1971 c.643 §6; renumbered
348.815]
     351.302 [1969 c.566 §5; 1971 c.643 §7; renumbered
348.825]
     351.303 [1969 c.566 §6; repealed by 1971 c.643 §8]
     351.305 [Repealed by 1995 c.162 §94]
     351.310
BoardÂ’s general financial power; appropriation of moneys received by board. (1) The State Board of Higher Education
shall control the use, distribution and disbursement of all funds,
appropriations and taxes now or hereafter in possession, levied and collected,
received or appropriated for the use, benefit, support and maintenance of
institutions, departments or activities of higher education, including the
authorization of individuals to sign vouchers for the disbursement of funds for
the various institutions, departments and activities.
     (2) All moneys, except moneys appropriated
from the State Treasury for expenditure within a specified period of time,
heretofore or hereafter received by or on behalf of the State Board of Higher
Education, or any institution, department or activity under its control, which
are not otherwise appropriated by law, hereby are appropriated continuously to
the State Board of Higher Education for the purposes for which such moneys were
donated, granted or received, in accordance with any applicable law governing
the use of such moneys. [Amended by 1955 c.84 §1]
     351.315
Borrowing money and issuing bonds for purchase of real property. In carrying out the power and authority
granted by ORS 351.140 or 351.160, the State Board of Higher Education may
request the State Treasurer to borrow money and issue bonds, as defined in ORS
286A.001, secured by the pledge of the real property to be acquired and
revenues, as provided in ORS 351.140 or 351.160. Such bonds shall be issued in
accordance with the provisions of ORS chapter 286A. [Formerly 351.520; 2007
c.783 §144]
     351.317
Obligations under ORS 351.140 or 351.315 not indebtedness of state or board. An obligation incurred under ORS 351.140 or
351.315 is not an indebtedness of the State of
     351.320
Prorating expenses. The
State Board of Higher Education may prorate all expenses not otherwise provided
for, incurred under authority of ORS 351.040, 351.050, 351.090 to 351.110,
351.130 and 351.310 to the institutions under its control, and pay the same
from the funds available for the general expenses of those institutions.
     351.330 [Repealed by 1957 c.370 §1]
     351.340
Use of moneys. All sums of
money provided by law for the support and maintenance of institutions and activities
of higher learning may be used for the payment of salaries of instructors and
employees, current expenses, construction of additional buildings, purchase of
lands, purchase of equipment, purchase of library books and periodicals,
purchase of laboratory supplies and apparatus, making necessary repairs and, in
general, for the payment of all such expenses connected with the management of
such institutions and activities of higher learning, as the board may from time
to time determine. However, such money in the instruction budget of the board
shall not be used to support hobby or recreation courses. [Amended by 1957
c.370 §3; 1978 c.1 §3]
(Bonds)
     351.345
Bond issue for higher education and community college projects. In order to provide funds for the purposes
specified in Article XI-G of the Oregon Constitution, the State Board of Higher
Education may request the State Treasurer to issue bonds in accordance with the
provisions of ORS chapter 286A. [1963 c.584 §1; 1981 c.660 §24; 2007 c.783 §146]
     351.350
Bond issue for self-liquidating higher education purposes. In order to provide funds for the purposes
specified in Article XI-F(1), Oregon Constitution, the State Board of Higher
Education may request the State Treasurer to issue bonds in accordance with the
provisions of ORS chapter 286A. [Amended by 1955 c.88 §1; 1957 c.703 §1; 1959
c.127 §1; 1961 c.35 §1; 1963 c.10 §1; 1963 c.615 §1; 1967 c.404 §9; 1969 c.664 §8;
1971 c.709 §7; 1975 c.331 §11; 1981 c.539 §7; 1981 c.660 §25; 2007 c.783 §147]
     Note: Section 11, chapter 725, Oregon Laws 2003,
provides:
     Sec.
11. (1) Pursuant to ORS
286.560 to 286.580 [renumbered 286A.560 to 286A.585] and 348.716, lottery bonds
may be issued to fund projects for:
     (a) The remodel of the HP Building II
Renovation project at
     (b) The expansion of microscopy and
materials characterization facilities at
     (c) The construction, remodeling,
expansion and renovation of facilities for an integrative science complex at
the
     (2) The use of lottery bond proceeds is
authorized based on the following findings:
     (a) The universities of the Oregon
University System promote the improved education of
     (b) The promotion of educated employees
for business and industry expands markets, which in turn creates jobs and
stimulates economic development of the stateÂ’s business and industry; and
     (c) The creation of a signature research
center will support the growth of emerging markets and the creation of new
markets, which in turn create jobs and stimulate economic development of the
stateÂ’s business and industry.
     (3) The aggregate principal amount of
lottery bonds issued pursuant to this section may not exceed the sum of
$10,000,000 and an additional amount estimated by the State Treasurer to be
necessary to pay bond-related costs. Lottery bonds issued pursuant to this
section shall be issued only at the request of the Chancellor of the Oregon
University System.
     (4)(a) Of the net proceeds of lottery
bonds issued pursuant to this section, $4,750,000 shall be deposited in the
Oregon State University Engineering Capital Construction Remodel Account
established in section 8, chapter 725, Oregon Laws 2003.
     (b) Of the net proceeds of lottery bonds
issued pursuant to this section, $500,000 shall be deposited in the Portland
State University Center for Nanoscience and Nanotechnology Account established
in section 9, chapter 725, Oregon Laws 2003.
     (c) Of the net proceeds of lottery bonds
issued pursuant to this section, $4,750,000 shall be deposited in the
University of Oregon Integrative Science Complex Account established in section
10, chapter 725, Oregon Laws 2003.
     (5) The proceeds of lottery bonds issued
pursuant to this section may be used only for the purposes set forth in
subsection (1) of this section and for bond-related costs. [2003 c.725 §11;
2007 c.761 §30]
     Note: Sections 1 and 5 to 9, chapter 761, Oregon
Laws 2007, provide:
     Sec.
1. The State Board of Higher
Education shall determine the capital renewal, code compliance and safety
projects to be undertaken with moneys made available under section 2 (1) of
this 2007 Act on the basis of the boardÂ’s determination of the most critical
deferred maintenance needs. In determining the deferred maintenance needs, the
board shall give priority to projects that protect the health and safety of occupants
and maintain the structural integrity of facilities. [2007 c.761 §1]
     Sec.
5. (1) The project approvals
and expenditure limitations in this 2007 Act, and the expenditure limitations
established by the Emergency Board during the biennium beginning July 1, 2007,
for capital construction or acquisition projects of the Department of Higher
Education and of the Department of Community Colleges and Workforce Development
for community colleges, expire on June 30, 2013, unless otherwise noted or
unless changed by the Legislative Assembly.
     (2) The project approvals and expenditure
limitations established by section 2 (3)(h), (4)(f) and (5)(g), chapter 845,
Oregon Laws 2001, for capital construction or acquisition projects of the
Department of Higher Education expire on June 30, 2009, unless otherwise
changed by Legislative Assembly.
     (3)(a) The project approvals and
expenditure limitations established by section 2 (5)(f) of this 2007 Act are in
lieu of the project approvals and expenditure limitations adopted by the
Emergency Board during the 2005-2007 biennium for the Department of Higher
Education for the Portland State University PCAT Redevelopment Project.
     (b) Any action taken by the State Board of
Higher Education prior to the effective date of this 2007 Act [July 12, 2007]
or any contract entered into by the board prior to the effective date of this
2007 Act necessary for the acquisition of and improvements to land and the
acquisition, planning, constructing, altering, repairing, furnishing and equipping
of buildings and facilities for the PCAT Redevelopment Project that was within
the project approvals and expenditures limit authorized by the Emergency Board
during the 2005-2007 biennium is hereby authorized. [2007 c.761 §5]
     Sec.
6. (1) Pursuant to Article
XI-G of the Oregon Constitution and ORS 286.031 to 286.061 [series repealed in
2007] and 351.345, the State Board of Higher Education may sell, with the
approval of the State Treasurer, general obligation bonds of the State of
Oregon of the kind and character and within the limits prescribed by Article
XI-G of the Oregon Constitution, as the board determines, but in no event may
the board sell more than the aggregate principal sum of $131,604,535 par value
for the biennium beginning July 1, 2007. The moneys realized from the sale of
the bonds shall be appropriated and may be expended for the purposes set forth
in section 2 (3)(h), chapter 845, Oregon Laws 2001, and in section 2 (6)(h) and
(7)(e), chapter 787, Oregon Laws 2005, and section 2 (2)(b) and (c), (3),
(4)(a), (k) and (L), (5)(f), (h), (i) and (j), (6)(g), (h) and (j) and (7) of
this 2007 Act and for payment for capitalized interest and costs incidental to
issuance of the bonds.
     (2) In compliance with the requirements of
Article XI-G of the Oregon Constitution, funds available under the expenditure
limitation for bonds issued pursuant to Article XI-G of the Oregon Constitution
in section 2 (2)(b) of this 2007 Act are matched with the General Fund
appropriations made under sections 10 (7) and 11 of this 2007 Act.
     (3) In compliance with the requirements of
Article XI-G of the Oregon Constitution, funds available under the expenditure
limitation for bonds issued pursuant to Article XI-G of the Oregon Constitution
in section 2 (2)(c) of this 2007 Act are matched with the General Fund
appropriation made under section 10 (8) of this 2007 Act.
     (4) In compliance with the requirements of
Article XI-G of the Oregon Constitution, funds available under the expenditure
limitation for bonds issued pursuant to Article XI-G of the Oregon Constitution
in section 2 (3) of this 2007 Act are matched with the General Fund
appropriation made under section 10 (1) of this 2007 Act.
     (5) In compliance with the requirements of
Article XI-G of the Oregon Constitution, funds available under the expenditure
limitation for bonds issued pursuant to Article XI-G of the Oregon Constitution
in section 2 (4)(a) of this 2007 Act are matched with the General Fund
appropriation made under section 10 (3) of this 2007 Act.
     (6) In compliance with the requirements of
Article XI-G of the Oregon Constitution, funds available under the expenditure
limitation for bonds issued pursuant to Article XI-G of the Oregon Constitution
in section 2 (4)(k) of this 2007 Act are matched with the General Fund
appropriation made under section 12 of this 2007 Act.
     (7) In compliance with the requirements of
Article XI-G of the Oregon Constitution, funds available under the expenditure
limitation for bonds issued pursuant to Article XI-G of the Oregon Constitution
in section 2 (4)(L) of this 2007 Act are matched with the General Fund
appropriation made under section 10 (2) of this 2007 Act.
     (8) In compliance with the requirements of
Article XI-G of the Oregon Constitution, funds available under the expenditure
limitation for bonds issued pursuant to Article XI-G of the Oregon Constitution
in section 2 (5)(f) of this 2007 Act are matched with the General Fund
appropriation made under section 17 of this 2007 Act.
     (9) In compliance with the requirements of
Article XI-G of the Oregon Constitution, funds available under the expenditure
limitation for bonds issued pursuant to Article XI-G of the Oregon Constitution
in section 2 (5)(h) of this 2007 Act are matched with the General Fund
appropriation made under section 13 of this 2007 Act.
     (10) In compliance with the requirements
of Article XI-G of the Oregon Constitution, funds available under the
expenditure limitation for bonds issued pursuant to Article XI-G of the Oregon
Constitution in section 2 (5)(i) of this 2007 Act are matched with the General
Fund appropriation made under section 10 (4) of this 2007 Act.
     (11) In compliance with the requirements
of Article XI-G of the Oregon Constitution, funds available under the
expenditure limitation for bonds issued pursuant to Article XI-G of the Oregon
Constitution in section 2 (5)(j) of this 2007 Act are matched with the General
Fund appropriation made under section 10 (5) of this 2007 Act.
     (12) In compliance with the requirements
of Article XI-G of the Oregon Constitution, funds available under the
expenditure limitation for bonds issued pursuant to Article XI-G of the Oregon
Constitution in section 2 (6)(g) of this 2007 Act are matched with the General
Fund appropriation made under section 14 of this 2007 Act.
     (13) In compliance with the requirements
of Article XI-G of the Oregon Constitution, funds available under the
expenditure limitation for bonds issued pursuant to Article XI-G of the Oregon
Constitution in section 2 (6)(h) of this 2007 Act are matched with the General
Fund appropriation made under section 10 (6) of this 2007 Act.
     (14) In compliance with the requirements
of Article XI-G of the Oregon Constitution, funds available under the
expenditure limitation for bonds issued pursuant to Article XI-G of the Oregon
Constitution in section 2 (6)(j) of this 2007 Act are matched with the General
Fund appropriation made under section 15 of this 2007 Act.
     (15) In compliance with the requirements
of Article XI-G of the Oregon Constitution, funds available under the expenditure
limitation for bonds issued pursuant to Article XI-G of the Oregon Constitution
in section 2 (7) of this 2007 Act are matched with the General Fund
appropriation made under section 16 of this 2007 Act. [2007 c.761 §6]
     Sec.
7. Notwithstanding the
expenditure limitations established under sections 2 and 8 of this 2007 Act,
the State Board of Higher Education may increase any limit for expenditures
from other revenues, including federal funds, prescribed by sections 2 and 8 of
this 2007 Act for a specific project, if the expenditure limitation for bonds
issued pursuant to Article XI-F(1) or XI-G of the Oregon Constitution for the
project is reduced by the board in the same amount. [2007 c.761 §7]
     Sec.
8. (1) Notwithstanding the
expenditure limitations established under section 2 of this 2007 Act, and
subject to subsection (3) of this section, the State Board of Higher Education
may expend amounts that exceed the expenditure limitations established under
section 2 (2) to (7) of this 2007 Act for bonds issued pursuant to Article
XI-F(1) of the Oregon Constitution by the following percentage amounts:
     (a) For a project with a combined approved
General Fund appropriation and total expenditure limitation of $500,000 to
$999,999 under section 2 of this 2007 Act, up to 12 percent of the expenditure
limitation for bonds issued pursuant to Article XI-F(1) of the Oregon
Constitution.
     (b) For a project with a combined approved
General Fund appropriation and total expenditure limitation of $1,000,000 to
$4,999,999 under section 2 of this 2007 Act, up to eight percent of the
expenditure limitation for bonds issued pursuant to Article XI-F(1) of the
Oregon Constitution.
     (c) For a project with a combined approved
General Fund appropriation and total expenditure limitation of $5,000,000 to
$9,999,999 under section 2 of this 2007 Act, up to five percent of the
expenditure limitation for bonds issued pursuant to Article XI-F(1) of the
Oregon Constitution.
     (d) For a project with a combined approved
General Fund appropriation and total expenditure limitation of $10,000,000 or
more under section 2 of this 2007 Act, up to three percent of the expenditure
limitation for bonds issued pursuant to Article XI-F(1) of the Oregon
Constitution.
     (2) Notwithstanding the expenditure
limitations established under section 2 of this 2007 Act, and subject to
subsection (3) of this section, the State Board of Higher Education may expend
amounts that exceed the expenditure limitations established under section 2 (2)
to (7) of this 2007 Act for other revenues, including federal funds, by the
following percentage amounts:
     (a) For a project with a combined approved
General Fund appropriation and total expenditure limitation of $500,000 to
$999,999 under section 2 of this 2007 Act, up to 12 percent of the expenditure
limitation for other revenues, including federal funds.
     (b) For a project with a combined approved
General Fund appropriation and total expenditure limitation of $1,000,000 to
$4,999,999 under section 2 of this 2007 Act, up to eight percent of the
expenditure limitation for other revenues, including federal funds.
     (c) For a project with a combined approved
General Fund appropriation and total expenditure limitation of $5,000,000 to
$9,999,999 under section 2 of this 2007 Act, up to five percent of the
expenditure limitation for other revenues, including federal funds.
     (d) For a project with a combined approved
General Fund appropriation and total expenditure limitation of $10,000,000 or
more under section 2 of this 2007 Act, up to three percent of the expenditure
limitation for other revenues, including federal funds.
     (3) The total amount by which the
expenditure limitations established under section 2 of this 2007 Act are
exceeded under subsections (1) and (2) of this section may not be greater than
the sum of the amounts established under section 2 (8) of this 2007 Act. [2007
c.761 §8]
     Sec.
9. Notwithstanding ORS
351.345 and section 2 of this 2007 Act, the State Board of Higher Education may
issue bonds for a project listed in section 2 (2)(b), (4)(k), (5)(f) and (h),
(6)(g) and (j) and (7) of this 2007 Act:
     (1) If the total amount from other
revenues, including federal funds, identified for the project in the
expenditure limitation in section 2 of this 2007 Act has been received by the
state board; or
     (2) After reporting to the Emergency Board
or the Joint Committee on Ways and Means, if the total amount from other
revenues, including federal funds, identified for the project in the
expenditure limitation in section 2 of this 2007 Act has not been received by
the state board. [2007 c.761 §9]
     Note: Sections 2 and 3, chapter 788, Oregon Laws
2005, provide:
     Sec.
2. (1) Pursuant to ORS
286.560 to 286.580 [renumbered 286A.560 to 286A.585], lottery bonds may be
issued by the State Treasurer at the request of the Department of Higher
Education for deferred maintenance and capital renewal, code compliance and
safety projects.
     (2) The use of lottery bond proceeds is
authorized based on the following findings:
     (a) Major subsystems within university
buildings are wearing out and must be replaced in order that universities have
adequate facilities for teaching.
     (b) Having safe and fully functioning
university facilities is essential to
     (3) The aggregate principal amount of
lottery bonds issued pursuant to subsection (1) of this section by the State
Treasurer for deferred maintenance and capital renewal, code compliance and
safety projects may not exceed the amount of $69.43 million and an additional amount
estimated by the State Treasurer to be necessary to pay bond-related costs as
defined in ORS 286.560.
     (4) Of the net proceeds of lottery bonds
issued pursuant to this section for the biennium beginning July 1, 2007, an
amount not to exceed $50 million shall be deposited in the Department of Higher
Education Deferred Maintenance and Capital Repair Project Fund established by
section 3, chapter 788, Oregon Laws 2005. [2005 c.788 §2; 2007 c.746 §2; 2007
c.783 §149]
     Sec.
3. (1) The Department of
Higher Education Deferred Maintenance and Capital Repair Project Fund is
established separate and distinct from the General Fund. Interest earned by the
Department of Higher Education Deferred Maintenance and Capital Repair Project
Fund shall be credited to the fund.
     (2) Net proceeds of lottery bonds issued
pursuant to section 2, chapter 788, Oregon Laws 2005, shall be deposited into
the Department of Higher Education Deferred Maintenance and Capital Repair
Project Fund. Moneys in the fund are continuously appropriated to the
Department of Higher Education for deferred maintenance and capital repair
projects. [2005 c.788 §3; 2007 c.746 §3]
     351.353
Construction of parking facilities; bonds. (1) The State Board of Higher Education may undertake the construction
of an off-street motor vehicle parking facility in Portland, Oregon, for higher
education pursuant to Article XI-F(1), Oregon Constitution, ORS 351.160 to
351.190, 351.350 to 351.460 and 351.505. The parking facility shall be for the
use of the students and staff members of the board. The board shall establish
the rates, charges and fees for use of the parking facility in accordance with
the provisions of ORS 351.170.
     (2) Bonds may be sold to finance the
facility described in this section, in an amount authorized and under the
conditions prescribed by ORS 351.350. [1963 c.573 §2; 1967 c.67 §18; 1981 c.660
§26; 1991 c.220 §9]
     351.355 [1963 c.573 §3; repealed by 1967 c.67 §27]
     351.356
Financial agreements. (1) As
used in this section:
     (a) “Bond” means a bond issued under
Article XI-F(1) of the Oregon Constitution.
     (b) “Credit enhancement device” means a
letter of credit, line of credit, bond insurance policy, standby purchase
agreement, surety bond or other device or facility used to enhance the
creditworthiness, liquidity or marketability of a bond.
     (c) “Financial agreement” means an
agreement for exchange of interest rates, as defined in ORS 287.025, a credit
enhancement device or an agreement made in connection with a credit enhancement
device, that is executed for one or more bonds.
     (2) The State of
     (a) Enter into financial agreements.
     (b) Identify, segregate, pledge and agree
to pay amounts due under financial agreements entered into under this section
from:
     (A) The revenues, gifts, grants or
building fees that are described in section 2, Article XI-F(1) of the Oregon
Constitution; or
     (B) The unexpended proceeds of the bonds
for which financial agreements are executed.
     (c) To the extent permitted by Article
XI-F(1) of the Oregon Constitution, issue bonds to secure the stateÂ’s
obligation to make payments under a financial agreement. If a bond is issued
under this paragraph, the bond amount shall count toward the limit described in
section 1, Article XI-F(1) of the Oregon Constitution, only to the extent that
it increases the amount the state is obligated to pay under other bonds. [2007
c.767 §2]
     Note: 351.356 was added to and made a part of ORS
chapter 351 by legislative action but was not added to any smaller series
therein. See Preface to Oregon Revised Statutes for further explanation.
     Note: 287.025 was repealed by section 234, chapter
783, Oregon Laws 2007. The text of 351.356 was not amended by enactment of the
Legislative Assembly to reflect the repeal. Editorial adjustment of 351.356 for
the repeal of 287.025 has not been made.
     351.360 [Amended by 1957 c.703 §2; 1959 c.127 §2;
1967 c.369 §1; repealed by 1981 c.660 §18]
     351.370 [Repealed by 1981 c.660 §18]
     351.380 [Amended by 1957 c.703 §3; repealed by 1981
c.660 §18]
     351.390 [Repealed by 1981 c.660 §18]
     351.400 [Repealed by 1981 c.660 §18]
     351.410 [Amended by 1975 c.462 §4; repealed by 1981
c.660 §18]
     351.420 [Repealed by 1981 c.660 §18]
     351.430 [Amended by 1957 c.703 §4; 1969 c.213 §1;
repealed by 1981 c.660 §18]
     351.440
     351.450
Higher Education Bond Building Fund; subfunds. (1) The moneys realized from sales of bonds
issued to construct, improve, repair, equip and furnish buildings and other
structures for higher education, and to purchase and improve sites therefor,
shall be credited to a special fund in the State Treasury separate and distinct
from the General Fund, to be designated the Higher Education Bond Building
Fund.
     (2) In the Higher Education Bond Building
Fund there shall be:
     (a) A separate subfund for the credit of
moneys realized from sales of bonds issued pursuant to Article XI-F(1) of the
Oregon Constitution and ORS 351.350;
     (b) A separate subfund for the credit of
moneys realized from sales of bonds issued pursuant to Article XI-G of the
Oregon Constitution and ORS 351.345; and
     (c) A separate subfund for the credit of
moneys realized from the sales of revenue bonds issued pursuant to ORS chapter
286A.
     (3) The moneys received from the issuance
of temporary bonds under ORS 351.470 for the purpose of interim financing
pending the sale of the bonds shall also be credited to the appropriate subfund
of the Higher Education Bond Building Fund.
     (4) The moneys in the fund are
continuously appropriated to defray the costs of the projects to be financed
through sale of the bonds and for the purpose of retiring temporary bonds
issued under ORS 351.470 and shall not be used for any other purpose, except
that such moneys may, with the approval of the State Treasurer, be invested
until needed. If a surplus remains after application to such purpose, the
surplus, and earnings from temporary investments, shall be credited to the
Higher Education Bond Sinking Fund by the appropriate subfund. [Amended by 1953
c.214 §2; 1957 c.703 §6; 1963 c.584 §6; 1981 c.660 §28; 1995 c.110 §2; 2003
c.14 §157; 2005 c.755 §24; 2007 c.783 §150]
     351.455
Use of moneys in subfund realized from sale of Article XI-F(1) bonds and
revenue bonds.
Notwithstanding any other provisions of law, the Department of Higher Education
may expend moneys from the Higher Education Bond Building Fund subfund
established by ORS 351.450 including moneys realized from the sale of bonds
issued pursuant to Article XI-F(1) of the Oregon Constitution and ORS 351.350,
and from the sale of revenue bonds authorized by ORS 351.315, for the planning,
constructing, altering, repairing, furnishing and equipping of buildings and
facilities of the kind and character prescribed by Article XI-F(1) of the
Oregon Constitution and for the acquisition of land. [1991 c.647 §4; reenacted
by 1993 c.538 §3; 1995 c.110 §3; 2007 c.783 §151]
     Note: 351.455 was made a part of ORS chapter 351
by legislative action but was not added to any smaller series therein. See
Preface to Oregon Revised Statutes for further explanation.
     351.456
Use of moneys in subfund realized from sale of Article XI-F(1) bonds. Notwithstanding any other provision of law,
the Department of Higher Education may expend moneys from the Higher Education
Bond Building Fund subfund established by ORS 351.450 including moneys realized
from the sale of bonds issued pursuant to Article XI-F(1) of the Oregon
Constitution and ORS 351.350, for the planning, constructing, altering,
repairing, furnishing and equipping of buildings and facilities of the kind and
character prescribed by Article XI-F(1) of the Oregon Constitution and for the
acquisition of land. [1999 c.890 §4]
     Note: 351.456 was enacted into law by the
Legislative Assembly but was not added to or made a part of ORS chapter 351 or
any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
     351.460
Higher Education Bond Sinking Fund. (1) The State Board of Higher Education shall maintain with the State
Treasurer a Higher Education Bond Sinking Fund, separate and distinct from the
General Fund. The Higher Education Bond Sinking Fund shall comprise four
separate subfunds to provide for the payment of the principal of and the
interest upon the bonds issued under authority of Article XI-F(1) of the Oregon
Constitution and ORS 351.350, and under authority of Article XI-G of the Oregon
Constitution and ORS 351.345, revenue bonds authorized by ORS 351.315, and
amounts due under financial agreements entered into under ORS 351.356. The
moneys in the sinking fund are continuously appropriated to the board for such
purposes. The fund may be invested by the State Treasurer, and the earnings
from such investments shall be credited to the appropriate subfunds of the
fund.
     (2) The Higher Education Bond Sinking Fund
shall consist of all moneys received from ad valorem taxes levied pursuant to
ORS 291.445, all moneys that the Legislative Assembly may provide in lieu of
such taxes, all of the net revenues received from the projects or undertakings
for the financing of which the bonds were issued, including gifts, grants and
building fees, such unpledged revenues of buildings and projects of like
character as shall be allocated by the board, all moneys received as accrued
interest upon bonds sold, all earnings from investments of the fund, all
proceeds of the sale of refunding bonds and all moneys that the State of Oregon
has agreed to hold in the Higher Education Bond Sinking Fund to pay amounts due
under financial agreements entered into under ORS 351.356. Moneys credited to
the Higher Education Bond Sinking Fund shall be credited to the appropriate
subfunds of the fund.
     (3) The board may credit the Higher
Education Bond Sinking Fund with moneys received from either a sale or interfund
transfer of land, buildings and facilities. When the land, buildings or
facilities are sold, or the use thereof is rededicated so that a transfer from
one subfund to the other is appropriate, the moneys received shall be credited
to the appropriate subfund.
     (4) The board shall apply student building
fees, revenues, gifts and grants for the payment of the principal of and the
interest upon the bonds issued under authority of Article XI-F(1) of the Oregon
Constitution and upon revenue bonds authorized by ORS 351.315 until such time
as the proper subfund of the sinking fund and investments thereof, as
supplemented by expected future income will, in the judgment of the board, be
sufficient to meet in full the principal of and the interest upon all such outstanding
bonds. Except for student building fees, income not thus required for the
sinking fund shall be transferred to such other fund and account as the board
shall designate. Student building fees for buildings constructed from the
proceeds of bonds issued under Article XI-F(1) of the Oregon Constitution or
ORS 351.315 shall be applied only to those bonds authorized under Article
XI-F(1) of the Oregon Constitution or ORS 351.315.
     (5) The board may create a subfund in the
Higher Education Bond Sinking Fund to pay amounts due under financial
agreements entered into under ORS 351.356 and may credit to that subfund any
moneys that the State of
     (6)(a) The board may not use the sinking
fund for any purpose other than the purposes for which the fund was created.
     (b) Notwithstanding paragraph (a) of this
subsection, the board may transfer any surplus in the sinking fund to other
funds designated by the board if a balance remains in the sinking fund from
sources other than student building fees for buildings constructed from the
proceeds of bonds issued under Article XI-F(1) of the Oregon Constitution and:
     (A) The purposes for which the fund was
created have been fulfilled; or
     (B) A reserve sufficient to meet all
existing and future obligations and liabilities of the fund has been set aside.
[Amended by 1963 c.584 §7; 1969 c.513 §1; 1973 c.809 §1; 1981 c.660 §29; 1989
c.311 §2; 1991 c.220 §10; 1995 c.110 §4; 2003 c.14 §158; 2005 c.755 §25; 2007
c.767 §3; 2007 c.783 §152]
     351.470
Temporary bonds. Pending
receipt of the proceeds from the expected sale of bonds authorized by this
chapter, to the State of Oregon or to the United States Government or any
agency thereof, the State Board of Higher Education may, with the approval of
the State Treasurer, procure interim financing from the State of Oregon, the
United States Government or any agency thereof, or from any private lending
agency, by issuing to such private or public lending agency temporary bonds,
without advertisement of such bonds for sale, in order to finance temporarily
building projects authorized by the board pursuant to Article XI-F(1) or
Article XI-G of the Oregon Constitution or ORS 351.160, if the bond issue to be
temporarily financed by the issuance of temporary bonds has been authorized by
the State Board of Higher Education and a purchase plan has been formulated
with and is being considered by the State of Oregon or the United States
Government or any agency thereof. The proceeds from the sale of the bonds shall
be deposited in the Higher Education Bond Building Fund and credited to the
appropriate subfund of such fund, and shall be used to retire the temporary
bonds issued under this section. The principal amount of temporary bonds issued
under this section may not exceed the principal amount of the bond issue for
which a purchase plan has been formulated. The temporary bonds may be extended,
renewed or refunded but maturity dates may not be later than two years from the
date of issue of the original temporary bonds for the related building project.
[1957 c.703 §8; 1963 c.584 §8; 1995 c.110 §5; 2007 c.783 §152a]
     351.480 [Amended by 1963 c.584 §9; repealed by 1991
c.220 §15]
     351.490 [Amended by 1963 c.584 §10; renumbered
351.505 in 1995]
     351.495 [1993 c.538 §4; renumbered 351.512 (1) in
1995]
     351.500
Repealed statutes continued effective until bonds redeemed. Outstanding bonds issued under article 3,
chapter 36, title 111, O.C.L.A., and chapter 41, title 111, O.C.L.A., shall
continue to be valid obligations until they are redeemed in full, and authority
granted in connection with said bonds shall continue in effect until they have
been so redeemed.
(Federal
Funds)
     351.505
Federal aid; donations; acceptance and use. The State Board of Higher Education may, in its discretion, accept
financial assistance and grants, either in the form of money or labor, from the
United States or any of its agencies, subject to the terms and conditions
thereof, regardless of any laws of this state in conflict with the regulations
of the federal government with respect thereto, and may also accept from others
any donation or grant of land or gift of money or other valuable gift or thing,
for any of the purposes contemplated by Article XI-F(1) and Article XI-G of the
Oregon Constitution, ORS 351.160 to 351.190, 351.345 to 351.460, 351.500 and
351.505. Unless enjoined by the terms or conditions of any such gift or grant,
the board may convert the same, or any of them, into money, through sale or
disposal thereof. [Formerly 351.490]
(Funds and
Accounts)
     Note: Sections 11 to 17, chapter 761, Oregon Laws
2007, provide:
     Sec.
11.
     (2) The account shall consist of proceeds
from lottery bonds, grant funds, gift funds, federal and local government funds
made available to and funds donated to the Department of Higher Education for
the purpose of the facility project described in subsection (1) of this
section. Interest earned on moneys in the account shall be credited to the
account. The account may not be credited with more than $500,000 for purposes
of this subsection.
     (3) Moneys in the account shall be
considered to be General Fund moneys for purposes of section 1 (3), Article
XI-G of the Oregon Constitution, are continuously appropriated to the
Department of Higher Education and may be transferred to the Department of
Higher Education Capital Construction Fund for the facility project described
in subsection (1) of this section. [2007 c.761 §11]
     Sec.
12.
     (2) The account shall consist of grant
funds, gift funds, federal and local government funds made available to and
funds donated to the Department of Higher Education for the purpose of the
Pauling Research and Education Building project described in subsection (1) of
this section. Interest earned on moneys in the account shall be credited to the
account. The account may not be credited with more than $31,256,035 for
purposes of this subsection.
     (3) Moneys in the account shall be
considered to be General Fund moneys for purposes of section 1 (3), Article
XI-G of the Oregon Constitution, are continuously appropriated to the
Department of Higher Education and may be transferred to the Department of
Higher Education Capital Construction Fund for the Pauling Research and Education
Building project described in subsection (1) of this section. [2007 c.761 §12]
     Sec.
13.
     (2) The account shall consist of grant
funds, gift funds, proceeds of legal settlements, federal and local government
funds made available to and funds donated to the Department of Higher Education
for the purpose of the center and facility project described in subsection (1)
of this section. Interest earned on moneys in the account shall be credited to
the account. The account may not be credited with more than $9,500,000 for
purposes of this subsection.
     (3) Moneys in the account shall be
considered to be General Fund moneys for purposes of section 1 (3), Article
XI-G of the Oregon Constitution, are continuously appropriated to the
Department of Higher Education and may be transferred to the Department of
Higher Education Capital Construction Fund for the center and facility project
described in subsection (1) of this section. [2007 c.761 §13]
     Sec.
14. University of
     (2) The account shall consist of grant
funds, gift funds, federal and local government funds made available to and
funds donated to the Department of Higher Education for the purpose of the
Interactive Science Complex, Phase 2 project described in subsection (1) of
this section. Interest earned on moneys in the account shall be credited to the
account. The account may not be credited with more than $30,000,000 for
purposes of this subsection.
     (3) Moneys in the account shall be
considered to be General Fund moneys for purposes of section 1 (3), Article
XI-G of the Oregon Constitution, are continuously appropriated to the
Department of Higher Education and may be transferred to the Department of
Higher Education Capital Construction Fund for the Interactive Science Complex,
Phase 2 project described in subsection (1) of this section. [2007 c.761 §14]
     Sec.
15. University of Oregon Hayward Field Account. (1) There is established in the General Fund
an account to be known as the
     (2) The account shall consist of funds
received from not-for-profit organizations, grant funds, gift funds, federal
and local government funds made available to and funds donated to the
Department of Higher Education for the purpose of the Hayward Field project
described in subsection (1) of this section. Interest earned on moneys in the
account shall be credited to the account. The account may not be credited with
more than $2,500,000 for purposes of this subsection.
     (3) Moneys in the account shall be
considered to be General Fund moneys for purposes of section 1 (3), Article
XI-G of the Oregon Constitution, are continuously appropriated to the
Department of Higher Education and may be transferred to the Department of
Higher Education Capital Construction Fund for the Hayward Field project
described in subsection (1) of this section. [2007 c.761 §15]
     Sec.
16. Oregon Institute of
     (2) The account shall consist of grant
funds, gift funds, federal and local government funds made available to and
funds donated to the Department of Higher Education for the purpose of the
Center for Health Professions project described in subsection (1) of this
section. Interest earned on moneys in the account shall be credited to the
account. The account may not be credited with more than $5,500,000 for purposes
of this subsection.
     (3) Moneys in the account shall be
considered to be General Fund moneys for purposes of section 1 (3), Article
XI-G of the Oregon Constitution, are continuously appropriated to the
Department of Higher Education and may be transferred to the Department of
Higher Education Capital Construction Fund for the Center for Health
Professions project described in subsection (1) of this section. [2007 c.761 §16]
     Sec.
17.
     (2) The account shall consist of grant
funds, gift funds, proceeds of legal settlements, federal and local government
funds made available to and funds donated to the Department of Higher Education
for the purpose of the project described in subsection (1) of this section.
Interest earned on moneys in the account shall be credited to the account. The
account may not be credited with more than $10,000,000 for purposes of this
subsection.
     (3) Moneys in the account shall be
considered to be General Fund moneys for purposes of section 1 (3), Article
XI-G of the Oregon Constitution, are continuously appropriated to the
Department of Higher Education and may be transferred to the Department of
Higher Education Capital Construction Fund for the project described in
subsection (1) of this section. [2007 c.761 §17]
     351.507
     (2) The account shall consist of federal
and local government funds made available to and funds donated to the Oregon
University System for the purpose of the animal sciences pavilion project
described in subsection (1) of this section. Interest earned on moneys in the
account shall be credited to the account. The account may not be credited with
more than $4,000,000 in interest, donations and federal and local government
funds for purposes of this subsection.
     (3) Moneys in the account shall be
considered to be General Fund moneys for purposes of section 1 (3), Article
XI-G of the Oregon Constitution, are continuously appropriated to the
Department of Higher Education and may be transferred to the Department of
Higher Education Capital Construction Fund for the animal sciences pavilion
project described in subsection (1) of this section. [2005 c.787 §14]
     Note: 351.507, 351.508, 351.513, 351.515, 351.517
and 351.518 were enacted into law by the Legislative Assembly but was not added
to or made a part of ORS chapter 351 or any series therein by legislative
action. See Preface to Oregon Revised Statutes for further explanation.
     351.508
     (2) The account shall consist of grant
funds, loan funds, business energy tax credit proceeds and federal and local
government funds made available to and funds donated to the Oregon University System
for the purpose of the steam plant project described in subsection (1) of this
section. Interest earned on moneys in the account shall be credited to the
account. The account may not be credited with more than $12,000,000 in
interest, donations, grant funds, loan funds, tax credit proceeds and federal
and local government funds for purposes of this subsection.
     (3) Moneys in the account shall be
considered to be General Fund moneys for purposes of section 1 (3), Article
XI-G of the Oregon Constitution, are continuously appropriated to the
Department of Higher Education and may be transferred to the Department of
Higher Education Capital Construction Fund for the steam plant project
described in subsection (1) of this section. [2005 c.787 §13]
     Note: See note under 351.507.
     351.509
     (2) The account shall consist of proceeds
from lottery bonds made available to the Oregon University System for the
purpose of the
     (3) Moneys in the account shall be
considered to be General Fund moneys for purposes of section 1 (3), Article
XI-G of the Oregon Constitution, and are continuously appropriated to the
Department of Higher Education for the center for nanoscience and nanotechnology
project described in subsection (1) of this section. The account may not be
credited with more than $500,000 in interest and proceeds from lottery bonds. [2003
c.725 §9]
     Note: 351.509, 351.519, 351.532 and 351.628 were
enacted into law by the Legislative Assembly but were not added to or made a
part of ORS chapter 351 or any series therein by legislative action. See
Preface to Oregon Revised Statutes for further explanation.
     351.510 [Amended by 1957 c.703 §7; 1963 c.584 §11;
repealed by 1967 c.454 §119]
     351.511
     (2) The account shall consist of federal
and local government funds made available to and funds donated to the Oregon
University System for the purpose of the Portland State University Northwest
Engineering Science Center Phase I project described in subsection (1) of this
section. Interest earned on moneys in the account shall be credited to the
account.
     (3) Moneys in the account shall be considered
to be General Fund moneys for purposes of section 1 (3), Article XI-G of the
Oregon Constitution, and are continuously appropriated to the Department of
Higher Education for that purpose. The account may not be credited with more
than $26,500,000 in interest, donations and federal and local government funds
for purposes of this subsection. [2001 c.845 §8; 2003 c.674 §11]
     Note: 351.511, 351.516, 351.521, 351.524, 351.529,
351.533 and 351.534 were enacted into law by the Legislative Assembly but were
not added to or made a part of ORS chapter 351 or any series therein by
legislative action. See Preface to Oregon Revised Statutes for further
explanation.
     351.512 [Subsection (1) formerly 351.495 and
subsection (2) formerly 351.580; repealed by 1997 c.249 §110]
     351.513
Southern
     (2) The account shall consist of federal
and local government funds made available to and funds donated to the Oregon
University System for the purpose of the instructional facility project
described in subsection (1) of this section. Interest earned on moneys in the
account shall be credited to the account. The account may not be credited with
more than $2,550,000 in interest, donations and federal and local government
funds for purposes of this subsection.
     (3) Moneys in the account shall be
considered to be General Fund moneys for purposes of section 1 (3), Article XI-G
of the Oregon Constitution, are continuously appropriated to the Department of
Higher Education and may be transferred to the Department of Higher Education
Capital Construction Fund for the instructional facility project described in
subsection (1) of this section. [2005 c.787 §15]
     Note: See note under 351.507.
     351.515
University of Oregon Theatre Complex Account. (1) There is established in the General Fund an account to be known as
the
     (2) The account shall consist of federal
and local government funds made available to and funds donated to the Oregon
University System for the purpose of the theatre complex project described in
subsection (1) of this section. Interest earned on moneys in the account shall
be credited to the account. The account may not be credited with more than
$3,950,000 in interest, donations and federal and local government funds for
purposes of this subsection.
     (3) Moneys in the account shall be
considered to be General Fund moneys for purposes of section 1 (3), Article
XI-G of the Oregon Constitution, are continuously appropriated to the
Department of Higher Education and may be transferred to the Department of
Higher Education Capital Construction Fund for the theatre complex project
described in subsection (1) of this section. [2005 c.787 §11]
     Note: See note under 351.507.
     351.516
Eastern
     (2) The account shall consist of proceeds
from lottery bonds and federal and local government funds made available to and
funds donated to the Oregon University System for the purpose of the Eastern
Oregon University Regional Agricultural, Health and Life Sciences Building
project described in subsection (1) of this section. Interest earned on moneys
in the account shall be credited to the account.
     (3) Moneys in the account shall be
considered to be General Fund moneys for purposes of section 1 (3), Article
XI-G of the Oregon Constitution, and are continuously appropriated to the
Department of Higher Education for that purpose. The account may not be
credited with more than $14,470,500 in interest, proceeds from lottery bonds,
donations and federal and local government funds for purposes of this
subsection. [2001 c.845 §14; 2003 c.674 §12]
     Note: See note under 351.511.
     351.517
     (2) The account shall consist of federal
and local government funds made available to and funds donated to the Oregon
University System for the purpose of the education building and complex project
described in subsection (1) of this section. Interest earned on moneys in the
account shall be credited to the account. The account may not be credited with
more than $19,400,000 in interest, donations and federal and local government
funds for purposes of this subsection.
     (3) Moneys in the account shall be
considered to be General Fund moneys for purposes of section 1 (3), Article
XI-G of the Oregon Constitution, are continuously appropriated to the
Department of Higher Education and may be transferred to the Department of
Higher Education Capital Construction Fund for the education building and
complex project described in subsection (1) of this section. [2005 c.787 §10]
     Note: See note under 351.507.
     351.518
University of
     (2) The account shall consist of federal
and local government funds made available to and funds donated to the Oregon
University System for the purpose of the Gilbert Hall project described in
subsection (1) of this section. Interest earned on moneys in the account shall
be credited to the account. The account may not be credited with more than
$3,300,000 in interest, donations and federal and local government funds for
purposes of this subsection.
     (3) Moneys in the account shall be
considered to be General Fund moneys for purposes of section 1 (3), Article
XI-G of the Oregon Constitution, are continuously appropriated to the
Department of Higher Education and may be transferred to the Department of
Higher Education Capital Construction Fund for the Gilbert Hall project
described in subsection (1) of this section. [2005 c.787 §12]
     Note: See note under 351.507.
     351.519
     (2) The account shall consist of proceeds
from lottery bonds made available to the Oregon University System for the
purpose of the
     (3) Moneys in the account shall be
considered to be General Fund moneys for purposes of section 1 (3), Article
XI-G of the Oregon Constitution, and are continuously appropriated to the
Department of Higher Education for the integrative science complex project described
in subsection (1) of this section. The account may not be credited with more
than $4,750,000 in interest and proceeds from lottery bonds. [2003 c.725 §10]
     Note: See note under 351.509.
     351.520 [Amended by 1981 c.660 §30; renumbered
351.315 in 1995]
     351.521
     (2) The account shall consist of federal
and local government funds made available to and funds donated to the Oregon
University System for the purpose of the University of Oregon School of Music
project described in subsection (1) of this section. Interest earned on moneys
in the account shall be credited to the account.
     (3) Moneys in the account shall be
considered to be General Fund moneys for purposes of section 1 (3), Article
XI-G of the Oregon Constitution, and are continuously appropriated to the
Department of Higher Education for that purpose. The account may not be
credited with more than $7,600,000 in interest, donations and federal and local
government funds for purposes of this subsection. [2001 c.845 §10; 2003 c.674 §13]
     Note: See note under 351.511.
     351.522 [1995 c.254 §12; repealed by 1997 c.584 §15]
     351.523
Campus Development Project Account. (1) There is established in the General Fund an account to be known as
the Campus Development Project Account. Funds in the account shall be used for
remodeling, expansion and renovation of the current
     (2) The account shall consist of federal
and local government funds made available to and funds donated to the Oregon
University System for the purposes of the Campus Development Project described
in subsection (1) of this section. Interest earned on moneys in the account
shall be credited to the account.
     (3) Moneys in the account shall be
considered to be General Fund moneys for purposes of section 1 (3), Article
XI-G of the Oregon Constitution, and are continuously appropriated to the
Department of Higher Education for that purpose. The account may not be
credited with more than $5,700,000 in interest, donations and federal and local
government funds for purposes of this subsection. [1997 c.584 §8; 2003 c.674 §14]
     Note: 351.523 and 351.528 were enacted into law by
the Legislative Assembly but were not added to or made a part of ORS chapter
351 or any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
     351.524
Southern
     (2) The account shall consist of proceeds
from lottery bonds and federal and local government funds made available to and
funds donated to the Oregon University System for the purpose of the Southern
Oregon University library project described in subsection (1) of this section.
Interest earned on moneys in the account shall be credited to the account.
     (3) Moneys in the account shall be
considered to be General Fund moneys for purposes of section 1 (3), Article
XI-G of the Oregon Constitution, and are continuously appropriated to the
Department of Higher Education for that purpose. The account may not be credited
with more than $10,000,000 in interest, proceeds from lottery bonds, donations
and federal and local government funds for purposes of this subsection. [2001
c.845 §13; 2003 c.674 §15]
     Note: See note under 351.511.
     351.525 [1997 c.584 §9b; repealed by 2003 c.674 §30]
     351.526
Millar
     (2) The account shall consist of federal
and local government funds made available to and funds donated to the Oregon
University System for the purposes of the
     (3) Moneys in the account shall be
considered to be General Fund moneys for purposes of section 1 (3), Article
XI-G of the Oregon Constitution, and are continuously appropriated to the
Department of Higher Education for that purpose. The account may not be
credited with more than $1,431,000 in interest, donations and federal and local
government funds for purposes of this subsection. [1999 c.890 §11; 2003 c.674 §16]
     Note: 351.526 was enacted into law by the
Legislative Assembly but was not added to or made a part of ORS chapter 351 or
any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
     351.527 [1995 c.254 §13; repealed by 1997 c.584 §15]
     351.528
Urban Center Phase I Project Account. (1) There is established in the General Fund an account to be known as
the Urban Center Phase I Project Account. Funds in the account shall be used
for construction, remodeling and acquisition of land for the Urban Center Phase
I.
     (2) The account shall consist of federal
and local government funds made available to and funds donated to the Oregon
University System for the purposes of the Urban Center Phase I project
described in subsection (1) of this section. Interest earned on moneys in the
account shall be credited to the account.
     (3) Moneys in the account shall be
considered to be General Fund moneys for purposes of section 1 (3), Article
XI-G of the Oregon Constitution, and are continuously appropriated to the
Department of Higher Education for that purpose. The account shall not be
credited with more than $7,865,000 in interest, donations and federal and local
government funds for purposes of this subsection. [1997 c.584 §9; 2003 c.674 §17]
     Note: See note under 351.523.
     351.529
     (2) The account shall consist of federal
and local government funds made available to and funds donated to the Oregon
University System for the purpose of the Portland State University Native
American Center project described in subsection (1) of this section. Interest
earned on moneys in the account shall be credited to the account.
     (3) Moneys in the account shall be
considered to be General Fund moneys for purposes of section 1 (3), Article
XI-G of the Oregon Constitution, and are continuously appropriated to the
Department Higher Education for that purpose. The account may not be credited
with more than $1,200,000 in interest, donations and federal and local
government funds for purposes of this subsection. [2001 c.845 §9; 2003 c.674 §18]
     Note: See note under 351.511.
     351.530 [Renumbered 351.317 in 1995]
     351.531 [1997 c.584 §9a; repealed by 2003 c.674 §30]
     351.532
     (2) The account shall consist of proceeds
from lottery bonds made available to the Oregon University System for the
purpose of the
     (3) Moneys in the account shall be
considered to be General Fund moneys for purposes of section 1 (3), Article
XI-G of the Oregon Constitution, and are continuously appropriated to the
Department of Higher Education for the capital construction project described
in subsection (1) of this section. The account may not be credited with more
than $4,750,000 in interest and proceeds from lottery bonds. [2003 c.725 §8;
2007 c.761 §31]
     Note: See note under 351.509.
     351.533
     (2) The account shall consist of federal
and local government funds made available to and funds donated to the Oregon
University System for the purpose of the Oregon State University College of
Veterinary Medicine building project described in subsection (1) of this section.
Interest earned on moneys in the account shall be credited to the account.
     (3) Moneys in the account shall be
considered to be General Fund moneys for purposes of section 1 (3), Article
XI-G of the Oregon Constitution, and are continuously appropriated to the
Department of Higher Education for that purpose. The account may not be
credited with more than $4,000,000 in interest, donations and federal and local
government funds for purposes of this subsection. [2001 c.845 §12; 2003 c.674 §19]
     Note: See note under 351.511.
     351.534
     (2) The account shall consist of federal
and local government funds made available to and funds donated to the Oregon
University System for the purpose of the
     (3) Moneys in the account shall be
considered to be General Fund moneys for purposes of section 1 (3), Article
XI-G of the Oregon Constitution, and are continuously appropriated to the
Department of Higher Education for that purpose. The account may not be
credited with more than $20,000,000 in interest, donations and federal and
local government funds for purposes of this subsection. [2001 c.845 §11; 2001
c.849 §3; 2003 c.674 §20]
     Note: See note under 351.511.
     351.535 [1993 c.538 §10; repealed by 2003 c.674 §30]
     351.536 [1995 c.254 §11; repealed by 2003 c.674 §30]
     351.537
Allen Hall Phase II Project Account. (1) There is established in the General Fund an account to be known as
the Allen Hall Phase II Project Account. Funds in the account shall be used for
the remodeling of Allen Hall at the
     (2) The account shall consist of federal and
local government funds made available to and funds donated to the Oregon
University System for the purposes of the Allen Hall Phase II project described
in subsection (1) of this section. Interest earned on moneys in the account
shall be credited to the account.
     (3) Moneys in the account shall be
considered to be General Fund moneys for purposes of section 1 (3), Article
XI-G of the Oregon Constitution, and are continuously appropriated to the
Department of Higher Education for that purpose. The account may not be
credited with more than $561,800 in interest, donations and federal and local
government funds for purposes of this subsection. [1999 c.890 §12; 2003 c.674 §21]
     Note: 351.537 to 351.539 were enacted into law by
the Legislative Assembly but were not added to or made a part of ORS chapter
351 or any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
     351.538
     (2) The account shall consist of federal
and local government funds made available to and funds donated to the Oregon
University System for the purposes of the
     (3) Moneys in the account shall be considered
to be General Fund moneys for purposes of section 1 (3), Article XI-G of the
Oregon Constitution, and are continuously appropriated to the Department of
Higher Education for that purpose. The account may not be credited with more
than $6,360,000 in interest, donations and federal and local government funds
for purposes of this subsection. [1999 c.890 §13; 2003 c.674 §22]
     Note: See note under 351.537.
     351.539
Straub Hall Project Account.
(1) There is established in the General Fund an account to be known as the
Straub Hall Project Account. Funds in the account shall be used for the
additions to and alterations of Straub Hall at the
     (2) The account shall consist of federal
and local government funds made available to and funds donated to the Oregon
University System for the purposes of the Straub Hall project described in
subsection (1) of this section. Interest earned on moneys in the account shall
be credited to the account.
     (3) Moneys in the account shall be
considered to be General Fund moneys for purposes of section 1 (3), Article
XI-G of the Oregon Constitution, and are continuously appropriated to the
Department of Higher Education for that purpose. The account may not be
credited with more than $1,166,000 in interest, donations and federal and local
government funds for purposes of this subsection. [1999 c.890 §14; 2003 c.674 §23]
     Note: See note under 351.537.
     351.540
Special checking account of board. (1) Unless otherwise provided by law, or by federal order or regulation
with respect to federal funds, the State Board of Higher Education, with the
approval of the State Treasurer, may deposit with the State Treasurer any
moneys coming into its possession. Moneys so deposited shall be credited by the
State Treasurer to a special checking account.
     (2) The moneys in the special checking
account are continuously appropriated to the Department of Higher Education.
The special checking account may be used for the purpose of clearing items
subject to subsequent debit or credit to state funds.
     (3) Disbursements may be made by check or
order of the board upon the State Treasurer, signed by such officer or
administrative head as the board, by motion or resolution, nominates for that
purpose. Disbursements shall be made only in payment of claims authorized by
law for the ordinary expenditures of the State Board of Higher Education
incurred in the operation of the state institutions of higher learning.
     (4) Funds in the account established under
subsection (1) of this section may be held as petty cash or carried with the
State Treasurer in segregated subaccounts, to be disbursed in accordance with
subsection (3) of this section. With the approval of the State Treasurer, petty
cash funds may be deposited in banks for safekeeping purposes and disbursed
therefrom in payment of claims authorized by law by employees of the board
authorized by the disbursing officer. The boardÂ’s duly designated disbursing
officer from time to time shall reimburse the petty cash funds or subaccounts
upon the presentation of satisfactory evidence of disbursements therefrom
pursuant to law. [Amended by 1967 c.454 §31; 1979 c.479 §1; 2003 c.674 §24]
     351.545
Higher Education Isolation Facility Bond Sinking Fund. (1) The State Board of Higher Education
shall maintain with the State Treasurer, a Higher Education Isolation Facility
Bond Sinking Fund, separate and distinct from the General Fund. The Higher
Education Isolation Facility Bond Sinking Fund shall provide for the payment of
principal and interest of bonds issued under the authority of Article XI-F(1)
of the Oregon Constitution and ORS 351.350 in an amount equal to the amount
authorized for expenditure by section 3 (2)(b), chapter 709, Oregon Laws 1971,
and expended as provided therein. The sinking fund may be invested by the State
Treasurer, and the earnings from such investments shall be credited to the
sinking fund.
     (2) The Higher Education Isolation
Facility Bond Sinking Fund shall consist of moneys received as net revenues
from the isolation facilities for which the expenditure of funds is authorized
by section 3 (2)(b), chapter 709, Oregon Laws 1971, including gifts, grants and
building fees, moneys received as accrued interest on bonds sold, earnings from
investments on the sinking fund, the proceeds of the sale of refunding bonds
and any accrued interest on such refunding bonds, moneys appropriated to the
sinking fund by the Legislative Assembly and moneys received for the purposes
of the sinking fund from all other sources. All moneys in the sinking fund are
continuously appropriated to the board for the purposes provided in subsection
(1) of this section.
     (3) The sinking fund shall not be used for
any purpose other than that for which the fund was created; but should a
balance remain therein after the purpose for which the fund was created has
been fulfilled, or the sinking fund and investments thereof, will, in the
judgment of the board, be sufficient to meet in full the principal of and the
interest upon all Higher Education Isolation Facility bonds then such excess
funds may be transferred by the board to funds to be used for research related
to veterinary medicine. [1971 c.688 §3; 1973 c.809 §2; 1975 c.550 §13; 1977
c.281 §5; 1977 c.855 §19; 1981 c.660 §31; 1987 c.452 §1; 1995 c.79 §193; 1995
c.110 §6]
     351.550 [Repealed by 1979 c.479 §2]
     351.555 [1971 c.709 §13; repealed by 1995 c.110 §9]
     351.560 [Amended by 1967 c.255 §1; 1967 c.454 §32;
1971 c.80 §2; repealed by 1979 c.479 §2]
     351.570 [1961 c.577 §2; 1965 c.585 §1; renumbered
348.010]
     351.580 [1967 c.404 §5; renumbered 351.512 (2) in
1995]
     351.590
Higher Education Student Activities Fund. (1) The State Board of Higher Education shall maintain with the State
Treasurer a fund, separate and distinct from the General Fund, known as the Higher
Education Student Activities Fund in which shall be deposited all revenue from
incidental fees, optional fees, health services fees and all operating revenue
from intercollegiate athletics, student unions and educational activities.
     (2) The moneys in the Higher Education
Student Activities Fund are continuously appropriated to the Department of
Higher Education. Disbursements from the fund, including any interest credited
thereto, may be made for necessary expenses for supplies, services and equipment
associated with student activities including but not limited to recruiting,
training and grant-in-aid to intercollegiate athletes.
     (3) The fund may be invested by the State
Treasurer, and the earnings from such investments shall be credited to the
fund. The State Board of Higher Education shall distribute annually the total
interest earnings proportionately to each institution based on each institutionÂ’s
average cash balance in the fund. [1975 c.558 §7; 1987 c.256 §1; 1989 c.966 §36;
1995 c.110 §7; 2003 c.674 §25]
     351.605 [Formerly 351.120; 1961 c.558 §1; 1963 c.328
§1; renumbered 348.210]
     351.610 [1963 c.539 §2; renumbered 348.220]
     351.615
Higher
     351.620 [1961 c.558 §4; renumbered 348.230]
     351.625 [1959 c.564 §12; 1961 c.558 §2; renumbered
348.240]
     351.626
Department of Higher Education Capital Construction Fund. (1) The Department of Higher Education
Capital Construction Fund is established separate and distinct from the General
Fund. Interest earned on moneys in the Department of Higher Education Capital
Construction Fund shall be credited to the fund.
     (2) Moneys in the Department of Higher
Education Capital Construction Fund are appropriated continuously to the
Department of Higher Education and may be disbursed by the department for the
construction, remodeling, expansion and renovation of facilities within the
Oregon University System. [2005 c.787 §16]
     Note: 351.626 was enacted into law by the
Legislative Assembly but was not added to or made a part of ORS chapter 351 or
any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
     351.627
Higher Education Capital Construction Fund. (1) There is created a Higher Education Capital Construction Fund,
separate and distinct from the General Fund, to consist of all moneys credited
thereto, including moneys from the Administrative Services Economic Development
Fund. Interest earned by the fund shall be credited to the fund. The fund is
continuously appropriated to the State Board of Higher Education for purposes
of capital construction.
     (2) No building, facility or project to be
funded from the Higher Education Capital Construction Fund shall be commenced
and no expenditure therefor shall be made or incurred except for land
purchases, architectural or engineering planning until a plan therefor has been
submitted by the State Board of Higher Education to and approved by the
Emergency Board. [1985 c.828 §5; 1989 c.966 §§37,73]
     351.628
Higher Education Academic Modernization Account. (1) There is established in the General Fund
an account to be known as the Higher Education Academic Modernization Account.
Funds in the account shall be used at state institutions of higher education
within the Oregon University System for academic modernization, capital repair,
deferred maintenance and making facilities compliant with building and safety
codes.
     (2) The account shall consist of funds
donated to the Oregon University System for the purposes described in
subsection (1) of this section. The account may also consist of other funds
available to the Oregon University System for the purposes described in
subsection (1) of this section. The Department of Higher Education may not
deposit any moneys into the account that were appropriated to the department
under chapter 725, Oregon Laws 2003. Interest earned on moneys in the account
shall be credited to the account.
     (3) Moneys in the account shall be
considered to be General Fund moneys for purposes of section 1 (3), Article
XI-G of the Oregon Constitution, and are continuously appropriated to the
Department of Higher Education for the purposes described in subsection (1) of
this section. The account may not be credited with more than $1,000,000 in
interest, donations and other funds. [2003 c.725 §12]
     Note: See note under 351.509.
     Note: Legislative Counsel has substituted “chapter
725, Oregon Laws 2003,” for the words “this 2003 Act” in section 12, chapter
725, Oregon Laws 2003, compiled as 351.628. 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 2003 Comparative
Section Table located in Volume 20 of ORS.
     351.630 [1959 c.564 §13; 1961 c.558 §5; renumbered
348.250]
     351.633
Form of contract to be paid from Higher Education Capital Construction Fund. Any contract entered into by the State Board
of Higher Education to be paid from the Higher Education Capital Construction
Fund for which there are insufficient funds therein at the time the contract is
entered into must contain a provision authorizing cancellation thereof if the
funds do not become available. [1985 c.828 §6]
     351.635 [1959 c.564 §1; renumbered 348.510]
     351.638
Faculty Recruitment Fund.
(1) A Faculty Recruitment Fund is created in the General Fund of the State
Treasury. All moneys in the fund are appropriated continuously and shall be
expended by the State Board of Higher Education for the purpose of attracting
new, outstanding faculty members to the institutions in the Oregon University
System. This purpose includes payment of costs incurred in relocating new
faculty, retraining necessary teaching assistants for new faculty, acquisition
of equipment such as laboratory equipment and facilities to support research by
new faculty, payment of other costs incurred in recruiting new faculty and
payment of costs associated with committing salary supplements to newly
recruited faculty over a period of more than one year.
     (2) The state board shall seek funds from
private sources for deposit to the credit of the fund. Funds from other sources
shall not be transferred or credited to the fund without prior authorization of
the appropriate legislative review agency as described in ORS 291.375 (1). [1987
c.630 §1]
     351.640 [1959 c.564 §7; renumbered 348.520]
STUDENTS
     351.642
Status of members of Armed Forces; spouses and children. (1) As used in this section:
     (a) “Active member of the Armed Forces of
the
     (A) Reside in this state while assigned to
duty at any base, station, shore establishment or other facility in this state;
     (B) Reside in this state while serving as
members of the crew of a ship that has an
     (C) Reside in another state or a foreign
country and establish
     (b) “Armed Forces of the
     (A) The Army, Navy, Air Force, Marine
Corps and Coast Guard of the
     (B) Reserve components of the Army, Navy,
Air Force, Marine Corps and Coast Guard of the
     (C) The National Guard of the
     (c) “Dependent children” includes any
children of an active member of the Armed Forces of the
     (A) Are under 18 years of age and not
married, otherwise emancipated or self-supporting; or
     (B) Are under 23 years of age, unmarried,
enrolled in a full-time course of study in an institution of higher learning
and dependent on the member for over one-half of their support.
     (2) Active members of the Armed Forces of
the United States and their spouses and dependent children shall be considered
residents of this state for the purpose of admission and for the purpose of
determining fees and tuition to be paid by such individuals while attending any
educational institution in this state that is under the control of the State
Board of Higher Education.
     (3) The State Board of Higher Education
may contract with the Armed Forces of the
     (4) The State Board of Higher Education
shall determine the number of such students that should be accepted and shall
make final decisions on admission of individual applicants.
     (5) Students attending
     (6) Payments made by the Armed Forces of
the
     351.643
Rights of student in military ordered to active duty; rules. (1) A student at a state institution of
higher education who is a member of the military and who is ordered to federal
or state active duty for more than 30 consecutive days has the following
rights:
     (a) With regard to a course in which the
student is enrolled and for which the student has paid tuition and fees, the
right to:
     (A) Withdraw from the course, subject to
the provisions of subsection (2) of this section;
     (B) Receive a grade of incomplete and,
upon release from active duty, complete the course in accordance with the
practice of the state institution of higher education for completion of
incomplete courses; or
     (C) Continue and complete the course for
full credit, subject to the provisions of subsection (3) of this section;
     (b) The right to a credit described in ORS
351.644 for all amounts paid for room, board, tuition and fees;
     (c) If the student elects to withdraw from
the state institution of higher education, the right to be readmitted and
reenrolled at the state institution of higher education within one year after
release from active duty without a requirement of redetermination of admission
eligibility; and
     (d) The right to continuation of
scholarships and grants awarded to the student that were funded by the state
institution of higher education or the Oregon Student Assistance Commission
before the student was ordered to active duty.
     (2) If the student elects to withdraw from
a course under subsection (1)(a)(A) of this section, the state institution of
higher education may not:
     (a) Give the student academic credit for
the course from which the student withdraws;
     (b) Give the student a failing grade or a
grade of incomplete or make any other negative annotation on the studentÂ’s
record; or
     (c) Alter the student’s grade point
average due to the studentÂ’s withdrawal from the course.
     (3) A student who elects to continue and
complete a course for full credit under subsection (1)(a)(C) of this section is
subject to the following conditions:
     (a) Course sessions the student misses due
to active duty shall be counted as excused absences and may not adversely
impact the studentÂ’s grade for the course or rank in the studentÂ’s class.
     (b) The student may not be automatically
excused from completing course assignments due during the period the student
serves on active duty.
     (c) A letter grade or a grade of pass may
be awarded only if, in the opinion of the teacher of the course, the student
completes sufficient work and demonstrates sufficient progress toward meeting
course requirements to justify the grade.
     (4) The State Board of Higher Education
shall adopt rules for the administration of this section.
     (5) As used in this section, “member of
the military” means a person who is a member of:
     (a) The Oregon National Guard or the
National Guard of any other state or territory; or
     (b) The reserves of the Army, Navy, Air
Force, Marine Corps or Coast Guard of the
     351.644
Credit for room, board, tuition and fees for student ordered to active duty;
rules. (1)(a) The amount of
the credit specified in ORS 351.643 (1)(b) shall be based on:
     (A) The amount of room and board paid by
the student for a term that the student does not complete because the student
is ordered to active duty; and
     (B) The amount of tuition and fees paid by
the student for a course from which the student withdraws.
     (b) The amount of the credit shall be
prorated based on the number of weeks remaining in the term or course when the
student withdraws.
     (c) At the time a student withdraws from a
course at a state institution of higher education or from the state institution
of higher education, the student must elect to claim the credit:
     (A) As a credit toward tuition and fees or
room and board if the student reenrolls at the state institution of higher
education under ORS 351.643 (1)(c); or
     (B) As a monetary payment.
     (2) A student who elects to claim the
credit by the method described in subsection (1)(c)(A) of this section may
change the method of claiming the credit to the method described in subsection
(1)(c)(B) of this section by giving notice to the state institution of higher
education from which the student withdraws.
     (3) A student who elects to claim the
credit by the method described in subsection (1)(c)(A) of this section must use
the credit or change the method of claiming the credit under subsection (2) of
this section within one year after release from active duty.
     (4) A personal representative of a student
who elected to claim the credit by the method described in subsection (1)(c)(A)
of this section may claim a monetary payment upon presenting evidence to the
state institution of higher education that the student died while serving on
active duty.
     (5) The State Board of Higher Education
shall adopt rules for the administration of this section, including rules that
determine the amount of credit and the method by which the credit is prorated. [2005
c.170 §6]
     351.645 [1959 c.564 §8; 1961 c.416 §2; renumbered
348.530]
     351.646
Credit for education and training received while in Armed Forces; rules. A state institution of higher education
listed in ORS 352.002 shall give credit for education and training obtained by
a person while serving in the Armed Forces of the
     Note: 351.646 was enacted into law by the
Legislative Assembly but was not added to or made a part of ORS chapter 351 or
any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
     351.647
Nonresident tuition in post-secondary educational institutions. The Legislative Assembly finds that:
     (1) It is in the interest of this state
and its people that Oregon residents have access to the post-secondary
institutions in the Northwest which best provide for the educational needs of
those students;
     (2) The people of
     (3) The state should reduce or eliminate
the nonresident tuition barriers which might exist between the states of
     (4) The general policy statement on
reduction of admission and tuition barriers between the states of Oregon and Washington
shall not apply to students at the Oregon Health and Science University, where
enrollment priority shall continue to be given to qualified Oregon residents;
and
     (5) The State Board of Higher Education
and the State Board of Education shall develop plans to carry out the intent of
this policy within the appropriations available, and shall report to the
appropriate legislative review agency before implementing the plan. [Formerly
351.073]
     351.649
Student journalists; student expression; civil action. (1) For the purposes of this section:
     (a) “Public institution of higher
education” means:
     (A) A community college;
     (B) A state institution of higher
education listed in ORS 352.002; and
     (C) The
     (b) “School-sponsored media” means
materials that are prepared, substantially written, published or broadcast by
student journalists, that are distributed or generally made available, either
free of charge or for a fee, to members of the student body and that are prepared
under the direction of a student media adviser. “School-sponsored media” does
not include media intended for distribution or transmission solely in the
classrooms in which they are produced.
     (c) “Student journalist” means a student
who gathers, compiles, writes, edits, photographs, records or prepares
information for dissemination in school-sponsored media.
     (d) “Student media adviser” means a person
who is employed, appointed or designated by a public institution of higher
education to supervise, or provide instruction relating to, school-sponsored
media.
     (2) Student journalists are responsible
for determining the news, opinion, feature and advertising content of
school-sponsored media. This subsection does not prevent a student media
adviser from teaching professional standards of English and journalism to the
student journalists.
     (3) Nothing in this section may be
interpreted to authorize expression by students that:
     (a) Is libelous or slanderous;
     (b) Constitutes an unwarranted invasion of
privacy;
     (c) Violates federal or state statutes,
rules or regulations or state common law; or
     (d) So incites students as to create a
clear and present danger of:
     (A) The commission of unlawful acts on or
off school premises;
     (B) The violation of school policies; or
     (C) The material and substantial
disruption of the orderly operation of the school. A school official must base
a forecast of material and substantial disruption on specific facts, including
past experience in the school and current events influencing student behavior,
and not on undifferentiated fear or apprehension.
     (4) Any student enrolled in a public
institution of higher education may commence a civil action to obtain damages
under this subsection and appropriate injunctive or declaratory relief as
determined by a court for a violation of subsection (2) of this section, the
First Amendment to the United States Constitution or section 8, Article I of
the Oregon Constitution. Upon a motion, a court may award $100 in damages and
injunctive and declaratory relief to a prevailing plaintiff in a civil action
brought under this subsection. [2007 c.763 §2]
     Note: 351.649 was enacted into law by the
Legislative Assembly but was not added to or made a part of ORS chapter 351 or
any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
     351.650 [1959 c.564 §§4,5; renumbered 348.540]
     351.653
Interstate agreements. (1)
In addition to any interstate agreements entered into under ORS 351.647, the
Governor shall encourage interstate agreements with
     (a) Provide for full-time equivalent
reimbursement to this state for any students from another state who enroll in
an
     (b) Provide that only students who reside
in counties that share a common border with this state may participate in any
program developed pursuant to such an agreement; and
     (c) Provide that the county government or
other similar county-wide public organization of any county involved in the
agreement shall provide or arrange to provide a portion of the costs of
attendance for participating students.
     (2) Any public post-secondary institution
entering into an interstate agreement under this section shall send a copy of
the agreement to the Governor and the State Board of Education.
     (3) The provisions of this section shall
not apply to interstate agreements entered into pursuant to ORS 351.647. [1997
c.521 §5]
     Note: 351.653 was enacted into law by the
Legislative Assembly but was not added to or made a part of ORS chapter 351 or
any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
     351.655 [1959 c.564 §3; renumbered 348.550]
     351.660 [1959 c.564 §6; renumbered 348.560]
ENGINEERING
EDUCATION
     351.663
Engineering and Technology Industry Council; establishment; membership; duties;
investment of fund. (1) The
State Board of Higher Education shall establish an Engineering and Technology
Industry Council. A majority of the council members shall be representatives of
high technology companies in
     (2) The council shall establish criteria
and measurements that will be used for determining investments made from the
Oregon Engineering Education Investment Fund.
     (3) The criteria and measurements
established by the council shall include:
     (a) Responding to the urgent engineering
educational needs of
     (b) Increasing this state’s faculty and
program capacity to meet the graduate level, professional education needs of
engineers working in
     (c) Creating additional opportunities for
Oregonians to pursue education in electrical engineering, computer engineering
and other engineering disciplines critical to the advancement of
     (d) Investing relatively scarce state
financial resources to:
     (A) Address the high technology industry’s
most demonstrated and pressing needs;
     (B) Produce the greatest amount of
educational benefits with the least short- and long-term costs to the public;
     (C) Avoid duplicating existing public or
private resources; and
     (D) Leverage existing and future private
resources for the public benefit.
     (e) Making all investments in public and
private institutions through performance-based contracts with measurable
outcomes in order to ensure strong linkage between the most urgent engineering
education needs and implemented solutions.
     (f) Maximizing the leverage of state
investment funds to build faculty and program capacity and share existing and
new faculty and program resources.
     (4) Priority shall be given to investments
where private financial resources from
     (5) The council shall submit biennial
performance reviews of all investments made to improve engineering education
with public funds in public and private institutions. The reviews shall be
submitted to the Chancellor of the Oregon University System and the State Board
of Higher Education. [1997 c.641 §3]
     Note: 351.663, 351.666 and 351.668 were enacted
into law by the Legislative Assembly but were not added to or made a part of
ORS chapter 351 or any series therein by legislative action. See Preface to
Oregon Revised Statutes for further explanation.
     351.665 [1959 c.564 §11; renumbered 348.570]
     351.666
     (2) The moneys in the fund are
appropriated continuously to the Department of Higher Education for the purpose
of investments in engineering education.
     (3) There is established a goal of at
least $100 million that will be invested in engineering education through the fund
prior to July 1, 2007. [1997 c.641 §1]
     Note: See note under 351.663.
     351.668
Use of money in fund. The
State Board of Higher Education shall use the money from the Oregon Engineering
Education Investment Fund solely for the purpose of investing in engineering
education. The board shall follow the criteria and measurements established by
the Engineering and Technology Industry Council in allocating money for
investments in engineering education. [1997 c.641 §2]
     Note: See note under 351.663.
     351.670 [1959 c.564 §9; 1961 c.416 §3; renumbered
348.580]
     351.672 [1961 c.416 §1; renumbered 348.590]
     351.673 [1961 c.577 §1; repealed by 1965 c.585 §2]
     351.675 [1959 c.564 §10; renumbered 348.600]
     351.676 [2001 c.920 §1; 2003 c.14 §159; repealed by
2005 c.748 §30]
     351.678 [2001 c.920 §3; repealed by 2005 c.748 §30]
     351.680 [2001 c.920 §4; repealed by 2005 c.748 §30]
     351.683 [2001 c.920 §6; 2001 c.920 §§6b,6c; repealed
by 2005 c.748 §30]
     351.686 [2001 c.920 §7; repealed by 2005 c.748 §30]
     351.689 [2001 c.920 §9; 2003 c.794 §261; repealed by
2005 c.748 §30]
     351.690 [2001 c.920 §8; 2002 s.s.3 c.6 §16; repealed
by 2005 c.748 §30]
     351.691 [2001 c.920 §2; repealed by 2005 c.748 §30]
VENTURE GRANT
PROGRAM
     351.692
Venture grant program; applicant requirements. The State Board of Higher Education shall
adopt policies that prescribe the requirements for a venture grant program and
the requirements that a grant applicant must meet in order to receive grant
moneys from a university venture development fund, including requirements:
     (1) That a grant recipient remain within
this state for at least five years following the receipt of a grant or repay
the grant plus interest;
     (2) That each university that establishes
a university venture development fund report amounts of tax credit certificates
issued by the university and maintain records of income realized by the
university as the result of grants made from the fund and records of amounts
paid to the General Fund; and
     (3) Under which the Oregon University
System is to maintain records and issue directions to universities that have
established university venture development funds relating to when universities
must cease issuing certificates, in order to ensure that the total amount owed
to the General Fund by the Oregon University System at any one time under ORS
351.697 (6) does not exceed $6 million. [2005 c.592 §2; 2007 c.586 §2]
     Note: 351.692, 351.695 and 351.697 were enacted
into law by the Legislative Assembly but were not added to or made a part of
ORS chapter 351 or any series therein by legislative action. See Preface to
Oregon Revised Statutes for further explanation.
     351.695
University venture development funds; deposit; use; fee. (1) A university within the Oregon
University System may deposit moneys received for its university venture
development fund in the Higher Education Donation Fund established under ORS
351.130.
     (2) Notwithstanding ORS 351.697 (5), the
State Treasurer, as payment for expenses, may deduct a fee pursuant to ORS 293.718
from a university venture development fund administered by a university within
the Oregon University System or the Oregon Health and
     (3) A university within the Oregon
University System or the Oregon Health and
     (4) At the request of a university within
the Oregon University System, moneys in the Higher Education Donation Fund that
were deposited by the university under this section may be transferred to the
universityÂ’s affiliated foundation.
     (5) A university within the Oregon
University System or the Oregon Health and
     Note: See note under 351.692.
     351.697
Purpose of funds; disbursement; assessment; report. (1) Each university in the Oregon University
System and Oregon Health and
     (2) The purposes of a university venture
development fund are to provide:
     (a) Capital for university entrepreneurial
programs;
     (b) Opportunities for students to gain
experience in applying research to commercial activities;
     (c) Proof-of-concept funding for
transforming research and development concepts into commercially viable
products and services;
     (d) Entrepreneurial opportunities for
persons interested in transforming research into viable commercial ventures
that create jobs in this state; and
     (e) Tax credits for contributors to
university research commercialization activities.
     (3) Each university that elects to
establish a university venture development fund shall:
     (a) Notify the Department of Revenue of
the establishment of the fund;
     (b) Either directly or through its affiliated
foundation, solicit contributions to the fund and receive, manage and disburse
moneys contributed to the fund;
     (c) Subject to ORS 315.521 (1), 351.692
(3) and 353.445 (3), issue tax credit certificates to contributors to the fund
in the amount of the contributions;
     (d) Establish a grant program that meets
the requirements for a venture grant program under policies adopted by the
State Board of Higher Education under ORS 351.692 or under policies adopted by
the Oregon Health and Science University Board of Directors under ORS 353.445;
and
     (e) Subject to available moneys from the
fund, provide qualified grant applicants with moneys for the purpose of
facilitating the commercialization of university research and development.
     (4) Except as provided in subsection (5)
of this section, moneys in a university venture development fund shall be
disbursed only as directed by a university.
     (5) A university or its affiliated
foundation may charge its customary administrative assessment to manage its
university venture development fund in an amount not to exceed three percent of
the fundÂ’s average balance during the fiscal year of the university or its
affiliated foundation. The administrative assessment may be paid from the
assets in the fund. Except as authorized by law, no other fees or indirect
costs shall be charged against the university venture development fund or any
associated grants or other disbursements from the fund.
     (6) A university that has established a
university venture development fund shall monitor the use of grants made from
the fund and identify the income realized by the university as the result of
the use of the grants. Income consists of cash realized from royalties,
milestone and license fee payments and cash from the sale of equity. The
university shall cause the transfer of 20 percent of the income realized from
the grants to the General Fund, but not to exceed the amount of the tax credits
issued by the university as a result of contributions to its university venture
development fund. Immediately upon deposit of the transferred amount into the
General Fund, the university may issue new tax credits to equal the transferred
amount.
     (7) A university that has established a
university venture development fund shall report annually to the Legislative
Assembly or, if the Legislative Assembly is not in session, to the interim
legislative committees on revenue. The report shall be at the end of the fiscal
year of the university or of its affiliated foundation and provide information
for that fiscal year. The university shall include in the report the following
information pertaining to its university venture development fund:
     (a) The amount of donations received for
the fund;
     (b) The amount of income received from the
fund;
     (c) The amount of disbursements and grants
paid from the fund;
     (d) The amount of income and royalties
received from disbursements from the fund; and
     (e) The amount of moneys transferred from
the fund to the General Fund. [2005 c.592 §1; 2007 c.586 §1]
     Note: See note under 351.692.
     351.710 [Amended by 1959 c.459 §1; 1975 c.553 §4;
renumbered 348.835]
     351.720 [Amended by 1975 c.553 §5; renumbered
348.845]
     351.730 [Amended by 1975 c.553 §3; renumbered
348.855]
     351.740 [Renumbered 348.865]
     351.750 [Renumbered 348.875
]
     351.760 [Renumbered 348.885]
     351.765 [1957 c.409 §§1,2; 1959 c.566 §6; 1959 c.641
§37; renumbered 352.370]
WESTERN
REGIONAL HIGHER EDUCATION COMPACT
     351.770
Western Regional Higher Education Compact ratified. The Western Regional Higher Education
Compact is ratified and approved and the adherence of this state to its
provisions, upon ratification and approval by any five or more of the states or
territories therein named, is declared.
     351.780
Compact provisions. The
terms and provisions of the compact referred to in ORS 351.770 are as follows:
______________________________________________________________________________
ARTICLE I
     Whereas the future of this nation and of
the western states is dependent upon the quality of the education of its youth;
and
     Whereas many of the western states
individually do not have sufficient numbers of potential students to warrant
the establishment and maintenance within their borders of adequate facilities
in all of the essential fields of technical, professional and graduate
training, nor do all of the states have the financial ability to furnish within
their borders institutions capable of providing acceptable standards of
training in all of the fields mentioned above; and
     Whereas it is believed that the western
states, or groups of such states within the region, cooperatively can provide
acceptable and efficient educational facilities to meet the needs of the region
and of the students thereof:
     Now, therefore, the states of
ARTICLE II
     Each of the compacting states and
territories pledges to each of the other compacting states and territories
faithful cooperation in carrying out all the purposes of this compact.
ARTICLE III
     The compacting states and territories
hereby create the Western Interstate Commission for Higher Education,
hereinafter called the commission. Said commission shall be a body corporate of
each compacting state and territory and an agency thereof. The commission shall
have all the powers and duties set forth herein, including the power to sue and
be sued, and such additional powers as may be conferred upon it by subsequent
action of the respective legislatures of the compacting states and territories.
ARTICLE IV
     The commission shall consist of three
resident members from each compacting state or territory. At all times one
commissioner from each compacting state or territory shall be an educator
engaged in the field of higher education in the state or territory from which
he is appointed.
     The commissioners from each state and
territory shall be appointed by the Governor thereof as provided by law in such
state or territory. Any commissioner may be removed or suspended from office as
provided by the law of the state or territory from which he shall have been
appointed.
     The terms of each commissioner shall be
four years; provided, however, that the first three commissioners shall be
appointed as follows: One for two years, one for three years, and one for four
years. Each commissioner shall hold office until his successor shall be
appointed and qualified. If any office becomes vacant for any reason, the
Governor shall appoint a commissioner to fill the office for the remainder of
the unexpired term.
ARTICLE V
     Any business transacted at any meeting of
the commission must be by affirmative vote of a majority of the whole number of
compacting states and territories.
     One or more commissioners from a majority
of the compacting states and territories shall constitute a quorum for the
transaction of business.
     Each compacting state and territory
represented at any meeting of the commission is entitled to one vote.
ARTICLE VI
     The commission shall elect from its number
a chairman and a vice chairman, and may appoint, and at its pleasure dismiss or
remove, such officers, agents and employees as may be required to carry out the
purpose of this compact; and shall fix and determine their duties,
qualifications and compensation, having due regard for the importance of the
responsibilities involved.
     The commissioners shall serve without
compensation, but shall be reimbursed for their actual and necessary expenses
from the funds of the commission.
ARTICLE VII
     The commission shall adopt a seal and
bylaws and shall adopt and promulgate rules and regulations for its management
and control.
     The commission may elect such committees
as it deems necessary for the carrying out of its functions.
     The commission shall establish and
maintain an office within one of the compacting states for the transaction of
its business and may meet at any time, but in any event must meet at least once
a year. The chairman may call upon such additional meetings and upon the
request of a majority of the commissioners of three or more compacting states
or territories shall call additional meetings.
     The commission shall submit a budget to
the Governor of each compacting state and territory at such time and for such
period as may be required.
     The commission shall, after negotiations
with interested institutions, determine the cost of providing the facilities
for graduate and professional education for use in its contractual agreements
throughout the region.
     On or before the fifteenth day of January
of each year the commission shall submit to the governors and legislatures of
the compacting states and territories a report of its activities for the
preceding calendar year.
     The commission shall keep accurate books
of account, showing in full its receipts and disbursements, and said books of
account shall be open at any reasonable time for inspection by the Governor of
any compacting state or territory or his designated representative. The commission
shall not be subject to the audit and accounting procedure of any of the
compacting states or territories. The commission shall provide for an
independent annual audit.
ARTICLE VIII
     It shall be the duty of the commission to
enter into such contractual agreements with any institutions in the region
offering graduate or professional education and with any of the compacting
states or territories as may be required in the judgment of the commission to
provide adequate services and facilities of graduate and professional education
for the citizens of the respective compacting states or territories. The
commission shall first endeavor to provide adequate services and facilities in
the fields of dentistry, medicine, public health and veterinary medicine, and
may undertake similar activities in other professional and graduate fields.
     For this purpose the commission may enter
into contractual agreements:
     (a) With the governing authority of any
educational institution in the region, or with any compacting state or
territory, to provide such graduate or professional educational services upon
terms and conditions to be agreed upon between contracting parties, and
     (b) With the governing authority of any
educational institution in the region or with any compacting state or territory
to assist in the placement of graduate or professional students in educational
institutions in the region providing the desired services and facilities, upon
such terms and conditions as the commission may prescribe.
     It shall be the duty of the commission to
undertake studies of needs for professional and graduate educational facilities
in the region, the resources for meeting such needs, and the long-range effects
of the compact on higher education; and from time to time prepare comprehensive
reports on such research for presentation to the Western GovernorsÂ’ Conference
and to the legislatures of the compacting states and territories. In conducting
such studies, the commission may confer with any national or regional planning
body which may be established. The commission shall draft and recommend to the
Governors of the various compacting states and territories uniform legislation
dealing with problems of higher education in the region.
     For the purposes of this compact the word “region”
shall be construed to mean the geographical limits of the several compacting
states and territories.
ARTICLE IX
     The operating costs of the commission
shall be apportioned equally among the compacting states and territories.
ARTICLE X
     This compact shall become operative and
binding immediately as to those states and territories adopting it whenever
five or more of the states or territories of Arizona, California, Colorado,
Idaho, Montana, Nevada, New Mexico, Oregon, Utah, Washington, Wyoming, Alaska
and Hawaii have duly adopted it prior to July 1, 1953. This compact shall
become effective as to any additional states or territories adopting thereafter
at the time of such adoption.
ARTICLE XI
     This compact may be terminated at any time
by consent of a majority of the compacting states or territories. Consent shall
be manifested by passage and signature in the usual manner of legislation
expressing such consent by the legislature and Governor of such terminating
state. Any state or territory may at any time withdraw from this compact by
means of appropriate legislation to that end. Such withdrawal shall not become
effective until two years after written notice thereof by the Governor of the
withdrawing state or territory, accompanied by a certified copy of the
requisite legislative action, is received by the commission. Such withdrawal
shall not relieve the withdrawing state or territory from its obligations
hereunder accruing prior to the effective date of withdrawal. The withdrawing
state or territory may rescind its action of withdrawal at any time within the
two-year period. Thereafter, the withdrawing state or territory may be
reinstated by application to and the approval by a majority vote of the
commission.
ARTICLE XII
     If any compacting state or territory shall
at any time default in the performance of any of its obligations assumed or
imposed in accordance with the provisions of this compact, all rights,
privileges and benefits conferred by this compact or agreements hereunder,
shall be suspended from the effective date of such default as fixed by the
commission.
     Unless such default shall be remedied
within a period of two years following the effective date of such default, this
compact may be terminated with respect to such defaulting state or territory by
affirmative vote of three-fourths of the other member states or territories.
     Any such defaulting state may be
reinstated by: (a) performing all acts and obligations upon which it has
heretofore defaulted, and (b) application to and the approval by a majority
vote of the commission.
______________________________________________________________________________
     351.790
Effective time of compact.
Upon ratification and approval of the Western Regional Higher Education Compact
by any five or more of the specified states or territories, the Governor of
this state shall execute the compact on behalf of this state and perform any
other acts which may be deemed requisite to its formal ratification and
promulgation.
     351.800
Commission members; appointment and removal. (1) The Governor shall appoint the
     (2) The qualifications and terms of office
of the members of the commission for this state shall conform with the
provisions of Article IV of the compact.
     (3) The Governor may remove a member of
the commission for cause after notice and public hearing.
     351.810
Authority to take action to achieve ends of compact. The State Board of Higher Education, the
Oregon Health and
     351.820
Contracts with commission to furnish out-of-state educational service to
     (2) The State Board of Higher Education
and the Oregon Health and Science University Board of Directors shall negotiate
contracts with the Western Interstate Commission for Higher Education for
educational service of the kind and amount indicated by the quotas determined
under subsection (1) of this section. The board shall make payments required by
such contracts out of the money appropriated to it for that purpose.
     (3) The State Board of Higher Education
may also contract with higher education institutions, or others, which are not
members of the Western Interstate Commission for Higher Education, to furnish
educational services to students who are residents of the State of Oregon in
those areas of higher education where the educational institutions of the State
of Oregon are unable to provide the desired professional educational
opportunities. [1953 c.205 §§2,3; 1969 c.277 §1; 1995 c.162 §72]
     351.830
Selection of
     (2) The board and the
     (3) The board shall certify the names of
the students selected to the Western Interstate Commission for Higher Education
and to the out-of-state institution to which each student desires admission. [1953
c.205 §4]
     351.840
Contracts with commission to furnish educational service in
     (2) The State Board of Higher Education
and the Oregon Health and Science University Board of Directors shall determine
the number of out-of-state students that should be accepted into their
respective institutions, and shall make final decisions on admission of
individual applicants.
     (3) Payments made by the commission under
such contracts shall be deposited in the State Treasury and credited to the
accounts of the State Board of Higher Education for students enrolled in
institutions under the jurisdiction of that board in the same manner that fees
and tuition payments for resident students are deposited and credited. The
estimated amount of such payments shall be considered by the board in making
its biennial budgetary requests. Payments made by the commission under such
contracts shall be deposited with the Oregon Health and
RESEARCH
POLICY
     351.865
Definition for ORS 351.865 to 351.890. As used in ORS 351.865 to 351.890, “basic research” is defined as
scholarly investigation conducted to obtain new knowledge for its own sake. [1983
c.429 §2]
     351.870
Findings and policy for ORS 351.865 to 351.890. (1) The Legislative Assembly finds and
declares that basic research is fundamental to the continuation and expansion
of applied research and is thus a necessary ingredient in economic growth. The
Legislative Assembly further finds that basic research is itself an important
activity which should be promoted.
     (2) It is the policy of this state that basic
research is an appropriate and necessary activity of our public universities.
Further, the State of
     (3) The Legislative Assembly acknowledges
that a characteristic of basic research is that no defined result can be
guaranteed and asserts that only through scholarly investigation can knowledge
be advanced to be later developed and applied.
     (4) The Legislative Assembly believes that
moneys for basic research should be regularly appropriated and that such moneys
should be used for support of qualified investigators and funding of research
projects.
     (5) The Legislative Assembly intends that
in implementing the policy on basic research or any other research policy, the
State Board of Higher Education, in keeping with the principle of academic
freedom, shall insure open and free inquiry and publication in all institutions
under its jurisdiction. [1983 c.429 §§3,4,5,6; 1987 c.731 §1]
     351.875
Basic Research Fund; uses.
(1) There is hereby created within the State Treasury a fund, separate and
distinct from the General Fund, to be known as the Basic Research Fund. Moneys
may be credited to the fund from any public or private source. Interest
earnings of the fund from whatever source shall be credited to the fund.
     (2) The fund shall be administered by the
State Board of Higher Education according to policies and procedures adopted
pursuant to ORS 351.880 and 351.885.
     (3) Expenditures from the fund shall take
the form of grants for a time certain and may extend beyond the biennium in
which the expenditure is made. Grants may not be used for capital construction.
[1983 c.429 §7]
     351.880
Council for Research Policy Recommendations. For the purpose of recommending policies and procedures for the
administration of the fund, the board shall establish a Council for Research
Policy Recommendations. [1983 c.429 §8]
     351.885
Administration of fund. (1)
With the advice and recommendations of the council, the board shall adopt
policies and procedures for the administration of the fund.
     (2) The policies and procedures shall give
consideration to:
     (a) The promotion of basic research of the
highest caliber within our public universities;
     (b) The identification of areas of inquiry
which should be supported so as to recognize both the intrinsic value and
extrinsic economic value of basic research;
     (c) The capacity of each university to
decide where basic research moneys could best be spent within that university;
     (d) Administrative and accounting
requirements which place upon the university receiving moneys from the fund a
minimum burden sufficient to guarantee an appropriate degree of public
accountability; and
     (e) Methods of assuring nondiscriminatory
access to the fund. [1983 c.429 §9]
     351.890
Short title. ORS 351.865 to
351.890 shall be known and cited as the Research Policy Act. [1983 c.429 §1;
2007 c.71 §98]
     351.990
[Part renumbered 348.990; repealed by 1979 c.308 §7]
_______________
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