reglab/statecodes huggingface dataset:
2023 Oregon Revised Statutes › Volume : 09 - Education and Culture › Chapter 348 - Student Aid; Education Stability Fund; Planning › Section 348.563 - Authority of Higher Education Coordinating Commission to require fingerprints.

For the purpose of requesting a state or nationwide criminal records check under ORS 181A.195, the Higher Education Coordinating Commission may require the fingerprints of a person who is, or will be, working or providing services in a position:
(1) In which the person has direct access to facilities where students reside or to persons under 18 years of age, elderly persons or persons with disabilities;
(2) In which the person is providing information technology services and has control over, or access to, information technology systems that would allow the person to harm the information technology systems or the information contained in the systems;
(3) In which the person has access to information, the disclosure of which is prohibited by state or federal laws, rules or regulations or information that is defined as confidential under state or federal laws, rules or regulations; or
(4) That has payroll functions or in which the person has responsibility for receiving, receipting or depositing money or negotiable instruments, for billing, collections or other financial transactions or for purchasing or selling property or has access to property held in trust or to private property in the temporary custody of the state. [2005 c.730 §70; 2011 c.637 §173; 2013 c.747 §117; 2017 c.66 §48; 2019 c.384 §22]
Note:
348.563 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 348 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 09 - Education and Culture › Chapter 348 - Student Aid; Education Stability Fund; Planning › Section 348.570 - Funds in State Treasury.

(1)(a) There is established in the State Treasury a fund, separate and distinct from the General Fund, to be known as the Oregon Student Assistance Fund. Interest earned by the fund shall be credited to the fund.
(b) The fund shall consist of moneys appropriated to the Higher Education Coordinating Commission for deposit into the fund, collections and penalties received by the Director of the Office of Student Access and Completion under ORS 442.545 and any donations or grants received by the commission for a purpose of the fund.
(c) Moneys in the fund are continuously appropriated to the commission for:
(A) Investments as provided by ORS 293.701 to 293.857;
(B) The payment of expenses of the commission in carrying out the purposes of ORS 348.250, 348.505 to 348.615, 348.696 and 348.992; and
(C) The purpose of carrying out the provisions of ORS 348.272.
(d) The commission shall use moneys in the fund for those purposes for which the moneys were provided to or received or collected by the commission.
(2) There is established in the State Treasury a fund, separate and distinct from the General Fund, to be known as the ASPIRE Program Fund. Moneys received from donations and grants shall be credited to the ASPIRE Program Fund. Moneys in the fund are continuously appropriated to the commission for the purposes of investment, as provided by ORS 293.701 to 293.857, and for carrying out the provisions of ORS 348.500. Interest earned by the fund shall be credited to the fund.
(3)(a) There is established in the State Treasury the Nursing Faculty Loan Repayment Fund, separate and distinct from the General Fund. Interest earned on the Nursing Faculty Loan Repayment Fund shall be credited to the fund. Moneys in the fund are continuously appropriated to the commission for carrying out ORS 348.440 to 348.448. The Nursing Faculty Loan Repayment Fund consists of:
(A) Moneys appropriated to the commission for the Nursing Faculty Loan Repayment Program created in ORS 348.444; and
(B) Grants, gifts or donations received by the commission for the program.
(b) Any unexpended funds in the fund at the end of a biennium shall be retained in the fund and may be expended in subsequent biennia. [Formerly 351.665; 1967 c.335 §41; 1967 c.430 §§6, 7; 1969 c.573 §4; 1975 c.520 §5; 1977 c.725 §10; 1981 c.209 §2; 1983 c.639 §1; 1987 c.48 §2; 1987 c.842 §18; 1989 c.966 §32; 1997 c.524 §5; 1999 c.704 §3; 2001 c.599 §6; 2001 c.730 §2; 2003 c.360 §§4,5; 2007 c.293 §§3,4; 2007 c.426 §§4,5; 2009 c.815 §4; 2011 c.358 §3; 2011 c.637 §174; 2011 c.642 §3; 2013 c.747 §118; 2015 c.513 §8; 2015 c.829 §5; 2017 c.17 §29; 2017 c.66 §49; 2019 c.384 §25]
2023 Oregon Revised Statutes › Volume : 09 - Education and Culture › Chapter 348 - Student Aid; Education Stability Fund; Planning › Section 348.576 - STEM Fund.

(1) The STEM Fund is established in the State Treasury, separate and distinct from the General Fund. Interest earned by the STEM Fund shall be credited to the fund. Moneys in the STEM Fund are continuously appropriated to the Higher Education Coordinating Commission for the purpose of providing scholarships to students to encourage study in science, technology, engineering and mathematics.
(2) The commission may accept grants, donations, contributions or gifts from any source for deposit in the STEM Fund. [2012 c.94 §3; 2013 c.747 §198]
Note:
348.576 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 348 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 09 - Education and Culture › Chapter 348 - Student Aid; Education Stability Fund; Planning › Section 348.580 - Agreements with community foundations.

(1) Subject to the terms of the governing instruments and applicable law, the Higher Education Coordinating Commission may enter into agreements with one or more community foundations in Oregon to assume the management of the privately funded student aid programs of the commission. The commission may transfer to the community foundation any or all gifts or scholarship grants received by the commission from any private donor.
(2) All gifts or scholarship grant funds received by the commission that are not transferred to community foundations pursuant to subsection (1) of this section shall be placed in the hands of the State Treasurer, who is designated as the custodian thereof and who may hold, in the manner provided by law, the principal and interest on the gifts and grants. Funds may be withdrawn periodically by the commission to provide for administrative expenditures and make payments upon scholarships awarded by the commission.
(3) As used in this section, "community foundation" means an organization that is:
(a) A community trust or foundation within the meaning of section 170 of the Internal Revenue Code of 1986 and section 1.170A-9(e)(10) of the Treasury Regulations thereunder;
(b) Exempt from federal income tax under section 501(c)(3) of the Internal Revenue Code of 1986; and
(c) Not a private foundation within the meaning of section 509 of the Internal Revenue Code of 1986. [Formerly 351.670; 1967 c.335 §42; 1987 c.394 §6; 1993 c.258 §1; 1995 c.12 §5; 1997 c.524 §1; 2011 c.637 §175; 2013 c.747 §119]
2023 Oregon Revised Statutes › Volume : 09 - Education and Culture › Chapter 348 - Student Aid; Education Stability Fund; Planning › Section 348.582 - Definitions.

As used in ORS 348.584 and 348.586, "institution of higher education" means:
(1) A public university listed in ORS 352.002;
(2) A community college as defined in ORS 341.005;
(3) The Oregon Health and Science University;
(4) A career school as defined in ORS 345.010;
(5) A private post-secondary institution authorized to confer academic degrees under ORS 348.594 to 348.615; and
(6) A private post-secondary institution that meets the criteria set forth in ORS 348.597 (2)(a). [2014 c.84 §2; 2016 c.30 §4]
Note:
348.582 to 348.586 were added to and made a part of ORS chapter 348 by legislative action but were not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 09 - Education and Culture › Chapter 348 - Student Aid; Education Stability Fund; Planning › Section 348.584 - Provision of information about affordability and value of institutions of higher education; rules.

(1) Each year, the Higher Education Coordinating Commission shall identify the federal or national entity that best provides information about the affordability and value of institutions of higher education in Oregon.
(2) An institution of higher education that operates in this state shall, at the time of application, provide the institution’s students with:
(a) A link to the page of the Internet website maintained by the entity identified in subsection (1) of this section that discusses the affordability and value of the institution; or
(b) A complete and accurate copy of the page of the Internet website maintained by the entity identified in subsection (1) of this section that discusses the affordability and value of the institution. The institution may provide this copy to students electronically or by mail.
(3) If an institution of higher education maintains an Internet website, the institution shall make publicly available on the website in a prominent location the Internet link and copy described in subsection (2) of this section.
(4) The requirements set forth for institutions of higher education in subsections (2) and (3) of this section apply only to institutions whose affordability and value is analyzed by the entity identified in subsection (1) of this section.
(5) The commission shall work toward developing an Internet website that provides information about the affordability and value of all institutions of higher education that operate in this state.
(6) The commission may adopt rules to implement this section. [2014 c.84 §3]
Note:
See note under 348.582.
2023 Oregon Revised Statutes › Volume : 09 - Education and Culture › Chapter 348 - Student Aid; Education Stability Fund; Planning › Section 348.590 - Continuous appropriation of certain funds.

All funds for and relating to student aid programs received by the Higher Education Coordinating Commission pursuant to federal grant or from any other source, except moneys appropriated from the State Treasury for a specified period of time, hereby are continuously appropriated to the commission for the purposes for which such funds were provided and received by the commission. [Formerly 351.672; 1987 c.394 §7; 2011 c.637 §176; 2013 c.747 §120]
2023 Oregon Revised Statutes › Volume : 09 - Education and Culture › Chapter 348 - Student Aid; Education Stability Fund; Planning › Section 348.592 - Loan cancellation insurance.

(1) The Director of the Office of Student Access and Completion may obtain loan cancellation insurance for any person holding a loan under this section and ORS 348.505 to 348.530 and 348.570.
(2) The insurance shall insure the life of the student who borrows under this section and ORS 348.505 to 348.530 and 348.570 for the amount of the principal and interest due on the loan and the State of Oregon shall be named as the beneficiary. If the borrower dies before repaying the loan, the insurance shall be used to pay the balance of the loan and the director shall issue a satisfaction of the obligation.
(3) The Oregon Department of Administrative Services shall procure bids for the purchasing of insurance in compliance with the laws governing the purchase and furnishing of services to state agencies. [Formerly 348.620; 2011 c.637 §177; 2013 c.747 §121; 2017 c.66 §50]
Note:
348.592 was added to and made a part of 348.500 to 348.621 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 09 - Education and Culture › Chapter 348 - Student Aid; Education Stability Fund; Planning › Section 348.594 - Definitions for ORS 348.594 to 348.615.

As used in ORS 348.594 to 348.615:
(1)(a) "Diploma mill" means:
(A) A school against which a court or public body, as defined in ORS 174.109, has issued a ruling or finding, after due process procedures, that the school has engaged in dishonest, fraudulent or deceptive practices related to the award of degrees, academic standards or student learning requirements;
(B) An entity without legal authority as a school to issue degrees valid as credentials in the jurisdiction that authorizes issuance of degrees; or
(C) A school or entity that:
(i) Offers fee-based degrees, diplomas or certificates that may be used to represent to the general public that the individual possessing the degree, diploma or certificate has completed a program of post-secondary education or training;
(ii) Requires an individual to complete little or no education or coursework to obtain the degree, diploma or certificate; and
(iii) Has not been accredited by a post-secondary accrediting agency.
(b) "Diploma mill" does not include:
(A) A school operating legally under ORS 348.604; or
(B) A school that is actively seeking and able to show evidence of reasonable progress toward institutional accreditation with a post-secondary accrediting agency.
(2) "Post-secondary accrediting agency" means a legal entity, or part of a legal entity, that:
(a) Conducts accrediting activities through voluntary peer review;
(b) Makes decisions concerning the accreditation or pre-accreditation status of institutions and programs; and
(c) Is recognized by the United States Department of Education as an entity that conducts the activities and makes the decisions described in this subsection.
(3)(a) "School" means a person, organization, school or institution of learning that confers or offers to confer an academic degree upon a person or to provide academic credit applicable to a degree.
(b) "School" does not include:
(A) An Oregon community college;
(B) A public university listed in ORS 352.002; or
(C) The Oregon Health and Science University. [1997 c.652 §8; 1999 c.59 §93; 2005 c.546 §8; 2007 c.325 §1; 2016 c.30 §2; 2023 c.557 §7]
2023 Oregon Revised Statutes › Volume : 09 - Education and Culture › Chapter 348 - Student Aid; Education Stability Fund; Planning › Section 348.596 - Purpose of ORS 348.594 to 348.615.

It is the purpose of ORS 348.594 to 348.615 to provide for the protection of the citizens of Oregon and their post-secondary schools by ensuring the quality of higher education and preserving the integrity of an academic degree as a public credential. [1997 c.652 §9; 1999 c.59 §94]
2023 Oregon Revised Statutes › Volume : 09 - Education and Culture › Chapter 348 - Student Aid; Education Stability Fund; Planning › Section 348.597 - Applicability of ORS 348.594 to 348.615.

(1) Except as provided in subsection (2) of this section, ORS 348.594 to 348.615 apply to all schools that operate in this state.
(2) ORS 348.594 to 348.615 do not apply to:
(a) A school, or a separately accredited campus of a school, if the school:
(A) Is a nonprofit school that is exempt from federal income tax under section 501(c)(3) of the Internal Revenue Code;
(B) Prior to July 14, 2005, conferred degrees in this state under the same control for at least 10 consecutive years; and
(C) Has received institutional accreditation from a post-secondary accrediting agency as defined in ORS 348.594;
(b) A school that, on July 14, 2005, was a school that met the criteria and followed procedures to obtain an exemption adopted by rule by the Oregon Student Access Commission; or
(c) A school that received a religious exemption under ORS 348.604.
(3) The Higher Education Coordinating Commission shall issue a separate license to issue degrees to each school that meets the requirements for exemption from evaluation by the commission set forth in subsection (2)(a) of this section. The license shall remain in effect if the school continues to meet the requirements of subsection (2)(a) of this section. [2005 c.546 §1; 2007 c.325 §4; 2009 c.172 §1; 2011 c.353 §1; 2011 c.637 §178; 2016 c.30 §3; 2023 c.557 §8]
2023 Oregon Revised Statutes › Volume : 09 - Education and Culture › Chapter 348 - Student Aid; Education Stability Fund; Planning › Section 348.601 - Degree Authorization Account.

The Degree Authorization Account is established separate and distinct from the General Fund. All moneys received by the Higher Education Coordinating Commission under ORS 348.603, 348.606 and 348.609 shall be deposited into the account and are continuously appropriated to the commission to carry out the duties, functions and powers of the commission under ORS 348.594 to 348.615. [2003 c.674 §5; 2011 c.637 §179; 2023 c.557 §9]
2023 Oregon Revised Statutes › Volume : 09 - Education and Culture › Chapter 348 - Student Aid; Education Stability Fund; Planning › Section 348.603 - Duties of commission relating to degree authorization and nondegree programs; fees; rules.

(1) The Higher Education Coordinating Commission shall:
(a) Authorize approved schools to offer academic degree programs;
(b) Authorize approved degree-granting schools to offer nondegree programs leading to a certificate or diploma;
(c) Validate claims of degree possession;
(d) Terminate substandard or fraudulent degree activities;
(e) Terminate activities, including the enrollment of Oregon students, of diploma mills operating in or from Oregon;
(f) Except as provided in subsection (3) of this section, terminate the operation in or from Oregon of post-secondary accrediting organizations that do not qualify as post-secondary accrediting agencies; and
(g) Review proposed new publicly funded post-secondary programs and locations.
(2) The commission, by rule, may impose a fee on any school or person requesting information from the commission. The amount of the fee shall be established to recover designated expenses incurred by the commission in carrying out the administration of ORS 348.594 to 348.615. Any fees collected under this subsection shall be deposited in the Degree Authorization Account established under ORS 348.601.
(3) Subsection (1)(f) of this section does not apply to an organization the role of which is to accredit schools that offer only associate, bachelor’s or master’s degrees leading to occupations in theology or religious occupations or, if the schools also offer doctoral degrees, offer doctoral degrees only in theology or religious occupations that have been approved by a post-secondary accrediting agency. [1997 c.652 §10; 2001 c.454 §2; 2003 c.674 §1; 2007 c.325 §2; 2009 c.328 §3; 2011 c.637 §180; 2013 c.288 §2; 2013 c.658 §1; 2023 c.557 §10]
2023 Oregon Revised Statutes › Volume : 09 - Education and Culture › Chapter 348 - Student Aid; Education Stability Fund; Planning › Section 348.605 - Restrictions and duties of exempted schools.

(1) A school that obtains an exemption under ORS 348.604 or that, on July 14, 2005, met the criteria and followed procedures to obtain a religious exemption adopted by rule by the Oregon Student Access Commission and that offered only degrees leading to occupations in theology or religious occupations may not:
(a) Award more than 25 percent of the credit toward a degree for noninstructional activities, such as challenge examinations and professional or life experiences;
(b) Represent that the school is:
(A) Approved by the State of Oregon; or
(B) Accredited by an organization unless the organization qualifies as a post-secondary accrediting agency as defined in ORS 348.594; or
(c) Pay a faculty member a commission or otherwise base a faculty member’s compensation on the faculty member’s recruitment of students to the school.
(2) A school that obtains an exemption under ORS 348.604 or that, on July 14, 2005, met the criteria and followed procedures to obtain a religious exemption adopted by rule by the Oregon Student Access Commission and that offered only degrees leading to occupations in theology or religious occupations shall:
(a) Preserve official transcripts for all faculty members and students;
(b) Notify the Higher Education Coordinating Commission if a faculty member or administrator at the school has:
(A) Been convicted of a felony; or
(B) Violated a state or federal law related to the operation of a school;
(c) Place in any course catalog that is available to students or to the public a notice that states: "(Name of school) has been granted exempt status by the State of Oregon to offer theological and/or religious occupations degrees.";
(d) If the school closes, return to students tuition payments for the current term on a prorated basis;
(e) If the school provides placement services to a student, describe the placement services clearly and accurately to the student and avoid giving unrealistic expectations of placement to the student; and
(f) If an administrator claims to possess an academic degree:
(A) Ensure that the administrator possesses the academic degree that the administrator claims to possess; and
(B) Require that the degree is from a school that, at the time of the conferral of the degree, was accredited by a post-secondary accrediting agency as defined in ORS 348.594, held an exemption under this section, or was a school that, on July 14, 2005, met the criteria and followed procedures to obtain a religious exemption adopted by rule by the Oregon Student Access Commission and offered only degrees leading to occupations in theology or religious occupations. [2005 c.546 §3; 2011 c.353 §3; 2011 c.637 §182; 2023 c.557 §12]
Note:
See note under 348.597.
2023 Oregon Revised Statutes › Volume : 09 - Education and Culture › Chapter 348 - Student Aid; Education Stability Fund; Planning › Section 348.607 - Fee for exemption application; prohibition on requirements for religious exemption.

(1)(a) The Higher Education Coordinating Commission may impose a fee on a school that applies for an exemption under ORS 348.604.
(b) The amount of the fee may not exceed the actual cost to the commission of determining the school’s compliance with the requirements for an exemption under ORS 348.604, and may not exceed $1,000.
(2) Except as provided in ORS 348.604 or 348.608 or section 6, chapter 546, Oregon Laws 2005, the commission may not impose requirements for a religious exemption from ORS 348.594 to 348.615. [2005 c.546 §4; 2007 c.325 §5; 2011 c.637 §184; 2013 c.593 §2]
Note:
See note under 348.597.
2023 Oregon Revised Statutes › Volume : 09 - Education and Culture › Chapter 348 - Student Aid; Education Stability Fund; Planning › Section 348.612 - Probation or suspension or revocation of approval; rules; hearing.

(1) The Higher Education Coordinating Commission may place a school, or a program within a school, on probation, or suspend or revoke any approval given to a school under ORS 348.606, for proper cause after a hearing.
(2) The commission shall by rule establish criteria for placing a school or program on probation or for suspending or revoking approval given to a school under ORS 348.606.
(3)(a) If the commission places a school or program on probation, the commission shall establish conditions that the school or program must meet to continue to operate in this state. These conditions may include requiring a school to increase or alter the amount of the bond or letter of credit required under ORS 348.613.
(b) If the commission determines that a school has failed to satisfy the conditions of probation established by the commission under this subsection, the commission may suspend or revoke any approval given to the school under ORS 348.606.
(c) If the commission determines that a school has failed to comply with the requirements of approval given to a school under ORS 348.606 or otherwise failed to maintain a bond or letter of credit as required under ORS 348.613, the commission may suspend or revoke any approval given to a school under ORS 348.606.
(4) At least 20 days before holding a hearing under this section, the school must have received written notice of the place, time and reason for the hearing. Hearings shall be held in accordance with rules adopted by the commission. [1997 c.652 §13; 2011 c.637 §188; 2015 c.327 §3]
2023 Oregon Revised Statutes › Volume : 09 - Education and Culture › Chapter 348 - Student Aid; Education Stability Fund; Planning › Section 348.615 - Appeal procedure.

If the Higher Education Coordinating Commission refuses to grant approval to a school to confer degrees or revokes the approval to confer degrees, the refusal or revocation shall be subject to the right of review by an action brought in the circuit court of the county in which the school is located. Such review shall be tried as an action not triable by right to a jury. [1997 c.652 §14; 2011 c.637 §189]
2023 Oregon Revised Statutes › Volume : 09 - Education and Culture › Chapter 348 - Student Aid; Education Stability Fund; Planning › Section 348.616 - Minimum criteria for certification of employer program; rules.

(1) The Higher Education Coordinating Commission shall develop and adopt rules that provide the minimum criteria that an employer must meet in order for the employer’s scholarship program for employees and dependents to be certified as eligible for the employee and dependent scholarship program tax credit provided under ORS 348.621. The commission shall adopt rules to determine:
(a) The types of educational programs, institutions and expenses related to the programs and institutions for which scholarships may be offered to employees and dependents, and scholarship moneys expended on their behalf;
(b) The types of employees and dependents to whom scholarships must be offered;
(c) The minimum and maximum annual dollar amounts of a scholarship that would be a qualified scholarship under ORS 315.237;
(d) The minimum annual number of hours of instruction that a scholarship beneficiary must commit to in order to be eligible for a scholarship; and
(e) Any other requirements as the commission may provide.
(2) An employer must employ at least four full-time equivalent employees but no more than 250 employees in order to be certified as eligible for the employee and dependent scholarship program tax credit under ORS 348.621.
(3) An employer seeking to claim the tax credit provided under ORS 315.237 must apply to the Director of the Office of Student Access and Completion for both employee and dependent scholarship program certification under ORS 348.618 and tax credit certification under ORS 348.621. [2001 c.475 §§2,4; 2011 c.637 §190; 2013 c.747 §124; 2017 c.66 §51]
2023 Oregon Revised Statutes › Volume : 09 - Education and Culture › Chapter 348 - Student Aid; Education Stability Fund; Planning › Section 348.618 - Requirements for program certification application; acceptance and rejection of application.

(1) An application for employee and dependent scholarship program certification shall be filed by the employer establishing the program. The application shall be filed with the Director of the Office of Student Access and Completion at least three months prior to the close of the first tax year for which a tax credit under ORS 315.237 will be claimed.
(2) The application shall be filed on a form prescribed by the director and shall contain the information required by the director, including:
(a) The date on which the proposed employee and dependent scholarship program will first be available to the employer’s employees and their dependents;
(b) The total number of employees of the employer;
(c) The total number of employees who will be eligible, or whose dependents will be eligible, to participate in the program;
(d) The criteria to be used by the employer in determining the eligibility of an employee or an employee’s dependent for a scholarship under the program; and
(e) The annual limit, if any, on the amount of funds to be used for scholarships under the program.
(3) The director shall certify an application that describes an employee and dependent scholarship program that is in compliance with the rules adopted by the Higher Education Coordinating Commission under ORS 348.616 (1), if made by an employer that meets the employment requirements of ORS 348.616 (1) and (2).
(4) The director shall certify or reject an application within 60 days of receipt of the application and shall notify the employer of the director’s determination.
(5) An employer whose application has been rejected by the director shall be afforded an opportunity to amend the application to address the director’s objections to the original application.
(6) In the case of an employer whose proposed employee and dependent scholarship program has been certified by the director, the director shall send a letter of program certification to the employer. The letter of program certification shall set forth or incorporate by reference the statements made in the application being certified.
(7) A letter of program certification issued under this section shall remain valid until the employer changes the terms of eligibility for a scholarship under the program, changes the minimum or maximum amount of a scholarship under the program or ceases to be an employer. [2001 c.475 §5; 2011 c.637 §191; 2013 c.747 §125; 2017 c.66 §52]
2023 Oregon Revised Statutes › Volume : 09 - Education and Culture › Chapter 348 - Student Aid; Education Stability Fund; Planning › Section 348.621 - Requirements for tax credit certification application.

(1) An application for tax credit certification shall be filed by an employer that has obtained program certification under ORS 348.618 or that has applied for program certification and is awaiting program certification by the Director of the Office of Student Access and Completion.
(2) The application for tax credit certification shall be filed by the employer with the director. The application shall be filed at the time prescribed by the director, but no later than October 1 of the calendar year in which begins the tax year for which a credit under ORS 315.237 will be claimed.
(3) The application shall be filed on a form prescribed by the director and shall contain the information required by the director, including the amount of scholarship moneys the employer has provided or intends to provide to employees or dependents during the calendar year for which tax credit certification is being sought and the number of employees employed by the employer for the calendar year.
(4) The director shall consider applications in the chronological order in which the applications are received and shall approve applications to the extent the amount set forth in the application, when added to the total amount already certified by the director for the calendar year under this section, does not exceed $1 million.
(5) An employer may not receive tax credit certification:
(a) For an amount that is greater than $1 million;
(b) If the employer employs fewer than four full-time equivalent employees for the calendar year; or
(c) If the employer employs more than 250 employees for the calendar year.
(6) The director shall send written notice of the amount of the tax credit certification, or written notice that no amount is being certified, to the employer within 60 days of the date an application is filed under this section.
(7) The employer shall keep the written certification in the employer’s records for at least five years and shall furnish the certification to the Department of Revenue if requested.
(8) The Office of Student Access and Completion shall provide information to the Department of Revenue about all tax credit certifications issued under this section, if required by ORS 315.058.
(9) The Executive Director of the Office of Student Access and Completion may order the suspension or revocation of a tax credit certification issued under ORS 348.618, as provided in ORS 315.061. [2001 c.475 §6; 2011 c.637 §192; 2013 c.747 §126; 2017 c.66 §53; 2019 c.483 §22]
2023 Oregon Revised Statutes › Volume : 09 - Education and Culture › Chapter 348 - Student Aid; Education Stability Fund; Planning › Section 348.696 - Education Stability Fund; investment; earnings; transfer of excess earnings.

(1) Pursuant to Article XV, section 4 (4)(d), of the Oregon Constitution, the Education Stability Fund is established separate and distinct from the General Fund. Moneys in the Education Stability Fund shall be invested as provided in ORS 293.701 to 293.790. Except as provided in subsection (2) of this section, all declared earnings on moneys in the fund, including declared earnings on moneys in the Oregon Growth Account, shall be transferred and are appropriated continuously as follows:
(a) 75 percent to the Oregon Education Fund established by ORS 348.716; and
(b) 25 percent to the Higher Education Coordinating Commission for the Oregon Opportunity Grant program under ORS 348.260.
(2) If the Director of the Oregon Department of Administrative Services determines for any biennium that the amount to be transferred and appropriated continuously to the Oregon Education Fund under subsection (1)(a) of this section exceeds the amount needed to pay for public education and education lottery bond debt service in that biennium, the amount of the excess for that biennium shall be transferred and is appropriated continuously to the Higher Education Coordinating Commission for the Oregon Opportunity Grant program under ORS 348.260. [1995 c.12 §2; 1997 c.524 §2; 1997 c.612 §11; 1999 c.44 §§26,27; 1999 c.704 §§17,18; 1999 c.1070 §§13,14; 2001 c.920 §12; 2001 c.922 §§27,28; 2002 s.s.3 c.6 §§2,3; 2005 c.22 §§246,247; 2005 c.748 §§19,20; 2009 c.805 §3; 2011 c.637 §204; 2011 c.699 §7; 2013 c.747 §138; 2015 c.840 §22; 2016 c.118 §18]
2023 Oregon Revised Statutes › Volume : 09 - Education and Culture › Chapter 348 - Student Aid; Education Stability Fund; Planning › Section 348.702 - Oregon Growth Account.

(1) There is created within the Education Stability Fund the Oregon Growth Account, to which shall be credited, in the manner provided in subsection (2) of this section, 10 percent of the funds transferred under Article XV, section 4, of the Oregon Constitution, from the Administrative Services Economic Development Fund to the Education Stability Fund. Separate records shall be maintained for moneys in the Oregon Growth Account that are available for the purposes specified in subsection (5) of this section. The account may be credited with unrestricted appropriations, gifts, donations, grants or contract proceeds from any source, with investments or funds from any source and with returns on investments made from the account.
(2) The Oregon Department of Administrative Services may credit to the Oregon Growth Account from the first funds transferred in a fiscal year to the Education Stability Fund under Article XV, section 4, of the Oregon Constitution, an amount up to the amount the department estimates to be 10 percent of the funds required to be transferred to the Education Stability Fund for that fiscal year.
(3) If at the end of the fiscal year the amount credited to the Oregon Growth Account under subsection (2) of this section is less than or greater than 10 percent of the amount required to be transferred under Article XV, section 4, of the Oregon Constitution, to the Education Stability Fund, the amount credited to the Oregon Growth Account shall be adjusted in one of the following ways:
(a) The amount credited to the account in the following fiscal year may be adjusted;
(b) Any excess may be transferred from the Oregon Growth Account to the Education Stability Fund; or
(c) Any shortage may be transferred from the Education Stability Fund to the Oregon Growth Account from funds available for that purpose.
(4) Adjustments required by subsection (3) of this section shall be made without consideration of any interest or other earnings that have accrued during the fiscal year.
(5) The purpose of the Oregon Growth Account is to earn returns for the Education Stability Fund.
(6) The investment of funds in the Oregon Growth Account shall be governed by the Oregon Growth Board.
(7) The Oregon Business Development Department, on behalf of the Oregon Growth Board, may use moneys in the Oregon Growth Account to pay the administrative costs associated with the account and with administering those portions of ORS 284.881 to 284.890 that pertain to the account. [1995 c.811 §§3,4; 1997 c.323 §2; 2001 c.922 §2; 2002 s.s.3 c.6 §4; 2003 c.14 §154; 2003 c.606 §6; 2005 c.835 §32; 2007 c.71 §96; 2007 c.172 §2; 2009 c.805 §§1,2; 2012 c.90 §§7a,33a; 2013 c.732 §10; 2015 c.818 §3]
2023 Oregon Revised Statutes › Volume : 09 - Education and Culture › Chapter 348 - Student Aid; Education Stability Fund; Planning › Section 348.716 - Oregon Education Fund; use; payment of education lottery bonds.

The Oregon Education Fund is established in the State Treasury, separate and distinct from the General Fund. Moneys in the Oregon Education Fund are continuously appropriated to the Oregon Department of Administrative Services for public education and education lottery bond debt service. Seventy-five percent of the declared earnings of the Education Stability Fund as described in ORS 348.696 shall be transferred monthly to the Oregon Education Fund as directed by the Director of the Oregon Department of Administrative Services. Investment earnings on amounts in the Oregon Education Fund shall be credited to the Oregon Education Fund. The Legislative Assembly may, but shall be under no legal obligation to, allocate and appropriate amounts in the Oregon Education Fund to pay education lottery bonds. The Director of the Oregon Department of Administrative Services may specify when during any fiscal year amounts shall be transferred from the Oregon Education Fund to be used for public education or education lottery bonds. [1999 c.44 §8; 2001 c.536 §10; 2002 s.s.3 c.6 §§8,8a; 2009 c.805 §6]
Note:
348.716 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 348 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 09 - Education and Culture › Chapter 348 - Student Aid; Education Stability Fund; Planning › Section 348.748 - Short title.

ORS 348.748 to 348.757 shall be known and may be cited as Oregon’s Open Educational Resources (OER) Program. [2017 c.708 §2]
Note:
348.748 to 348.757 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 348 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 09 - Education and Culture › Chapter 348 - Student Aid; Education Stability Fund; Planning › Section 348.750 - Definitions; Open Educational Resources Grant Program.

(1) As used in ORS 348.748 to 348.757, "open educational resources" means teaching, learning and research resources that:
(a) Reside in the public domain or that have been released under an intellectual property license that permits their free use and repurposing by others; and
(b) Conform to the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) and to any additional accessibility standards established by the Higher Education Coordinating Commission by rule.
(2) The Open Educational Resources Grant Program is established within the Higher Education Coordinating Commission and in collaboration with public universities listed in ORS 352.002 and community colleges. The purpose of the program is to encourage the use of low or no-cost open educational resources in Oregon’s post-secondary institutions of education.
(3) Subject to the availability of funds, the commission shall award grants on a competitive basis to public universities listed in ORS 352.002, community colleges or consortia of public universities and community colleges.
(4) In awarding grants under subsection (3) of this section, the commission shall give priority to applications that propose to:
(a) Adapt or otherwise make use of existing open educational resources;
(b) Leverage grants awarded under this section with matching private funds or other resources;
(c) Utilize students in the design or production of open educational resource materials;
(d) Involve coordinated activities between two or more public universities and community colleges;
(e) Focus on high-enrollment courses;
(f) Address a need not currently met by existing available resources; and
(g) Assist in convening faculty from public universities and community colleges to promote the use of open educational resources within post-secondary education. [2015 c.727 §1]
Note:
See note under 348.748.
2023 Oregon Revised Statutes › Volume : 09 - Education and Culture › Chapter 348 - Student Aid; Education Stability Fund; Planning › Section 348.751 - Textbook affordability plan.

(1) Each community college and public university listed in ORS 352.002 shall establish a textbook affordability plan. Each plan established under this section shall:
(a) Contain measurable goals for increasing textbook affordability, such as:
(A) Establishing a target amount of student savings that will result from adoption of the plan; or
(B) Requiring that a certain number of courses offered by the community college or public university be designated as using low-cost or no-cost course materials under ORS 348.757.
(b) Address how to best mitigate the economic impact of decreased academic bookstore revenue as a result of the increased adoption of low-cost or no-cost open educational resources.
(c) Set forth the steps the community college or public university will take to advertise the availability of academic courses designated as using low-cost or no-cost course materials under ORS 348.757.
(d) Contain a statement of support for the academic freedom of faculty and instructors to select high-quality course materials for courses taught by the faculty and instructors.
(e) Establish a process for faculty and instructors to be informed about available low-cost and no-cost course materials.
(2) At least one student representative must be included and consulted in the development of each textbook affordability plan established under subsection (1) of this section. [2019 c.189 §2]
Note:
See note under 348.748.
2023 Oregon Revised Statutes › Volume : 09 - Education and Culture › Chapter 348 - Student Aid; Education Stability Fund; Planning › Section 348.752 - Coordination of OER Program.

(1) The Higher Education Coordinating Commission shall regularly convene faculty, staff and librarians from public universities listed in ORS 352.002 and community colleges for the purpose of coordinating Oregon’s Open Educational Resources (OER) Program by:
(a) Assisting and advising faculty at public universities and community colleges on the adoption, implementation and storage of open educational resource materials that are transferable between public universities and community colleges;
(b) Determining whether to develop a statewide repository of open educational resource materials for the purpose of supporting the program and, if applicable, developing a plan for the development of the repository; and
(c) Developing criteria that may be used to provide up to $150,000 to public universities and community colleges for the purpose of increasing the creation, adoption or implementation of open educational resources.
(2) The commission may enter into contracts or agreements with public or private entities for the purpose of fulfilling its obligations under this section. [2017 c.708 §3]
Note:
See note under 348.748.
2023 Oregon Revised Statutes › Volume : 09 - Education and Culture › Chapter 348 - Student Aid; Education Stability Fund; Planning › Section 348.756 - Report on OER Program.

(1) The Higher Education Coordinating Commission shall provide a report on Oregon’s Open Educational Resources (OER) Program to the committees of the Legislative Assembly relating to higher education during each regular session of the Legislative Assembly held during an odd-numbered year. The report shall include:
(a) A summary of the current status of Oregon’s Open Educational Resources (OER) Program;
(b) A calculation of the amount of moneys students have saved as a result of the program since the previous report filed under this section;
(c) A calculation of the amount of moneys the commission anticipates future students will save as a result of the program; and
(d) An evaluation of existing barriers preventing the adoption of further open educational resources at public universities listed in ORS 352.002 and community colleges.
(2) Any entity that enters into a contract or agreement with the commission under ORS 348.752 must collaborate in the creation of each report required under subsection (1) of this section. [2017 c.708 §4]
Note:
See note under 348.748.
2023 Oregon Revised Statutes › Volume : 09 - Education and Culture › Chapter 348 - Student Aid; Education Stability Fund; Planning › Section 348.757 - Designation of courses whose materials consist of open or free textbooks or other low-cost course materials.

Each public university listed in ORS 352.002 and community college shall prominently designate courses whose course materials exclusively consist of open or free textbooks or other low-cost or no-cost course materials. The course designation required by this section must appear in the published course descriptions that are on the Internet or are otherwise provided to students at the time of course registration, including on the campus bookstore course materials list that is provided for the course. [2015 c.727 §4]
Note:
See note under 348.748.
2023 Oregon Revised Statutes › Volume : 09 - Education and Culture › Chapter 348 - Student Aid; Education Stability Fund; Planning › Section 348.841

[1999 c.746 §1; 2001 c.12 §1; 2003 c.280 §6; 2007 c.843 §12; 2012 c.31 §25; 2013 c.377 §25; 2014 c.52 §27; 2015 c.442 §19; 2015 c.843 §8; renumbered 178.300 in 2015]
2023 Oregon Revised Statutes › Volume : 09 - Education and Culture › Chapter 348 - Student Aid; Education Stability Fund; Planning › Section 348.849

[1999 c.746 §3; 2003 c.280 §8; 2009 c.762 §65; 2011 c.413 §1; 2015 c.843 §6; renumbered 178.310 in 2015]
2023 Oregon Revised Statutes › Volume : 09 - Education and Culture › Chapter 348 - Student Aid; Education Stability Fund; Planning › Section 348.857

[1999 c.746 §6; 2001 c.12 §5; 2003 c.280 §10; 2011 c.527 §3; 2015 c.843 §12; renumbered 178.335 in 2015]