715-013-0060 Clinical Legal Education Funds (1) Definitions (a) “ABA-Approved Law School” is a law school approved by the American Bar Association (ABA) to confer Juris Doctor (JD) Degrees. (b) “Accredited Institution of Higher Education” is an institution of higher education that is accredited by an accrediting institution authorized by the US Department of Education. (c) “Civil Legal Services” are services provided to individuals for non-criminal civil matters and operated in concert with regulations adopted by the Oregon State Bar pursuant to ORS 9.572. (d) “Clinical Legal Education Program” is the program authorized by ORS 21.007 and provided by an ABA-Approved Law School at and Accredited Institution of Higher Education granting law students an opportunity to practice law in a particular area during their legal education. Clinical Legal Education Program funds are designated by the legislature on a biennial basis. (e) “Eligible Accredited Institution of Higher Education” is an Accredited Institution of Higher Education for which the HECC has certified its compliance with Section 5 of this OAR to receive Civil Legal Education Program funds. (f) The “Higher Education Coordinating Commission” or “HECC” is the body established by ORS 351.715 and appointed by the Governor. (g) “Oregon State Bar” is a public corporation established by ORS 9.010 to license and discipline lawyers, regulate the practice of law, and provide a variety of services to bar members and the public. (2) This rule allocates Civil Legal Education Program funds to Eligible Accredited Institutions of Higher Education. (3) Allocations in the first year of any biennium shall be 49% of the total appropriated to the Domestic Violence Clinical Legal Education Account. The remainder shall be allocated in the second year of the biennium. (4) Civil Legal Education Program funds are distributed in order to provide civil legal services to victims of stalking, domestic violence and assault. (5) In order to be eligible for funding under this program, institutions must meet the following conditions; (a) Be an accredited institution of higher education and have an ABA-approved law school. (b) Certify that the institution has a clinical legal education program that includes Civil Legal Services. (c) Certify that the Clinical Legal Education Program represents clients of domestic violence, stalking or sexual assault. (d) Certify that the Clinical Legal Education Program operates in concert with at least one nonprofit service provider that provides advocacy services such as counseling, safety-planning and/or shelter to victims of domestic violence, stalking or sexual assault and that this provider performs victims counseling services and provides student training. (6) Once an institution certifies to the HECC their compliance with Section 5 they need not apply every year but must recertify their eligibility on an annual basis. (7) All institutions certified as eligible and seeking funds shall submit an annual report including the following: (a) Number of clients that are victims of domestic violence, stalking or sexual assault. (b) Nature of legal issues involved. (c) Outcomes of the legal issues. (d) Categorization of victim service between, sexual assault, stalking and domestic violence. (e) Relationship of the client to the offender. (f) Whether advocacy services were provided. (8) The HECC shall award funds to institutions on a proportional basis in relation to the number of victims served. (a) Proportions shall be calculated on an annual basis. (b) If only one institution is eligible to receive funds in a given fiscal year, it shall receive all available funds in a given fiscal year. (9) The HECC will give deference to any legislative designation of specific resources or policy decisions when making determinations on allocation of funds. Statutory/Other Authority: ORS 350.075(5) Statutes/Other Implemented: ORS 350.075(3)(iii)(f) & ORS 21.007 History: HECC 11-2019, minor correction filed 03/27/2019, effective 03/27/2019 HECC 14-2015, f. & cert. ef. 11-13-15 HECC 11-2015(Temp), f. & cert. ef. 9-8-15 thru 3-5-16