justicedao/ipfs_state_laws huggingface dataset:
715-011-0050 Prohibition in Providing Education Programs, Services or Activities To the extent a program, service or activity is not covered by OAR 715-11-0010 through 715-11-0045 this rule applies. In providing education programs, service or activities to students, a post-secondary education program or career school shall not discriminate by: (1) Treating one student differently from another in determining whether such person satisfies any requirement or condition for the provision of such aid, benefit, or service; (2) Providing different aid, benefits or services; or providing such aids, benefits, or services in a different manner; (3) Denying any student such aid benefit, or service; (4) Subjecting any student to separate or different rules or behaviors, sanctions, or other treatment; (5) Excluding students from participating in or denying the benefits of any academic, extracurricular, research, occupational training, or other educational program or activity provided or, if not operated by the post-secondary education program, is required of students; (6) Providing assistance in making educational or career choices, or in the counseling and guidance services offered, nor among applicants for admission if such services are offered; (7) Aiding or perpetuating discrimination by joining or remaining a member of agency or organization that discriminates in providing any aid, benefit, or service to students or employees; (8) Otherwise limiting any student in the enjoyment of a right, privilege, advantage, or opportunity. Statutory/Other Authority: ORS 345.240 & ORS 659.850 Statutes/Other Implemented: ORS 345.240 & ORS 659.850 History: HECC 1-2018, adopt filed 01/04/2018, effective 01/04/2018
715-011-0055 Textbooks and Curricular Materials Nothing herein either prohibits or requires the use of any particular textbook or curricular materials, nor infringes upon academic freedom of faculty to create a syllabus or select materials for a course. If however, materials are found upon investigation to exert a discriminatory impact on the basis of age, sex, sexual orientation, marital status, disability, national origin, race, or religion, the post-secondary education programs and divisions shall make a reasonable effort to make available supplemental alternative nondiscriminatory materials. Statutory/Other Authority: ORS 659.850 Statutes/Other Implemented: ORS 659.850 History: HECC 1-2018, adopt filed 01/04/2018, effective 01/04/2018
715-011-0060 Retaliation Prohibited A student of a career school, a post-secondary education program or a private college or university may not be subjected to retaliation for the reason that the student has in good faith reported information that the student believes is evidence of a violation of a state or federal law, rule or regulation. Statutory/Other Authority: ORS 659.852 Statutes/Other Implemented: ORS 659.852 History: HECC 1-2018, adopt filed 01/04/2018, effective 01/04/2018
715-011-0065 Requirements of Post-Secondary Education Programs Each post-secondary education program and career school shall promptly adopt and publicize, and shall maintain, written procedures for resolution of complaints of discrimination or retaliation. Statutory/Other Authority: ORS 345.240, ORS 659.850 & ORS 659.860 Statutes/Other Implemented: ORS 659.850, ORS 354.120 & ORS 659.852 History: HECC 1-2018, adopt filed 01/04/2018, effective 01/04/2018
715-011-0070 Investigation of Career Schools (1) Upon the written complaint of any person or pursuant to the Commission’s own motion, the Commission or its delegate may investigate the actions of any career school or agent or any person who assumes to act in either capacity within this state. (2) Upon receipt of any written complaint filed under this rule or ORS 345.120(1), the commission shall notify the career school that it is the subject of an investigation. (a) When conducting an investigation, the Commission shall engage with both the career school under investigation and any affected students. (b) The Commission may impose penalties as defined in OAR 715-045-0190 if the school is found to be in violation of any standard or applicable rule. A school may also request a contested case hearing under ORS 183.310(2) upon receipt of the results of an investigation made under this rule. (c) In addition to any penalties, the Commission may also issue a notice for corrective action. If a school has been issued a notice of corrective action, that notice must include specified deficiencies that must be corrected within a specific time frame. (d) A school may request a contested case hearing under 183.310(2) upon the notice of a suspension or revocation of its license based upon an investigation conducted by the Commission finding the school has engaged in conduct described in ORS 345.120 (3)(a) through (d). (e) If a school requests a contested case hearing under 183.310(2), the school may not have its license suspended or revoked unless or until a public hearings officer determines there is proper cause. (f) Sections (a) and (b) of this rule do not limit the statutory authority of the commission to investigate schools regardless of receiving allegations from the public. (g) If the complaint alleges a violation of Oregon Revised statutes 345.010 to 345.070 or standards of OAR 715-045-0006 through 715-045-0220, the complainant may complain directly to the Commission or its delegate under OAR 715-011-0075. Statutory/Other Authority: ORS 345.120, ORS 348.603 & ORS 350.075 Statutes/Other Implemented: ORS 345.120, ORS 348.603 & ORS 350.075 History: HECC 2-2018, temporary suspend filed 02/08/2018, effective 02/08/2018 through 06/30/2018 HECC 1-2018, adopt filed 01/04/2018, effective 01/04/2018
715-011-0075 Types of Complaints (1) Students may file formal written complaints to the Commission of prohibited discrimination in post-secondary education programs that receive direct appropriations from the Legislative Assembly. (2) Students may file formal written complaints to the Commission of prohibited discrimination in admission or instruction at career schools. (3) A formal written complaint may be made to the Commission of retaliation by: (a) Post-secondary education programs and (b) Career schools. (4) (a) Students of private non-profit independent colleges may file formal complaints to the Commission that relate to state financial aid. (b) The Commission shall refer other complaints regarding private non-profit independent colleges to appropriate state or federal authorities. Statutory/Other Authority: ORS 345.240, ORS 348.603, ORS 350.075, ORS 659.850 & ORS 659.852 Statutes/Other Implemented: ORS 350.075, ORS 659.850, ORS 659.852, ORS 345.120 & ORS 648.596 History: HECC 1-2018, adopt filed 01/04/2018, effective 01/04/2018
715-011-0090 Hearing (1) The Model Rules of Procedure under the Administrative Procedure Act as amended and most recently adopted by the Attorney General and filed with the Secretary of State are adopted as the rules of practice and procedure of the Commission for the purpose of hearings within this section. The hearing will be conducted as a contested case hearing under the procedures set forth in ORS 183.413 to 183.497. (2) If mediation as described in 715-011-0085 (2)(b) fails to resolve the parties’ differences within 30 days or the Commission or its delegate determines it is appropriate, or either party disagrees with the Commission’s final order, the Commission or its delegate shall promptly establish a date for a hearing on the complaint. Unless both parties agree to an extension of the period, the hearing shall be conducted within 30 days of: (a) Failure of mediation; (b) The date of determination by the Commission or its delegate if mediation is inappropriate; or (c) Notice to the Commission of disagreement with the final order. (3) The hearing shall be conducted in accordance with provisions of Oregon’s Administrative Procedures Act. (4) The hearing shall be conducted by the Office of Administrative Hearings. Statutory/Other Authority: ORS 183.341 & ORS 350.075 Statutes/Other Implemented: ORS 183.341 History: HECC 1-2018, adopt filed 01/04/2018, effective 01/04/2018
715-012-0005 Reimbursement of Part-Time Faculty Healthcare Premiums (1) For the purpose of this rule, “health care benefits” means medical, dental, and vision benefits. (2) Not earlier than seven calendar days prior to the close of a fiscal quarter, a public institution of higher education shall submit to the Commission, in a form established by the Commission, a request for reimbursement of expenses incurred for the purpose of paying employee-only insurance premiums in such quarter for health care benefits for part-time faculty eligible for such benefits pursuant to ORS 350.355. (3) The request for reimbursement shall include only actual premium costs for health care benefits paid by the institution, not to exceed 90% of the total premium costs for coverage of any individual employee. (4) The public institution of higher education may not request reimbursement for: (a) administrative or other non-premium costs associated with providing health care benefits to eligible employees. (b) Dental or vision benefit costs incurred by the institution for benefit periods that begin prior to the commencement of the 2023-2024 academic year. (5) Premium costs paid by a public institution of higher education that meet the requirements of this rule are eligible for reimbursement only if they are paid by such institution following an annual determination of part-time faculty member eligibility. (6) It shall be the sole responsibility of the public institution of higher education to determine employee eligibility for health care benefits pursuant to ORS 350.355. (7) In addition to the form established by the Commission, the Commission may request supplemental information required to verify appropriate reimbursement amounts. (8) In the event the monies available in the Part-Time Faculty Insurance Fund are insufficient to fully reimburse all institutions in a given quarter, the Commission shall provide prorated reimbursements. The Commission shall calculate prorated reimbursements on the basis of the total reimbursement requests received by the end of the second month following the close of the given quarter. Subject to available appropriations and applicable law, the Commission may later provide payment for the remainder of a reimbursement request, or for reimbursement requests received after a proration calculation has been made, in a subsequent quarter. Statutory/Other Authority: ORS 350.355 Statutes/Other Implemented: ORS 350.355 History: HECC 7-2023, amend filed 10/13/2023, effective 10/13/2023 HECC 8-2022, amend filed 12/09/2022, effective 12/09/2022 HECC 4-2021, adopt filed 10/12/2021, effective 10/12/2021
715-012-0105 Incidental Course Materials and Fees (1) The following definitions apply to this rule: (a) “Directly related course fee” means a fee imposed by an institution upon a student as a condition of taking a specific course or program or a cost that must be incurred by students as a result of the inclusion of a requirement in the curriculum of a specific course or course section; (b) “Estimated Costs” means the best cost estimate available to an institution of higher education at the time such information is aggregated by such institution, unless the institution displays or establishes a link to a website that displays the actual cost of course materials or directly related course fees at the time the website is accessed. Estimated costs shall be single dollar value except in the following instances where student choices may significantly impact actual costs. In such instances, estimated costs means a reasonable estimate of minimum costs or a cost range: (A) Consumable supplies specific to a program or course of study, unless a specific item is required with no allowable substitutions (B) Required experiences, such as but not limited to, field trips (C) Personal protective equipment (c) “Total number of for-credit courses” means the number of for-credit course sections in an academic year open for student registration for the next non-summer academic term or session, counted as course sections for the term they are conducted. For example, course sections open for registration in the spring of a preceding academic year for fall enrollment shall count for reporting purposes as course sections in the fall term. (2) The following are required course materials and directly related course fees for which estimated costs are not required to be reported to students under the requirements of Oregon Laws 2021, Chapter 162: (a) Common consumable materials not specific to a program or course of study. (b) Any items covered by the payment of a noticed lab or directly related course fee; (c) Any materials or directly related course fees required of students in a program previously noticed to students as a condition of participation in such program, provided that the course for which the materials will be utilized is not open to enrollment by non-program participants; and (d) Any equipment, materials or fees generally utilized by students for basic participation at an institution, or that are required as a condition of attendance or participation at an institution. A classroom response system device is not exempt from reporting under this subsection. (3) Each institution shall provide the Commission with sufficient information to calculate whether the institution has met the requirements of Section 1(1)(a) of Oregon Laws 2021, Chapter 162. The institution will provide additional information upon the Commission’s request. Statutory/Other Authority: Oregon Laws 2021, Chapter 162 Statutes/Other Implemented: Oregon Laws 2021, Chapter 162 History: HECC 1-2022, adopt filed 02/16/2022, effective 02/16/2022
715-013-0005 Allotment Authority (1) Effective December 23, 2014, the Higher Education Coordinating Commission delegates to the Executive Director, or designee, authority in all areas of fiscal and administrative responsibility necessary for the execution of Commission policy relating to the allotment of funds to public universities and Oregon Health Sciences University. (2) The Executive Director, or designee, shall have the authority to distribute funds to public universities and to Oregon Health Sciences University in the amounts appropriated to the HECC for public universities and Oregon Health Sciences University by the Oregon Legislature. (a) Funds shall only be distributed to public universities and Oregon Health Sciences University for the specific purposes outlined in statute or by the Oregon Legislature. (b) This section shall be construed to apply to all distributions of funds by the HECC to public universities and Oregon Health Sciences University, including but not limited to: (A) Funds distributed through the Student Success and Completion Model as outlined in OAR 715-013-0025 and OAR 715-013-0040. (B) Funds distributed to Oregon Health Sciences University for support of its Schools of Medicine, Nursing and Dentistry as well as to provide funds to its education, public health and rural health programs. (C) Funds distributed to state programs as authorized by law or legislative action. (D) Statewide Public Service programs as authorized by law or legislative action. (E) Funds allocated to the Sports Lottery Account as authorized by ORS 461.543. (F) Any other funds authorized by the Oregon Legislature to the HECC for distribution to public universities or Oregon Health Sciences University. Statutory/Other Authority: ORS 350.075 Statutes/Other Implemented: ORS 350.075 & ORS 350.095 History: HECC 8-2019, minor correction filed 03/27/2019, effective 03/27/2019 HECC 1-2016, f. & cert. ef. 2-19-16 HECC 15-2015(Temp), f. & cert. ef. 12-14-15 thru 6-10-16 HECC 2-2015, f. & cert. ef. 3-16-15
715-013-0020 General Public University Program Approval Requirements Effective December 23, 2014: (1) Definition: “Significant change” to a university’s academic program includes, but is not limited to, any new undergraduate or graduate degree program, or any existing undergraduate or graduate degree program that will be offered more than 40 miles from the site at which it is currently offered. “Significant change” to a university’s academic program does not mean a new undergraduate or graduate certificate program, new minor, or a new name for an existing degree program. (2) The Higher Education Coordinating Commission has responsibility for approval of significant changes to public university programs. (3) The Higher Education Coordinating Commission shall provide the governing boards of public universities with the standards, criteria and procedures the Commission will utilize to approve significant changes to a university’s academic programs. These criteria will include consideration of the recommendation of the public university seeking to make the change and will ensure that approved programs: (a) Are consistent with the mission statement of the public university; (b) Do not unnecessarily duplicate academic programs offered by Oregon’s other community colleges or public universities; (c) Are not located in a geographic area that will cause undue hardship to Oregon’s other community colleges or public universities; and (d) Are allocated among Oregon’s community colleges and public universities to maximize the achievement of statewide needs and requirements. (4) Requests for approval of significant changes to a university’s academic program must be submitted by the governing board of the university to the Higher Education Coordinating Commission prior to commencement of the program. Statutory/Other Authority: ORS 350.075 Statutes/Other Implemented: ORS 352.089 & ORS 350.075(3)(g) History: HECC 10-2019, minor correction filed 03/27/2019, effective 03/27/2019 HECC 2-2015, f. & cert. ef. 3-16-15
715-013-0066 Dispute Resolution Center Funds (1) Definitions (a) “Dispute Resolution Account” is an account established in the state treasury by ORS 36.145 to appropriate funds for the purposes outlined in ORS 36.135, 36.175 and 36.179 to the University of Oregon and Portland State University. (b) “Dispute Resolution Programs” are programs authorized by ORS 36.100, 36.135, 36.155 and 36.179 for the purposes indicated in 36.105. Dispute Resolution Program funds are designated by the legislature. (c) “Dispute Resolution Services in Counties” are established under standards adopted by the Board of Trustees of the University of Oregon pursuant to ORS 36.155. (d) The “Higher Education Coordinating Commission” or “HECC” is the body established by ORS 350.050 and appointed by the Governor. (e) “Mediation and Alternative Means of Dispute Resolution” is the program authorized by ORS 36.179 providing mediation and other alternative dispute resolution services to public bodies at the Mark O Hatfield School of Government at Portland State University. (f) A “Public University” is any institution as defined in ORS 352.002, including; Eastern Oregon University (EOU), Oregon Institute of Technology (OIT), Oregon State University (OSU), Portland State University (PSU), Southern Oregon University (SOU), University of Oregon (UO) and Western Oregon University (WOU). (2) This rule allocates Dispute Resolution Program funds to Public Universities. (3) Allocations in the first year of any biennium shall be 49% of the total appropriated to Dispute Resolution Programs. The remainder shall be allocated in the second year of the biennium. (4) Dispute Resolution Program funds for the University of Oregon are to be spent in compliance with standards adopted pursuant to ORS 36.155 and in compliance with state policy pursuant to 36.100 and 36.105. (5) Dispute Resolution Program funds for Portland State University are to operate the program authorized in ORS 36.179 and in compliance with state policy pursuant to ORS 36.100 and 36.105. (6) The University of Oregon shall receive 65% of Dispute Resolution Program funds each biennium and Portland State University shall receive 35% of Dispute Resolution Program funds. (7) 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), ORS 36.100, ORS 36.135, ORS 36.145, ORS 36.155 & ORS 36.179 Statutes/Other Implemented: ORS 350.075(3)(iii)(f), ORS 36.105 & ORS 36.145 History: HECC 14-2019, minor correction filed 03/27/2019, effective 03/27/2019 HECC 14-2015, f. & cert. ef. 11-13-15 HECC 9-2015(Temp), f. & cert. ef. 9-8-15 thru 3-5-16
715-015-0005 Collection and Reporting of Sexual Orientation Data Public universities listed in ORS 352.002 shall collect, report, and retain voluntarily submitted information on the sexual orientation, gender and gender identity, and legal sex of students and employees in a manner established by the Commission. Universities shall report this data to the Higher Education Coordinating Commission, Office of Research and Data by June of every year. Statutory/Other Authority: ORS 352.274 Statutes/Other Implemented: 2015 SB 473 History: HECC 4-2016, f. & cert. ef. 6-14-16
715-015-0011 Requiring the collection and reporting of data on student-parents (1) Community colleges governed under ORS 341 and public universities listed in ORS 352.002 shall annually collect, update, report, and retain student-submitted information that identifies whether a student is a parent, a person acting as a parent, or a legal guardian, excluding students enrolled only in noncredit, non-reimbursable courses at community colleges. Institutions shall place two questions on one or more forms that are used on an annual basis to collect demographic data from students. (a) Question 1 shall be published with the following wording and answer options, with the institution substituting its name where appropriate: Are you a parent, are you serving as a parent, or are you a legal guardian of a child/children while you are enrolled at <insert college or university name>? No, I am not a parent, serving as a parent, nor a legal guardian. Yes, I am a solo/single parent or guardian. Yes, I am a parent/guardian and share parenting responsibilities with someone who lives with me. Yes, I am a parent/guardian and share parenting responsibilities with someone who does not live with me. (b) Question 2 shall be published with the following wording and answer options: Which of the following statements apply to you? Please check all that apply. I have a child(ren) who are birth to 12 months, or I am expecting a baby. I have a child(ren) who are 13 months – 5 years old. I have a child(ren) who are 6 – 11 years old. I have a child(ren) who are 12 – 17 years old. I don’t have any children in the above age groups. (2) Institutions shall report this data to the Higher Education Coordinating Commission in their regular student-level data submissions each year. Statutory/Other Authority: ORS 350.203 Statutes/Other Implemented: ORS 350.203 History: HECC 6-2025, amend filed 12/12/2025, effective 12/12/2025 HECC 1-2023, adopt filed 02/14/2023, effective 02/14/2023
715-017-0002 Definitions (1) For this purposes of this rule, “adult” means a person age 25 to 64. (2) The educational attainment goal for adult Oregonians who are not currently enrolled in a kindergarten through grade 12 school, an institution of higher education or another post-secondary training program is: “300,000 adult Oregonians will earn a new postsecondary degree, certificate, or credential of value by 2030.” (3) In addition to increasing the total number of adult Oregonians with new credentials, the goal is to reduce achievement gaps by half among underrepresented racial/ethnic minority, low-income and rural Oregonians by 2030. Statutory/Other Authority: HB 2311 (2017) Statutes/Other Implemented: HB 2311 (2017) History: HECC 5-2018, adopt filed 12/27/2018, effective 12/27/2018