OAR Chapter 715 — Higher Education Coordinating Commission

Division 1 Procedural Rules

Or. Admin. R. 715-001-0030 Notice of Proposed Rulemaking

Effective August 19, 2014:

(1) Before permanently adopting, amending, or repealing any permanent rule, the Higher Education Coordinating Commission shall give notice of the proposed adoption, amendment, or repeal:

(a) In the Secretary of State's Bulletin, referred to in ORS 183.360, at least 21 days prior to the effective date of the rule;

(b) By mailing or e-mailing, at least 28 days before the effective date of the rule, a copy of the notice to persons on the Commission's mailing and e-mailing lists established pursuant to ORS 183.335(8);

(c) By mailing or e-mailing a copy of the notice to the legislators specified in ORS 183.335(15) at least 49 days before the effective date of the rule; and,

(d) By mailing or e-mailing a copy of the notice to persons, organizations, and publications identified by the Commission and established educational, student, and parent organizations that have submitted mailing or e-mailing addresses to the Commission.

(2) Persons who wish to receive written or e-mailed copies of notices of proposed rulemaking from the Commission may write or e-mail the Commission and request that they be placed on the Commission’s mailing or e-mailing lists.

(3) The Commission may update the mailing and e-mailing lists described in this rule annually by requesting persons to confirm that they wish to remain on the lists. If a person does not respond to a request for confirmation within 28 days of the date the Commission sends the request, the Commission will remove the person from the Commission’s mailing and e-mailing lists. Any person removed from the mailing or e-mailing lists will be returned to the mailing or e-mailing list upon request, provided that the person provides a mailing address or e-mailing address to which notice may be sent.

History

Statutory/Other Authority: ORS 183.335, ORS 183.341(4) & ORS 350.075
Statutes/Other Implemented: ORS 183.335
HECC 6-2019, minor correction filed 03/25/2019, effective 03/25/2019
HECC 1-2015, f. & cert. ef. 1-20-15

Or. Admin. R. 715-001-0035 Model Rules of Procedure

Pursuant to the provisions of ORS 183.341, the Higher Education Coordinating Commission adopts the Attorney General's Model and Uniform Rules of Procedure as codified in the Attorney General’s Administrative Law Manual and Uniform and Model Rules of Procedure Under the APA – 2024.

[ED. NOTE: The full text of the Attorney General’s Administrative Law Manual and Uniform and Model Rules of Procedure Under the APA – 2024 is available from the office of the Attorney General or the Higher Education Coordinating Commission.]

History

Statutory/Other Authority: ORS 183.341 & ORS 350.075
Statutes/Other Implemented: ORS 183.341
HECC 1-2025, amend filed 10/06/2025, effective 10/06/2025
HECC 5-2023, amend filed 08/01/2023, effective 08/01/2023
HECC 7-2019, minor correction filed 03/26/2019, effective 03/26/2019
HECC 1-2015, f. & cert. ef. 1-20-15

Division 10 Delegating Duties

Or. Admin. R. 715-010-0000 Implementing ORS 348.594 to 348.615 and 348.992

This rule implements Oregon Revised Statutes (ORS) 348.594 to 348.615 and 348.992 for the purpose of providing for the protection of the citizens of Oregon and their post-secondary schools by ensuring the quality of higher education offered to Oregon students and preserving the integrity of an academic degree as a public credential. The term "manager" as used in this rule means the employee in the position of responsibility for managing the programs and activities implemented by the aforementioned laws and these rules.

History

Statutory/Other Authority: 2012 SB 242
Statutes/Other Implemented: 2012 SB 242
HECC 1-2013, f. & cert. ef. 8-21-13

Or. Admin. R. 715-010-0015 Delegating the Duties

This rule is for the purpose of delegating the duties, functions, and powers of the Higher Education Coordinating Commission with respect to degree authorization, degree validation, administer interstate agreements and review of new academic programs under ORS 348.594 to 348.615 and 348.992 to the manager of these programs and activities.

(1) Degree authorization shall be the responsibility of the manager, who shall have final authority with regard to:

(a) Authorization of post-secondary schools to offer academic degree programs (under Oregon Administrative Rules 583-030);

(b) Authorization of approved degree-granting schools to offer academic programs leading to a certificate or diploma;

(c) Termination of any activities related to higher education by an education entity not authorized to offer degrees and post-secondary academic programs in Oregon and ineligible for exemption from authorization under Oregon statutes.

(2) Degree validation under OAR 583-050 shall be the responsibility of the manager, who shall have final authority with regard to:

(a) Validation of claims of degree possession and determination of appropriate degree use under Oregon law;

(b) Termination of substandard or fraudulent degree activities;

(d) Termination of any operation in or from Oregon of post-secondary accrediting bodies that are not recognized by the United States Department of Education.

(3) Administration of any interstate agreements, such as the State Authorization Reciprocity Agreement (SARA) shall be the responsibility of the executive director, which includes but is not limited to::

(a) Reviewing applications of and entering into agreements with educational institutions for authorization to participate in SARA;

(b) Administering agreements for participation in SARA between the commission and an educational institution; and

(c) Establishing application fees. The commission imposes a biennial fee on any educational institution applying to operate under or participate in SARA. The fee is based on an educational institution’s total enrolled full-time equivalent (FTE) as shown in the Integrated Postsecondary Education Data System and is as follows:

(A) Under 2,500 Enrolled FTE: $3,000.

(B) 2,500 to 9,999 Enrolled FTE: $5,000.

History

Statutory/Other Authority: 2012 SB 242, 2014 SB 1525 & 2014 HB 4018
Statutes/Other Implemented: 2012 SB 242
HECC 11-2014, f. & cert. ef. 12-18-14
HECC 5-2014(Temp), f. & cert. ef. 10-15-14 thru 4-13-15
HECC 1-2013, f. & cert. ef. 8-21-13

Or. Admin. R. 715-010-0025 Establishing Fees for Public Record

A fee may be imposed on any school or person requesting services or information from the commission pertaining to the administration of its functions under ORS 348.594 to 348.615. The amount of the fee shall be established by the manager to recover designated expenses incurred by the commission in carrying out the administration of ORS 348.594 to 348.615. Any fees collected by the commission, for services that are the responsibility of the manager shall be deposited in the Degree Authorization Account established under ORS 348.601 and used exclusively for purposes directly related to the duties and functions of the commission under the authority of the manager as delegated by the commission.

History

Statutory/Other Authority: 2012 SB 242
Statutes/Other Implemented: 2012 SB 242
HECC 1-2013, f. & cert. ef. 8-21-13

Division 11 Discrimination, Retaliation, and Student Complaints

Or. Admin. R. 715-011-0005 Definitions

For the purposes of this rule, unless otherwise indicated by context:

(1) Commission means the Higher Education Coordinating Commission or its designee.

(2) Career schools are those that are licensed under ORS Chapter 345 and:

(a) Admit as regular students, or maintain as a majority of their enrollment, those students who have earned a recognized high school diploma, the equivalent of a recognized high school diploma, or a GED certificate, or who are beyond the age of compulsory education in the State of Oregon; and

(b) Are authorized by the Commission to offer one or more educational programs beyond secondary education.

(3) Discriminationor discriminate is defined as any act that unreasonably differentiates treatment, intended or unintended, or any act that is fair in form but discriminatory in operation, either of which is based on race, color, national origin, religion, sex, age, disability, veterans’ status, sexual orientation, or marital status.

(4) Post-secondary education programsinclude:

(a) Community colleges operated under ORS Chapter 341; and

(b) Public universities listed in ORS 352.002.

(5) Private non-profit colleges and universities are schools or their separately accredited campuses that:

(a) Have conferred degrees in this state under the same control for at least ten consecutive years; and

(b) Are accredited by a regional accrediting association or its national successor.

(6) Private colleges or universities include:

(a) Private independent colleges and universities; and

(b) Private schools, colleges or universities that are otherwise authorized by the Commission to offer degrees in Oregon under ORS 350.075(3)(i).

(7) (a) Prohibited discrimination means any act that either in form or operation, whether intended or unintended, differentiates among persons on the basis of age, veterans’ status disability, national origin, race, color, marital status, religion, sex or sexual orientation.

(b)The definition of discrimination is applicable to post-secondary programs that receive direct appropriations from the Legislative Assembly and private career schools licensed under ORS 345.010 to 345.450.

(8) Retaliation means suspension, expulsion, disenrollment, grade reduction, denial of academic or employment opportunities, exclusion from academic or extracurricular activities, denial of access to transcripts, threats, harassment or other adverse action that substantially disadvantages a student in academic, employment or extracurricular activities.

(9) Student means a person who is enrolled or accepted for enrollment at a school for the purpose of obtaining a degree, certificate or other recognized educational credential offered by that school.

History

Statutory/Other Authority: ORS 345.240, ORS 350.075, ORS 659.850 & ORS 659.853
Statutes/Other Implemented: ORS 659.850 & ORS 659.860
HECC 1-2018, adopt filed 01/04/2018, effective 01/04/2018

Or. Admin. R. 715-011-0010 Discrimination Prohibition

No person in Oregon shall be subjected to discrimination in any post-secondary education program or service, school or interschool activity where the program, service, school or activity is financed in whole or in part by monies appropriated by the Legislative Assembly of the State of Oregon.

History

Statutory/Other Authority: ORS 345.240 & ORS 659.850
Statutes/Other Implemented: ORS 659.850 & ORS 659.860
HECC 1-2018, adopt filed 01/04/2018, effective 01/04/2018

Or. Admin. R. 715-011-0015 Prohibition in Providing Courses

A post-secondary education or career school program shall not discriminate when providing access to classes, courses of study or other educational programs or activities, or requiring or refusing participation therein by any of its students:

(1) This section does not prohibit grouping of students in any educational program or activity by ability as assessed by objective standards of individual performance;

(2) This section does not prohibit separating students by sex within physical education courses or activities by objectively measured ability, or during participation in sports in which the purpose or major activity involves bodily contact.

History

Statutory/Other Authority: ORS 345.240 & ORS 659.850
Statutes/Other Implemented: ORS 659.850
HECC 1-2018, adopt filed 01/04/2018, effective 01/04/2018

Or. Admin. R. 715-011-0020 Prohibition in Providing Financial Assistance

(1) In providing financial assistance to applicants or students, post-secondary education programs shall not unreasonably differentiate on a prohibited basis, except as provided below:

(a) In determining the total amount or types of assistance to be granted;

(b) In limiting eligibility for assistance that is of any particular type or sources;

(2) Post-secondary education programs may not assist any person, organization or group in the administration of financial aid on a prohibited basis.

(3) Post-secondary education programs shall comply with implementing regulations of Title IX, Educational Amendments of 1972, with respect to administration of sex-restricted scholarships and fellowships.

(4) Post-secondary education programs that award athletic scholarships must ensure that reasonable opportunities exist for members of each sex to participate on athletic teams.

History

Statutory/Other Authority: ORS 659.850
Statutes/Other Implemented: ORS 659.850
HECC 1-2018, adopt filed 01/04/2018, effective 01/04/2018

Or. Admin. R. 715-011-0025 Prohibition in Admission

(1) No person shall, on a prohibited basis, be denied admission or be subject to discrimination in admission to a post-secondary education program or career school.

(2) Each school, department or college in any post-secondary education program or career school that has an independent admissions process, or one supplementary to the programs admissions process, is considered an administratively separate unit for admission purposes and may not discriminate unreasonably on any of the prohibited bases (i.e., age, sex, sexual orientation, marital status, disability, national origin, race, religion, veterans’ status).

(3) No test or other criterion for admission that unreasonably differentiates among individuals on a prohibited basis shall be used, unless the use of the test or criterion is shown to be a valid means of predicting success in the educational program, and other suitable tests or criteria not having such an adverse effect are shown to be unavailable.

(4) No preference in admission shall be given one person over another on a prohibited basis, such as by ranking individuals on a prohibited basis.

(5) Numerical limitations on the number of proportion of persons to be admitted may not be established on a prohibited basis.

(6) In making admissions decisions, a post-secondary education program or school:

(a) Shall not apply any rule concerning marital, parental or family status of an applicant or student that treats individuals differently on a prohibited basis;

(b) Shall not consider pregnancy, childbirth, termination of pregnancy or recovery therefrom to determine eligibility for admission, unless on a case-by-case basis the health of an individual relates directly to the capacity to participate effectively in activities necessary to the program. Such determinations shall be treated no differently than other health conditions;

(c) Shall not make pre-admission inquiry as to marital status of an application for admission, including whether such applicant is “Miss” or “Mrs.”

History

Statutory/Other Authority: ORS 345.240 & ORS 659.850
Statutes/Other Implemented: ORS 345.240 & ORS 659.850
HECC 1-2018, adopt filed 01/04/2018, effective 01/04/2018

Or. Admin. R. 715-011-0030 Prohibition in Housing

Post-secondary education programs offering housing facilities shall not, on a prohibited basis, unreasonably differentiate among applicants or students in housing fees charged or services or benefits offered in housing, except as provided below:

(1) Separate housing may be provided for the separate sexes.

(2) Available housing may be divided between men and women on the basis of the number of applicants for housing of each sex, provided the housing is comparable in quality and cost.

(3) Qualifications for occupancy of family housing shall be the same for married women students as for married men students, and shall be the same for single parents of either sex.

History

Statutory/Other Authority: ORS 659.850
Statutes/Other Implemented: ORS 659.850
HECC 1-2018, adopt filed 01/04/2018, effective 01/04/2018

Or. Admin. R. 715-011-0035 Prohibition in Health Insurance Benefits and Services

(1) A post-secondary education program or its constituent parts, including student groups, may not offer to applicants or students a medical, hospital or accident policy, plan, benefit or service that unreasonably discriminates on a prohibited basis.

(2) Post-secondary education programs may offer a benefit or service even though it is not used by the same proportion of students of one group as of another. When full-coverage health services are provided, basic gynecological care shall be provided.

(3) Whatever limits a health service establishes as to services offered shall not differentiate unreasonably among individuals on a prohibited basis.

History

Statutory/Other Authority: ORS 659.850
Statutes/Other Implemented: ORS 659.850
HECC 1-2018, adopt filed 01/04/2018, effective 01/04/2018

Or. Admin. R. 715-011-0040 Prohibition in Recruitment

(1) In recruiting students, post-secondary education programs shall not unreasonably differentiate among individuals on a prohibited basis.

(2) A post-secondary education program shall not recruit primarily or exclusively from schools or other educational institutions that admit applicants or students predominately on a prohibited basis, if such actions result in discriminatory enrollment.

History

Statutory/Other Authority: ORS 659.850
Statutes/Other Implemented: ORS 659.850
HECC 1-2018, adopt filed 01/04/2018, effective 01/04/2018

Or. Admin. R. 715-011-0045 Prohibition in Employment

(1) Post-secondary education programs shall assure that nondiscriminatory policies are followed in student employment.

(2) Post-secondary education programs that actively assist any agency, organization, or person in making employment available to any of its students shall not assist prospective employers known by the post-secondary education program to discriminate in their recruitment, hiring, or employment practices.

History

Statutory/Other Authority: ORS 659.850
Statutes/Other Implemented: ORS 659.850
HECC 1-2018, adopt filed 01/04/2018, effective 01/04/2018

Or. Admin. R. 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.

History

Statutory/Other Authority: ORS 345.240 & ORS 659.850
Statutes/Other Implemented: ORS 345.240 & ORS 659.850
HECC 1-2018, adopt filed 01/04/2018, effective 01/04/2018

Or. Admin. R. 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.

History

Statutory/Other Authority: ORS 659.850
Statutes/Other Implemented: ORS 659.850
HECC 1-2018, adopt filed 01/04/2018, effective 01/04/2018

Or. Admin. R. 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.

History

Statutory/Other Authority: ORS 659.852
Statutes/Other Implemented: ORS 659.852
HECC 1-2018, adopt filed 01/04/2018, effective 01/04/2018

Or. Admin. R. 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.

History

Statutory/Other Authority: ORS 345.240, ORS 659.850 & ORS 659.860
Statutes/Other Implemented: ORS 659.850, ORS 354.120 & ORS 659.852
HECC 1-2018, adopt filed 01/04/2018, effective 01/04/2018

Or. Admin. R. 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.

History

Statutory/Other Authority: ORS 345.120, ORS 348.603 & ORS 350.075
Statutes/Other Implemented: ORS 345.120, ORS 348.603 & ORS 350.075
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

Or. Admin. R. 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.

History

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
HECC 1-2018, adopt filed 01/04/2018, effective 01/04/2018

Or. Admin. R. 715-011-0080 Institutional Processes and Complaints to the Commission

(1) It is the policy of the Commission that persons should exhaust all available institutional processes and remedies for complaints against any school or post-secondary institution before filing a formal written complaint with the Commission.

(2) If the Commission or its delegate determines that the person filing the complaint has not exhausted all institutional grievance procedures, the Commission or its delegate shall notify the complaining party and the institution that no action will be taken unless and until institutional appeals have been exhausted. If the Commission or its delegate determines that the person filing the complaint has exhausted institutional grievance procedures or that the institution has issued a final decision, the person may then file a formal written complaint with the Commission.

(3) If the person filing a complaint demonstrates an objectively reasonable basis for not exhausting the available process, the Commission or its designee may receive the complaint.

(4) The Commission may only receive written complaints regarding post-secondary programs, private independent non-profit colleges and universities, and private career schools for matters where the Commission’s authority is designated by statute and administrative rule. All other complaints will be referred back to the institution of origin or to appropriate state agencies or federal authorities.

(5) The complaint shall be submitted in writing to the Commission or its designee and shall contain:

(a) The complainant’s name, phone number, and signature;

(b) School name and location;

(c) A brief statement, describing the alleged violation of statute, administrative rule, or school policy including facts detailing dates of enrollment, attendance, date of occurrence(s), names, and positions of school officials contacted, financial loss, if any, and any other pertinent information;

(d) An explanation of what efforts have been taken to resolve the problem with the school; and

(e) Copies of pertinent documents.

(6) The Commission or its designee may resolve complaints with the assistance of other parties such as the Oregon Department of Justice, the U.S. Department of Education, and other appropriate organizations and/or individuals.

(7) The Commission may delegate authority or contract with outside parties to investigate the complaint, and to hold any necessary proceedings.

(8) On receiving a written complaint, the Commission or its delegate shall send a copy of the complaint(s) to the President or other executive of the institution to which the complaint applies. The Commission or its delegate shall request the institution to provide the information listed below, and the institution shall provide such information within ten days unless prohibited by federal law. To the extent federal law prohibits or limits disclosure of the requested information, the institution will endeavor to provide de-identified or redacted copies of the information:

(a) A copy of the institution’s grievance procedures for hearing complaints of discrimination;

(b) A copy of all documents concerning the complaint and the institution’s record of the grievance proceeding;

(d) The institution’s position concerning any issues raised by the complaint; and

(e) Any other information the institution considers relevant.

(9) Records and other information pertaining to student complaints are not subject to disclosure under Oregon public record law, ORS 192.410 to ORS 192.565.

History

Statutory/Other Authority: ORS 345.240, ORS 348.603, ORS 350.075 & ORS 659.850
Statutes/Other Implemented: ORS 350.075, ORS 659.850, ORS 345.120, ORS 348.596 & ORS 659.852
HECC 5-2025, amend filed 11/07/2025, effective 11/07/2025
HECC 1-2018, adopt filed 01/04/2018, effective 01/04/2018

Or. Admin. R. 715-011-0085 Determination

(1) The Commission or its delegate shall review the written record to determine the following:

(a) Whether the institution has sufficient policies and procedures in place to prohibit the type of discrimination alleged in the complaint, prevent its reoccurrence and redress its effects;

(b) Whether the institution followed those policies and procedures appropriately;

(2) Following review of the record, the Commission or its delegate shall take one or more of the following actions:

(a) Issue a dismissal of the complaint upon a finding that the institution properly followed its policies and procedures;

(b) Recommend mediation if both parties are willing to participate in mediation;

(c) Remand the complaint to the institution for prompt resolution upon a finding that the institution has not followed its policies and procedures appropriately;

(d) Issue an order with findings that the institution has failed to implement adequate policies or procedures necessary to prevent, redress and remediate the type of discrimination alleged in the complaint. In that event, the Commission may issue a finding immediately or may require the institution to submit a corrective action plan that addresses the identified deficiencies within 30 days of the issuance of the order.

(3) Upon a finding that the institution has failed to adopt and effectively implement policies and procedures to prevent discrimination and retaliation, prevent its reoccurrence and redress its effects, the Commission will issue a final order requiring compliance within 30 days. If the institution does not comply within 30 days, the Commission shall order appropriate remedies that may include:

(a) Prescribing the adoption and implementation of appropriate policies and procedures and a plan for monitoring compliance for a period of time not to exceed one year;

(b) Withholding all or part of each quarterly payment of state funding;

(d) Full or partial restitution to the complainant;

(e) Other appropriate remedies as authorized by rule or statute.

(f) A monetary sanction imposed under this rule shall not exceed the amount of legislatively appropriated funds received by the institution or division against which it is assessed. No monetary sanction in excess of $10,000 shall be assessed without approval of the Commission.

(4) The Commission or its delegate shall enter a final order in writing within 30 days of the filing of the complaint to the Commission unless both parties agree to extend the time or the Commission or its delegate finds there is good cause for an extension of time. Should the Commission or its delegate find that an extension of time is warranted, written notice of the allowed extension of time shall be delivered to all the parties within 30 days after the complaint was filed.

(5) The Commission’s delegate shall keep the full Commission informed of the number and type of formal complaints that are pending or have been resolved on a regular basis. The delegate shall report any final orders issued at the next regular Commission meeting following issuance of the order.

(6) In addition to any penalty or remedy described in this section, the Commission may refer any complaint to another agency or authority as appropriate.

History

Statutory/Other Authority: ORS 345.240, ORS 348.603, ORS 350.075, ORS 659.855 & ORS 659.860
Statutes/Other Implemented: ORS 350.075, ORS 345.120, ORS 648.596 & ORS 659.850
HECC 1-2018, adopt filed 01/04/2018, effective 01/04/2018

Or. Admin. R. 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

(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.

History

Statutory/Other Authority: ORS 183.341 & ORS 350.075
Statutes/Other Implemented: ORS 183.341
HECC 1-2018, adopt filed 01/04/2018, effective 01/04/2018

Division 12 Administration of Statewide Initiatives

Or. Admin. R. 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.

History

Statutory/Other Authority: ORS 350.355
Statutes/Other Implemented: ORS 350.355
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

Or. Admin. R. 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) “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.

History

Statutory/Other Authority: Oregon Laws 2021, Chapter 162
Statutes/Other Implemented: Oregon Laws 2021, Chapter 162
HECC 1-2022, adopt filed 02/16/2022, effective 02/16/2022

Or. Admin. R. 715-012-0205 Menstrual Products Availability

(1) For the purpose of this rule:

(a) ‘Commonly accessible area’ means an area within a building accessible to all students who have regular access to such building, and that is not located in an area of the building principally designated for student housing,

(b) ‘Dispenser’ means a means a container sufficient to hold menstrual products and can include, for example purposes only, a wall installation, a shelf or counter container, or a drawer, and is not required to be a commercially available dispenser. A dispenser that is not plainly visible to students shall be labeled,

(c) ‘Educational Services’ means any service provided by a community college or public university listed in ORS 352.002 directly and primarily available to students in buildings and facilities, including, but not limited to, buildings where classes are held, on-campus student housing, dining, and student support services, and

(d) ‘Student Bathroom’ means a bathroom located in a building where educational services are provided.

(2) Each community college or public university listed in ORS 352.002 shall ensure that both tampons and sanitary pads are available at no cost to students.

(3) For the period commencing on the effective date of this rule through June 30, 2022, such products shall be available in no fewer than two student bathrooms in each building used by a public education provider to provide educational services to students. If such building has a gender-neutral student bathroom, at least one dispenser shall be located in such bathroom. If such building has one student bathroom, such products shall be available in that bathroom.

(4) For the period commencing July 1, 2022, such products shall be available in all student bathrooms in each building used by a public education provider to provide educational services to students, regardless of the gender designation of such student bathroom.

(5) Notwithstanding sections (3) and (4) of this rule, for buildings for which the primary purpose is on-campus student housing, each community college or public university listed in ORS 352.002 shall offer both tampons and sanitary pads in commonly accessible areas of such building.

(6) Each community college or public university listed in ORS 352.002 shall offer both tampons and sanitary pads in various sizes throughout campus, but are not required to offer each product in each size in all student bathrooms. Institutions shall make a reasonable effort to ensure that a variety of products are available at all institution-operated sites with qualifying buildings and facilities.

(7) Products made available under this rule shall be:

(a) Of sufficient quality to meet the menstrual needs of students, and

(b) Unscented.

(8) Distributions from the community college support fund and public university support fund, made in accordance with applicable agency rules governing such distributions, may be used to cover costs incurred by institutions under this rule.

(9) Each institution of higher education covered under this rule shall provide notification to all students of the availability of such products once during the 2022-2023 academic year, and to newly enrolled students each academic year thereafter.

History

Statutory/Other Authority: Chapter 81, 2022 Oregon Laws.
Statutes/Other Implemented: Chapter 81, 2022 Oregon Laws.
HECC 2-2022, adopt filed 06/13/2022, effective 06/13/2022

Division 13 University Programs and Finance

Or. Admin. R. 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.

(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.

History

Statutory/Other Authority: ORS 350.075
Statutes/Other Implemented: ORS 350.075 & ORS 350.095
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

Or. Admin. R. 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.

History

Statutory/Other Authority: ORS 350.075
Statutes/Other Implemented: ORS 352.089 & ORS 350.075(3)(g)
HECC 10-2019, minor correction filed 03/27/2019, effective 03/27/2019
HECC 2-2015, f. & cert. ef. 3-16-15

Or. Admin. R. 715-013-0025 Public University Support Fund Distribution

(1) Purpose: The Purpose of this rule is to operationalize and distribute the Public University Support Fund (PUSF) via the Student Success and Completion Model (SSCM) described therein. This rule is a companion to 715-013-0040.

(2) Definitions:

(a) “Annual Update” means the annual refresh of data upon which this model is based. It shall be completed by the end of October of any given year.

(b) “Bilingual Education Certificate”, means completion of a Teacher Standards and Practices Commission (TSPC)-approved Dual Language Specialization, OR, the completion of a TSPC-approved English as a Second Language (ESOL) endorsement program, AND, the demonstration of proficiency in a second language by passing a language competency test recognized by TSPC including either the National Evaluation Series (NES) or American Council on the Teaching of Foreign Languages (ACTFL). Such certificates are treated as a graduate certificate for the purposes of this rule, as well as OAR 715-013-0040.

(c) “Classification of Instructional Programs” or “CIP” code is a numerical identifier assigned by the National Center for Education Statistics to an academic discipline to support tracking and reporting data at the field-of-study level.

(d) “Cost Weighting” is a means by which the value of any Student Credit Hour (SCH) or outcomes based allocation is adjusted to account for the relative cost to an institution of providing a degree or course. Cost weighting is the same at all institutions and is determined by CIP and by the type of course, course or student level, degree level or degree taught or awarded.

(e) “Data Validation” is the process by which the HECC’s Office of Research and Data examines institution-submitted data to determine their accuracy and validity within accepted standards.

(f) “Dual Credit” course is that which awards secondary and postsecondary credit as recognized by the HECC and determined by both the granting secondary institution and granting public university.

(g) “Higher Education Coordinating Commission” or “HECC” is the body established by ORS 350.050.

(h) “Inflation” is defined as the previous full year CPI that includes the Portland metro area as published and defined by the US Bureau of Labor Statistics and selected by the HECC.

(i) “Low Income Student” is defined as resident undergraduate students who have received the Pell Grant at any point during their time enrolled within a public university in Oregon.

(j) “Pell Grant” is a grant awarded by the United States Department of Education to eligible students at American institutions of higher education largely on the basis of financial need.

(k) “Public university” or “University” is any institution as defined in ORS 352.002.

(l) “Public University Support Fund” or “PUSF” is the general fund appropriation to the HECC intended for distribution by HECC to public universities as defined in ORS 352.002.

(m) “Resident” student is a student classified as such by a public university’s Residency Classification Officer, reviewed by the Inter-institutional Residency Committee, or students granted resident tuition under ORS 352.287 and all doctoral students for SSCM purposes.

(n) “Rural Students” are first time-freshmen resident undergraduate students who are graduates of high schools designated by the National Education Statistics Locale Codes as follows: “Rural; Distant”, “Rural; Fringe”, “Rural; Remote”, “Town; Distant”, “Town; Fringe” or “Town: Remote”.

(o) “SCARF” is the Student Centralized Administrative Reporting File and is comprised of student and course information for each Oregon public university. The SCARF system is maintained by the HECC’s Office of Research and Data. All degree, course levels, student types, including transfers, veterans and other relevant types, and student credit hours are defined as they are within the SCARF.

(p) “Stop Gain” is designed to prevent an institution from receiving an increase in allocation in excess of a pre-determined threshold. If Stop-Gain is triggered, the excess allocation from the triggering institution is distributed proportionally to all non-triggering institutions. Only the amount necessary to bring all institutions within the Stop-Gain threshold is re-distributed.

(q) “Stop Loss” can be either a negative or positive percentage and is designed to prevent an institution from receiving a decrease in allocation beyond a pre-determined threshold. If Stop-Loss is triggered, all institutions that receive an allocation that exceeds the stop-loss threshold contribute a proportional amount of allocation to those institutions whose allocation fell below the Stop-Loss threshold. Only the amount necessary to bring all institutions at or above the Stop-Loss threshold is re-distributed.

(r) “Student Success and Completion Model” or “SSCM” is a calculation-driven mechanism for determining the proportion of PUSF allocated to each public university.

(s) “Targeted Student Populations” consist of undergraduate resident students that are part of any of the following populations: (1) Underrepresented Racial/Ethnic Groups; (2) Low Income Students; (3) Rural students and (4) Veterans. Students may be in as many of these four groups as applicable in their case.

(t) “True-up” is the process by which allocations created using estimated data are reconciled with finalized allocations created using actual data.

(u) “Underrepresented Racial/Ethnic Group” consists of resident undergraduate students identified in as American Indian/Alaskan Native, Hispanic, Pacific Islander, Black, African American or two or more races if one of those two or more races is one of those listed in this definition.

(v) “Veterans” are those resident undergraduate demarcated in the SCARF system as a veteran of the U.S. Armed Forces as determined by the University in accordance with HECC policy, practice and any relevant laws or administrative rules.

(3) The SSCM incorporates a public university’s degree and SCH completion information for the three most recently completed fiscal years, or projections thereof, in determining allocation amounts.

(a) An institution may submit new or updated data for any past years but it will not affect allocations unless it is submitted and validated prior to the annual update being completed for a particular fiscal year. Such additional submissions shall take place within the normal data update framework established by the HECC.

(b) HECC staff shall validate the accuracy of all data before incorporating it into the model or into any ensuing calculations. Validation of data shall take place via an approach developed at the discretion of HECC staff. This includes initial data submissions as well as supplemental data submissions that do not impact allocations to any institution in a particular fiscal year.

(c) Once the annual update for a particular fiscal year has been completed, that year’s allocations shall be considered as final. Any errors in data or calculation will not be corrected or otherwise incorporated into the allocation calculations of future fiscal years.

(4) The HECC shall have the discretion to round any SSCM line-item or calculation, whether final or intermediate, to a whole dollar, either up or down, in order to match distributions with available funds.

(5) Allocation projections will be completed before the fourth quarter of the prior fiscal year for the subsequent fiscal year that begins July 1st of the same calendar year. Projections may be updated by the true-up process as described elsewhere in this rule.

(6) The Student Success and Completion Model consists of three components, Mission Support Funding Allocation, Activity-Based Allocation and Outcomes-Based Allocation.

(a) Mission Support Funding supports a public university’s activities relating to their varying missions and is paid prior to any other funding.

(A) Mission Support funding levels are set annually as the lesser of the following:

(i) The prior year’s Mission Support Allocation adjusted for inflation.

(ii) 16.6% of the total PUSF for a given fiscal year.

(B) Mission Support Funding shall consist of the following four components

(i) Base Funding – Which shall consist of a set payment for each institution as well as an economy of scale allocation. These are as described in section 2(a) of OAR 715-013-0040.

(ii) Regional Access – Provides an allocation that contributes to the financial stability of public universities and ensures geographic access to public higher education for Oregonians. Regional support values are listed in Section 2(b) OAR 715-013-0040.

(iii) General Research Support- Provides an allocation to support research activities conducted by the public universities. Research support calculations shall be made on the basis of section 2(c) of OAR 715-013-0040.

(iv) Public Service Support – Provides an allocation to support public university programming consistent with the mission of public higher education as articulated in ORS 350.001. This Section may support efforts consistent with, but not limited to public services, cross-sector or cross-institutional programs, undergirding of university operations support, specific academic programs or other efforts by public universities. Public Service Support Calculations shall be made on the basis of section 2(d) of OAR 715-013-0040.

(b) Activity-Based Allocation is determined by the total, cost weighted, completed, resident SCH at a public university consistent with the following methodology. Activity-based allocations shall be 40% of all funding after mission support funds are paid in a given year.

(A) The most recent 3-year average of resident SCH produced by each public university will be used to determine the Activity-Based Allocation. This shall include SCH data from the summer, fall, winter and spring quarters for the three prior academic years.

(B) Relative cost weights, by academic program and level will be utilized to differentiate allocations by completed SCH. Relative values will be determined by the HECC for programs by CIP-identified discipline and by level, including lower division undergraduate, upper division undergraduate, Master’s, and Doctoral levels. Relative cost weights are listed in Table 1 of Section 3 OAR 715-013-0040.

(C) The combined value of completed SCH at a public university, relative to total completed SCH at all public universities, as adjusted by cost weighting will determine the proportional share of Activity-Based Allocation allocated to each institution.

(c) Outcomes-Based Allocation is determined by the total cost weighted degrees produced, student type and priority area consistent with the following methodology. Outcomes-Based Allocations shall be 60% of all funding after mission support funds are paid in a given year.

(A) The most recent 3-year average of degrees conferred by public universities to resident students will be used to determine the Outcomes-Based Allocation. Degrees are categorized by level, including Baccalaureate, Masters, Doctoral, Professional, and Graduate Certificates. The HECC will determine the relative weighting of degree levels as listed in Table 2 of Section 4 in OAR 715-013-0040. For the purposes of this formula, each student shall be limited to one degree per academic year. Should a student earn more than one degree in a particular academic year, the degree with the highest calculated value shall be included and all other degrees excluded.

(B) The HECC will set the relative value of priority degrees which are of particular interest to the state of Oregon. This includes an emphasis on those that lead to employment in underserved high-demand and high-reward fields or those that fill a unique need. The HECC will solicit input from applicable state agencies, public universities and stakeholders to evaluate the expected labor force needs and identify what priority degree types, if any, exist. This will be reexamined by the HECC no less than once every five years. Degree areas of particular priority to the state and their relative value are established in Table 4 of Section 6 of OAR 715-013-0040.

(C) The HECC will adjust the relative value of degrees due to the cost of delivering these degrees. These cost weighting factors of degrees are listed in Table 3 of Section 5 of OAR 715-013-0040. Cost weights for masters, graduate, and doctoral degrees may be reduced in order to maintain the same proportion of outcomes funding for undergraduate education.

(D) The HECC may discount the value of bachelors degrees awarded to transfer students as outlined in Section 8 of OAR 715-013-0040.

(E) The allocation calculation counts a degree awarded with multiple majors to one student as a single degree in the discipline with the greatest relative value as listed in Table 4 of Section 6 of OAR 715-013-0040.

(F) Degrees awarded to resident students receiving bachelors degrees who represented one or more targeted student populations characteristics identified as having lower completion rates, lower participation rates or other unique needs or qualifications may be prioritized by the HECC. The HECC will solicit input from applicable state agencies, public universities and stakeholders to identify what priority student populations, if any, exist. These weights are listed in Table 5 of Section 7 OAR 715-013-0040.

(G) The combined relative values of degree level, academic discipline, and targeted population group representation determines the Outcomes-Based Allocation allocated to each public university.

(7) The cumulative results of the Mission Support allocation, Activity-Based allocation and Outcomes-Based allocation shall be a university’s allocation for the SSCM in a given year and may be adjusted by the HECC via a stop loss or stop gain mechanism as defined in section 9 of OAR 715-013-0040.

(8) When projections are used to determine a public university’s allocation, a True-Up procedure shall be used to prorate future payments to match final allocations. The True-Up procedure may alter the funding allocation of a public university from that which was originally allocated by the HECC. A True-Up procedure, if used, will be executed in the second quarter, or as soon as practicable in every fiscal year.

(9) PUSF Distributions are made quarterly with timing and amounts determined by agreement between the HECC and the Oregon Department of Administrative Services.

(10) Pursuant to ORS 350.075(8) and OAR 715-013-0005, the HECC delegates administrative authority to the Executive Director, or their designee, to operationalize the Student Success and Completion Model and the procedures outlined in this and any other relevant Laws and Administrative Rules.

(11) Weighting factors and data definitions within the SSCM will be examined by HECC staff and stakeholders as appropriate. In no case shall this reexamination occur less than every other year through 2020. Reexamination shall occur in the even year of every third biennium thereafter.

(12) Legislative mandates or other special packages or appropriations shall not be included in SSCM calculations if the appropriation is made with specific direction on allocation or administration.

History

Statutory/Other Authority: ORS 350.075(6) & ORS 350.075(3)(f)
Statutes/Other Implemented: ORS 350.075(3)(f)
HECC 2-2021, amend filed 03/15/2021, effective 03/15/2021
HECC 3-2018, amend filed 08/22/2018, effective 08/22/2018
HECC 5-2015, f. 5-28-15, cert. ef. 7-1-15
HECC 3-2015, f. 4-15-15, cert. ef. 7-1-15

Or. Admin. R. 715-013-0030 Tuition Increase Process and Criteria

(1) Definitions:

(a) “Academic year” is the period of the year where students typically attend an educational institution, which in Oregon consists of three terms (fall, winter and spring).

(b) “Cohort” is a group of students, typically based on year of entry or differentiated by the campus at which they take their courses, who are charged the same tuition or fee rates as one another while being charged a rate that differs from other such cohorts.

(d) “Mandatory enrollment fees” are ongoing fees such as, but not limited to building, health and technology fees charged to all resident undergraduate students that are not set by the recognized student government. Such fees are subject to review by HECC pursuant to ORS 352.105.

(e) “Resident” student is a student classified as such by a public university’s Residency Classification Officer, reviewed by the Inter-institutional Residency Committee, or students granted resident tuition under ORS 352.287.

(f) “Tuition” is the base amount charged for 45 credits in a given academic year, either to a resident undergraduate student, or to a cohort of students not including any differential. If an institution charges an additional fee for the first credit of each term that amount will be added for each of the three terms.

(g) “Weighted increase approach” is the method by which tuition and mandatory enrollment fee increases are calculated for institutions with multiple cohorts who pay different tuition and mandatory enrollment fee rates. HECC staff shall individually calculate the increase for each student cohort and then weight each cohort being charged a different rate by its projected, relative proportion of the projected, total resident undergraduate population. These weighted increases shall then be combined to calculate the overall increase.

(2) Pursuant to ORS 352.102 the Commission has the authority to review all resident undergraduate tuition and mandatory enrollment fee increases of greater than five percent.

(a) In order to determine if this threshold has been reached, HECC staff shall calculate the tuition and mandatory enrollment fee increase for each public university after board adoption.

(A) In cases where all resident undergraduate students are charged the same rate, this calculation shall compare the combined tuition and mandatory enrollment fees charged in the current year to those approved by the university for the upcoming academic year.

(B) In cases where multiple cohorts are charged different rates, HECC staff shall use a weighted increase approach.

(C) For purposes of this rule, public universities with separate campuses charging differing tuition or mandatory enrollment fee rates shall use the weighted increase approach.

(b) In any case where the calculated increase is less than five percent, no further action is required.

(c) Should a calculated increase, or in the case of public universities with multiple campuses or those who use cohorts, a weighted increase, be greater than 5%, review by the Commission is required.

(3) The public university must inform HECC staff within seven days of its board adopting a tuition and mandatory enrollment fee increase of greater than 5%. In providing such notification, the university must include the following documents related to the advisory board process, many of which are required under ORS 352.103:

(a) Any and all information produced by the tuition advisory body during deliberations including any minority opinions;

(b) Any and all public comments received by the tuition advisory body during the tuition setting process;

(d) Any documents or information provided to the tuition advisory body;

(e) All governing board and governing board committee agendas and docket items pertaining to the tuition and fee increase;

(f) Pro forma budget statements, or documents of a similar nature, presented for all tuition scenarios presented to the institution’s tuition advisory body;

(g) Information on how proposed tuition increase(s) impact tuition remissions;

(h) The impact of that increase on students, especially historically underserved students;

(i) The impact of that increase on the mission of the university;

(j) Alternative scenarios involving smaller increases;

(k) Information about how much revenue would be generated by each one percent resident tuition or one percent enrollment increase;

(l) Any documentation on how an increase in the PUSF above the level upon which the tuition increase is based will reduce the resident undergraduate tuition increase in $20 million increments;

(m) Information on cost containment efforts; and

(n) Any other documents that HECC staff request as part of their review pursuant to the criteria outlined in section (6) of this rule.

(4) Following board action that requires Commission review, the recognized student government of the relevant university shall have 14 days to submit any documents or response it deems appropriate or relevant to the review.

(5) Any tuition and fee increase review shall take place at a regularly scheduled Commission meeting which includes the full Commission membership and shall include opportunities for both the university and recognized student government to discuss the proposed increase. The HECC staff recommendation will be included with the meeting materials which will be made available to the public.

(6) The review principles by which tuition increases shall be evaluated by HECC staff for recommendation to the Commission shall include the following.

(a) Fostering an inclusive and transparent tuition-setting process. The institution should be able to demonstrate that students had multiple opportunities to engage in the tuition-setting process and that related information about the tuition setting process was easily accessible.

(b) Safeguarding access and support for degree completion by historically underrepresented students. The institution should be able to demonstrate they considered the impact of any proposed tuition increase on remission programs and student support services that bolster retention and completion of underrepresented students. During years in which the Legislature is in session, the institution should propose a plan for reducing tuition costs if the level of state funding ultimately decided by the Legislature exceeds the level of funding upon which the increase is predicated.

(c) Financial conditions exist demonstrating the need for resident, undergraduate tuition to be increased more than 5%. The institution should be able to demonstrate that current and projected financial conditions compelling the need for the increase exist to meet the critical portions of its HECC-approved mission or goals set in the HECC’s strategic plan, including documentation that alternatives to raising tuition above 5% were considered. The institution should also be able to demonstrate it has considered and implemented cost containment efforts for those costs within its control.

(d) In making its recommendation, HECC staff shall consider the totality of an institution’s submission. An institution’s shortcoming or success with respect to any one criterion shall not necessarily determine the overall conclusion about the appropriateness of the proposed increase. The review principles are intended to inform and guide the HECC staff review of any proposed increases. Regardless of HECC staff recommendation, the Commission reserves the authority to determine whether a proposed annual increase of resident undergraduate enrollment fees of greater than five percent is appropriate as noted in ORS 350.075 (3)(h)(B).

History

Statutory/Other Authority: 350.075(6) & 350.075(3)(E)(B)(iii)(f)
Statutes/Other Implemented: 350.075(3)(E)(B)(iii)(f) & 352.102-105
HECC 3-2023, adopt filed 02/14/2023, effective 02/14/2023

Or. Admin. R. 715-013-0040 Public University Support Fund Distribution Factors

(1) Purpose – The purpose of this rule is to list the relative weights and values of factors to be used in the Student Success and Completion Model calculation as defined in OAR 715-013-0025. All terms are defined as they are in Section 1 of OAR 715-013-0025.

(2) The following section contains calculations and information necessary to make mission support payments.

(a) Base Payment - Each university shall receive a base payment of $2.9 million annually. In addition, any university with less than 4,000 total resident FTE, based on a three-year rolling average as measured by fall, fourth-week enrollment, shall receive an economy of scale allocation of $1,400 for the number of FTE which is the difference between their total resident FTE count and 4,000 multiplied by the size factor relevant to their institution as listed below;

(A) 0–750 FTE 1.3513;

(B) 751–1,250 FTE 1.2784;

(D) 1,751–2,250 FTE 1.1347;

(E) 2,251–2,750 FTE 1.0641;

(F) 2,751–3,250 FTE 1.0108;

(G) 3,251–3,750 FTE 1.0081;

(H) 3,751–4,000 FTE 1.0054

(b) Regional Access - Each university, as well as Oregon State University’s Cascades Campus, with less than 4,000 total resident FTE, based on a three-year rolling average as measured by fall, fourth-week enrollment, shall qualify to receive regional access funding and shall receive $1,000 per total resident FTE. In addition, each qualifying university or campus shall receive an additional $1,200 for each total resident FTE below 4,000 multiplied by the size factor in subsection (a), up to a maximum of $2.2 million per institution.

(c) General Research Support - Each university shall receive funds for general research support. The amount received shall be based on each university’s three-year average of federal research expenditures as reported to the National Center for Education Statistics (NCES). Each university shall receive a proportional share of the available funds based on their relative averages as outlined above; however, the amount received by each university shall not exceed $2.5 million annually. The available funding for this section is capped at $5 million per year, may not be fully allocated based on this calculation methodology, and may be proportionally altered based on the total funding available for mission support.

(d) Public Service Support - Each university, as well as Oregon State University’s Cascades Campus, shall receive $330 per total resident FTE, based on a three-year rolling average as measured by fall, fourth-week enrollment, up to a cap of $4.7 million per institution.

(3) The relative cost weights for Student Credit Hours (SCH) completions shall be as referenced in Table 1. Any SCH earned in CIPs not designated at below the two-digit level shall revert to the cost weights designated at the two or four-digit level as determined by HECC staff.

(4) The relative weighting for degree completions by resident students, by degree level, shall be as referenced in Table 2.

(5) The Cost Weighting factors for degree completion are determined by Classification of Instructional Programs (CIP) code and degree level and shall be as referenced in Table 3. Any degrees earned in CIPs not designated at below the two-digit level shall revert to the cost weights designated at the two or four-digit level as determined by HECC staff.

(6) The degree areas of particular interest to the state are the following CIPs and they shall be given the additional allocation points as referenced in Table 4.

(7) The additional weights to Bachelor’s degree completions by resident students who are members of one or more Targeted Student Populations shall be as referenced in Table 5.

(8) Weights for Bachelor’s Degrees awarded to transfer students shall be discounted as reference in Table 6. All transfer degrees awarded to community college transfers shall be awarded an additional bonus of 37.5%.

(9) A hold harmless provision shall be implemented during FY2022 only in which the annual change in the PUSF allocation from FY2021 to FY2022 to any one institution will not decline. This provision will be implemented during the second quarterly distribution in FY2022 thereby affecting all quarterly distributions during FY2022 with the exception of the first quarterly distribution. A one-time adjustment, also known as a settle up, will be applied during the second quarterly distribution. The hold harmless calculation will account for funding appropriated outside the PUSF in state programs for the FY2021-23 biennium that had previously been funded within the PUSF.

(10) Notwithstanding any provision to the contrary, and for funding distributions which are based on student data that most recently includes the 2021-2022 academic year, 2022-2023 academic year, or 2023-2024 academic year, the calculation specifically for Eastern Oregon University will exclude data pertaining to students who legally entered the United States under the Compact of Free Association Treaty (COFA) and who meet the requirements of ORS 352.287. Any funding Eastern Oregon University would have received under the formula for COFA students will then be distributed to the other public universities.

[ED. NOTE: To view attachments referenced in rule text, click here to view rule.]

History

Statutory/Other Authority: ORS 350.075(6) & ORS 350.075(3)(f)
Statutes/Other Implemented: ORS 350.075(3)(f), ORS 352.287 & ORS 350.075(3)(f)
HECC 2-2023, amend filed 02/14/2023, effective 02/14/2023
HECC 7-2022, temporary amend filed 11/17/2022, effective 11/17/2022 through 05/14/2023
HECC 6-2022, amend filed 10/19/2022, effective 10/19/2022
HECC 3-2022, temporary amend filed 06/17/2022, effective 06/17/2022 through 12/13/2022
HECC 3-2021, amend filed 08/12/2021, effective 08/12/2021
HECC 2-2021, amend filed 03/15/2021, effective 03/15/2021
HECC 9-2019, minor correction filed 03/27/2019, effective 03/27/2019
HECC 6-2015, f. 5-28-15, cert. ef. 7-1-15
HECC 4-2015, f. 4-15-15, cert. ef. 7-1-15

Or. Admin. R. 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.

(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.

History

Statutory/Other Authority: ORS 350.075(5)
Statutes/Other Implemented: ORS 350.075(3)(iii)(f) & ORS 21.007
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

Or. Admin. R. 715-013-0062 Modifications to Engineering Technology Sustaining Funds Distributions to Universities

(1) Definitions

(a) “Baccalaureate Degree” or “Bachelor’s Degree” is a degree that generally represents four years of college study, or its equivalent in depth and quality of learning experience, or as promulgated by the Northwest Commission on Colleges and Universities.

(b) “Base Funding” is funding to each public university that is allocated prior to any allocations through the outcome categories.

(d) “Data Validation” is the process by which the HECC’s Office of Research and Data examines public university-submitted data to determine its accuracy and validity.

(e) “Doctoral Degree” or “Ph.D.” is a degree that generally indicates the recipient has done, and is prepared to do, original research in a major discipline. Doctoral degrees usually require three years or more of graduate-level coursework and an original research thesis or project, or as promulgated by the Northwest Commission on Colleges and Universities.

(f) “Employment” is defined as a graduate from a qualified degree program who is employed in Oregon at the relevant time as indicated in data obtained by the HECC and consistent with section (7aC) of this rule.

(g) “Engineering Technology Sustaining Funds” are those funds designated by the Oregon Legislature as such and indicated in the HECC budget for distribution to Oregon public universities.

(h) “Higher Education Coordinating Commission” or “HECC” is the body established by ORS 350.050 and appointed by the Governor.

(i) “Master’s Degree” is a degree that generally represents a first graduate degree, including one year or more of post-baccalaureate study, or its equivalent in depth and quality. Professional masters degrees generally require up to two years or equivalent of coursework beyond the baccalaureate level, or as promulgated by the Northwest Commission on Colleges and Universities.

(j) “Nonresident” student is any student not classified as a resident by a public university or by any other relevant state, policy, rule or law.

(k) “Outcome Category” is one of three categories between which all funding outside of base funding is allocated.

(l) “Professional degree” is a degree that emphasizes application of knowledge in the field, including three or more years of carefully prescribed graduate level coursework, or as promulgated by the Northwest Commission on Colleges and Universities.

(m) “Public university” or “University” is any public university, including any branch or satellite campuses, as defined in ORS 352.002.

(n) “Qualified degree program” is a program in one of the CIP codes included in any of the three outcome categories.

(o) “Resident” student is a student classified as such by a public university’s Residency Classification Officer or by any other relevant state policy, rule or law, including, but not limited to, tuition equity students.

(p) “SCARF” is the Student Centralized Administrative Reporting File and is comprised of student and course information for each Oregon public university. The SCARF system is maintained by the HECC’s Office of Research and Data.

(q) “True-Up” is the process by which allocations created using estimated data are reconciled with finalized allocations created using actual data.

(r) “Wages” are the wages of all relevant employed persons in Oregon consistent with this rule as included in data obtained by the HECC.

(2) This rule allocates Engineering Technology Sustaining Funds to public universities.

(a) Projections may be used for first quarter distributions. If projections are used, a True-up process, as described in section (12) of this rule, will be utilized to adjust future distributions to match final data.

(b) The HECC shall have the discretion to round any calculation, whether final or intermediate, to a whole dollar, either up or down, in order to match distributions with available funds.

(3) For each fiscal year, each public university shall be allocated $130,000 in base funding. If there is less than $130,000 in funding per public university in any given fiscal year, the available funding shall be equally divided among all public universities. This funding level shall not increase and shall be outside of any other funding allocation made through this rule.

(4) For all funding other than base funding, Engineering Technology Sustaining Funds shall be split between three outcome categories, defined in the following sections, as follows:

(a) 33% to Outcome Category 1-Degrees for Oregon Residents.

(b) 34% to Outcome Category 2-Research Development.

(5)(a) Outcome Category 1-Degrees for Oregon Residents shall be allocated on the proportional basis for the three most recently completed fiscal years, or projections thereof, of degrees, including bachelors, masters, professional and PhD degrees conferred by public universities to resident students in the following CIP codes: 11, 14, 15, and 30.08.

(b) In addition, master’s degrees in the following CIP codes shall be included in this calculation for the University of Oregon only: 26, 40.05, 40.08, and 40.10.

(d) No degrees in CIP codes other than those listed above are to be included in the calculation made under this section.

(e) All degrees within this outcome category shall be weighted equally.

(f) A degree awarded in multiple covered CIP codes to a single student shall only be counted once within this category.

(g) The combined proportional number of degrees within the covered CIPs shall determine a university’s allocation within this Outcome Category.

(6) Outcome Category 2-Research Development shall be allocated on the basis of the three most recently completed fiscal years, or projections thereof, of the following elements:

(a) 60% shall be based on doctoral degrees earned by both residents and non-residents in the following CIP codes: 11, 14, 15, and 30.08.

(b) 40% shall be based on research expenses as identified by the public universities in programs that support programs in the CIP codes in Category 1 and Category 2.

(A) Public universities may not count research expenses for programs for which they do not receive funding in the CIP codes under Category 1 and Category 2.

(B) Public universities shall submit research expenses annually to the HECC. Such submissions shall be in a form, time, place and manner designated by the HECC.

(7) Outcome Category 3-Employment and Wages of Graduates in Targeted Programs shall be allocated as follows:

(a) 50% shall be based on the employment of graduates in Oregon in the three most recent trailing years, both residents and non-residents, as measured as follows:

(A) In the following CIP codes, all recipients of bachelors, masters, professional and PhD degrees but excluding graduate certificates conferred by public universities shall be included: 11, 14, 15, and 30.08.

(B) In addition, masters degree recipients for the University of Oregon in CIP codes 26, 40.05, 40.08 and 40.10 shall be included.

(C) A graduate shall be considered employed if they are employed in Oregon, as per data obtained by the HECC, as follows:

(i) If graduated four years ago, employed three years after graduation.

(ii) If graduated three years ago, employed two years after graduation.

(iii) If graduated two years ago, employed one year after graduation.

(D) The number of employed graduates meeting such criteria at each public university shall be averaged across this three-year span for purposes of the calculation required under this rule.

(b) 50% shall be based on the average wage of all employed graduates at each public university included in the calculation made under section (7)(a) of this rule.

(A) Wages used will be actual wages according to the available data and no calculation shall occur to account for partial year wages, inflation, or to account for differences in wages among areas of the state.

(B) If an employed graduate is listed as having no wages, that graduate shall be recorded as having $0 in wages and included in the average wage calculation under this rule.

(8) Data verification shall be conducted by the HECC and the HECC shall have the final right of determining the validity of data included in the model.

(9) CIP Codes and other factors within the model will be examined by the HECC as appropriate. Such reviews shall occur no later than the first year of every third biennium, with the first such review taking place no later than December 2023. Any such reviews shall involve consultation with relevant stakeholders as determined by the HECC. The guidelines that shall be followed for such reviews are set out below.

(a) The following CIP codes shall be included unless specifically removed as a result of such reviews: 11, 14, 15, and 30.08.

(b) Any other CIPs not listed in section (9)(a) and included in this model shall be included if upon consensus of any workgroup formed to conduct such reviews.

(c) Additional CIPs may be suggested for inclusion at such reviews but shall only be included upon consensus of any workgroup formed to conduct such reviews.

(d) The balancing and design of the different outcome categories shall remain at current levels absent upon consensus of any workgroup formed to conduct such reviews.

(e) Base funding levels shall not change except upon consensus of any workgroup formed to conduct such reviews.

(10) Distributions are made quarterly with timing and amounts determined by agreement between the HECC and the Department of Administrative Services. Distributions may be withheld if data in one or more outcome categories is not available at the time of the distribution. However, in such a case, the next distribution shall include any amounts allocated to a university in both the current distribution as well as any withheld distribution.

(11) The cumulative results of the three outcome categories as well as the base funding shall comprise the allocation to a public university for that fiscal year.

(12) When projections are used to determine a public university’s allocation, a True-Up procedure shall be used to prorate future payments to match final allocations. The True-Up procedure may alter the funding allocation of a public university from that which was originally allocated by the HECC. A True-Up procedure, if used, will be executed in the second quarter, or as soon as practicable in every fiscal year and shall coincide with the similar procedure conducted under OAR 715-013-0025.

(a) A public university may submit new or updated data for any past years but it will not affect allocations unless it is submitted and validated prior to the True-Up process being completed for a particular fiscal year. Such additional submissions shall take place within the normal data update framework established by the HECC.

(c) Once True-Up procedures for a particular fiscal year have been completed, that year’s allocations shall be considered as final. Any errors in data or calculation will not be corrected or otherwise incorporated into the allocation calculations of future fiscal years.

History

Statutory/Other Authority: ORS 350.075(5)
Statutes/Other Implemented: ORS 350.075(3)(iiI)(f) & 2015 Oregon Laws Chapter 682
HECC 12-2019, minor correction filed 03/27/2019, effective 03/27/2019
HECC 4-2018, amend filed 08/22/2018, effective 08/22/2018
HECC 2-2017, temporary amend filed 12/18/2017, effective 12/18/2017 through 04/17/2018
HECC 1-2017, temporary amend filed 10/20/2017, effective 10/20/2017 through 04/17/2018
HECC 14-2015, f. & cert. ef. 11-13-15
HECC 8-2015(Temp), f. & cert. ef. 9-8-15 thru 3-5-16

Or. Admin. R. 715-013-0064 Signature Research Center Funds

(1) Definitions

(a) The “Higher Education Coordinating Commission” or “HECC” is the body established by ORS 351.715 and appointed by the Governor.

(b) “Oregon Growth Business’ is defined in ORS 284.701(3) as an individual, group of individuals or private sector business entity, including but not limited to a partnership, limited liability company, corporation, firm, association or other business entity, that engages in business that furthers innovation-based economic development, that has the capacity, upon obtaining appropriate capital, to generate significant high-skill, high-wage employment in Oregon and that conducts business in Oregon or an emerging growth business consisting of an individual or group of individuals or a new or small company, including but not limited to any new or small partnership, limited liability company, corporation, firm, association or other business entity, that has the capacity, upon obtaining appropriate capital, to generate significant high-skill, high-wage employment.

(c) “Public Entity” is defined in ORS 284.701(4) as any agency of the federal or state government, county, city, town, public corporation or political subdivision in this state.

(d) 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).

(e) “Research Institution” is defined in ORS 284.701(5) to include Community Colleges, Public Universities, Oregon Health and Science University, Oregon-based generally accredited non-for-profit private institutions of higher education, federal research laboratories conducting research in Oregon, private not-profit research institutions located in Oregon, institutions for higher education as defined in ORS 289.005 or private institutions of higher education located in Oregon.

(f) “Signature Research Centers” are those authorized under ORS 284.740 to maximize collaborative ventures between Research Institutions, Public Entities and Oregon Growth Industries. Signature Research Center funds are designated by the Legislature.

(2) This rule allocates Signature Research Center funds to Public Universities.

(3) Allocations in the first year of any biennium shall be 49% of the total appropriated. The remainder shall be allocated in the second year of the biennium.

(4) Signature Research Center funds are to be spent on expenses related to collaborative ventures among Research Institutions, Public Entities and Oregon Growth Businesses that seek to capitalize on opportunities to obtain private and federal funding for the research and development of innovation-based economic development.

(5) The University of Oregon and Oregon State University shall each receive 47.5% of all appropriated funds each biennium and Portland State University shall receive 5% of all appropriated funds.

(6) The HECC will give deference to any legislative designation of specific resources or policy decisions when making determinations on allocation of funds.

History

Statutory/Other Authority: ORS 350.075(5)
Statutes/Other Implemented: ORS 350.075(3)(iii)(f), ORS 284.720 & ORS 284.701
HECC 13-2019, minor correction filed 03/27/2019, effective 03/27/2019
HECC 14-2015, f. & cert. ef. 11-13-15
HECC 10-2015(Temp), f. & cert. ef. 9-8-15 thru 3-5-16

Or. Admin. R. 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.

History

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
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

Or. Admin. R. 715-013-0070 Capital Improvement and Renewal (CIR) Distribution

(1) Preamble. The objective of this rule is to provide a funding distribution framework to allocate to the public universities Capital Improvement and Renewal (CIR) funding that is approved by the Oregon Legislature. The intent of CIR funding is to help the public universities reduce over time, the amount of deferred maintenance and the number of code compliance, safety, and accessibility issues for space used for education and general activities. The distribution framework is based on the amount of adjusted space used for education and general activities and the weighted density of its use.

(2) Definitions:

(a) “Adjusted Education and General Gross Square Feet” is all Education and General Gross Square Feet not constructed or substantially renovated in the last ten years.

(b) “Capital Improvement and Renewal” is the repair and replacement of facility assets to ensure continued functionality.

(c) “Current Replacement Value (CRV)” is the calculated cost to reconstruct a facility in kind given material costs and market condition. CRV is escalated each fiscal year to match inflation.

(d) “Deferred Maintenance” is maintenance that has gone unaddressed and was not performed as scheduled. The intent is that this definition aligns with the definition used by the Oregon Department of Administrative Services (DAS).

(e) “Education and General (E&G)” are activities which support the general operations of the University and its primary missions of instruction, research, and public service.

(f) “Education and General Gross Square Feet (E&G GSF)” is defined as the sum of all areas on all floors of a building dedicated to E&G usage. This includes all space within the outside faces of exterior walls, including all vertical penetration areas used for circulation and shaft areas that connect one floor to another. For the purposes of this rule only, E&G GSF includes space utilized by the statewide public services, which includes the Agriculture Experiment Station, Extension Service and Forest Research Laboratory.

(g) “Higher Education Coordinating Commission” or “HECC” is the body established by ORS 350.050.

(h) “Public university” or “University” is any institution as defined in ORS 352.002.

(i) “Substantial renovation” is any renovation greater than 20% of the current replacement value.

(j) “Weighted Density Factor” measures the utilization of education and general space as defined by the number of students, staff, and faculty per unit of space weighted by the proportion of adjusted E&G GSF.

(3) The biennial allocation of CIR funding to each university shall be based on two factors with 85% of total CIR funding distributed based on adjusted E&G GSF and 15% of total CIR funding distributed based on weighted density factor. Each university’s total allocation will be the sum of the allocations from both factors.

(a) Allocations shall be determined once per biennium.

(b) No distributions shall be made until a valid reimbursement request is submitted to the HECC pursuant to agency practice and policy. A reimbursement request is not valid without an executed bond contract.

(4) Allocations of funding based on adjusted E&G GSF shall be determined as follows:

(a) Each university shall, by September 15 of every year, submit a summary inventory and declaration of changes of all buildings which contain E&G GSF on their campus, which shall include at least the following in a table format:

(A) Institution name,

(B) The name of any buildings,

(C) The building type or predominate use of the entire building using the primary Postsecondary Education Facilities Inventory and Classification Manual (FICM) codes,

(D) Building gross square feet (GSF),

(E) Percentage of E&G GSF of the building,

(F) E&G GSF,

(G) Age of building or beneficial occupancy year,

(H) Age of last substantial renovation,

(I) Cost of last substantial renovation,

(J) Current E&G Replacement Value,

(K) Whether the building is leased or owned by the university, and if it is a mix of the two, the proportion of each,

(L) Adjusted E&G GSF,

(M) Deferred Maintenance, and

(N) Facilities Condition Index as calculated by Deferred Maintenance divided by the Current Replacement Value.

(b) If the building is not 100% E&G GSF, the university shall provide documentation to substantiate the proportional allocation of E&G GSF within its submission and shall only include the E&G GSF in their submission.

(d) E&G GSF associated with a building constructed in the last ten years, or for which the date of substantial renovation was within the last ten years, will be excluded to determine the amount of adjusted E&G GSF for each university.

(e) HECC staff shall confirm and circulate final lists of adjusted E&G GSF by university no later than December 15 of each year.

(f) The proportional amount shall be used to calculate funding distributed to each university for this factor as illustrated in Table 1, CIR Allocation Calculations.

(5) Allocations of funding based on weighted density factor shall be determined as follows:

(a) The weighted density factor is derived from the total number of full-time equivalent faculty, staff, and students at each university divided into the total adjusted E&G GSF which is then weighted by the proportion of adjusted E&G GSF. The proportional amount shall be used to calculate the funding distributed to each university for this factor as illustrated in Table 1, CIR Allocation Calculations.

(b) The collection of full-time equivalent faculty, staff, and student data is managed by the HECC and summarized in a report mandated by Oregon Revised Statutes (ORS) 350.360. The full-time equivalent data used in the CIR Allocation Calculations will come from the most recent report published by the HECC. Any related definitions for full-time equivalent data can be found within the report.

(6) The HECC reserves the right to request any additional data and information needed to substantiate submissions.

(7) This framework will be examined by the HECC as it determines appropriate. Any such reviews shall involve consultation with relevant partners as determined by the HECC. Any changes recommended by any workgroup formed to conduct such a review are advisory to the staff of the HECC.

(8) Once made, all HECC-determined allocations shall be considered final for the specific biennium.

(9) Allocations in this rule do not impact any other university funding.

[ED. NOTE: To view attachments referenced in rule text, click here to view rule.]

History

Statutory/Other Authority: ORS 350.075
Statutes/Other Implemented: ORS 350.075 & ORS 352.113
HECC 2-2025, amend filed 10/10/2025, effective 10/10/2025
HECC 5-2019, adopt filed 02/24/2019, effective 02/24/2019

Or. Admin. R. 715-013-0075 Public University Capital Construction Projects

(1) Purpose: The Oregon Higher Education Coordinating Commission (HECC) is charged with determining the strategic investments in the state’s public universities necessary to achieve state post-secondary goals. This includes appropriations for capital construction, improvements, and deferred maintenance. This rule is intended to specify the process by which capital project requests are evaluated and prioritized based on a set of principles. Projects will be prioritized based on specific evaluation criteria. The prioritization process is not a distribution model, and it is anticipated that all capital project proposals will follow the agency request budget process. The principles are that all state-paid debt will support education and general space, and prioritized projects will focus on renewal, will extend the capacity of existing facilities to support student success, will align with state workforce and economic needs, will include operational cost savings to the extent possible, will address safety and security issues, will include public-private and multi-party collaborations to the extent possible, and will leverage private and institutional resources.

(2) For the purposes of this rule, the following definitions apply:

(a) “Capital Project” is a defined proposal for capital construction or capital improvements.

(b) “Capital Construction” is a planned expenditure of $1,000,000 or more for the construction of new buildings or additions to existing buildings.

(c) “Capital Improvements” are planned expenditures to improve existing buildings which increase the value, extend the useful life of property, or make it adaptable to a different use.

(d) “Emergency” is defined as a set of conditions creating an imminent threat to the safety of the campus community or capital construction needs arising from a catastrophic incident.

(e) “HECC” is the Oregon Higher Education Coordinating Commission.

(f) “HECC Agency Request Budget” is the biennial budget request submitted by the Oregon Higher Education Commission to the Governor and the Oregon Department of Administrative Services pursuant to ORS 291.208.

(g) “Public university” or “University” is any institution as defined in ORS 352.002.

(3) Capital Project Submissions.

(a) Not later than April 10 of each even year, public universities shall submit capital plan information and related governing board approved project proposals to the HECC, in the manner specified by the HECC as published in the HECC Capital Guide, for consideration for inclusion in the HECC agency request budget.

(b) Governing board approved capital project proposals submitted for consideration shall include all details, plans, forms, and other information as required by the HECC. Previously submitted, but unfunded, projects may be resubmitted in order to receive new consideration.

(c) A revenue sufficiency analysis will be performed by HECC staff as necessary to comply with ORS 350.095. The public universities will provide all required information requested by HECC staff or the Oregon Department of Administrative Services staff for this purpose. HECC shall not consider any project for which a revenue sufficiency analysis is required but for which sufficient information to complete the analysis has not been provided by the public university.

(d) HECC requests for capital construction or capital improvements to be funded with debt incurred pursuant to Article XI-G of the Oregon Constitution shall comply with ORS 286A.860. The matching of state bond funds under ORS 286A.830(11) may come from sources including institutional resources, gifts, grants, or other sources. The matching amount may not consist of proceeds of debt incurred by the State under any other article of the Oregon Constitution, nor from state General Funds unless specifically designated therefor by the Legislative Assembly.

(e) New capital construction or capital improvements shall be subject to the following considerations:

(A) The cost of necessary initial furniture, fixtures, or equipment necessary to place the asset in service for a new facility shall be an allowable expense. Furniture, fixtures, or equipment purchased for an improved facility shall be an allowable expense if it is capitalized in compliance with GASB accounting and financial reporting standards.

(B) The acquisition of an existing facility shall be deemed a capital construction project within the meaning of this rule.

(C) The costs of acquiring land shall be an allowable expense within a capital construction request in those cases where the capital construction project involves the acquisition of an existing facility. In those cases, the attendant land shall be limited to the parcel of land that currently serves the acquired facility.

(D) Property subject to a leasehold interest by the university shall be eligible for remodeling funds provided the leasehold extends for as long as the state backed bonds are outstanding.

(E) The public university must create a plan for funding future maintenance needs of the facility with institutional resources in alignment with ORS 352.113.

(4) Capital Project Evaluation.

(a) All submitted capital projects will be prioritized. The HECC shall rely upon the submitted capital plan information and capital project proposals, as well as any other data routinely collected by the HECC as needed, for the development of a prioritized list of capital projects to be included in the HECC agency request budget.

(b) Capital projects will be prioritized based on the evaluation criteria displayed in Table 1, “Public University Capital Project Review Criteria,” which is an evaluation rubric based on a maximum of one hundred points allowed for each project. More detailed information on criteria components is available from the HECC.

(c) The evaluation of capital projects is conducted by HECC staff. Capital Projects will be prioritized according to the score for each project.

(d) Within the HECC agency request budget, the HECC shall list the projects in prioritized order. The prioritized list of projects is then presented to the HECC during a scheduled public meeting for its consideration as part of the HECC agency request budget process.

(5) Emergency Requests.

(a) The HECC shall consider for approval any public university capital project requests submitted as an emergency to the Interim Joint Committee on Ways and Means or the Emergency Board. Emergency requests shall comply with all instructions and deadlines required by the HECC.

(b) HECC staff will evaluate emergency capital project requests for potential consideration by the HECC. Only those requests deemed to have met the criteria in subsection (c) of this section will be forwarded for HECC consideration.

(A) Unforeseen circumstances. Whether the capital project request represents a need that could not have been anticipated or is outside the control of a university.

(B) Imminent life or safety need. Assessing the likelihood and severity for a negative outcome given an accepted risk management approach.

(C) Irreparable harm to student success. Determining the potential for heightened risk to credential completion or student success. Assessing whether a group or cohort of students could experience irreparable harm to their ability to complete their education.

(D) Systematic risk to higher education. Assessing if an imminent, previously unforeseen, systematic risk exists to Oregon institutions of higher education and their students necessitating a partnership with the State to effectively mitigate.

(6) Out of Cycle Requests. In accordance with ORS 352.089, a public university that wishes to request the issuance of state bonds for capital construction or improvements shall make a request to the HECC. Any requests submitted outside of the biennial HECC agency request budget process shall be submitted at least 60 days prior to the start date of the legislative session and shall include all details, plans, forms, and other information as required by the HECC. The HECC shall provide a summary to the Governor and Legislature as appropriate by no later than 30 days prior to the start date of the legislative session.

(7) Other Provisions. In accordance with ORS 350.379, public universities will report to the Joint Committee on Ways and Means prior to February 1 of each year on the amount of work performed by apprentices, women, and minority individuals under qualified contracts. Consistent with ORS 352.113, title to any real and/or personal property items acquired under this rule must be taken and held in the name of the State of Oregon, acting by and through the governing board of the public university.

[ED. NOTE: To view attachments referenced in rule text, click here to view rule.]

History

Statutory/Other Authority: ORS 350.075, ORS 350.095 & ORS 352.089
Statutes/Other Implemented: ORS 350.075, ORS 350.095 & ORS 352.089
HECC 4-2024, adopt filed 12/13/2024, effective 12/13/2024

Division 15 Student Data

Or. Admin. R. 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.

History

Statutory/Other Authority: ORS 352.274
Statutes/Other Implemented: 2015 SB 473
HECC 4-2016, f. & cert. ef. 6-14-16

Or. Admin. R. 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:

(b) Question 2 shall be published with the following wording and answer options:

(2) Institutions shall report this data to the Higher Education Coordinating Commission in their regular student-level data submissions each year.

History

Statutory/Other Authority: ORS 350.203
Statutes/Other Implemented: ORS 350.203
HECC 6-2025, amend filed 12/12/2025, effective 12/12/2025
HECC 1-2023, adopt filed 02/14/2023, effective 02/14/2023

Division 17 Academic Policy

Or. Admin. R. 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.

History

Statutory/Other Authority: HB 2311 (2017)
Statutes/Other Implemented: HB 2311 (2017)
HECC 5-2018, adopt filed 12/27/2018, effective 12/27/2018

Or. Admin. R. 715-017-0005 Definitions

(1) For the purposes of this rule, the following definitions apply:

(a) "Dual Credit" means secondary and postsecondary credit awarded for a course offered in a high school, which course is sufficiently similar to the college or university course as to enable the enrolled students to be described as taking the course from an Oregon community college or public university as set forth in ORS 340.310. The course must be taught by a high school teacher who has been approved by the college or university and who meets the qualifications to teach the course for the college or university. Dual Credit may include Career and Technical Education courses.

(b) “Sponsored Dual Credit” means secondary and postsecondary credit awarded for a course offered in a high school, which course is sufficiently similar to the college or university course as to enable the enrolled students to be described as taking the course from an Oregon community college or public university as set forth in ORS 340.310. The course must be taught by a high school teacher who, in partnership with a sponsoring college or university faculty member, meets the qualifications to teach the course for the college or university. Sponsored Dual Credit may include Career and Technical Education courses.

(c) “Assessment Based Learning Credit” means secondary and postsecondary credit awarded for enhanced high school courses or other activities offered at the high school, that focuses on student attainment of specific, college or university defined student learning outcomes, and the opportunity for students to demonstrate, through college or university assessments, that they have obtained those student learning outcomes and thereby are eligible to earn credit for a course from the partnering college or university. The course must be taught by a high school teacher in a secondary-postsecondary partnership that focuses on the above assessment criteria. Assessment based learning credit shall be identified on student transcripts. Assessment Based Learning Credit may include Career and Technical Education courses.

(d) “High School Based College Credit Partnerships” are defined as Dual Credit, Sponsored Dual Credit, and Assessment Based Learning Credit partnerships.

(2) When developing High School Based College Credit Partnerships with high schools, each college or university shall adhere to the Oregon Standards for Dual Credit, Sponsored Dual Credit, or Assessment Based Learning Credit. In order to comply with these standards, partners must follow the guidelines set forth by the Higher Education Coordinating Commission in the Self-Study and Peer Review Guide available on the Higher Education Coordinating Commission agency website.

(3) On or before October 1 of each year, Oregon community colleges and public universities shall submit an annual report to the Higher Education Coordinating Commission of the previous school year's High School Based College Credit Partnership(s) information, including but not limited to, descriptions of:

(a) Partnership programs offered;

(b) Course sections offered, including type of partnership(s), either Dual Credit, Sponsored Dual Credit, or Assessment-Based Learning Credit; and the related Master Course Reference Numbers (CRN);

(d) Instructors and instructor qualifications;

(e) Costs to students;

(f) High School(s) in partnership(s); and

(g) Any major partnership changes, such as addition or discontinuation of a partnership.

(4) The Higher Education Coordinating Commission shall, in accordance with OAR 715-013-0025 or OAR 589-002-0120 as appropriate, fund partnerships solely based on credits earned at Oregon community college or public university as set forth in ORS 340.310 that are either approved or conditionally approved following a review conducted pursuant to this rule. Should, at any time, a community college or public university receive notice that it no longer has approved or conditionally approved status from the Higher Education Coordinating Commission, any credits earned by students through that community college or public university after such notification shall not be included in any relevant funding calculations. Funding shall continue for any credits earned prior to such notification in a manner consistent with the above referenced rules. Should such community college or public university subsequently receive a new approval, or conditional approval, and be reinstated, any credits earned on or after such date of reinstatement notification shall be included in the relevant funding calculations, but no credits earned during the period where such institution lacked such status shall be included. The process to gain or regain a status of approved or conditionally approved can be found in the Higher Education Coordinating Commission Self Study and Peer Review Guide referenced is section 2 of this rule.

(a) If determination that a public university is neither approved nor conditionally approved takes place after the true-up process set out in OAR 715-013-0025(7), it shall not impact the funding level for that university due to high school based college credits for the current fiscal year.

(b) If determination that a community college is neither approved nor conditionally approved takes place after the deadlines set out in OAR 589-002-0120, it shall not impact the funding level for that community college for the current funding period.

(c) This section shall only apply to institutions that have been reviewed under this rule. All student credit hours at institutions that have not yet been reviewed shall be considered approved for funding purposes until such review takes place according to the calendar set forth by the Higher Education Coordinating Commission.

History

Statutory/Other Authority: ORS 340.310 & ORS 350.075
Statutes/Other Implemented: ORS 340.310, ORS 350.075 & ORS 341.484
HECC 6-2018, adopt filed 12/28/2018, effective 12/28/2018

Division 20 State Authorization Reciprocity Agreement

Or. Admin. R. 715-020-0005 State Authorization Reciprocity Agreement Approval, Denial, Appeal

(1) This rule applies to any school that participates in or seeks to participate in the State Authorization Reciprocity Agreement (SARA), an interstate reciprocity agreement for authorization of programs offered through distance education/online learning, offering instruction leading to or conferring degrees and credits from within Oregon to recipients located in states party to the agreement.

(2) The Commission shall review applications in the following manner:

(a) The Commission shall review initial and renewal applications for SARA participation submitted by Oregon institutions. To be approved or renewed, an institution must affirm and demonstrate that it meets the requirements for institutional participation as established by the national SARA governing body. The Commission shall make a determination on the application within 30 calendar days of receipt.

(b) Upon approval by the Commission, an institution shall remit all fees required and execute a Memorandum of Understanding agreement with the Commission. Such agreement is valid for three years from the date of execution by the Commission. An institution shall not engage in activity governed by SARA prior to the payment of fees and execution of such Memorandum.

(3) If the Commission recommends participation be denied, the Commission shall provide to the applicant institution a written reason for the recommendation of denial within 10 calendar days of the decision. The institution may re-apply to the Commission at any time after correcting any deficiencies, or may request, in writing, a review of the recommendation of denial following the process described in this rule. Any request for review by the applicant institution must be submitted to Commission no later than 30 calendar days after receipt of the recommendation of denial notice. If a review is not requested within the allotted time, the decision is final. The decision of Commission may be either a determination to uphold the denial of participation, or a determination to approve the application.

(4) Institutions may only request review of a decision of denial on the basis of errors in the Commission’s review of the application thatreflect one or both of the following:

(a) The determination that the applicant institution did not meet the requirements for approval was not supported by evidence, or

(b) The procedures used to reach the decision were inconsistent with SARA established policies or practices, and that these inconsistencies prejudiced the applicant institution.

(5) Institutions failing to meet eligibility criteria detailed in Section 3.1 of the National Council for State Authorization Reciprocity Agreement Policy Manual may not appeal a determination that such institution fails to meet such criteria.

(6) If after exhausting all efforts with the Commission, if an institution disagrees with the Commission’s decision, the institution may appeal the decision to an advisory council convened by the Commission consisting of representatives of schools approved to participate in the interstate reciprocity agreement. The advisory council serves as a non-regulatory advisory body that will peer review the appeal documents and application submitted. The advisory council shall have representatives from the public university, community college, and private degree granting institution sectors.

(a) The appeal shall be submitted by the institution within 15 calendar days of the date the Commission’s decision is received by the institution. The appeal shall be in writing and request a hearing to be held at a special meeting of the advisory council. The advisory council shall complete a review no later than 30 calendar days after the receipt of an appeal.

(b) The Commission shall consolidate all information pertaining to the relevant application and present it to a special meeting of the advisory council. The Commission may provide an extension of the renewal deadline if needed during the appeals process.

(c) After deliberation and conclusion of the review of the appeal, the advisory council will submit its recommendation to the Commission.

(d) In the event that an advisory council member is from an institution that has submitted an appeal, then that member shall be recused from the deliberation and recommendation process.

(e) The Commission may disagree with the recommendation of the advisory council. The decision of the Commission shall be final.

(f) Nothing in this section shall prohibit an institution from submitting a new application for approval or renewal. Such application shall be considered in accordance with this rule.

(7) An approved institution that is issued a recommendation of denial upon the submission of a renewal application may continue to operate as an approved institution until the end of the 30 day review window established in section (3) of this rule, or if the institution has requested review under such section, the expiration of the appeal window under section (6)(a) of this rule, or if the institution has appealed under such section, the receipt of a notice of denial of such appeal. A recommendation of denial issued by the Commission for which a review is not requested in section (3) of this rule, or if requested, for which an appeal is not filed under section (6)(a) of this rule, shall be considered a denial effective on the date the relevant window to request such a review or appeal expires.

History

Statutory/Other Authority: ORS 350.075 & ORS 348.606
Statutes/Other Implemented: ORS 350.075 & ORS 348.606
HECC 1-2021, adopt filed 02/16/2021, effective 02/16/2021

Division 25 Common Course Numbering and Credit Transfer

Or. Admin. R. 715-025-0001 Transfer Council Terms

(1) The Transfer Council is established, consisting of 15 voting members appointed by the Higher Education Coordinating Commission, and one non-voting, ex-officio member.

(2) The term of a member of the Council begins on the date established by the Commission at the time of appointment. The Commission shall notify members of the term commencement date.

(3) The term of a member of the Council shall be two years, renewable, except that for the initial slate of appointments made to establish the Council, the appointees to the following positions shall be appointed to an initial three-year term, eligible for renewable two-year terms thereafter:

(a) Public university academic officer – position one

(b) Community college academic officer – position one

(d) Public university faculty – position one

(e) Community college faculty – position one

(f) Public high school accelerated college credit program teacher

(g) Community college transfer specialist

(4) The Commission shall determine which members occupy the positions listed in subsections (a), (b), (d), and (e) of section (3) of this rule, and shall notify such members at the time of appointment.

(5) Names and term information for transfer council members shall be posted on a web site viewable by the public.

History

Statutory/Other Authority: 2021 Oregon Laws, Chapter 575
Statutes/Other Implemented: 2021 Oregon Laws, Chapter 575
HECC 5-2021, adopt filed 10/12/2021, effective 10/12/2021

Or. Admin. R. 715-025-0005 DEFINITIONS

(1) Common Course – A course identified as having similar content and competencies, including any course subject to articulation as an equivalent course, between two or more institutions, or a course proposed by the Transfer Council for which a Common Course Numbering Articulation Policy is intended to be developed.

(2) Common Course Numbering System – The established system described in ORS 350.423 which uses the same course numbers and subject codes to identify equivalent courses at different institutions.

(3) Common Course Numbering Articulation Policy (CCNAP) – A policy document establishing the content of each common course, specifying the course title, subject code, course number with universal common course designator determined by the Transfer Council, course description, course learning outcomes, and any other course aspect deemed necessary by the Transfer Council.

(4) Core Transfer Map (CTM) – A policy document describing a “Foundational Curriculum,” compliant with ORS 350.400(2) and (3), that allows a student an opportunity to transfer full academic credit from a community college to any public university listed in ORS 352.002 and which will be counted toward the student’s degree requirements at any public university.

(5) Major Transfer Map Curriculum Articulation Policy (CAP) - A “Unified Statewide Transfer Agreement,” as such terms used in ORS 350.404, and policy document establishing the content of a Major Transfer Map, serving as the binding document upon institutions and students governing the treatment of students who transfer pursuant to the document.

(6) Institution – A community college or public university listed in ORS 352.002.

(7) Typographical Error - A clerical or formatting mistake in a CAP or CCNAP that does not alter curriculum, articulation, or institutional obligations.

(8) Non-Substantive Modification – A change to a CAP or CCNAP that does not alter curriculum or affect implementation.

(9) Substantive Modification means a change to a Curriculum Articulation Policy (CAP) that alters curriculum.

History

Statutory/Other Authority: ORS 350.395 & ORS 350.429
Statutes/Other Implemented: ORS 350.395, ORS 350.429, ORS 350.404, ORS 350.412, ORS 350.423, ORS 350.075 & ORS 352.002
HECC 7-2025, amend filed 12/12/2025, effective 12/12/2025
HECC 3-2024, amend filed 10/11/2024, effective 10/11/2024
HECC 6-2023, adopt filed 08/11/2023, effective 08/11/2023

Or. Admin. R. 715-025-0010 SELECTION OF MAJORS FOR MAJOR TRANSFER MAP CURRICULUM ARTICULATION POLICY DEVELOPMENT

(1) Not later than August 31 of each calendar year, the Commission, in consultation with the Transfer Council, shall determine the major courses of study for development as a CAP.

(2) The Commission may designate a greater number of majors for development in each calendar year than is required to be approved and implemented under ORS 350.404(4).

(3) The Commission shall publicly identify the criteria used to make such determinations, which shall include, but need not be limited to, a consideration of:

(a) The major courses of study with the most workforce demand; and

(b) The most common major courses of study among students who transfer from a community college to a public university.

History

Statutory/Other Authority: ORS 350.395 & ORS 350.429
Statutes/Other Implemented: ORS 350.395, ORS 350.429, ORS 350.404 & ORS 350.412
HECC 6-2023, adopt filed 08/11/2023, effective 08/11/2023

Or. Admin. R. 715-025-0015 INSTITUTIONAL PARTICIPATION IN MAJOR TRANSFER MAP CURRICULUM ARTICULATION POLICY DEVELOPMENT

(1) Prior to the development of a CAP, the Commission shall, in consultation with institutions, determine which institutions offer programs that may be subject to the requirements of the CAP. The Commission shall provide a list of such institutions to the Transfer Council.

(2) The Council shall appoint, from such pool of institutions, a subcommittee to facilitate the development of the CAP.

History

Statutory/Other Authority: ORS 350.395 & ORS 350.429
Statutes/Other Implemented: ORS 350.395, ORS 350.429, ORS 350.404 & ORS 350.412
HECC 9-2023, minor correction filed 10/30/2023, effective 10/30/2023
HECC 6-2023, adopt filed 08/11/2023, effective 08/11/2023

Or. Admin. R. 715-025-0020 MAJOR TRANSFER MAP CURRICULUM ARTICULATION POLICY DEVELOPMENT AND CONTENT

(1) Not later than December 31 of the year the Commission determines a CAP shall be developed for a major course of study, the Transfer Council shall appoint and charge a subcommittee for such purpose.

(2) The Subcommittee appointed by the Council shall develop the CAP, which must:

(a) Identify an approved Core Transfer Map that makes up a portion of CAP coursework requirements.

(b) Enable a student to transfer from a community college to a public university listed in ORS 352.002 without the loss of academic credit or the requirement to retake a course at a public university that the student has successfully completed at a community college, provided that the grade in each course that is transferred meets the degree requirements established by the CAP;

(c) Contain provisions that identify the optimal number of academic credits, including credits in the major course of study, that the student should have when the student transfers from a community college to a public university listed in ORS 352.002 in order for the student to efficiently receive a bachelor’s degree;

(d) Define the classes and completion standards for the optimal number of academic credits identified in subsection (c) of this section that may be taken at a community college;

(e) Except as provided in subsection (f) of this section, ensure that if a student at a community college has completed 90 academic credits of coursework in conformity with the completion standards identified in subsection (d) of this section and transfers to a public university listed in ORS 352.002, the student will:

(A) Receive junior status in the major course of study at the public university; and

(B) Be able to receive a bachelor’s degree in the major course of study by completing the additional academic credits identified in the CAP after transferring, based on the total number of academic credits and standards approved by the accrediting body for the public university;

(f) For CAPs that in subsection (c) of this section identify an optimal number of academic credits to transfer other than 90, ensure that if a student at a community college has completed the identified number of academic credits of coursework in conformity with the completion standards identified in subsection (d) of this section and transfers to a public university listed in ORS 352.002, the student will:

(A) Receive status at the public university, based on the number of academic credits referenced in the CAP, that is comparable to the status of students with the same number of academic credits in the major course of study who began their post-secondary studies at the public university; and

(g) Explore alignment, to the greatest extent possible, of lower-division requirements in the major courses of study.

(3) The subcommittee shall, by a vote of the majority of voting members, submit a CAP recommendation to the council. Two or more members of a subcommittee who disagree with recommendations that are submitted to the Council may jointly submit a minority report to the Council that contains alternate recommendations.

(4) At the time the subcommittee submits a CAP recommendation to the Council, it shall submit a statement of justification for any element of the CAP that requires a student to complete a different course or course sequence depending on the potential enrollment or destination institution of the student. The statement shall:

(a) Describe efforts taken by the subcommittee and institutions to establish curriculum alignment to the greatest extent possible, including but not limited to any efforts taken to align learning outcomes, credit loads, lower-division requirements, and prerequisite requirements for upper-division coursework between institutions;

(b) Provide information pertaining to how any differences in courses or course sequences present in the CAP is of benefit to such students; and

History

Statutory/Other Authority: ORS 350.395 & ORS 350.429
Statutes/Other Implemented: ORS 350.395, ORS 350.429, ORS 350.404 & ORS 350.412
HECC 6-2023, adopt filed 08/11/2023, effective 08/11/2023

Or. Admin. R. 715-025-0025 TRANSFER COUNCIL ACTION

(1) The Transfer Council shall vote to recommend to the Commission the adoption or substantive modification of a CAP. A recommendation of the Council consists of the majority of voting members. Two or more members of the Council disagreeing with a recommendation may submit a minority report to the Commission that contains alternate recommendations.

(2) The Transfer Council shall consider any statement of justification received from a subcommittee prior to a vote. The statement of justification shall be submitted to the Commission with the CAP recommendation.

(3) If, as provided in OAR 715-025-0030 or OAR 715-025-0035, the Commission returns a CAP or portion of a CAP to the Council, the Council shall have the amount of time specified by the Commission to, by majority vote of the Council, submit a recommendation to the Commission.

(4) The Transfer Council shall consider and vote on whether to approve or deny a non-substantive modification to a CAP. Should the council fail to approve a non-substantive modification, the modification may be brought to a vote again at the same or a later Council meeting, unless the Council subsequently votes to classify the modification as substantive, at which point the Council shall follow the process established in OAR 715-025-0055.

History

Statutory/Other Authority: ORS 350.395 & ORS 350.429
Statutes/Other Implemented: ORS 350.395, ORS 350.429, ORS 350.404 & ORS 350.412
HECC 7-2025, amend filed 12/12/2025, effective 12/12/2025
HECC 6-2023, adopt filed 08/11/2023, effective 08/11/2023

Or. Admin. R. 715-025-0030 DECLARATION OF LACK OF TIMELY PROGRESS

(1) The Commission may declare lack of timely progress is being achieved if the Council fails to make a recommendation to the Commission within one year from the date the subcommittee is charged by the Council with the development or modification of the CAP, or should have been charged by the Council pursuant to OAR 715-025-0020, whichever is earlier. The Commission may additionally declare a lack of timely progress if the Council fails to take final action on a non-substantive modification or make a recommendation to the Commission on a substantive modification within one year from the date such modification was referred to the Council for review pursuant to OAR 715-025-055.

(2) Upon such a declaration, the Executive Director, or the Executive Director’s designee, is charged with studying the matter to formulate a draft CAP for the Council. In addition to the work produced by the Transfer Council, the Executive Director, or designee, shall request information and input from chief academic officers from institutions with programs potentially subject to the CAP.

(3) The Executive Director, or the Executive Director’s designee, shall provide a recommendation to the Council not sooner than 90 days from the date the Commission makes such a declaration.

(4) The Executive Director, or the Executive Director’s designee may hire consultants and may consult institutions to assist the Executive Director, or the Executive Director’s designee, in developing the final draft of the CAP for the Transfer Council.

(5) Upon completion of the final draft of the CAP, the Executive Director, or the Executive Director’s designee, will return the CAP to the Council for the Council to provide its recommendation to the Commission, as provided in OAR 715-025-0025. The Council must provide its recommendation to the Commission within 90 days following the return of the CAP to the council, or such other time as the Commission may determine in the declaration of lack of timely progress.

History

Statutory/Other Authority: ORS 350.395 & ORS 350.429
Statutes/Other Implemented: ORS 350.395, ORS 350.429, ORS 350.404 & ORS 350.412
HECC 7-2025, amend filed 12/12/2025, effective 12/12/2025
HECC 6-2023, adopt filed 08/11/2023, effective 08/11/2023

Or. Admin. R. 715-025-0035 COMMISSION CONSIDERATION AND APPROVAL OF MAJOR TRANSFER MAP CURRICULUM ARTICULATION POLICIES

(1) The Commission shall consider the adoption or modification of a CAP based on the work and recommendations of the Transfer Council.

(2) The Commission may return a CAP recommendation to the Council for further consideration, and if so, shall establish a date by which the council must provide an alternative recommendation to the Commission.

(3) Should the Council fail to make a recommendation to the Commission, or fail to provide an alternative recommendation after the cap is returned as provided in OAR 715-025-0035 (2), the Commission may declare a lack of timely progress as provided in OAR 715-025-0030(1).

(4) After following the process in OAR 715-025-0030, if the Council fails to provide its final recommendation as provided by OAR 715-025-0030(5), the Commission may approve a CAP without a formal recommendation from the Council.

(5) The Commission shall notify participating institutions in writing to provosts or chief academic officers within 60 days of approval of a CAP, and shall specify the academic year no later than which the CAP must first be available for students.

History

Statutory/Other Authority: ORS 350.395 & ORS 350.429
Statutes/Other Implemented: ORS 350.395, ORS 350.429, ORS 350.404 & ORS 350.412
HECC 6-2023, adopt filed 08/11/2023, effective 08/11/2023

Or. Admin. R. 715-025-0040 EFFECT OF MAJOR TRANSFER MAP CURRICULUM ARTICULATION POLICY ADOPTION ON INSTITUTIONS

(1) All institutions offering a program leading to a two-year certificate, associate degree, or bachelor’s degree, excluding an applied baccalaureate degree, that is the subject of a CAP shall be bound by the terms of the CAP, except as provided in OAR 715-025-0060.

(2) Community colleges shall, not later than the start of the third academic year following notification by the Commission, grant students who are enrolled in the program subject to the notification the credential or designation specified in the Curriculum Articulation Policy, provided such student has completed the requirements of the CAP.

(3) Any institution that enrolls a student with the specified CAP credential or designation must afford the student the privileges of CAPs as specified in ORS 350.404 and the CAP, and shall not require a student to retake a course covered by the credential or designation earned.

History

Statutory/Other Authority: ORS 350.395 & ORS 350.429
Statutes/Other Implemented: ORS 350.395, ORS 350.429, ORS 350.404 & ORS 350.412
HECC 6-2023, adopt filed 08/11/2023, effective 08/11/2023

Or. Admin. R. 715-025-0045 PROGRAM TERMINATION

An institution may terminate a program subject to a CAP. It shall notify the Council at the time the termination decision is made, and shall ensure students enrolled in the affected program pursuant to the CAP at the time of termination are provided a completion pathway that satisfies the conditions of the CAP.

History

Statutory/Other Authority: ORS 350.395 & ORS 350.429
Statutes/Other Implemented: ORS 350.395, ORS 350.429, ORS 350.404 & ORS 350.412
HECC 6-2023, adopt filed 08/11/2023, effective 08/11/2023

Or. Admin. R. 715-025-0050 ANNUAL REVIEW OF ADOPTED MAJOR TRANSFER MAP CURRICULUM ARTICULATION POLICIES

The Transfer Council shall annually review adopted CAPs for the purpose of ongoing alignment between institutions.

History

Statutory/Other Authority: ORS 350.395 & ORS 350.429
Statutes/Other Implemented: ORS 350.395, ORS 350.429, ORS 350.404 & ORS 350.412
HECC 6-2023, adopt filed 08/11/2023, effective 08/11/2023

Or. Admin. R. 715-025-0055 MODIFICATION OF MAJOR TRANSFER MAP CURRICULUM ARTICULATION POLICY

(1) An institution considering any change to a course or curriculum, including the creation of a new academic program, that impacts or may be impacted by an adopted CAP, shall notify the Transfer Council and Commission of the proposed course or curriculum change prior to the implementation of such change.

(2) All proposed modifications to an adopted CAP, except those necessary solely to correct typographical errors, shall be referred to the Transfer Council for review.

(3) Upon referral of the proposed modification to an adopted CAP, the Transfer Council shall classify the proposed modification as either a Non-Substantive Modification or a Substantive Modification, as those terms are defined in OAR 715-025-0005.

(a) If the Transfer Council determines the proposed modification is a Non-Substantive Modification, the Transfer Council may approve the modification. Non-Substantive Modifications approved by the Transfer Council do not require further Commission action.

(b) If the Transfer Council cannot determine whether the proposed modification is a Substantive Modification or if the Transfer Council determines the proposed modification is a Substantive Modification, the Transfer Council shall appoint a subject-area subcommittee to review the proposed modification and make a recommendation to the Transfer Council.

(4) If the Transfer Council adopts a recommendation for a Substantive Modification, the Transfer Council shall forward the recommendation to the Commission for consideration under OAR 715-025-0035.

(5) If the change proposed as provided in section (1) of this rule is the creation of a new program, the Commission shall determine whether the program is subject to the requirements of an existing CAP.

(6) Any modifications to a CAP shall be made in accordance to the processes and requirements established in OAR 715-025-0020(2) to (4) and OAR 715-025-0030(2) and (3).

(7) An institution shall not implement any modification to a course or curriculum that would have the effect of causing the institution to be out of compliance with obligations under a CAP unless a modification is approved through the process established in this rule, or the institution receives an exemption as provided in OAR 715-025-0060.

(8) Proposed modifications to correct typographical errors shall be determined by the Commission.

History

Statutory/Other Authority: ORS 350.395 & ORS 350.429
Statutes/Other Implemented: ORS 350.395, ORS 350.429, ORS 350.404 & ORS 350.412
HECC 7-2025, amend filed 12/12/2025, effective 12/12/2025
HECC 6-2023, adopt filed 08/11/2023, effective 08/11/2023

Or. Admin. R. 715-025-0060 EXEMPTION FROM PARTICIPATION IN A CAP

(1) An institution may submit a request that a program offered by the institution be exempt from CAP requirements, if the institution offers a program similar in title, but where the areas of foci in upper division coursework diverge significantly from other public institutions such that the program is reasonably considered distinct from the other CAP programs.

(2) An institution requesting an exemption must submit an exemption request to the Transfer Council, at any time following the determination made by the Commission as provided in OAR 715-025-0015, with a statement of reasons the program is distinct and should not be included in the CAP.

(3) The Council shall consider the exemption request and other relevant information in determining the exemption request, but may only grant an exemption on the basis of finding that an institution offers a program similar in title, but where the areas of foci in upper division coursework diverge significantly from other public institutions such that the program is reasonably considered distinct from the other CAP programs.

(4) Within 90 days, the Council shall vote to either grant or deny the exemption.

(5) If an exemption is granted prior to the adoption of the CAP by the Commission, the requesting institution shall not be represented on the subcommittee established by the Council as provided in OAR 715-025-0020.

(6) If an exemption is granted after the adoption of the CAP by the Commission, the institution shall ensure students enrolled in the affected program pursuant to the MTM CAP at the time of the exemption is granted are provided a completion pathway that satisfies the conditions of the MTM CAP

(7) Unless an exemption is granted as provided in this rule, the institution shall be bound by the terms of the CAP.

History

Statutory/Other Authority: ORS 350.395 & ORS 350.429
Statutes/Other Implemented: ORS 350.395, ORS 350.429, ORS 350.404 & ORS 350.412
HECC 6-2023, adopt filed 08/11/2023, effective 08/11/2023

Or. Admin. R. 715-025-0065 SELECTION OF COMMON COURSES FOR DEVELOPMENT

(1) Not later than August of each calendar year the Transfer Council, in consultation with the Commission, shall approve a plan for the development and ongoing alignment of Common Course Numbering Articulation Policies (CCNAP). In approving the plan, the Council shall consider currently existing common courses as well as opportunities to develop courses where the existence of a common course would benefit students. The plan approved by the Transfer Council shall specify the development of no fewer than 10 CCNAPs, or the number specified by the Commission pursuant to OAR 715-025-0090(2), in the calendar year specified in the plan. The Council may amend the plan after approval as deemed necessary by the Council to facilitate the development of the greatest number of CCNAPs possible.

(2) The Transfer Council shall publicly identify the criteria used to make determinations of the common courses included in the CCNAP development plan. The criteria used by the Council shall include the consideration of the most common courses among students who transfer from a community college to a public university. The Council may annually alter such criteria.

(3) Should the Transfer Council not approve a plan that includes the development of at least 10 common courses, or the number specified by the Commission pursuant to OAR 715-025-0090(2), the Commission may specify additional common courses to be included in the Transfer Council’s plan. Such courses shall be deemed to be included in the Transfer Council’s plan upon approval by the Commission.

(4) Pursuant to OAR 715-025-0085(7), the Transfer Council shall include in its plan any common courses specified by the Commission.

(5) The Transfer Council may recommend to the Commission that the Commission reduce the number of CCNAPs the Transfer Council is required to specify for development in a given calendar year.

(6) The Transfer Council may recommend to the Commission that the Commission eliminate the requirement that the Transfer Council develop new CCNAPs on a finding that the common course numbering system has been substantially established and further development of new CCNAPs is unlikely to produce statewide benefit to students.

History

Statutory/Other Authority: ORS 350.395, ORS 350.429 & ORS 350.423
Statutes/Other Implemented: ORS 350.395 & ORS 350.429
HECC 3-2024, adopt filed 10/11/2024, effective 10/11/2024

Or. Admin. R. 715-025-0070 INSTITUTIONAL PARTICIPATION IN COMMON COURSE NUMBERING ARTICULATION POLICY DEVELOPMENT

(1) Once the Transfer Council has approved a Common Course Numbering Articulation Policy (CCNAP) development plan, the Commission shall notify institutions in writing. Notification to institutions shall occur no later than August 31st of each year following any amendments to the plan.

(2) Following the notification to institutions, the Transfer Council shall appoint a faculty subcommittee or subcommittees to facilitate the development and alignment of a common course or courses, from the pool of institutions which offer the common course or courses or have an interest in establishing such common course or courses, subject to the development of the CCNAP.

History

Statutory/Other Authority: ORS 350.395, ORS 350.429 & ORS 350.423
Statutes/Other Implemented: ORS 350.395 & ORS 350.429
HECC 3-2024, adopt filed 10/11/2024, effective 10/11/2024

Or. Admin. R. 715-025-0075 COMMON COURSE NUMBERING ARTICULATION POLICY DEVELOPMENT AND CONTENT

(1) A Common Course Numbering Articulation Policy (CCNAP) shall be developed for each common course prior to approval by the Transfer Council.

(2) A CCNAP shall specify a uniform number of credits awarded for the common course covered by the policy. If a subcommittee of the Transfer Council determines that the number of credits specified in a CCNAP is not the lowest number of credits currently offered any similar course currently offered on which the CCNAP is based, the subcommittee shall provide justification to the Transfer Council, at the time the subcommittee submits a CCNAP recommendation to the Council, the need for additional credit above the lowest number currently offered.

History

Statutory/Other Authority: ORS 350.395, ORS 350.429 & ORS 350.423
Statutes/Other Implemented: ORS 350.395, ORS 350.429, ORS 350.404 & ORS 350.412
HECC 3-2024, adopt filed 10/11/2024, effective 10/11/2024

Or. Admin. R. 715-025-0080 TRANSFER COUNCIL ACTION ON COMMON COURSE NUMBERING ARTICULATION POLICIES

(1) The Transfer Council shall approve a sufficient number of Common Course Numbering Articulation Policies (CCNAP) in each calendar year as necessary to make sufficient progress toward the establishment of a common course numbering system. A majority vote of voting members of the Transfer Council is required for approval. The Commission shall notify institutions of the approval of a CCNAP.

(2) Prior to the approval of a CCNAP, the Transfer Council shall consider any justification statements provided by a subcommittee pursuant to OAR 715-025-0075(2).

(3) On or before December 31 of each year, should the Transfer Council not approve one or more CCNAPs listed in the annual plan adopted by the Transfer Council, the Transfer Council shall send the Commission a written notice of CCNAPs not approved and provide the Commission with the reasons the Council was not able to approve such CCNAPs, and information related to if and how the Transfer Council can approve such CCNAPs.

(4) If, after the inclusion of a course in a CCNAP development plan, the Transfer Council determines that a CCNAP should not be developed for a common course, the Transfer Council shall recommend to the Commission that such course be excluded from the common course numbering system and provide justification of such recommendation to the Commission.

(5) Following the declaration of lack of timely progress in accordance with OAR 715-025-0085, the Transfer Council shall, no later than 90 days after the receipt of a CCNAP from the Commission, or no later than the date specified by the Commission, approve the CCNAP, either as provided by the Commission or amended by the Transfer Council. Should the Council not approve such CCNAP by the relevant deadline, the CCNAP provided by the Commission to the Transfer Council shall be deemed approved, and the Commission shall notify institutions of its approval.

History

Statutory/Other Authority: ORS 350.395, ORS 350.429 & ORS 350.423
Statutes/Other Implemented: ORS 350.395 & ORS 350.429
HECC 3-2024, adopt filed 10/11/2024, effective 10/11/2024

Or. Admin. R. 715-025-0085 DECLARATION OF LACK OF TIMELY PROGRESS FOR COMMON COURSE NUMBERING ARTICULATION POLICY DEVELOPMENT

(1) If the Transfer Council has not approved one or more Common Course Numbering Articulation Policies (CCNAP) listed in the annual plan adopted by the Transfer Council in the preceding calendar year, the Commission may declare lack of timely progress. The Commission shall consider any written notice provided by the Transfer Council.

(2) The Commission shall not declare a lack of timely progress if the Commission finds that the Transfer Council has approved a sufficient number of CCNAPs as necessary to make sufficient progress toward the establishment of a common course numbering system.

(3) Upon such a declaration, the Executive Director, or the Executive Director’s designee, is charged with studying the matter to formulate draft CCNAPs for the Transfer Council. In addition to the work produced by the Transfer Council, the Executive Director, or designee, shall request information and input from chief academic officers at post-secondary public institutions.

(4) The Executive Director, or the Executive Director’s designee, shall provide a recommendation to the Transfer Council not sooner than 90 days from the date the Commission makes such a declaration.

(5) The Executive Director, or the Executive Director’s designee may hire consultants and may consult institutions to assist the Executive Director, or the Executive Director’s designee, in developing the final draft of the CCNAP for the Transfer Council.

(6) Upon completion of the final draft of the CCNAP, the Executive Director, or the Executive Director’s designee, will return the CCNAP to the Transfer Council for consideration and approval. The Transfer Council must approve the CCNAP, in the manner specified in OAR 715-025-0080(5) within 90 days of receipt from the Commission, or such other time as the Commission may determine in the declaration of lack of timely progress.

(7) Notwithstanding sections (1) through (6) of this rule, the Commission may, for any CCNAP not approved by the Transfer Council as listed in its annual plan, require the Transfer Council to include the development of such CCNAP in the CCNAP development plan for the calendar year following the year the common course was first included in the plan.

(8) Notwithstanding section (2) of this rule, the Commission may declare a lack of timely progress for any CCNAP not approved by the Transfer Council following its inclusion in two consecutive CCNAP development plans.

History

Statutory/Other Authority: ORS 350.395, ORS 350.429 & ORS 350.423
Statutes/Other Implemented: ORS 350.395 & ORS 350.429
HECC 3-2024, adopt filed 10/11/2024, effective 10/11/2024

Or. Admin. R. 715-025-0090 POSSIBLE COMMISSION ACTION ON COMMON COURSE NUMBERING ARTICULATION POLICIES

The Commission may take the following actions related to the development and approval of Common Course Numbering Articulation Policies (CCNAP):

(1) In accordance with OAR 715-025-0065(3), include additional courses in the Transfer Council’s annual CCNAP development plan.

(2) Upon the receipt of a recommendation from the Transfer Council pursuant to OAR 715-025-0065(5), reduce, on an ongoing basis, the number of CCNAPs the Transfer Council is required to specify for development in a given calendar year or, pursuant to OAR 715-025-065(6), on basis and justification from the Council that the common course numbering system has been substantially established and further development of new CCNAPs is unlikely to produce statewide benefit to students, eliminate the requirement that the Council develop new CCNAPs.

(3) Upon receipt of a recommendation from the Transfer Council pursuant to OAR 715-025-0080(4), vote to exclude a common course from the requirement that a CCNAP be developed. The Commission may, upon further consideration, vote to reestablish the requirement for such common course.

(4) Pursuant to OAR 715-025-0085(7), require the Transfer Council to include a CCNAP in a CCNAP development plan.

(5) Pursuant to OAR 715-025-0085, declare a lack of timely progress.

(6) Upon approval of a CCNAP by the Transfer Council, the Commission shall notify institutions in writing of the approval and specify the catalog year the common course for which a CCNAP has been approved must be available for student enrollment.

History

Statutory/Other Authority: ORS 350.395, ORS 350.429 & ORS 350.423
Statutes/Other Implemented: ORS 350.395 & ORS 350.429
HECC 3-2024, adopt filed 10/11/2024, effective 10/11/2024

Or. Admin. R. 715-025-0100 EFFECT OF COMMON COURSE NUMBERING ARTICULATION POLICY ADOPTION ON INSTITUTIONS

(1) All institutions shall participate in the common course numbering system.

(2) Institutions offering a course for which a Common Course Numbering Articulation Policies (CCNAP) has been approved shall, in the catalog year specified by the Commission, offer students such course in accordance with the associated CCNAP.

(3) Any institution that enrolls a student who has completed a CCNAP course shall not require a student to retake a course except as provided in section (4) of this rule.

(4) Any institution that enforces a grade requirement for a CCNAP course as a minimum for the awarding of credit, as an admission requirement for a specific program, or as a minimum grade required for all major courses, shall have a uniform requirement without regard to the institution of origin Such institution may require a student who has completed such course but has received a grade below the institution’s requirement to retake such course.

(5) An institution must treat each a CCNAP course as if it were taken at that institution with respect to:

(a) Satisfying general education requirements for graduation; and

(b) Satisfying any requirements for a major in a baccalaureate or associate degree program

(6) An institution may not require a student to take a corequisite course designed to provide additional student contact hours as a condition of enrollment in any CCNAP course unless such course is designed to provide additional academic support for students the institution determines require such support, and the CCNAP course for which the corequisite is required is an introductory math or writing course.

(7) An institution may not offer a course similar in course description and course learning outcomes, but that is not subject to a CCNAP, unless the institution follows the provisions of OAR 715-025-0115, or unless the Council determines upon approval of such CCNAP that the offering of such course is necessary to facilitate a transition to a new group courses subject to CCNAPs that are designed to be taken sequentially.

History

Statutory/Other Authority: ORS 350.395, ORS 350.429 & ORS 350.423
Statutes/Other Implemented: ORS 350.395 & ORS 350.429
HECC 1-2026, minor correction filed 01/26/2026, effective 01/26/2026
HECC 3-2024, adopt filed 10/11/2024, effective 10/11/2024

Or. Admin. R. 715-025-0105 COMMON COURSE NUMBERING ARTICULATION POLICY COURSE TERMINATION

(1) An institution may terminate a course subject to a Common Course Numbering Articulation Policy (CCNAP). It shall notify the Transfer Council at the time the termination decision is made.

(2) An institution that terminates a course subject to a CCNAP shall, for no fewer than seven academic years following the year of termination, provide all rights and guarantees of such CCNAP to any student enrolled at an institution at the time of course termination.

History

Statutory/Other Authority: ORS 350.395, ORS 350.429 & ORS 350.423
Statutes/Other Implemented: ORS 350.395 & ORS 350.429
HECC 3-2024, adopt filed 10/11/2024, effective 10/11/2024

Or. Admin. R. 715-025-0110 REVIEW OF ADOPTED COMMON COURSE NUMBERING ARTICULATION POLICIES

(1) The Transfer Council shall ensure the ongoing alignment of courses subject to Common Course Numbering Articulation Policies (CCNAP) between institutions.

(2) Any CCNAP approved by the Higher Education Coordinating Commission prior to the initial adoption of OAR 715-025-0065 to OAR 715-025-0115 shall remain in effect as though adopted by the Transfer Council pursuant to OAR 715-025-0080, until such CCNAP is reviewed by the Transfer Council. Upon review, the Transfer Council shall ensure such CCNAP is compliant with the provisions of OAR 715-025-0065 to OAR 715-025-0115. Should the Council determine that the CCNAP is not compliant, the Council shall include the development of a compliant CCNAP in the Councils next CCNAP development plan.

History

Statutory/Other Authority: ORS 350.395, ORS 350.429 & ORS 350.423
Statutes/Other Implemented: ORS 350.395 & ORS 350.429
HECC 3-2024, adopt filed 10/11/2024, effective 10/11/2024

Or. Admin. R. 715-025-0115 OFFERING OF NEW OR MODIFICATION OF EXISTING COURSES BY INSTITUTIONS

(1) An institution shall notify the Transfer Council when it is seeking:

(a) to offer a course that is similar in course description and course learning outcomes to a course for which there is an adopted Common Course Numbering Articulation Policy (CCNAP) or CCNAP under consideration by the Transfer Council, but that is not subject to a CCNAP; or

(b) to modify a course that would have the effect of causing the institution to be out of compliance with obligations under a CCNAP.

(2) The Transfer Council shall, within one year, determine:

(a) Whether the institution may offer such course as proposed;

(b) Whether the institution may not offer such course unless it adheres to the terms of an adopted CCNAP or a CCNAP under consideration; or

(3) An institution shall notify the Transfer Council when it is seeking to offer a course for which it intends to adhere to the terms of an adopted CCNAP and provide any documentation required by the Council. Upon notification and the receipt of required documentation, the Council shall include the institution in such CCNAP.

History

Statutory/Other Authority: ORS 350.395, ORS 350.429 & ORS 350.423
Statutes/Other Implemented: ORS 350.395 & ORS 350.429
HECC 3-2024, adopt filed 10/11/2024, effective 10/11/2024

Or. Admin. R. 715-025-0200 TRANSFER SUCCESS MEASURES; INSTITUTIONAL REPORTING

(1) Each community college and public university listed in ORS 352.002 shall submit an annual report to the Higher Education Coordinating Commission that shall allow the Commission to evaluate the effectiveness and implementation of statewide transfer tools, including:

(a) Common Course Numbering (CCN);

(b) Core Transfer Maps (CTMs); and

(2) For each required measure, institutions must provide data disaggregated by at least the following:

(a) Whether students completed CCN, CTM, or MTM pathways; and

(b) Individual student characteristics specified by the Commission.

(3) Reports shall include the following measures:

(a) Graduation Rate. Percentage of transfer students completing a bachelor’s degree, compared to first-time freshmen.

(b) Credits at Graduation. Number of earned credits at bachelor’s degree completion, for transfer students and first-time freshmen, disaggregated by major and other characteristics.

(c) Transfer Rate. The percentage of students who are new to a community college in fall term, who complete at least 18 collegiate credits within their first two years, for whom a plurality of credits are in lower-division collegiate coursework, and who subsequently transfer to an Oregon public university within four years of initial enrollment.

(d) Utilization Rate of Transfer Tools, including:

(A) The percentage of students earning an associate’s degree or transcript notation with the guarantees of an MTM, among all associate degree earners;

(B) The percentage of students who transfer with a CTM, among all students who transfer with 30–89 credits; including students with an MTM; and

(e) Federal Loan Participation. Percentage of current undergraduates with federal loans.

(f) Average Debt of Bachelor’s Graduates. Average dollar amount of debt among students completing a bachelor’s degree.

(4) Each institution shall also provide information regarding the adoption and implementation of legislatively mandated transfer policies, including MTMs, CTMs, and CCN, including:

(a) Catalog listings, including confirmation that approved CCN courses are published in the institution’s annual catalog and schedule beginning with the catalog year following Transfer Council or Commission approval of the course;

(b) Confirmation that approved MTM programs are implemented with the rights and guarantees provided for in ORS 350.400 and OAR 715-025-0040.

(c) whether the institution scheduled or offered courses that are subject to an approved CCNAP but not listed with the required CCN designation in the catalog, and if so, whether such courses were offered solely as part of an approved teach-out plan; and

(d) Course removals, including whether a course similar in course description and course learning outcomes but that is not subject to a CCNAP remain listed or offered, and, if so, whether such offerings are limited to an approved teach-out plan as specified in 715-025-0100.

(5) Each institution shall also provide information regarding:

(a) Institutional support and resources for transfer, including faculty and staff training and advising tools; and

(b) Challenges and barriers to implementation of transfer policies.

(6) The Commission shall have final authority to resolve disputes regarding the interpretation or application of definitions in this rule.

(7) Institutions shall submit annual reports in the form specified by the Commission.

(8) The Commission may require institutions to report additional information related to transfer effectiveness, implementation, and student success as determined by the Commission.

(9) The Commission may make publicly assessable, in a manner compliant with relevant student data privacy laws, any elements of institutional reporting.

(10) Institutions shall submit their first reports under these rules to the Commission by September 1, 2026.

(11) The Commission shall compile and publish the first statewide transfer report based on these measures by December 15, 2026.

History

Statutory/Other Authority: ORS 350.395, ORS 350.423 & ORS 350.429
Statutes/Other Implemented: ORS 350.395, ORS 350.429 & ORS 350.412
HECC 9-2025, adopt filed 12/12/2025, effective 12/12/2025

Division 30 Sexual Misconduct Survey

Or. Admin. R. 715-030-0001 Definitions

For purposes of this section, the following definitions apply.

(1) “Complainant”: For the purposes of ORS 350.345, the term "complainant" means a student or employee who was the target of sexual misconduct.

(2) “Completion rate”: The number of students who complete a survey and submit their answers, compared to the number of students who were offered the survey.

(3) "Consent" means freely given permission to participate when the option to say no is present and viable. Consent cannot be given by a person who is asleep, unconscious, incapacitated by any means, including by intoxicants, or otherwise unable to make informed decisions.

(4) “Domestic violence” is attempting to cause or causing physical or emotional injury; placing another in fear of physical or emotional injury; or engaging in any sexual contact without the other person’s consent when the other person is a spouse, former spouse, adult related by blood or marriage, a person cohabitating, a person having cohabitated in the past, a person involved or previously involved in a sexually intimate relationship, or unmarried co-parent of a minor child. Domestic violence includes coercive control; physical abuse; financial abuse or control; emotional abuse; technological abuse; reproductive coercion; sexual violence; sexual exploitation; and stalking.

(5) "Gender-based harassment or violence" means either gender-based harassment or gender-based violence.

(a) Gender-based harassment means unwelcome conduct against an individual based on their biological sex, gender identity or expression, or perceived deviation from socially defined expectations of male-female binary gender stereotypes. This includes unwelcome gender-based advances, economic manipulation, requests for sexual favors, or other verbal, nonverbal or physical conduct of a gender-based nature where such conduct is sufficiently severe or pervasive that it has the effect, intended or unintended, of unreasonably interfering with an individual's work or academic performance or it has created an intimidating, hostile or offensive environment and would have such an effect on a reasonable person.

(b) Gender-based violence means any form of violence against an individual based on their biological sex, gender identity or expression, or perceived deviation from socially defined expectations of male-female binary gender stereotypes. This includes physical, sexual, and psychological abuse; threats; coercion; and arbitrary deprivation of liberty, whether in public or private life.

(6) "Harassment or violence based on sexual orientation" means either harassment based on sexual orientation or violence based on sexual orientation.

(a) Harassment based on sexual orientation means unwelcome conduct based on a person's real or perceived sexual orientation. This includes unwelcome advances, economic manipulation, requests for sexual favors, or other verbal, nonverbal or physical conduct based on sexual orientation and of a nature where such conduct is sufficiently severe or pervasive that it has the effect, intended or unintended, of unreasonably interfering with an individual's work or academic performance or it has created an intimidating, hostile or offensive environment and would have such an effect on a reasonable person.

(b) Violence based on sexual orientation means any form of violence against an individual based on the person's real or perceived sexual orientation. This includes physical, sexual, and psychological abuse; threats; coercion; and arbitrary deprivation of liberty, whether in public or private life.

(7) "Institution of higher education" or "institution" means a public university listed in ORS 352.002; Oregon Health and Science University; community college operated under ORS chapter 341; or an Oregon-based private university or college, as provided in ORS 350.330. An Oregon-based private university or college includes an out- of-state private university or college that has a campus located in Oregon at which students attend classes in person.

(8) "Intimate partner violence" is a form of domestic violence in which the persons involved are in a relationship of a romantic or sexual nature. The relationship may be past or current. Other terms for this might include "dating violence" or "relationship abuse."

(9) "Local victim advocacy organization" means a community-based domestic and sexual violence advocacy agency providing services in the same county as the campus of the institution of higher education.

(10) “Personally identifiable information (PII)”: any information about an individual maintained by an institution or its agent that can be used by itself or in combination with other information to distinguish or trace an individual’s identity, including:

(a) First or last name;

(b) Mailing address or residence;

(d) E-mail address;

(e) Date of birth;

(f) A personal identifier, such as the applicant's or participant's Social Security number or student number;

(g) A list of personal or physical characteristics which would make the applicant's or participant's identity easily traceable; or

(h) Other information which would make the applicant's or participant's identity easily traceable.

(i) Any other information or records that can be linked to an individual, such as medical, educational, financial, and employment information.

(11) “Response rate”: The number of students who opened a survey, compared to the number of students who were offered the survey. The response rate includes all those that complete and submit the survey and those that do not.

(12) "Sexual exploitation" means any actual or attempted abuse of a position of vulnerability, differential power, or trust, for sexual purposes in the absence of consent. Sexual exploitation includes:

(a) Creating or sharing an intimate or sexual image or recording of a person's likeness without their consent or sending intimate or sexual images or recordings to a person without their consent; coercing another person to create an intimate image or record a sexual act under threat of physical, emotional, or financial abuse;

(b) Displaying intimate areas of one's body to another person without their consent in a place where such display would not reasonably be expected; engaging in sexual activity while another person was present without their consent; or

(c) Observing another person's intimate areas or sexual activity without their knowledge or consent and in a place where the person has a reasonable expectation of privacy.

(13) "Sexual harassment" means unwelcome conduct of a sexual nature. Sexual harassment includes unwelcome sexual advances, requests for sexual favors, or other verbal, nonverbal or physical conduct of a sexual nature where such conduct is sufficiently severe or pervasive that it has the effect, intended or unintended, of unreasonably interfering with an individual's work or academic performance or it has created an intimidating, hostile or offensive environment and would have such an effect on a reasonable person." ORS 350.330(2)(a).

(14) "Sexual violence" means actual or attempted physical contact of a sexual nature or in a sexual context without the other person's consent, if the other person is incapacitated in any way, or without their ability to refuse the physical contact. Sexual violence includes physical contact through violence, coercion, or when the person is unable to give consent or refuse the physical contact because of vulnerability, intoxication, or unconsciousness. Examples of physical contact of a sexual nature or in a sexual context include forcible kissing, penetration of someone's body by another person's body part or an object, or the use of their body to penetrate another, and touching another person's intimate areas (for example, breasts, genitals, or buttocks), including groping, fondling, rape, sexual assault, and sexual abuse.

(15) "Stalking" means repeated and unwanted contact that causes the victim reasonable apprehension regarding the personal safety of the victim or a member of the victim's immediate family or household and it is objectively reasonable for a person in the victim's situation to have been alarmed or coerced by the contact. Stalking includes, but is not limited to, repeated and unwanted contact such as: electronic or in-person surveillance; sending communications including unwanted items to the target or people in the target's family, school, or workplace; tracking the target's physical location; accessing or monitoring a person's phone and other computing devices; property damage; and threats. Stalking may involve the use of third parties to accomplish the behaviors.

(16) "Supportive measures" are individualized services, changes, exceptions, or accommodations provided by an institution of higher education to restore or preserve equal access to education and employment, protect student and employee safety, or deter sexual misconduct. Waivers granted under ORS 350.344 are supportive measures.

History

Statutory/Other Authority: ORS 350.346
Statutes/Other Implemented: ORS 350.335
HECC 8-2025, amend filed 12/12/2025, effective 12/12/2025
HECC 3-2025, adopt filed 10/10/2025, effective 10/10/2025

Or. Admin. R. 715-030-0005 Survey Development

Proposed additional institution-specific questions shall be submitted to the commission for consideration by the Sexual Misconduct Survey Council within 60 days of submission. The Council shall ensure questions do not require the disclosure of any personally identifiable information and are not objectively traumatizing for victims of sexual harassment.

History

Statutory/Other Authority: 350.346
Statutes/Other Implemented: 350.338
HECC 3-2025, adopt filed 10/10/2025, effective 10/10/2025

Or. Admin. R. 715-030-0010 Survey of Enrolled Students; Information to be Posted on Website

(1) Each institution of higher education shall administer a sexual misconduct survey within two academic years from the date the commission first distributes the survey to the institutions. Each subsequent administration of the survey by an institution shall occur no greater than two academic years following the institution's administration of the prior survey.

(2) Each institution shall administer only the most recent sexual misconduct survey the commission distributes.

(3) Institutions shall implement ethical principles and standards for survey administration, data collection, and data utilization, and administer the survey consistent with those principles. In forming such principles and standards, institutions shall consider the Oregon Campus Sexual Misconduct Survey Implementation Guide published by the Commission. Institutions shall include information about the ethical standards they have adopted in the survey and include a link to the standards in the aggregate summary of survey results. If institutions contract with third-parties for administration of the survey, they shall ensure that the third-party contractors also abide by the adopted professional and ethical standards.

(4) The online platform used to collect survey data shall not collect IP addresses or any other information that could be used to identify a respondent or any personally identifiable information other than what is required to be included in the sexual misconduct survey by ORS 350.337.

(5) The institution shall submit the summary of the survey results as defined by the commission in a format the commission provides. The information submitted to the commission shall not include any personally identifiable information.

History

Statutory/Other Authority: ORS 350.346
Statutes/Other Implemented: ORS 350.337 & ORS 350.338
HECC 8-2025, amend filed 12/12/2025, effective 12/12/2025
HECC 3-2025, adopt filed 10/10/2025, effective 10/10/2025

Or. Admin. R. 715-030-0011 Maximizing survey response rates

(1) Institutions shall implement survey solicitation, recruitment and dissemination practices that will encourage students to respond to the survey. In implementing these practices, institutions shall adhere to trauma-informed frameworks and consider the Oregon Campus Sexual Misconduct Survey Implementation Guide published by the Commission.

(2) Strategies or practices adopted by institutions to maximize response rates shall not require students to respond to the survey or penalize students for not responding to the survey.

(3) Institutions may use incentives to encourage student participation in the survey. To avoid coercion, incentives must be equally available to all students responding to the survey including students that do not complete and submit their responses.

(4) Institutions shall include survey response rates and completion rates in the summary of results submitted to the Commission and published on the institution’s website.

History

Statutory/Other Authority: ORS 350.346
Statutes/Other Implemented: ORS 350.339
HECC 8-2025, adopt filed 12/12/2025, effective 12/12/2025

Or. Admin. R. 715-030-0012 Protecting student anonymity

(1) Institutions shall remove personally identifiable information not required by ORS 350.337 from an individual’s responses to the survey.

(2) Institutions must store, access, and preserve survey data with secure procedures matching the security level for other sensitive data at the institution.

(3) Access to the survey database must be limited to professionals trained in confidential information handling. The titles of all individuals with access, including employees of third-party vendors, must be listed in recruitment materials and on the institution’s survey site.

History

Statutory/Other Authority: ORS 350.346
Statutes/Other Implemented: ORS 350.338
HECC 8-2025, adopt filed 12/12/2025, effective 12/12/2025

Or. Admin. R. 715-030-0015 Required Employment of Certified Advocate, Qualifications, Duties, and Exceptions

(1) An institution shall employ at least one certified advocate as part of an institution-based qualified victim services program unless the institution:

(a) does not have an institution-based qualified victim service program, or

(b) has fewer than 1,000 enrolled students who reside on campus.

(2) An institution that meets the provisions of either subsection (a) or (b) of section (1) shall partner with a local victim advocacy organization to provide the services of an advocate without charge to enrolled students and ensure that the organization’s advocate has regular scheduled on-campus office hours as agreed upon by the institution and the local victim advocacy organization or obtain a waiver under OAR 715-030 0025.

(3) The institution shall make a reasonable effort to provide a space for use by the advocate that allows for confidentiality of access and conversation and is located away from offices used by campus security and staff involved in sexual misconduct investigation and disciplinary processes.

(4) For the purposes of ORS 350.340(4)(b), the advocate shall meet the requirements by annually sending information to all staff informing them of their duties should they be asked to provide or enforce supportive measures or accommodations.

History

Statutory/Other Authority: ORS 350.346
Statutes/Other Implemented: ORS 40.264 & ORS 350.340
HECC 3-2025, adopt filed 10/10/2025, effective 10/10/2025

Or. Admin. R. 715-030-0020 Required Memorandum of Understanding and Exceptions

(1) Each institution of higher education shall enter into and maintain a memorandum of understanding with a community-based domestic and sexual violence advocacy agency that is in the same county as the institution.

(2) The agency shall review the institution’s sexual misconduct training materials for students and employees; the institution shall consider incorporating any feedback provided by the agency.

(3) Services offered to students and employees of an institution by the agency pursuant to the memorandum shall be made available on campus and off campus; they may be offered virtually if the student or employee prefers.

(4) Neither the agency nor the institution may charge any fees to students and employees that access confidential victim services as provided for in this section.

(5) Institutions shall submit a copy of the memorandum of understanding to the commission in a manner specified by the commission.

History

Statutory/Other Authority: ORS 350.346
Statutes/Other Implemented: ORS 350.341
HECC 3-2025, adopt filed 10/10/2025, effective 10/10/2025

Or. Admin. R. 715-030-0025 Waivers from the Requirements to Partner with Local Community-based Domestic and Sexual Violence Advocacy Agency

(1) An institution may submit a request that it be exempted or partially exempted from the requirements of OAR 715-030-0015 and 715-030-0020 if, despite reasonable efforts, it has been unable enter into an agreement to provide advocacy services or establish a memorandum of understanding with a community-based domestic and sexual violence advocacy agency.

(2) To request a waiver, an institution shall submit a letter to the commission in a manner to be determined by the commission. The letter shall include the dates for the period for which a waiver is requested; the names and websites or other contact information for agencies contacted by the institution; a description of actions taken during the period for which the waiver is requested toward entering into an agreement to provide advocacy services or a memorandum of understanding with an agency; and a description of services which were requested and whether or not those services were provided.

(3) The commission shall make a determination on the waiver request within 30 days of receiving the request. The waiver shall be granted by the commission if the institution shows that it made reasonable good faith efforts to contact agencies to provide the services specified in OAR 715-030-0015 and 715-030-0020, and such agencies did not respond or declined to provide some or all of those services.

(4) A waiver granted under this rule shall be no longer than one year in duration, except that an institution may subsequently apply for a waiver renewal.

History

Statutory/Other Authority: ORS 350.346
Statutes/Other Implemented: ORS 350.340 & ORS 350.341
HECC 3-2025, adopt filed 10/10/2025, effective 10/10/2025

Or. Admin. R. 715-030-0030 Required Training for Students and Employees of Institution; Contents of Training.

(1) An institution shall maintain a list of the individuals with the qualifications required by ORS 350.343(a) to provide guidance to establish annual primary prevention and awareness training.

(2) For the purposes of ORS 350.343(1)(a), a certified confidential advocate employed by the institution is an individual with experience identifying protective and risk factors related to violence.

(3) Institutions shall not impose any penalty or take any other adverse action against students or employees for nonattendance.

History

Statutory/Other Authority: ORS 350.346
Statutes/Other Implemented: ORS 350.343
HECC 3-2025, adopt filed 10/10/2025, effective 10/10/2025

Or. Admin. R. 715-030-0035 Student Waiver from Certain Requirements for Institution-sponsored Programs or Activities; Qualifications for Waiver; Confidentiality of Personal Information.

(1) A student who, while enrolled at an institution, has experienced sexual misconduct may request a waiver of minimum required grade point average or disciplinary record requirements required to demonstrate academic success that are part of an institution-sponsored program or activity identified by the institution.

(2) The waiver may be requested by the student verbally or in writing via paper, email, or text. The waiver shall be documented to the student in writing.

(3) The student may choose to submit a copy of the waiver directly to the individual or office administering the institution-sponsored program or activity; or, on direction from the student and consistent with other privacy and confidentiality requirements, the waiver may be provided by the advocate,Title IX coordinator, or equivalent official directly to the individual or office administering the institution-sponsored program or activity.

(4) A student shall repeat the waiver process for each institution-sponsored program or activity for which the student is seeking a waiver.

(5) Documentation of the waiver provided to the student or to the individual or office administering the institution-sponsored programs or activities shall indicate that it is being granted in compliance with ORS 350.344 and shall not contain information about the specific reason that the waiver was granted.

History

Statutory/Other Authority: ORS 350.346
Statutes/Other Implemented: ORS 350.344
HECC 3-2025, adopt filed 10/10/2025, effective 10/10/2025

Or. Admin. R. 715-030-0040 Report Relating to Sexual Misconduct; Contents.

(1) For the purposes of ORS 350.345(2)(a), a report of sexual misconduct made to a Title IX coordinator or equivalent official includes any report made by a student or employee of the institution, regardless of whether it is a first person account, third-person account, or anonymous account provided the report includes information that:

(a) the person who experienced the sexual misconduct is a student or employee of the institution; and

(b) there is sufficient information to determine the type of sexual misconduct that occurred.

(2) An institution need only report and count one incidence of sexual misconduct if multiple reports are made of the same sexual misconduct action committed by the same person against the same victim.

(3) For purposes of ORS 350.345(2)(k), “types of violence” means “types of sexual misconduct.” The “types of sexual misconduct” are:

(a) sexual harassment;

(b) sexual violence;

(d) domestic violence;

(e) sexual exploitation;

(f) stalking;

(g) harassment or violence based on sexual orientation; or

(h) gender-based harassment or violence.

(5) For the purpose of ORS 350.345(2)(b), a “law enforcement investigation” is an investigation conducted by:

(a) County sheriffs, municipal police departments, police departments established by a university under ORS 352.121 or 353.125, and state police;

(b) Other police officers of this state or another state, including humane special agents as defined in ORS 181A.345;

(c) A tribal government as defined in ORS 181A.940 that employs authorized tribal police officers as defined in ORS 181A.940; or

(d) Law enforcement agencies of the federal government.

(6) An institution shall count each investigation initiated by law enforcement during the reporting period in response to sexual misconduct that was also reported to the institution regardless of when the sexual misconduct was reported to the institution.

(7) When required to report the number of students and employees for a specific reporting element in ORS 350.345, an institution shall separately list the number of students and the number of employees.

(8) An institution shall not include the student or employee in the count of individuals investigated but not found responsible for violating sexual misconduct policies or codes of conduct prohibiting sexual misconduct policies if they were found responsible for other violations of sexual misconduct policies or codes of conduct prohibiting sexual misconduct during the reporting period.

(9) An institution shall report the number of complainants reporting sexual misconduct to the institution’s Title IX coordinator or equivalent official who requested supportive measures, not the number of complainants to whom supportive measures were offered.

(10) An institution shall report the number of complainants requesting a specific number of supportive measures: for example: 4 complainants requested 1 supportive measure; 3 complainant requested 2 supportive measures; etc.

(11) An institution shall report the number of complainants who received a certain number of supportive measures: for example: 4 complainants received 1 supportive measure; 3 complainants received 2 supportive measures; etc.

(12) An institution shall report the number of individuals who made a report to the Title IX coordinator or equivalent official during the reporting period and either declined to participate in an investigation initiated by the institution or requested that the institution not conduct an investigation into the report. An individual who did not respond to communications about the availability of an investigation shall be considered to have declined to participate in an investigation. Report the number of students and the number of employees separately.

(13) An institution shall report the number of open investigations of sexual misconduct initiated by the institution that were not resolved during the previous academic year, regardless of when the investigation was initiated.

(14) For the purpose of ORS 350.345(2)(k), the type of violence reported as occurring on the campus of the institution shall be reported as the type of sexual misconduct according to the categories listed in the definition for such term in OAR 715-030-0001 and may also include any campus-specific categories of sexual misconduct. The number of reports of each category of sexual misconduct occurring on the campus of the institution shall be reported separately.

(15) The Commission shall provide a template that institutions may use to facilitate meeting the reporting requirements of ORS 350.345.

History

Statutory/Other Authority: ORS 350.346
Statutes/Other Implemented: ORS 350.345
HECC 4-2026, minor correction filed 08/19/2026, effective 08/19/2026
HECC 3-2025, adopt filed 10/10/2025, effective 10/10/2025

Division 45 Private Career Schools

Or. Admin. R. 715-045-0001 Definitions

The following definitions apply to OAR Chapter 715 Division 045, unless otherwise indicated by the context:

(1) "Ability to benefit" is a term used in reference to federal Title IV federal student aid regulations and the methods of determining whether a student has the requisite academic skills necessary to successfully complete a program of study, to be used only for the purposes of establishing eligibility for Title IV funding.

(2) “Addendum” used in reference to a school’s catalog means a separate document that contains revisions of policies or other information appearing in the school catalog. Information listed in an addendum to a catalog should be incorporated into the catalog at the next printing of the catalog. An addendum does not include errata, but errata can appear on the same page as addendum information, if properly labeled.

(3) "Advertising" means any form of public notice used in recruiting and promoting activities, however disseminated, including but not limited to print media, catalogs, and other school publications, signs, mailing pieces, radio or television ads, audiovisual material, and the internet on behalf of a licensed school.

(4) "Agent" has the meaning given in ORS 345.010(1).

(5) "Application for admission" or “admission application” means a form, separate from the enrollment agreement, which is submitted by an applicant prior to the signing of the enrollment agreement and evaluated by the school for admission purposes. Schools may charge a non-refundable application fee; however, the fee must be clearly identified on the application.

(6) "Application fee," when used in reference to a school’s admissions process, or “admission fee” means the initial fee charged by a school to cover those expenses incurred by the school in establishing an admissions file for a prospective student. The application or admission fee is not inclusive of and does not preclude other fees necessary to assess the suitability of a student for the intended program, or that student’s appropriate level of placement in the program based on prior training, education, or experience. At the school's option, the application fee may be non-refundable. The school shall not charge an application fee of more than $50.00.

(7) "Approved" means accepted by the Higher Education Coordinating Commission or by the commission’s executive director in matters relating to school licensing requirements.

(8) "Assessment" or “Performance Assessment” when used in reference to the instructional program, as outlined in OAR 715-045-0009, means a performance-based evaluation of an applicant's progress towards mastery of the stated competencies of the instructional program.

(9) "At-risk" means designated as at-risk by the Commission as provided in OAR 715-045-0066.

(10) "Auxiliary facility" means a facility that does not use or list its address as a school location and:

(a) Absorbs a temporary overload that the principal facility cannot accommodate; or

(b) Provides a specialized training facility away from the principal school location; or

(d) Is a site approved by the Higher Education Coordinating Commission for teaching a short-term course that is taught by registered teachers from the principal facility.

(11) "Barbering" has the meaning given in ORS 690.005.

(12) "Bona fide organization or group" means any body or entity that is nationally chartered or recognized by a national or state educational/occupational policy board that has operated or functioned in good faith without fraud or deceit for at least 25 years.

(13) “Capacity to complete” means that a student has the cognitive or physical capacity to complete a program of study, with or without reasonable accommodations, and become employment eligible in the specific field of training for which they are enrolling. A school has an obligation to determine whether applicants have capacity to complete during the admissions process, and to assess this capacity when information is obtained or received by the school through any means which suggests the student may not have capacity to complete the program. Any information obtained shall be treated as confidential and kept in a secure manner. Capacity to complete must be assessed before enrollment is completed; however, if information is received by the school after instruction has commenced that cognitive or physical circumstances exist that may impede a student’s satisfactory progress through their program of study, capacity to complete must be assessed immediately after receipt of such information, and appropriate adjustments, accommodations, or tuition refunds made.

(14) "Class" means a scheduled meeting of persons for instructional purposes.

(15) "Clinic lab" or “clinic floor” means a place where students perform assigned instructional tasks identified in the approved curriculum on models or the general public.

(16) “Commission” means the Higher Education Coordinating Commission or the Commission’s designee.

(17) "Completion" means the student has satisfactorily finished all the requirements of the program in which he or she is enrolled, has fulfilled the terms of the enrollment agreement, and has been awarded an appropriate certificate, diploma, or completion document.

(18) "Course" means an aggregation of classes to achieve a completed set of competencies.

(19) “Courses, instruction or training offered for a limited number of hours” as described in ORS 345.015(5) means one or more courses, instruction, or training consisting of 16 or fewer clock hours. To determine the number of clock hours, the hours published in course schedules or actual clock hours provided may be used, whichever is longer.

(20) “Discount” means a specified amount of money to be deducted at the time of enrollment from the costs associated with an instructional program, according to a specified set of criteria. The criteria and details of any discounts offered by a school will be given to all persons eligible to receive the discount, and documented and maintained as part of a school’s approved advertising. A discount that is granted must be listed as a discount on the enrollment agreement, and is not revocable.

(21) "Discrimination" means any act that unreasonably differentiates treatment, intended or unintended, or any act that is fair in form but discriminatory in operation, either of which is based on age, disability, national origin, race, color, marital status, religion, sex or sexual orientation, or any other protected class.

(22) "Distance learning instruction" means education provided by written correspondence or any electronic medium for students enrolled in a private career school in pursuit of an identified occupational objective, but not attending classes at an approved school site or training establishment.

(23) "Enrollment" means a student has agreed to the purchase of a course or program of instruction offered by a school and has signed an enrollment agreement, however named, that commits both the student and the school to a legal and binding obligation. Instruction in a program or course may not begin without a signed enrollment agreement in place.

(24) "Enrollment fee" means the fee a school charges that covers those expenses incurred by a school in processing the student enrollment agreement and establishing a student records system. The enrollment fee is limited to a maximum amount of $250, and is identified as an enrollment fee on the student enrollment agreement.

(25) “Errata” in reference to a school’s catalog means a listing of errors appearing in a school’s published catalog and the corrections of those errors. Errors do not include revisions to policies or other information in the catalog. Errata may be published only via electronic means, at the discretion of the school, in which case a reference in the school catalog must be included that specifies the URL or website where errata may be found. Errors included on the errata list should be corrected in the next printing of the school’s catalog.

(26) "Esthetics" has the meaning given in ORS 690.005.

(27) “Evaluation fee” means any fee, however named, covering those expenses incurred by a school in evaluating a prospective student’s prior training, education, experience, or other indicators of beginning level of mastery in technical program competencies before enrolling in a program of instruction at the school, or for other uses of an assessment for competency evaluation (e.g., licensing reciprocity) approved by the executive director. The evaluation fee shall not exceed the reasonable costs incurred by the school in administering and scoring the assessment, preparing official documentation, providing appropriate feedback to the applicant, and designing a program of study based on the assessment results (if applicable).

(28) “Executive director” means the executive director of the Higher Education Coordinating Commission, or the executive director’s designee.

(29) "Fiscal reporting period" means the period of time for which the school provides financial information required by the Higher Education Coordinating Commission. The fiscal reporting period is identified by the school owner in the initial license application and must remain consistent unless a written request for a change is approved by the executive director. The fiscal reporting period may be the calendar year or another 12-month time period.

(30) "Fund" means the private career school Tuition Protection Fund (TPF).

(31) “Grant,” as used in reference to tuition assistance, means actual funds made available through any source to prospective or enrolled students through an application process whereby applicants must meet predetermined criteria and may or may not be required to maintain a certain status or performance criteria in order to retain the award. For in-house grants, funds in the amount of the full amount of the award for grants awarded on an annual basis will be deposited by the school in an account separate from the school’s operating funds at the time of the award, or at the beginning of each new year of an on-going award, and drawn out by the school as the tuition is earned. For third party grants, all monies received by the school on behalf of the student will be deposited into an account separate from the school’s operating funds and drawn out as the tuition is earned. In-house grants are revocable only in the amount that has not been earned by the student, according to the terms of the grant award, which are to be articulated to the recipient of the award and agreed upon by signature through an official award letter. The signed award letter will be kept in the student’s file, and a copy given to the student. Any grant awarded a student from any source will be documented on the enrollment agreement as a grant at the time of the award. If the award is made after the initial enrollment agreement has been signed, a rider to that agreement must be executed and attached.

(32) "Gross tuition income" means:

(a) For Oregon-based schools, all tuition and laboratory fees received from or on behalf of students enrolled, regardless of where those students reside.

(b) For out-of-state schools, all tuition and laboratory fees received from or on behalf of Oregon-resident students only.

(A) Tuition refund;

(B) Enrollment and application fees; or

(33) "Hair design" has the meaning given in ORS 690.005.

(34) "In default" is defined in ORS 345.115(5) as "when a course or program is discontinued or canceled or the school closes prior to completion of contracted services."

(35) “Incentive,” as used in reference to tuition assistance, means a monetary reward or inducement offered by a school for the purpose of encouraging or motivating a student to perform a specific action, such as completing or course or instructional program within a certain period of time. Any terms or conditions that apply to an incentive must be published by the school, and maintained as part of the school’s approved advertising. Students who are working towards an incentive award will have in their file a copy of the terms and conditions of the incentive along with a record of the date each condition is satisfied. Once all conditions have been satisfied the incentive is considered earned and cannot be cancelled or revoked. A rider to the enrollment agreement must be prepared at the time of award detailing the application of the incentive to the student’s outstanding financial obligation.

(36) "License" means a license to operate a private career school.

(37) "Nail technology" has the meaning given in ORS 690.005.

(38) “Notice for Corrective Action” means that a school has been officially notified by the executive director that it has deficiencies that must be corrected within a specified time.

(39) "On-site review" means a visit to the school by authorized staff from the Higher Education Coordinating Commission who may review the facilities, classrooms, and school records; talk with students, staff, and administrators; and determine whether the school is in compliance with Oregon law.

(40) "Operating” or “operation" means any form of marketing, advertising, instruction, recruitment, or any other activity regulated under ORS Chapter 345 and OAR chapter 715, division 45.

(41) "Placement" means the student has been employed in the occupation for which trained.

(42) “Post-secondary” for the purposes of recognizing private career schools in Oregon as institutions of post-secondary study means any school licensed under ORS Chapter 345 that:

(a) Admits as regular students, or maintains as a majority of its enrollment, those students who have earned a recognized high school diploma, the equivalent of a recognized high school diploma, or a GED certificate, or who are beyond the age of compulsory education in the State of Oregon, and

(b) Is authorized by the Higher Education Coordinating Commission to offer one or more educational programs beyond secondary education.

(43) "Program" means an aggregation of courses to meet an identified occupational objective.

(44) "Program advisory committee" means a representative group appointed by the school, which advises the school ownership and administration.

(45) "Program improvement plan" or “school improvement plan” means a written plan that describes how the school will resolve or comply with violations of state rule or regulation assessed, or correct any deficiencies identified by the executive director, and usually includes interim outcome measures to track progress towards the overall improvement goals.

(46) "Pro rata" means in accordance with a fixed proportion.

(47) "Published Class Schedule" (for the purpose of calculating tuition charges) means the period of time between the commencement of classes and the student's last date of attendance as offered by the school and scheduled by the student.

(48) "Recruiting" means personally soliciting or attracting a person or persons by a school or its agent(s) with the intention of actively pursuing enrollment in the school. Recruiting does not include leaving materials at or near an office or other site for a person to pick up of his or her own accord or handing a brochure or other materials to a person.

(49) "Registration" means the process by which directors, agents, or teachers either request registration by the executive director to teach at the school or notify the executive director of their appointment of an agent to represent the school.

(50) "Reporting period" means the period of time that corresponds with the school’s fiscal year on which the school bases all individual program student completion and placement reporting that must be submitted to the Higher Education Coordinating Commission. The school's fiscal year may be the calendar year or another 12-month time period.

(51) "Resident instruction" means education provided at an approved school site or training establishment for students enrolled in and attending classes at the school facility in pursuit of an identified occupational objective.

(52) "Revocation" as referenced in OAR 715-045-0012 means that the executive director, has notified an employee of a licensed private career school that because of violations of 715-045-0012(9)(a)–(c) the commission's approval of the employee's registration is permanently withdrawn. When notice of revocation is issued, the employee shall be notified and upon written request, shall be granted a contested case hearing under the Administrative Procedures Act, ORS Chapter 183.

(53) "Revoke" means the Higher Education Coordinating Commission terminates the school license. When the license is revoked, the school is not authorized to continue operating. Issuance of a notice for corrective action or suspension may, but is not required to, precede revocation.

(54) “Rider” means an attachment, schedule, amendment, or other writing that is added to the enrollment agreement that alters the terms, conditions, or financial obligation of the original instrument without altering the instrument in its entirety. The contents of a rider to the enrollment agreement are understood to be incorporated into the enrollment agreement.

(55) “Scholarship” means actual funds, from any source, made available to prospective or enrolled students through an application process whereby applicants must meet predetermined criteria and may or may not be required to maintain a certain status in order to retain the award. For in-house scholarships, funds in the amount of the full amount of the award for scholarships awarded on an annual basis will be deposited by the school in an account separate from the school’s operating funds at the time of the award, or at the beginning of each new year of an on-going award, and drawn out by the school as the tuition is earned. For third party scholarships, all monies received by the school on behalf of the student will be deposited into an account separate from the school’s operating funds and drawn out as the tuition is earned. In-house scholarships are revocable according to the terms of the scholarship award, which are to be articulated to the recipient of the award and agreed upon by signature through an official award letter. The signed award letter will be kept in the student’s file, and a copy given to the student. Any scholarship awarded a student from any source will be documented on the enrollment agreement as a scholarship at the time of the award. If the award is made after the initial enrollment agreement has been signed, a rider to that agreement must be executed and attached.

(56) "Self-directed instruction" means a course of instruction or an instructional program in which the instructional materials and curriculum are sufficient in design and scope to prepare a student for the program's occupational objectives without the provision of direct instruction. These objectives can be achieved without regular or scheduled interaction either by mail, telephone, or in person between the student and faculty employed by the school and do not require the school to measure attendance or lesson completion for satisfactory progress.

(57) "School" or “career school” or “private career school” has the meaning given in ORS 345.010(4).

(58) "Short term course" means a course no longer than 16 clock hours in duration.

(59) "State advisory committee" means a representative, statutory advisory committee appointed by the executive director, consisting of members who shall serve for terms of three years ending June 30.

(60) "Structured work experience” or “externship" means a worksite educational activity that correlates the value of classroom training and on-site job performance, is an integral part of the student's training plan, and is supervised/evaluated by appropriate school personnel.

(61) “Supplement” in reference to a school’s catalog means a document that is separate from the catalog and which contains new information not appearing in the catalog, or information that is related, but in addition, to information already appearing in the catalog. Information contained in a catalog supplement may or may not need to be incorporated into the catalog at the next regular revision and printing of the catalog.

(62) "Suspension" as referenced in OAR 715-045-0012 means that the executive director has notified an employee of a licensed private career school that because of violations of 715-045-0012(9)(a)–(c) the commission's approval of the employee's registration is temporarily withdrawn. When notice of suspension is issued, the employee shall be notified and upon written request, shall be granted a contested case hearing under the Administrative Procedures Act, ORS Chapter 183.

(63) "Suspend" means the executive director has notified a school that because of deficiencies, it may not advertise, recruit, enroll students, or begin instruction of new students, but may remain open to complete training of currently enrolled students. Issuance of a notice for corrective action may, but is not required to precede suspension.

(64) "Teachout" means a defaulting school or the Higher Education Coordinating Commission makes provisions for students enrolled at the time of the default to complete a comparable program at no additional cost beyond the original enrollment agreement with the defaulting school. Teachout arrangements, if made by the defaulting school, shall be approved in advance by the commission’s executive director and, if ongoing, approved annually by the executive director.

(65) "Transcript" means a written record that shall include, but is not limited to, name and address of student, first and last date of attendance, all programs or courses undertaken, grades achieved, whether the courses or programs were successfully completed, and signature of a school official.

(66) "Tuition" means money or other compensation paid or credited to a school by a student or on behalf of a student that is applied to the costs of instruction and training actually received or to be received by the student.

(67) “Tuition aid” or “Tuition assistance” means any award of monetary value, including, but not limited, to scholarships, grants, discounts, or incentives offered by a career school or by a third party, that is received by a student who will enroll in, or is enrolled in, a specific program of instruction, and is:

(a) Provided directly to the student for the purposes of covering, in full or in part, the costs of tuition or other allowed educational expenses incurred by the student, or

(b) Paid or credited to a career school on behalf of the student by the school or a third party for the purpose of covering, in full or in part, the costs of tuition or other allowed educational expenses incurred by the student.

(68) "Withdrawal fee" means any fee, however named, covering those expenses incurred by a school in processing student paperwork relating to program changes (i.e., course additions/drops or transfers) or withdrawal from school and so identified on the student enrollment agreement.

History

Statutory/Other Authority: ORS 345.020
Statutes/Other Implemented: ORS 345.030, ORS 345.325 & 2017 Oregon Laws Chapter 422
HECC 2-2026, amend filed 02/13/2026, effective 02/13/2026
HECC 4-2019, amend filed 02/24/2019, effective 02/24/2019
HECC 5-2016, f. 12-16-16, cert. ef. 1-1-17
HECC 3-2016, f. & cert. ef. 3-9-16
Renumbered from 581-045-0001 by HECC 2-2014, f. & cert. ef. 4-23-14
ODE 27-2012, f. 9-13-12, cert. ef. 9-17-12
ODE 3-2010, f. & cert. ef. 2-8-10
ODE 13-2008, f. & cert. ef. 5-23-08
ODE 15-2006, f. 12-11-06, cert. ef. 1-1-07
ODE 17-2003, f. 12-30-03, cert. ef. 1-1-04
ODE 21-2002, f. 9-26-02 cert. ef. 10-1-02
ODE 32-2000, f. 12-11-00 cert. ef. 1-1-01
EB 13-1996, f. & cert. ef. 7-26-96
EB 11-1990, f. & cert. ef. 2-1-90
1EB 31-1986, f. & ef. 7-23-86

Or. Admin. R. 715-045-0003 Fingerprinting of Subject Individuals in Schools Accepting Enrollment of Minors

(1) Faculty, agents of a career school, individuals who hold positions of authority and control in any career school accepting enrollment of persons under the age of 18, and any agents of career schools who will have contact with persons under the age of 18 on behalf of the career school shall be subject to a state and national criminal records check.

(2) A person shall pass a criminal background check as provided in this rule prior to having access to minors.

(3) Prior to employment, and at least every three years, schools shall send fingerprint information for each subject individual to the Higher Education Coordinating Commission or designee for purposes of a criminal records check.

(4) Notwithstanding (3) a school is not required to submit fingerprints for subject individuals if the Higher Education Coordinating Commission or designee has conducted a criminal records check of the subject individual within the preceding three years.

(5) Fingerprints shall be collected at either local or state law enforcement agency or through a statewide vendor identified by the Oregon Department of Administrative Services.

(6) Criminal records check requests may be submitted electronically.

(7) The Commission shall request criminal information from the Department of State Police in the manner prescribed by law. A fee per criminal records check request in an amount equal to the actual charges of conducting the criminal background check as allowed under ORS 181.534. The fee amount and distribution shall be as follows:

(a) Oregon State Police (OSP) — $33.00;

(b) Federal Bureau of Investigation (FBI) — $13.25;

(d) TOTAL — $140.00.

(8) Upon receipt of criminal records information, the Higher Education Coordinating Commission or designee shall review the criminal records of a subject individual. The Commission or designee:

(a) Shall issue a statement of criminal history status and related impact on employment or contract qualification; and

(b) May not provide copies of criminal records to anyone except as provided by law. The subject individual may inspect his or her personal criminal records under the supervision of properly certified LEDS (Law Enforcement Data Systems) personnel at the Higher Education Coordinating Commission or any other agency designated as responsible for this task by the Higher Education Coordinating Commission. Challenges to the accuracy or completeness of information provided by the Federal Bureau of Investigation and agencies reporting information to the Federal Bureau of Investigation must be made through the Federal Bureau of Investigation, as provided in ORS 181A.195(8).

(9) Subject individuals who refuse to consent to the criminal records check or refuse to be fingerprinted shall not be allowed to have contact with persons under 18 years of age on behalf of the career school.

(10) Subject individuals who have been convicted of any of the crimes listed in ORS 342.143, or the substantial equivalent of any of those crimes if the conviction occurred in another jurisdiction or in Oregon under a different statutory name or number, shall not be employed as faculty, directors, supervisors, administrators, or agents and shall not be allowed to have contact with persons under 18 years of age on behalf of the career school.

(11) Subject individuals who have been convicted of any of the crimes listed in ORS 161.405 for an attempt to commit any of the crimes listed in ORS 324.143 shall not be employed as faculty, directors, supervisors, administrators, or agents of the career school and shall not be allowed to have contact with persons under 18 years of age on behalf of the career school.

(12) Evaluations of crimes shall be based on Oregon laws in effect at the time of conviction, regardless of the jurisdiction in which the conviction occurred.

(13) Prior to making a determination that results in a notice and opportunity for hearing, the Higher Education Coordinating Commission or designee may conduct an investigation. Subject individuals and applicant schools shall cooperate with the investigation and may be required to furnish oral or written statements by affidavit or under oath. If the Higher Education Coordinating Commission or designee determines through investigation that a violation of this rule has not occurred, a written decision explaining the basis for the decision will be provided to the subject individual.

(14) Subject individuals may appeal a criminal background determination that prevents them from being a faculty member of the career school and contact with persons under 18 as a contested case under ORS 183.413 to 183.470 to the Higher Education Coordinating Commission or designee.

(15) The Higher Education Coordinating Commission or designee shall destroy properly submitted fingerprint cards after use. Records of the criminal records check shall include the following:

(a) Fingerprint sequence number or vendor tracking number;

(b) Career school submitting the request for fingerprints;

(d) Date fingerprints are completed; and

(e) Date denial or final approval sent to school.

History

Statutory/Other Authority: ORS 345.020
Statutes/Other Implemented: ORS 345.030
HECC 10-2023, amend filed 12/15/2023, effective 12/15/2023
Renumbered from 581-045-0003 by HECC 2-2014, f. & cert. ef. 4-23-14
ODE 3-2013, f. & cert. ef. 1-15-13
ODE 31-2012(Temp), f. 11-7-12, cert. ef. 11-9-12 thru 5-7-13
ODE 3-2010, f. & cert. ef. 2-8-10

Or. Admin. R. 715-045-0006 Application for Private Career School License

(1) Any person, partnership, association, corporation, or Limited Liability Company desiring to function as a private career school as defined in ORS 345.010 shall submit an application for its first approval year on forms provided by the Higher Education Coordinating Commission. No person, partnership, association, corporation, or Limited Liability Company shall hold itself out to be a school, solicit students, or collect fees prior to the date of the license. A school requesting exemption from licensure must request such exemption from the Commission under the provisions of 345.015.

(2) An initial site inspection may be required prior to approval of the application. Any deficiencies must be corrected prior to issuance of a license.

(3) A license may be denied by the executive director, 60-days after the school has been notified of the application deficiencies, for failure to submit accurate and complete materials required by the application, or for other substantiated just cause.

(4) A separate license shall be required for each location of a school except those approved by the executive director as auxiliary sites. A license for the specific location must be issued prior to operating at that location.

(5) An initial license shall be granted after:

(a) Receipt of a complete application by the commission;

(b) Completion of an interview with and approval by the executive director; and

(c) Correction of all deficiencies in the application, as communicated by the executive director to the applicant school in writing or by verbal means during phone or in-person interviews. Alternatively, if circumstances warrant, the executive director may choose to issue a conditional license, pursuant to the provisions of ORS 345.030(8). The conditional license issued by the commission shall include the period and dates of effectiveness of the license.

(6) Except as provided in paragraph (b) of this subsection, each license shall be issued to the owner of an applicant school and shall be nontransferable.

(a) In the event of a change of ownership of a school due to sale or transfer of a majority interest in the school, and when continuous operation is desired, the buyer or majority interest holder must apply for and obtain approval of a new license prior to the completion of the sale. The buyer or majority interest holder must provide notice to the commission of the transfer of ownership at least 30 days prior to the transfer of notice.

(b) The commission may transfer a license or allow ownership of a school to transfer with less than 30 days’ notice if:

(A) The owner of the school dies, is incapacitated or is incarcerated; or

(B) The executive director determines that a successful and timely completion of the sale is critical to protect the financial viability of the school, or to mitigate disruption of the instruction of currently enrolled students, or for other reasons deemed appropriate by the executive director.

(c) In the event of a transfer of ownership, the executive director may choose to issue a conditional license, pursuant to the provisions of ORS 345.030(8). The conditional license issued by the commission shall include the period and dates of effectiveness of the license.

(7) Prior to the completion of the sale, unless the owner dies or is incapacitated, the current owner of the school (seller) must submit to the commission a statement signed by both the seller and the buyer indicating who:

(a) Will acquire the school's assets, which are directly related to the school's educational activities;

(b) Will assume liability on the date the school is sold for the outstanding debts incurred as a direct result of the school's educational activities under previous ownership;

(d) Has agreed to honor all student contracts that were signed or approved by the school's authorities before the effective date of the change of ownership; and

(e) Has responsibility to transfer all educational transcripts of former and current students to the possession of the new school owner.

(8) Failure of the seller to notify the commission prior to completion of the sale may result in the imposition of civil penalties established in OAR 715-045-0190.

(9) Before an individually-owned (commonly referred to as a sole proprietorship), Limited Liability Company, or partnership-owned school elects to incorporate or when there are changes in existing ownership that affect financial control of the school, the Commission shall be notified in writing, and a new license shall be required. Such notice shall occur prior to the ownership change. Control is affected when a new party or entity assumes ownership of more than 50 percent of the school's net worth. Instances in which control is affected and a new license is required include but are not limited to the following examples:

(a) Owner(s) sells more than 50 percent to another party;

(b) Partner(s) owning less than 50 percent buy out the other partner(s) interest; or

(10) Request for confidentiality regarding the purchase/sale of a school will be honored by the commission in accordance with the public records law.

(11) The initial application for licensure shall include:

(a) The name and address of the school, the names and addresses of its owners, governing body, officials, and faculty with attendant qualification forms;

(b) Course syllabi as required by OAR 715-045-0009(1);

(d) Application for admissions form if used by the school;

(e) Enrollment agreement (contract) information and procedures, including a copy of the contract or enrollment agreement for only those courses offered by the schools that are licensed by the commission;

(f) A copy of school policies and procedures relating to:

(A) Admissions standards,

(B) Ability to benefit examination. If an ability to benefit examination is used, it must be:

(i) Approved by the commission’s executive director; and

(ii) Proctored in a manner approved by the executive director.

(D) Credit for previous training;

(E) Attendance;

(i) Policy on attendance; and

(ii) A statement of how the school will monitor and report enrollment and attendance information as required by federal and/or state statutes.

(F) Grading policies;

(G) Make-up work;

(H) Tardiness;

(I) Satisfactory progress standard;

(J) Methods and frequency of reporting progress;

(K) Student conduct;

(L) Suspensions, terminations, re-entry;

(M) Leaves of absence;

(N) Students filing a grievance or complaint about the school or program;

(O) Safe, healthy environment; and

(P) Discriminatory behaviors.

(g) A statement explaining how the policies and the procedures in subsection (11)(f) of this rule are disseminated to all students and how they are monitored by the school;

(h) Information relating to tuition charges and all other fees or costs;

(i) Policy of the school relating to cancellations and refunds of unused tuition, fees, and other charges. The policy must be consistent with the schedules established by OAR 581-045-0036, 581-045-0037, and 581-045-0038;

(j) A copy of the buy/sell agreement if the submission of the initial application is a result of the purchase of a currently licensed private career school. The buy/sell agreement shall be kept confidential within the limits permitted by the Oregon Public Records law;

(k) A written plan designed to protect the contractual rights of students in the event the school closes or undergoes a change of status as described in OAR 715-045-0067;

(l) Labor market information showing current employment, replacement, and expansion data for regional, state, and national labor markets for the occupational area being served;

(m) A description of placement information provided to students;

(n) The school calendar;

(o) The signature of authorized officials of the school including each owner, partner, or member of the board. If the institution is incorporated, each owner of ten percent or more of stock must sign. If the institution is incorporated and the stock is publicly traded through a stock exchange, the president or chief executive officer of the corporation must sign. If the applicant is a nonprofit corporation, each member of the governing body must sign;

(p) Full disclosure by owners, directors, and teachers of any conviction or crime referenced under OAR 715-045-0012(12), accompanied by the required form and fingerprint card to conduct a criminal background check as specified, and if applicable, under 715-045-0003; and

(q) If information required by paragraphs (a) through (n) of this subsection is provided in the school catalog, references to catalog and page number will be acceptable.

(12) The application shall be accompanied by:

(a) The nonrefundable license fee required by ORS 345.080 (see OAR 715-045-0007);

(b) The initial capitalization payment for the student tuition protection plan required by ORS 345.110;

(c) A complete résumé of education and work experience for the school owner(s), corporate officer(s), directors, and teachers, including social security number, date of birth, home address, and telephone numbers;

(d) A draft of the proposed school catalog or brochure required by OAR 715-045-0019;

(e) A copy of proposed advertising and promotional information to be used by the school;

(f) Copies of program materials prescribed by OAR 715-045-0009(b), or relating to schools also regulated by another state agency as described in OAR 715-045-0014;

(g) All inspection documents required by OAR 715-045-0022(2);

(h) Copies of incorporation certificates, if applicable;

(i) A financial statement, which provides information required by OAR 715-045-0032. The financial statement shall be kept confidential within the limits permitted by the public records law;

(j) An enrollment agreement that is legally binding on both the school and the student, which shall include, but is not limited to:

(A) A description of the instructional program in which the student is enrolled;

(B) Beginning and ending dates;

(D) Registration fee;

(E) Tuition cost (excluding the registration and other identified program fees or costs);

(F) All other program costs listed separately;

(G) Total program cost (registration, tuition cost, and all other identified program fees or costs);

(H) Installment payment plan, if available;

(I) The state-specified refund schedule or one approved by the Commission as being more favorable to the students;

(J) A clear and conspicuous disclosure of the student's cancellation rights; and

(K) A statement informing students who have questions regarding the enrollment agreement that they may contact the Higher Education Coordinating Commission (use current address) Salem, Oregon.

(k) Schools implementing program changes cannot require students who are currently enrolled to complete the requirements of the revised program. Enrolled students are to be taught out under the program identified in their most current signed enrollment agreement and identified in the catalog in effect at the time of their enrollment. Exceptions may be allowed when and if the school and student mutually agree to the program change(s) and a new or amended enrollment agreement is negotiated, accepted, and signed by the student and school. Examples of program changes as used in this rule include, but are not limited to, increase or decrease of hours required, changes in the schedule of hours of instruction, adding or dropping required courses, increasing program costs or fees, changes in the payment plan.

(l) The school must maintain documentation signed by each student to substantiate that the student has received and read all information contained in paragraph (j) of this subsection. The school must also indicate any special rules or publications that the student signature acknowledges. Additional information not listed in the enrollment agreement may be published in the current school catalog or catalog addendum.

(13) Out-of-state schools:

(a) Any private career school whose principal place of business is outside of Oregon shall obtain an Oregon private career school license whenever it maintains a physical presence in Oregon or when the Oregon occupational licensure board requires the school to be licensed;

(b) The executive director may consider the following factors to determine whether a school has established a physical presence in Oregon:

(A) Maintains an office in the state;

(B) Conducts any part of the instructional program from or in the state,

(D) Canvasses for prospective students within the state;

(E) Operates career or information booths at fairs or other such public gatherings within the state;

(F) Presents school information at high school career days within the state; or

(G) Advertises in local media that originate in Oregon.

(A) Out-of-state application form;

(B) Copy of the most recent licensure application for the state in which the school is located;

(D) If accredited, copy of the report for the most recent school accreditation review;

(E) List of approved programs; and

(F) Copy of the school's most recent catalog to include the items listed below. If any of the following items do not appear in the body of the catalog but appear in other specific documents they must also be submitted.

(i) Name and address of the school;

(ii) Date of publication or other reference identifier such as years(s), volume, or edition or version numbers;

(iii) The educational or vocational objective of each course or program including the name and the level of occupations for which the course or programs purport to train;

(iv) The number of clock or credit hours of instruction in each course and the length of time in weeks or months normally required for completion;

(v) A complete listing and description of courses or programs offered specifying subjects included in each course or program that clearly identifies coverage of the training;

(vi) A description of the school's physical facilities, equipment available for student use, and the maximum or usual class size;

(vii) Policies relating to tardiness, absences, make-up work, conduct, termination, reentry, and other rules and regulations of the school, including the student appeals process;

(viii) The grading system, including definition of ratings and credit units, if any;

(ix) Refund policy;

(x) The requirements for graduation;

(xi) Statement describing certificates, diplomas, or degrees awarded upon graduation;

(xii) Information regarding any limitations on transfer of credits, and

(G) Teachers' education and experience requirements for employment at the school, including teacher registration forms and supporting documentation for any teachers providing training for any portion of the licensed programs within the State of Oregon. Information about individual teachers does not need to be submitted if:

(i) The teachers are licensed or approved in the state in which the school is located; and

(ii) Those teachers will not be providing training for any portion of the licensed programs of instruction within the State of Oregon.

(H) If the applicant school accepts enrollment of minors, and proposes to employ agents who will interact with persons under the age of 18 within the State of Oregon, employ persons in positions of authority or control who will carry out their function within the State of Oregon, or employ faculty or teachers who will provide training within the State or Oregon for any portion of the licensed programs of instruction, those agents and teachers will be subject to the provisions of OAR 715-045-0003, regardless of the individuals’ states of residence.

History

Statutory/Other Authority: ORS 345.030
Statutes/Other Implemented: ORS 345.030
HECC 2-2026, amend filed 02/13/2026, effective 02/13/2026
Renumbered from 581-045-0006 by HECC 2-2014, f. & cert. ef. 4-23-14
ODE 3-2010, f. & cert. ef. 2-8-10
ODE 15-2006, f. 12-11-06, cert. ef. 1-1-07
ODE 21-2002, f. 9-26-02 cert. ef. 10-1-02
ODE 32-2000, f. 12-11-00 cert. ef. 1-1-01
EB 13-1996, f. & cert. ef. 7-26-96
EB 32-1991, f. & cert. ef. 12-18-91
EB 11-1990, f. & cert. ef. 2-1-90
1EB 30-1986, f. & ef. 7-23-86
1EB 23-1978, f. 6-30-78, ef. 7-1-78
1EB 257, f. 1-3-77, ef. 7-1-77

Or. Admin. R. 715-045-0007 License Fees

(1) License Renewal Fee. Before renewing a career school license issued under ORS 345.010 to 345.450, the Commission shall collect a non-refundable annual license fee based on the fee schedule below.

(a) In-State Schools: Gross Tuition Income Range — Fee:

(A) $0–15,000 — $1,389 through June 30, 2029, and $1,420 effective July 1, 2029;

(B) 15,001–50,000 — $1,852 through June 30, 2029, and $1,893 effective July 1, 2029;

(D) 125,001–250,000 — $3,300 through June 30, 2029, and $3,373 effective July 1, 2029;

(E) 250,001–500,000 — $4,283 through June 30, 2029, and $4,376 effective July 1, 2029;

(F) 500,001–750,000 — $5,280 through June 30, 2029, and $5,383 effective July 1, 2029;

(G) 750,001–1,000,000 — $6,251 through June 30, 2029, and $6,388 effective July 1, 2029;

(H) Over 1,000,000 — Through June 30, 2029, the base rate of (G) above ($6,251) plus $492 for every additional $250,000 over $1,000,000; and effective July 1, 2029, the base rate of (G) above ($6,388) plus $503 for every additional $250,000 over $1,000,000

(b) Out-of-state Schools: Gross Tuition Income Range — Fee:

(A) $0–50,000 — $4,283 through June 30, 2029, and $4,376 effective July 1, 2029;

(B) 50,001–250,000 — $5,268 through June 30, 2029, and $5,383 effective July 1, 2029;

(D) 500,001–750,000 — $7,236 through June 30, 2029, and $7,395 effective July 1, 2029;

(E) 750,001–1,000,000 — $8,220 through June 30, 2029, and $8,400 effective July 1, 2029;

(F) Over 1,000,000 — Through June 30, 2029, the base rate of (E) above ($8,220) plus $492 for every additional $250,000 over $1,000,000, and effective July 1, 2029, the base rate of (E) above ($8,400) plus $503 for every additional $250,000 over $1,000,000.

(2) New License Application Fee. Applications for a new license must be accompanied by a non-refundable application fee. If an applicant for a career school license received its application from the Commission prior to the effective date of this rule, the applicant shall pay the license fee listed on the application.

(a) The License Application fee is $5,700 for In-State applicants;

(b) The License Application fee is $8,000 for Out-of-State applicants.

(3) Teacher Registration Fee. The Commission shall collect a nonrefundable $90 fee for each new 3-year teacher registration or 3-year renewal of a teacher registration. The Commission may invoice and collect this fee in annual installments of $30 at its discretion. The Commission may pro-rate a portion of the teacher registration fee and adjust the teacher’s registration renewal date accordingly so that the teacher’s next registration renewal coincides with a school’s annual license renewal.

(4) Student Transcript Request Fee. The Commission may collect $20 for providing up to three copies of a student transcript maintained by the Commission on behalf of a school that is or was previously licensed.

(5) License Renewal Late Fee. The Commission shall collect a late fee of up to $500 for renewal applications submitted after a due date established by the Commission under OAR 715-045-0062.

(6) Tuition Protection Fund Payment Late Fee. The Commission shall collect a late fee of up to $500 for payments to the Tuition Protection Fund that are submitted after a due date established by the Commission under OAR 715-045-0006 and OAR 715-045-0029.

History

Statutory/Other Authority: ORS 345.080
Statutes/Other Implemented: ORS 345.080
HECC 3-2026, amend filed 08/14/2026, effective 08/14/2026
HECC 4-2020, amend filed 09/23/2020, effective 09/23/2020
HECC 2-2020, temporary amend filed 04/10/2020, effective 04/10/2020 through 10/06/2020
HECC 1-2019, amend filed 01/06/2019, effective 01/06/2019
HECC 5-2016, f. 12-16-16, cert. ef. 1-1-17
HECC 2-2016, f. & cert. ef. 3-9-16
HECC 13-2015(Temp), f. & cert. ef. 9-23-15 thru 3-20-16
HECC 12-2015, f. & cert. ef. 9-21-15
HECC 7-2015(Temp), f. & cert. ef. 6-25-15 thru 12-21-15
HECC 9-2014, f. & cert. ef. 12-18-14
Renumbered from 581-045-0007 by HECC 2-2014, f. & cert. ef. 4-23-14
Renumbered from 581-045-0002, ODE 32-2000, f. 12-11-00 cert. ef. 1-1-01
EB 13-1996, f. & cert. ef. 7-26-96

Or. Admin. R. 715-045-0008 Advanced Deposits

Prior to the beginning of classes, no private career school shall require from an enrollee an advance deposit in excess of twenty (20) percent of the total tuition and fees:

(1) Schools that offer short term programs designed to be completed in one (1) term or four (4) months, whichever is less, can require payment of all tuition and fees on the first day instruction begins;

(2) For those programs designed to be four (4) months or longer, a school cannot require more than one (1) term or four (4) months of advanced payment of tuition at a time. When fifty (50) percent of the program has been offered, the school can require payment of all tuition;

(3) This limitation shall not apply to federal and state financial aid payments received by the school;

(4) At the student's option, a school may accept payment in full for tuition and fees after the student has been accepted and enrolled and the date for commencement of classes is specifically disclosed on the enrollment agreement; and

(5) The Executive Director of the Higher Education Coordinating Commission may grant a waiver to this limitation if sufficient evidence is submitted indicating that a larger advance deposit would be more appropriate and not compromise the intent of ORS 345.115(4).

History

Statutory/Other Authority: ORS 345.010
Statutes/Other Implemented: ORS 345.115
Renumbered from 581-045-0008 by HECC 2-2014, f. & cert. ef. 4-23-14
ODE 21-2002, f. 9-26-02 cert. ef. 10-1-02

Or. Admin. R. 715-045-0009 Instructional Programs

(1) All schools shall:

(a) Offer programs of quality, content and duration, that are based on specific industry standards or an occupational task analysis, and with appropriate entrance criteria, instructional materials, staff, equipment and facilities to prepare students for the programs' occupational objectives; and

(b) Operate programs evaluated by appropriate program advisory committees as defined in OAR 715-045-0013, unless a program is exempt from the advisory committee requirement under 715-045-0014. Materials for exempt programs will be reviewed by the executive director to determine the adequacy and appropriateness of the instructional methodology. The school shall prepare instructional design documentation for review, evaluation and analysis that includes:

(A) A program outcome summary for each program offered that clearly states the program title, duration, educational or professional technical objective(s) of the program, and the job(s) title and level for which the training prepares the student. In addition the program outcome summary must include the following information:

(i) A description of the target population for enrollment;

(ii) The entrance requirements and prerequisite knowledge or skills needed to enroll;

(iii) Any state license exams or other certifications the student will be prepared to take upon successful completion of the program;

(B) A list of the industry standards or the occupational task analysis used to formulate the instructional design;

(D) A list of core abilities incorporated throughout the program;

(E) Learning plans, which shall include:

(i) Core abilities and competencies taught in the lesson;

(ii) Learning objectives for each competency;

(iii) Learning activities that achieve the learning objectives;

(iv) Sequence of learning activities;

(v) Performance assessment statement(s);

(F) The performance assessment(s) plan(s) for each competency, which shall include directions for the student and the evaluator, the performance conditions and criteria, and checklists, rubrics, or scoring guides used;

(G) A program map. For programs comprised of multiple courses, the program map shall indicate the number of clock hours allowed for each course and the topics within each course. For programs not comprised of specific courses, the program map shall indicate each unit or major topic within the program, the number of clock hours for each unit or major topic and the specific subjects within each unit or major topic.

(i) If the school is approved to use a credit hour measurement, an explanation of how credit hours convert to clock hours must also be submitted;

(ii) If the instructional program is self-directed or measured in lessons, the total number of clock hours for the program and how that number is derived, the total number of lessons, and the maximum time allowed for completion of the program must be submitted.

(H) A teaching syllabus for each course in each program. If a program does not contain specific courses or the program is of short duration, then the teaching syllabus shall be for the program in its entirety. The content of the syllabus shall contain the elements in the sample provided by the commission;

(I) The grading system, standards of satisfactory progress, attendance and performance required of students in the program, as referenced in OAR 715-045-0019;

(A) A description of the instructional area or facility with space allocations and dimensions, equipment placement, and teaching stations for each program appropriately indicated;

(B) A description of the admission requirements and process for evaluating those requirements, including the criteria or tests used in the selection and placement of enrollees for the program;

(C) Labor market information, updated every two years with data no more than three years old, as described in OAR 715-045-0006(11); and

(D) A written placement assistance plan for assisting graduates in efforts to obtain employment in the field for which training was offered, or a related field, as described in OAR 715-045-0019.

(2) The program advisory committee shall submit to the school its analysis of the quality, content, duration and curriculum sequencing of the program of study, instructional materials, equipment and facilities provided to prepare the student in skills currently necessary for entry level employment in the occupation for which the program was designed:

(a) Program material prepared for the program advisory committee, as prescribed in subsection (1) (b) and (c) of this rule, will be filed with the executive director;

(b) The executive director may review:

(A) The school's program development procedures;

(B) The program advisory committee's involvement in program development; and

(c) The executive director may accept or reject the findings of the program advisory committee’s analysis of the adequacy of the program.

(3) The executive director will review the program outcome summary, program map, core abilities, standards, competencies and syllabus for each program to determine the adequacy of the instructional design. The executive director’s written approval of these elements is required prior to the commencement of any marketing, recruitment, enrollment or instructional activities.

(4) The executive director may request and review other instructional design materials outlined in subsections (1) and (2) of this rule, before granting approval, including learning plans, performance assessment plans, and learning activities.

(5) Licensed schools wishing to add a new program must:

(a) Prepare the instructional design elements described in subsections (1) and (2) of this rule for each new program requested and make them available to the commission upon request; and

(b) Prepare and submit for approval the elements described in subsection (3) of this rule for each new program requested.

(6) The commission will develop instructional design guidelines and timeframes to assist schools licensed prior to the implementation of this rule in bringing all approved programs into compliance.

History

Statutory/Other Authority: ORS 345.080
Statutes/Other Implemented: ORS 345.080
HECC 10-2014, f. & cert. ef. 12-18-14
Renumbered from 581-045-0009 by HECC 2-2014, f. & cert. ef. 4-23-14
ODE 19-2010, f. 12-17-10, cert. ef. 1-1-11
ODE 32-2000, f. 12-11-00 cert. ef. 1-1-01

Or. Admin. R. 715-045-0012 Personnel

(1) A career school shall establish, publish, and enforce specific written policies that set standards for the staff's:

(a) Professional performance and conduct;

(b) Evaluation; and

(2) Career schools shall employ as teachers only those individuals who are registered with the Commission and who meet the applicable requirements of this rule. All applications for teacher registration shall:

(a) Be recorded on forms provided by the Commission;

(b) Indicate the specific subjects the prospective teacher will teach;

(d) Be accompanied by relevant official transcripts, letters, and documents that confirm that the teacher meets the minimum requirements listed in subsections (3) and (4) of this rule.

(3) Individuals applying for registration as career school teachers must:

(a) Be at least 18 years of age

(b) Hold all Oregon licenses, permits, certificates, or other credentials, as well as successfully pass any examinations, legally required for employment in the field in which they teach. In limited circumstances, the Executive Director may grant a waiver from this requirement upon receipt of a written request from the school showing that a credential issued by another state would be accepted as an equivalent by the state in which the school is located.

(c) Have graduated from high school as evidenced by a photocopy of the applicant’s high school diploma, a high school transcript indicating graduation, or a foreign equivalent. As an alternative, the applicant may show evidence of a General Education Development (GED) certificate or a transcript indicating graduation, from a postsecondary program which would typically require completion of high school, or an equivalent course of study, as a condition of admission. The Executive Director may grant a waiver to this requirement upon written request from the school.

(d) Have met the following experience requirements.

(A) Have at least two years of work experience or two years of education, or any combination of both, in the subject that they instruct. One year of experience is defined as 1,875 hours of work, education or training per year (37.5 hours per week times 50 weeks). Part-time experience will be allowed if the total hours equal the equivalent of two years of full-time experience (3750 hours).

(B) For new teachers the work experience must have been within the last five years. The Executive Director may grant a waiver upon written request from the school.

(C) If a credential or qualifying examination is required for employment in the field by the state in which the school is located, the two years of experience must include at least one year of work experience as a certified practitioner in the subject in which they instruct, following certification or licensure. The Executive Director may grant a waiver upon written request from the school.

(D) In limited circumstances, the Executive Director may grant a waiver from the requirements written above upon receipt of a written request from the school.

(e) Pay the applicable registration fee.

(f) Notwithstanding the work experience, education and training requirement specified in paragraph (d) of this subsection, the Commission may outline specific, industry/field requirements, in collaboration with state licensing agencies for non-cosmetology fields of practice.

(g) Notwithstanding the work experience, education and training requirement specified in paragraph (d) of this subsection, an applicant applying for registration to teach hair design, barbering, esthetics, nail technology, or some other cosmetology field or area of practice at a career school offering cosmetology programs may qualify to teach by completing a Commission-approved:

(A) 1,000 hour cosmetology teacher training program offered by a licensed career school, if the applicant possesses a valid credential from the Health Licensing Office; or

(B) 200 hour cosmetology teacher training program, if the applicant taught hair design, barbering, esthetics, nail technology, or some other cosmetology field or area of practice in another state whose licensing requirements are less than those established by the State of Oregon, or if the applicant’s Commission-issued teacher registration expired three or more years ago.

(4) Career schools offering programs in hair design, barbering, esthetics, nail technology, or some other cosmetology field or area of practice may use individuals who are not registered teachers for the purpose of providing specialized training that enhances the students program of instruction. Such specialty trainers, also known as resource persons, may not provide more than a total of:

(a) 340 hours of instruction in a hair design program;

(b) 270 hours of instruction in a barbering program;

(d) 100 hours of instruction in a nail technology program.

(5)(a) In emergency situations, not to exceed three months, schools may hire substitute teachers who are the best-qualified persons available. Under no circumstances shall students be allowed to substitute as approved teachers.

(b) Within 14 days of hiring a substitute teacher, a career school must provide written notice to the Commission. The notice must include, at a minimum, the substitute teacher’s name, telephone number, mailing address, and e-mail address, the start date and estimated end date for the substitute teaching, as well as a list of the programs and courses the substitute teacher will teach and, if applicable, copies of the substitute teacher’s credentials.

(6) If a school utilizes any form of teacher assistants, aides, or trainees, it shall establish and maintain policies that set forth qualifications, duties, procedures for use of these personnel, and maintain a copy of these policies for review by the Commission. Teacher assistants, aides, or trainees:

(a) May not be used as substitutes or replacements for regular teachers;

(b) Must work under the direct supervision of a registered teacher; and

(7) Continuing Education for career school teachers. "Continuing education" for career school teachers means the enrollment in and completion of ongoing instruction outside the normal teaching schedule, which upgrades a teacher's skills and knowledge with the intent of making the teacher more proficient and current in subject matter taught, instructional methodology, or other skills and knowledge relevant to the teaching of adult learners.

(a) The school shall have and implement written policies to promote improvement of teacher competency in their fields and in levels of performance in their teaching assignments.

(b) If a credential or qualifying examination is required for employment in a field by the state in which the school is located, then a registered teacher preparing students to enter that field must comply with any applicable continuing education requirements.

(c) Notwithstanding paragraph (b) of this subsection, registered teachers who teach hair design, barbering, esthetics, nail technology, or some other cosmetology field or area of practice at a career school offering cosmetology programs must complete a minimum of 30 hours of continuing education three years after the date their registration was issued or reissued.

(8) Teacher registrations shall expire three years after the date the registration was issued. To renew a teacher registration, a registered teacher must submit a completed teacher registration form to the Commission accompanied by:

(a) The applicable registration fee.

(b) Acknowledgement that the teacher has satisfied any applicable continuing education requirements;

(c) If applicable, evidence that the teacher possesses a valid credential required by the state in which the school is located for employment in the field the teacher is preparing students to enter; and

(d) A listing of the career schools where the registered teacher has taught during the previous three years, as well as the programs and courses taught by the teacher.

(9) School directors must have at least two years of experience in school or business administration, teaching, or other experience directly related to their duties within the school's organization. The experience must have been obtained within the last five years. Part-time experience will be allowed if the total hours equal the equivalent of two years of full-time experience. Full-time work experience is a minimum of 1,875 hours per year (37.5 hours per week times 50 weeks). Qualified persons who do not meet the criteria in section (11) of this rule may be appointed as directors with prior approval by the Executive Director and with a letter as required in subsection (12)(c) of this rule.

(10) Owners and directors, administrators, agents, supervisors, and instructors (hereinafter collectively "employees") subject to registration, licensure, or approval pursuant to ORS 345.010 to 345.450 are subject to suspension, revocation, or other discipline if the employee:

(a) Is charged with knowingly making any false statements in the application for a license, registration, or approval;

(b) Is charged with gross neglect of duty; or

(11) Gross neglect of duty is any serious and material inattention to or breach of professional responsibilities. The following acts constitute gross neglect of duty:

(a) Knowing falsification of any document or knowing misrepresentation directly related to licensure, employment, or professional duties;

(b) Substantial deviation from professional standards of competency;

(d) Engaging in acts in violation of laws or rules applicable to the profession;

(e) Failure or refusal to respond to questions, to provide information, or to furnish documents to a Commission representative pursuant to review, assessment, or investigation; or

(f) Any other statement or act or omission not consistent with personal integrity, ethics, or honesty.

(12) Gross unfitness is any conduct that renders an owner or employee unqualified to perform duties. The following acts constitute gross unfitness:

(a) Convictions of a crime or offense specified in subsection (12) of this rule or engaging in such wrongful acts even in the absence of a conviction;

(b) Commission of fraud, misrepresentation, or deceit;

(13) No licensed school shall be owned by or employ an individual who is not of good moral character and reputation.

(a) Upon review by the Commission the Executive Director may find a person not to be of good moral character and reputation when the person:

(A) Has been convicted of a felony or a misdemeanor that involves the illegal use, sale or possession of a controlled substance, or that involves any sexual offense, or any violent offense;

(B) Has been convicted of an offense involving fraud or misrepresentation, or has committed fraud, misrepresentation, or deceit or has committed unfair, deceptive, or unlawful trade practices regulated by the Oregon Unlawful Trade Practices Act (ORS 646.605–646.652), or

(b) The Executive Director shall not make a finding that a person is not of good moral character and reputation solely for the reason that the person has been convicted of a crime, but shall consider the relationship of the facts that support the conviction and all intervening circumstances as they relate to the specific occupational standards and requirements; and

(c) If the prospective employee has been convicted of a crime listed in subsection (13) of this rule, the Executive Director shall request a letter of recommendation from the employing school and the individual's most recent employer, parole officer, or other appropriate professional source. The Executive Director shall fully consider such recommendation along with all other supporting materials submitted by the prospective employee. The Executive Director, after reviewing submitted materials, may approve an employee registration on a probationary basis for a period not to exceed one year. Upon completion of the probationary period, if no further violation of subsection (12) has occurred, the probationary status will be removed.

(14) The school shall set minimum expectations and provide training for all instructional personnel and supervisors of instructional personnel in:

(a) Curriculum and Instruction — including the educator's competent application of:

(A) The school approved curriculum; and

(B) Effective teaching strategies; and

(b) Supervision and Evaluation of Students — including the educator's responsibility to:

(A) Record progress of individual students;

(B) Evaluate student performance; and

(A) Know, respect, and obey all policies of the school;

(B) Exemplify personal integrity, ethics, and honesty;

(D) Avoid exploiting students for personal profit or advantage.

History

Statutory/Other Authority: ORS 345.080, ORS 345.325 & ORS 345.400
Statutes/Other Implemented: ORS 345.325 & ORS 345.400
HECC 2-2026, amend filed 02/13/2026, effective 02/13/2026
HECC 4-2025, amend filed 10/10/2025, effective 10/10/2025
HECC 11-2022, amend filed 12/09/2022, effective 12/09/2022
HECC 4-2022, temporary amend filed 08/12/2022, effective 08/12/2022 through 02/07/2023
HECC 3-2016, f. & cert. ef. 3-9-16
HECC 6-2014, f. & cert. ef. 12-18-14
Renumbered from 581-045-0012 by HECC 2-2014, f. & cert. ef. 4-23-14
ODE 15-2006, f. 12-11-06, cert. ef. 1-1-07
ODE 17-2003, f. 12-30-03, cert. ef. 1-1-04
ODE 21-2002, f. 9-26-02 cert. ef. 10-1-02
ODE 32-2000, f. 12-11-00 cert. ef. 1-1-01

Or. Admin. R. 715-045-0013 Program Advisory Committees

(1) The school shall appoint and utilize a program advisory committee for each program being offered. If the school programs are in the same or similar vocational areas, the same advisory committee can be used for all related programs.

(2) Each committee shall be composed of not less than three members, knowledgeable in the occupational area being offered by the school and who are not employees of and have no financial interest in the school and who are not related to the owner(s) or administrator(s). When a program or curriculum is regulated, approved or certified by a state agency or Oregon State licensing board other than the Higher Education Coordinating Commission as identified in OAR 715-045-0014, that program or curriculum is exempt from the advisory committee requirement.

(a) A list of the program advisory committee members and a resume of each shall be furnished to the Commission. The list and resumes shall include each member's name, address, telephone number, present occupation and training experience; and

(b) The membership of the program advisory committee shall include:

(A) At least three members employed in the occupation served by the program, one of whom shall be employed or working in a supervisory capacity, and

(B) Each of the three members shall have at least two years’ experience in the occupation or industry. Other members having less experience may be added to the committee as desired.

(3) All program advisory committees must officially meet at least one time per year to review school policies, facilities, instructional materials, equipment, curriculum standards and technical updating:

(a) The program advisory committee shall meet to evaluate all new proposed program offerings and whenever the school proposes major revisions in existing programs. At least one such meeting per year shall be at the school. The following criteria will be used to determine what constitutes a major program revision:

(A) A change of 25% or more of the previously approved contract hours, credits, curriculum content (courses offered), or program length, or

(B) A change in academic measurement from clock-hours to credit-hours or vice versa, or a change from quarter or trimesters to semester credits or vice versa, or

(C) Any additions or deletions of courses offered that might change the overall objective of a currently approved program;

(b) Minutes of all program advisory committee meetings shall be on file in the school office. A copy of the committee findings or recommendations, if any, shall be included with the annual license renewal application; and

(c) If the school's report of enrollments, completions, retentions and placements, as prescribed in OAR 715-045-0062(3), does not provide information that the school is meeting the provisions of ORS 345.325, the commission’s executive director may call for the school to convene the program advisory committee(s) for program evaluation(s) as prescribed in paragraph (a) of this subsection.

History

Statutory/Other Authority: ORS 345.080
Statutes/Other Implemented: ORS 345.080
HECC 2-2026, amend filed 02/13/2026, effective 02/13/2026
Renumbered from 581-045-0013 by HECC 2-2014, f. & cert. ef. 4-23-14
ODE 32-2000, f. 12-11-00 cert. ef. 1-1-01

Or. Admin. R. 715-045-0014 Exceptions for Schools with Programs also Regulated by Another State Agency

(1) Private career school programs with curriculum or other requirements that are established and approved by another state agency are exempt from having a program advisory committee as defined in OAR 715-045-0013.

(2) While the programs described in section (1) of this rule must meet the Higher Education Coordinating Commission's approval criteria for teacher registration, the commission’s executive director may defer approval of the school's teachers to the appropriate state agency.

(3) The executive director may modify the financial reporting requirements as described in OAR 715-045-0032 or Student Completion and Placement reporting requirements as described in 715-045-0064 for any school or programs described in subsection (1) of this rule.

History

Statutory/Other Authority: ORS 345.325
Statutes/Other Implemented: ORS 345.325
Renumbered from 581-045-0014 by HECC 2-2014, f. & cert. ef. 4-23-14
ODE 16-2010, f. 11-15-10, cert. ef. 1-1-11
ODE 15-2006, f. 12-11-06, cert. ef. 1-1-07
ODE 32-2000, f. 12-11-00 cert. ef. 1-1-01

Or. Admin. R. 715-045-0018 Recordkeeping

(1) Schools must furnish each prospective student, and have evidence of receipt acknowledged by student signature at the time of enrollment, with the following items:

(a) A copy of the school's most recent catalog that complies with OAR 581-045-0019, with any supplements and correction sheets;

(b) Completion and relevant program performance measures, including but not limited to placement data, as required by accrediting agencies, or certification or state licensing examination passage rates, or placement data for students enrolled in the program for the last two years;

(c) A program outline for the program(s) in which the student may potentially enroll that details the program outcomes, broken down by course including, the core abilities and individual course competencies addressed by the program(s); and

(d) Upon request of the student, a copy of or the web address for the Oregon Revised Statutes and Oregon Administrative Rules that govern Private Career Schools.

(2)(a) At the time of enrollment, a career school shall collect the following personally identifiable information from each enrolled student:

(A) First and last name;

(B) Mailing address;

(D) State of residence;

(E) Telephone number;

(F) E-mail address;

(G) Social Security number;

(H) Date of birth;

(I) Gender;

(J) Veterans status;

(K) Disability status;

(L) National origin; and

(M) Ethnicity or race.

(b) Schools shall use the following categories to collect students’ ethnicity or race data:

(A) Hispanic or Latino;

(B) Native American or Alaskan Native;

(D) Native Hawaiian or Pacific Islander;

(E) African American; and

(F) Caucasian.

(c) If a student refuses to release his or her Social Security number, the school may assign an alternative identification number.

(d) Students must provide their own personally identifiable information. Career school personnel may not enter personally identifiable information regarding a student that was derived from personal observations.

(e) Career schools must record for the name of the program in which each student has enrolled and the date on which each student graduated, withdrew, or was expelled from the school. This information must be reported to the commission at least once each year.

(3)(a) Each career school must adopt policies and procedures, and employ adequate safeguards, to protect their students’ personally identifiable information from misuse, inadvertent disclosure, or theft.

(b) Career schools may not disclose students’ personally identifiable information to anyone other than:

(A) The student, or the student’s parent or guardian, if the student is a minor;

(B) The Higher Education Coordinating Commission; or

(c) Schools shall maintain students’ personally identifiable information in accordance with applicable laws, including but not limited to the Oregon Consumer Identity Theft Prevention Act, ORS 646A.600 to 646A.628, and any rules adopted pursuant to ORS 646A.600 to 646A.628.

(4) Career schools shall maintain the student information specified in subsection (2) of this section in an Excel spreadsheet, or other electronic format identified by the commission. This information must be delivered to the Commission at least once a year, and may be included with the school’s license renewal application, and may be delivered on a USB drive, CD or DVD, or via other means identified by the commission.

(5)(a) Upon enrollment, the student shall receive a copy of his or her enrollment agreement, signed by the student and a school official. The enrollment agreement must include a statement, located above the signature line, informing the student that the enrollment agreement is a binding contract. The actual enrollment agreement will be retained by the school;

(b) The school shall maintain the student’s signed enrollment agreement as part of the student’s file.

(6) Schools shall maintain a file for each student that must include:

(a) A statement signed by the student at the time of enrollment certifying receipt of all materials indicated in sections (1) and (5) of this rule (or copies of materials where indicated);

(b) The student's actual signed enrollment agreement;

(c) A copy of the student’s signed statement acknowledging receipt of any books, supplies, kits, or other substantial materials required to participate in the instructional program that are issued to the student subsequent to enrollment. The statement must be itemized, indicate the fee paid by the student for the materials (if any), and identify the date the materials were received by the student. If not all materials are issued at the same time, the student must initial the date of receipt each time materials are issued; alternatively, the materials list may contain a statement to the effect that certain indicated materials will be issued at the time of instruction when they are to be used. By initialing the statement, students acknowledge that indicated materials are to be received at a date that corresponds with the sequencing of the instructional program.

(d) If an orientation is offered by the school on or before the first day of classes, an indication of attendance signed by the student on that orientation day acknowledging that school policies and procedures were explained and student questions were answered.

(e) A copy of the student’s signed payment plan if separate from the enrollment agreement;

(f) A schedule of anticipated student payments due, payments made, and copies of receipts for all payments;

(g) All documentation regarding third party training contracts, e.g., NAFTA, Vocational Rehabilitation, etc.,

(h) Written progress reports that shall include at a minimum information on how the student is progressing in areas such as classroom attendance and performance (but not used as final grades) updated at appropriate intervals;

(i) Progress reports may be maintained by electronic means provided there is an electronic system in place with sufficient security protocols to allow for student access while maintaining confidentiality. A log of student access activity must be placed in the student file at intervals corresponding with the stated progress report intervals to demonstrate that the student is reviewing the progress report and receiving appropriate feedback and improvement planning;

(j) Copies of any documentation required for admission, or a written evaluation of required documentation, when appropriate, signed by a member of the school admissions staff explaining scoring of documentation and evaluation criteria;

(k) A copy of the results of any enrollment evaluation or examination or evaluation of transfer credit or competencies, and any calculations used to determine awarding of credit or hours;

(l) Record of operations completed, if applicable, with dates and scores received; and

(m) Copies of any student complaints filed in writing by the student, written documentation of any steps taken by the school to resolve those complaints, and the school’s final decision on the matter in writing, dated, and with student initial of receipt or other record that the student received the final written decision.

(7) The school must maintain each student’s file for a minimum of 3 years from the date the student graduated, withdrew, or was expelled.

(8) Schools shall maintain a record of each student’s attendance, updated weekly. This record shall include each student’s dates and hours of attendance.

(9) Upon the student's satisfactory completion of instruction, schools shall:

(a) Issue an appropriate certificate or diploma; and

(b) Issue appropriate educational transcripts that shall include, but are not limited to:

(A) School name and location;

(B) Student's name;

(D) Specific program(s) taken;

(E) Clock and credit hours (if applicable);

(F) Grade for each course;

(G) Name of accrediting agency, if the school is accredited;

(H) Statement indicating the school maintains transcripts for a minimum of 25 years; and

(I) Signature of the appropriate school official with school seal (if any) and date of issue.

(10) Schools shall maintain and issue transcripts as follows:

(a) Store transcripts in a safe, vault, or file having a minimum one-hour fire-safe rating unless duplicate records are kept in a safe location outside the school building. The address of locations outside the school building must be on file with the Commission;

(b) Keep transcripts of all former students that include the information described in subsection (5)(b)(A)-(H) of this rule for a period of no less than 25 years from date of termination of enrollment. Transcripts must be stored under the same conditions as described in paragraph (a) of this subsection;

(c) Make a student's records available to the student upon request. Availability of records shall comply with the "Family Educational Rights and Privacy Act" (Public Law 93-380 as amended by Public Law 93-568). The educational institution shall respond within a reasonable period of time, but not more than 45 days after receipt of the request;

(d) Deliver to the Commission all permanent student transcripts for safekeeping if the school should cease to operate. The Commission will maintain the transcripts of all closed schools. If available, certified copies of the transcripts will be provided, when a written request signed by the student, is received at the Commission. A non-refundable search fee of $10 must accompany the request; and

(e) Forms, letters, questionnaires, or other material printed or written for the purpose of debt collection must clearly and conspicuously state that they are used for the purpose of attempting to collect a debt or attempting to obtain information concerning a debtor.

(f) No career school based in Oregon may:

(A) Refuse to provide a transcript for a current or former student because the student owes a debt to the school;

(B) Charge a higher fee for obtaining a transcript to a current or former student because the student owes a debt to the school; or

(g) For the purposes of this rule, the following definitions apply:

(A) “Debt” means any money, obligation, claim or sum, due or owed, or alleged to be due or owed, from a student that appears on the student’s account at the post-secondary institution of education. “Debt” does not mean the fee, if any, that is charged to all students for the actual cost of providing a transcript.

(B) “Transcript” means the statement of a student’s academic record, including an official transcript, a certified statement of a student’s academic record or an uncertified statement of a student’s academic record, that is provided by a post-secondary institution of education.

History

Statutory/Other Authority: ORS 345.325
Statutes/Other Implemented: ORS 345.325 & ORS 350.210
HECC 2-2026, amend filed 02/13/2026, effective 02/13/2026
HECC 5-2025, amend filed 11/07/2025, effective 11/07/2025
HECC 2-2024, amend filed 10/10/2024, effective 10/10/2024
HECC 8-2014, f. & cert. ef. 12-18-14
Renumbered from 581-045-0018 by HECC 2-2014, f. & cert. ef. 4-23-14
ODE 16-2010, f. 11-15-10, cert. ef. 1-1-11
ODE 15-2006, f. 12-11-06, cert. ef. 1-1-07
ODE 17-2003, f. 12-30-03, cert. ef. 1-1-04
ODE 21-2002, f. 9-26-02 cert. ef. 10-1-02
ODE 32-2000, f. 12-11-00 cert. ef. 1-1-01

Or. Admin. R. 715-045-0019 School Catalogs

A school catalog shall have numbered pages and include the following elements. If any of the following elements do not appear in the body of the catalog, a reference to other specific documents where the required information appears must be in the catalog. Copies of ancillary documents referred to in the catalog must be approved by and on file with the Commission:

(1) Name, address, phone number, and other relevant contact information (e.g., fax number, website address) of the school;

(2) Effective dates for the catalog, not to exceed one year, and other reference identifiers such as volume or edition, or version numbers, etc.;

(3) A Table of Contents;

(4) Name(s) of school owner(s);

(5) Names and positions of administrative and instructional staff;

(6) Names and contact information for all licensing and accrediting institutions that have governing authority over the school;

(7) School’s mission statement;

(8) The educational or vocational objective of each program including the name and level of occupations for which the program purports to train;

(9) The number of clock hours and credit hours (if applicable) of instruction in each program and the length of time in weeks or months expected for completion; if a program is lesson based, the number of lessons comprising the program must also be included;

(10) Maximum time allowed for completion of each program;

(11) A complete listing and description of courses offered by program, describing subjects included in each course in sufficient detail to clearly identify the scope, sequence, and coverage of the training. If a course is for the purpose of continuing education or self-improvement, the course must be clearly identified as such;

(12) A description of the school's physical facilities, equipment, and instructional resources available for student use, including a description of any library or media resources available to the student, and the policies governing use of these resources;

(13) Admission process including:

(a) Admission requirements;

(b) Documentation requirements;

(d) Schedule of all admission fees and the purpose of each listed fee;

(e) Ability to benefit (ATB) policy:

(A) If a school uses an ATB test, the school must provide;

(i) The name of ATB test used;

(ii) The name and location of proctor;

(iii) The method of test administration; and

(iv) The minimum acceptable score; or

(B) If the school does not use an ATB test, the alternative methods of determining ability to benefit and accompanying procedures and criteria used by the school;

(f) Identity verification policy (if applicable);

(g) Drug testing policy (if applicable);

(h) Policy for notification of acceptance or denial of admissions request including time lines;

(i) Reapplication policy for denied applicants;

(j) A statement of non-discrimination for admission on the basis of sex, age, race, color, religion, ethnic origin, or sexual orientation.

(14) Transfer policy, including:

(a) Documentation requirements for previous training or experience;

(b) Method for evaluating documentation of previous training or experience;

(c) Description of any skills evaluation processes or exams given by the school to determine credit to award for previous training or experience;

(d) Time line for evaluation process and notification of results;

(e) Description of how program requirements, cost and length will be adjusted;

(15) Enrollment process, including;

(a) A school calendar indicating enrollment / registration dates, start and end dates for each program, holidays, other days school is not in session, and any other important dates that are reasonably likely to affect the decision of a potential student to enroll;

(b) Schedule of enrollment fees showing cost of tuition, registration fee, other instructional fees for books, supplies, laboratory time, etc., and any other costs for which the student may be responsible. Schedule will present total costs for each program offered and provide clear disclosure of what is and is not included specifically in the individual fee for tuition. This information may be presented as an addendum or insert to the publication. A copy of the current fee schedule must be on file with the Commission at all times.

(c) Options and terms for payment of tuition and other fees, including clear disclosure of any associated discounts and deposits required, with timing of such deposits indicated;

(d) Fee waiver policy, criteria, and procedure;

(e) Criteria for any in-house scholarship programs available, the process for application, notification of award or denial, the disbursement schedule, and the credit methodology;

(f) Clear disclosure of policy for return of books, supplies, or other materials, and refund of fees paid for such items;

(g) State approved refund policy or school’s refund policy if determined by the Commission to be more favorable to the student;

(h) Clear and conspicuous disclosure of student’s cancellation rights;

(16) Policies and procedures relating to:

(a) Attendance, including course minimum and program cumulative satisfactory progress standards;

(b) Excused and unexcused absence criteria and effect of such absence on satisfactory attendance progress;

(d) Leaves of absence, including how a leave of absence affects satisfactory attendance progress;

(e) Make-up work;

(f) Overall grading system, including rating scale, point system, or other rubric used, with definitions of performance indicated by rating levels or ranges;

(g) All institutions with which the school has an articulation agreement, if applicable;

(h) Academic satisfactory progress standards for:

(A) Minimum acceptable performance for courses and programs according to grading system;

(B) Cumulative acceptable performance for programs according to grading system; and

(i) Elements of performance reported on;

(ii) Recourse of student to challenge report information and process for doing so;

(iii) Process for performance improvement planning and other uses of progress reports;

(iv) Effect of course incompletes, repetitions, and remedial courses on satisfactory progress calculations

(17) Specific requirements for graduation or completion;

(18) Description of the certificate, diploma, or credential awarded upon graduation or completion;

(19) If the school has negotiated any articulation agreements with other institutions for transfer or awarding of credit based on course completion at the school, a description of those articulation agreements will be included in the school catalog. Description will include at a minimum:

(a) Name of all institutions with which an official articulation agreement is in place;

(b) Name of all programs or courses that are eligible for transfer to each institution identified;

(20) Policies and procedures relating to discipline:

(a) Description of verbal and written warning systems including number and timing of warnings issued of each type and how warnings trigger further disciplinary action. When a student receives a verbal or written warning, the student will sign an acknowledgment that they have received a warning. This acknowledgment does not constitute agreement by the student with the content of the warning.

(b) Student conduct standards, including:

(A) Standards regarding discriminatory behavior of students against other students, school personnel, or other related persons;

(B) Clear disclosure of types of conduct violations;

(A) Clear indicators for when probation is invoked, according to stated standards for conduct and satisfactory progress;

(B) Length of probation and terms for reinstatement to good standing;

(D) Effect of probationary status on satisfactory progress standards and student financial obligations and awards;

(d) Suspension, including:

(A) Clear indicators for when suspension is invoked, according to stated standards for conduct and satisfactory progress;

(B) Length of suspension and terms for reinstatement to good standing;

(D) Effect of suspension status on satisfactory progress standards and student financial obligations and awards;

(e) Termination, including:

(A) Clear indicators for when termination is invoked, according to stated standards for conduct and satisfactory progress;

(B) Effect of termination on student’s financial obligation to the school.

(f) Policies and procedures relating to reinstatement or reentry:

(A) When student's withdrawal was voluntary and the student was in compliance with all school policies, and

(B) When the student's withdrawal was not voluntary and involved noncompliance of academic, attendance, or conduct policies, or financial obligations, or any combination thereof.

(g) A discrimination policy, including;

(A) Standards for treatment of students who are members of protected classes as defined in ORS 659.850;

(B) Recourse of students who believe they have been discriminated against, including this statement: “Any person unlawfully discriminated against, as described in ORS 345.240, may file a complaint under 659A.820 with the Commissioner of the Bureau of Labor and Industries”;

(C) Statement that school’s policies governing employees will be enforced in situations where instructional staff or other school personnel have been found to have engaged in discriminatory behavior;

(21) A student grievance policy, which includes:

(a) The process for initiating a complaint or grievance against the school, its staff, or students;

(b) Appeal process, including point of contact for initiating appeal;

(c) School personnel, by name or by position, involved in evaluating an appeal. This staff person or group of persons shall not include the same staff that evaluated and ruled on the initial grievance;

(d) Time line for issuing a decision on an appeal; and

(e) This statement: "students aggrieved by action of the school should attempt to resolve these problems with appropriate school officials. Should this procedure fail students may contact: Higher Education Coordinating Commission, (use current address), Salem, OR (use current ZIP code)." After consultation with appropriate staff and if the complaint alleges a violation of Oregon Revised Statutes 345.010 to 345.470 or standards of OAR Chapter 715 Division 045, the Commission will begin the complaint investigation process as defined in OAR 715-045-0023, Appeals and Complaints.

(22) Student Services, including:

(a) A description of the extent and nature of placement assistance provided to students and graduates, including but not limited to:

(A) Job search techniques;

(B) Resume' writing or the industry equivalent;

(D) The assistance the school provides in establishing job contacts or interviews for graduates;

(E) A clear statement that the institution does not and cannot guarantee employment;

(b) Specifics describing the availability of and eligibility for student housing,

(d) Statement of rights of student to access their files and procedure for doing so,

(e) Policy regarding release of information about an individual student, including applicable requirements of the “Family Educational Rights and Privacy Act of 1974” (FERPA) (20 USC § 1232g; 34 CFR Part 99), and

(f) Other student services, if any.

History

Statutory/Other Authority: ORS 345.325
Statutes/Other Implemented: ORS 345.325
HECC 2-2026, amend filed 02/13/2026, effective 02/13/2026
Renumbered from 581-045-0019 by HECC 2-2014, f. & cert. ef. 4-23-14
ODE 16-2010, f. 11-15-10, cert. ef. 1-1-11
ODE 15-2006, f. 12-11-06, cert. ef. 1-1-07
ODE 17-2003, f. 12-30-03, cert. ef. 1-1-04
ODE 32-2000, f. 12-11-00 cert. ef. 1-1-01

Or. Admin. R. 715-045-0022 Facilities

(1) All schools shall demonstrate that premises owned, rented, leased, occupied, maintained, used or approved by the school, are maintained in compliance with applicable city, county or state ordinances and laws relating to safety and health of persons on the premises.

(2) Safety and health inspection data required by OR-OSHA (ORS 654.010) and other applicable statute, ordinance or administrative rule shall be available for review by Higher Education Coordinating Commission staff. All applicants for an initial license must have a fire inspection by appropriate city or county Fire Marshall's office prior to issuance of a license and all licensees must have an annual fire inspection if annual service is provided by applicable Fire Marshall's office. Schools must be clean, well maintained and provide good lighting and ventilation. Schools must arrange classrooms, equipment and demonstration areas to enhance instruction, provide sufficient storage, use prescribed containers for hazardous materials, and provide for safe and orderly classroom management for the type of educational programs offered.

(3) A school shall notify the Commission in writing at least 30 calendar days in advance of any change of its principal location or name. In the event of change of location, Commission staff may inspect the new site. Deficiencies, if any, must be corrected in a timely manner for continued approval to operate in the new location. Failure to notify the commission’s executive director of name or address change may result in the imposing of civil penalties per OAR 715-045-0190. An exception may be granted if the executive director determines a legitimate emergency or a circumstance exists which would prevent the school from complying.

History

Statutory/Other Authority: ORS 345.080
Statutes/Other Implemented: ORS 345.080
HECC 2-2026, amend filed 02/13/2026, effective 02/13/2026
Renumbered from 581-045-0022 by HECC 2-2014, f. & cert. ef. 4-23-14
ODE 32-2000, f. 12-11-00 cert. ef. 1-1-01

Or. Admin. R. 715-045-0023 Complaints against Private Career Schools

(1) Each school shall implement a process for the prompt resolution of a written complaint by a student of the school. Unless specifically provided by state or federal law or administrative rule, the decision of the school shall be final.

(2) Complaints filed on behalf of or by a student against a school must be postmarked or received electronically within one year of the date the student exhausted the school’s grievance process, or within one year of the student’s last date of attendance, whichever is later.

(3) If the complaint alleges a violation of Oregon Revised Statutes, ORS 345.010 to 345.070 or standards of OAR 715-045-0006 through 715-045-0220, the complainant may submit a written complaint to the Higher Education Coordinating Commission, after exhausting the school’s procedures or after 45 days from filing a written complaint with the school, whichever occurs first. The complaint shall be in writing and shall contain:

(a) The complainant’s name, phone number, and signature;

(b) School name and location;

(d) Facts detailing the basis of the complaint, dates of attendance, date of occurrence, names and positions of school officials contacted, financial loss, if any, and any other pertinent information;

(e) An explanation of what efforts have been taken to resolve the problem with the school, if any; and

(f) Copies of pertinent documents, such as the enrollment agreement, catalog and advertisements.

(4)(a) After receipt of a complaint or other allegation that a school has failed or is failing to comply with the provisions of any laws or rules, the commission’s executive director or designee shall conduct an investigation.

(b) The investigation conducted by the commission shall be conducted in the manner prescribed by OAR 715-011-0070.

(5) The executive director shall notify the complainant and the school of the findings resulting from the investigation.

(6) 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 rules.

(7) Sections (1) and (2) of this rule do not limit the statutory authority of the commission to investigate a school on the commission’s own motion.

(8) At the request of the executive director, complaints may be resolved with the assistance of such other parties as the Oregon Department of Justice, U.S. Department of Education, and other appropriate organizations and/or individuals.

History

Statutory/Other Authority: ORS 345.120 & ORS 350.075
Statutes/Other Implemented: ORS 345.120
HECC 5-2025, amend filed 11/07/2025, effective 11/07/2025
HECC 4-2019, amend filed 02/24/2019, effective 02/24/2019
HECC 2-2018, temporary amend filed 02/08/2018, effective 02/08/2018 through 06/30/2018
HECC 1-2018, amend filed 01/04/2018, effective 01/04/2018
Renumbered from 581-045-0023 by HECC 2-2014, f. & cert. ef. 4-23-14
ODE 15-2006, f. 12-11-06, cert. ef. 1-1-07
ODE 17-2003, f. 12-30-03, cert. ef. 1-1-04
ODE 32-2000, f. 12-11-00 cert. ef. 1-1-01

Or. Admin. R. 715-045-0029 Tuition Protection Fund

(1) There shall be a fund known as the Private Career School Tuition Protection Fund (as described in ORS 345.110). The Tuition Protection Fund is hereby established in the custody of the State Treasurer. The Executive Director of the Higher Education Coordinating Commission shall deposit in the fund all monies received under this rule. Monies from the fund shall be spent only for the purposes under this rule. Disbursements from the fund shall be on authorization from the commission and no appropriation is required for such disbursements. All earnings on investments of the fund shall be credited to the fund. To be and remain licensed, each private career school authorized in accordance with the provisions of ORS Chapter 345 shall pay to the state an initial capitalization deposit and 14 semiannual payments. The fund shall be initially capitalized at a minimum of $200,000 and shall achieve and maintain an operating balance of at least $1 million. Said fund is intended to be a fund of last resort.

(2) Accessing the Fund: Eligible students may apply to the commission, when a school licensed by the State of Oregon ceases to provide educational services, for a refund of tuition from the fund established pursuant to this rule, to the extent that such fund exists or has reached the level necessary to pay outstanding approved claims. If the commission’s executive director finds that a student is entitled to a refund of tuition, the executive director shall determine the amount of refund based on criteria established by the commission. Eligible students are:

(a) Students attending schools licensed as in-state schools by the State of Oregon who are not covered by another state’s tuition protection; or

(b) Students attending a school licensed as an out-of-state school by the state of Oregon, domiciled in the state of Oregon at the time of school closure, and not covered by another state’s tuition protection, In the event the school does not provide verification of domicile, a student may provide verification of domicile by providing a document from the list of documents described in the OAR 735-062-0031.

(3) The commission shall direct the State Treasurer to pay the refund on behalf of the student to the student and/or the student's financial sponsor(s). If the student is a minor, payment shall be made to the student's financial sponsor(s). Each recipient of a tuition refund shall, as a condition for receiving the claim, assign all rights to the commission of any action against the school or its owner(s) for tuition amounts reimbursed pursuant to this section;

(4) Upon such assignment, the executive director shall take appropriate action against the school or its owner(s) in order to reimburse the Tuition Protection Fund for any expenses or claims that are paid from the fund and to reimburse the commission for the reasonable and necessary expenses in undertaking such action;

(5) The executive director shall attempt to recover from the school all funds disbursed from the Tuition Protection Fund and other costs of recovery;

(6) The Tuition Protection Fund shall not be used to reimburse private party attorney fees;

(7) Under no circumstances will any party, person or entity, other than the commission, be allowed to access funds from the Tuition Protection Fund; and

(8) No liability accrues to the State of Oregon from claims made against the fund.

(9) Establishment of fund liability limits:

(a) The amount of liability that can be satisfied by this fund, on behalf of each individual school licensed under this rule, shall be based on the gross tuition income reported on the last license renewal application and shall not exceed the amounts established in this rule: [Table not included. See ED. NOTE, Table 1]

(b) The calculation of gross annual tuition for a school located outside the State of Oregon shall include only that income derived from residents of this state during the school's preceding year of operation, as evidenced in the financial statement required by OAR 715-045-0032;

(c) Institutions not yet in operation or otherwise lacking a full year's financial data prior to initial licensing, shall have a liability limit calculated on the basis of an estimation of gross annual tuition;

(d) Each school subject to this rule shall submit to the commission in cash, check, money order, or electronic payment as allowed by law, the following nonrefundable* amounts for its initial capitalization deposit into the Tuition Protection Fund: [Table not included. See ED. NOTE, Table 1]

(e) Notwithstanding subsection (d) of this section, each school subject to the exception listed in Section 1(b) of OAR 715-045-0032 shall submit to the commission in cash, check, money order, or electronic payment as allowed by law, the following nonrefundable amounts as a substitute for the general liability insurance requirement listed in OAR 715-045-0032: [Table not included. See ED. NOTE, Table 2]

(f) After the date of its nonrefundable initial capitalization deposit, as a condition to remaining licensed, each school shall remit to the commission for deposit into the Tuition Protection Fund semiannual payments (on January 31 and July 31) in cash, check, money order, or electronic payment as allowed by law, in accordance with the schedule in subsection (3)(d), or subsection 3(e) of this rule, if applicable. If the semiannual payment is not postmarked (or date stamped if hand delivered to the Department) before or on the due date, the commission may impose a civil penalty as allowed under ORS 345.995 and OAR 715-045-0190. Failure of a school to make payment within 30 days of due date shall be grounds for suspension or revocation of the school's license; and

(g) The executive director shall prepare and mail to each licensee semiannual notices of the due dates and amounts of deposits required under subsection (3) of this rule. Each notice shall include therein at least once each year:

(A) A notation showing the licensee's aggregate prior deposits into the fund;

(B) A notation showing the licensee's balance of remaining payments based on the most recent deposit received;

(D) A summary showing all disbursements made from the fund to satisfy claims in the period since the last such similar summary was disseminated.

(10) After disbursements made to settle claims reduce the operating balance below $500,000, and recovery of such funds has not been ensured by the affected school within 30 days, the commission shall assess each licensee a pro rata share of the amount required to restore the balance in the fund to $500,000. When calculating each share, the commission shall employ a pro rata percentage of liability. If the amount of any single such assessment equals or is less than the semiannual amount of deposit established for the licensee, the assessment shall be paid within 30 days of notice. If any single assessment exceeds the amount of its semiannual deposit, the school may apply to the commission for a schedule of deferred payments. The commission shall grant such deferrals on application, but in no case shall the time extended exceed one year beyond the date of an assessment.

(11) The executive director shall determine, based on annual financial data supplied by the school, whether the semiannual deposit assigned to the school on the matrix established under subsection (3) has changed. If an increase or decrease has occurred, a corresponding change in the semiannual deposit shall be made before the date of its next scheduled deposit into the fund.

(12) When any ownership interest in a school is conveyed through sale or other means that results in the transferee (buyer) owning more than 50 percent of the school, the contribution schedule of the prior owner is canceled. All contributions made up to the date of the transfer accrue to the fund. The new owner commences contributions under provisions applying to a new applicant. Exception shall be granted to any transferee (buyer) who held more than 50 percent of the ownership interest prior to the transfer and to any transferee who owned any interest in the school for more than four years prior to the transfer. In such instances the transferee (buyer) shall provide the executive director with legal evidence to validate the percent and time period of ownership.

(13) When deposits in the Tuition Protection Fund equal or exceed $1,000,000, the Commission may transfer the amount in excess of $1,000,000 as necessary to support the critical operational needs as determined by the Commission, of the unit of the Commission responsible for licensing and regulating private career schools.

(a) Transfers for this purpose shall not exceed $200,000 in a single biennium.

(b) The Executive Director shall authorize any transfers made under this provision.

(c) The Commission shall notify any preexisting committees convened to advise the Director of Private Postsecondary Education on private career school matters that a transfer has been made no later than the first meeting of such committee after the transfer has been authorized.

(14) When deposits in the Tuition Protection Fund equal or exceed $3,000,000, and the history of disbursements so warrants, the commission may reduce the schedule of deposits whether as to time, amount, or both. When such level is achieved, the commission may return any excess funds to currently licensed schools that have completed their required contributions to the fund.

(15) Additional procedures established to deal with a school that ceases to provide educational services:

(a) A school ceases to provide educational services when the school or a division of the school ceases to provide classes or instruction;

(b) The executive director shall attempt to notify all potential claimants within 60 days of the date the executive director determines a school has ceased to provide educational services. The absence of records and other circumstances may make it impossible or unreasonable for the executive director to ascertain the name and address of each potential claimant, but the executive director shall make reasonable inquiries to secure that information from all likely sources including but not limited to public notification. The notification to students shall inform them of the opportunity and the deadline for submitting claims against the Tuition Protection Fund;

(c) Claims against the Tuition Protection Fund may be made only by eligible students, as defined in section 2(a) of this rule, who were enrolled at the time a school ceases to provide educational services;

(d) All claims must be filed with the commission by the deadline established in the executive director's notification. Each student filing a claim must specify and verify any and all sources and amounts of tuition that were paid on the student's behalf. The commission may refuse to pay any claim that does not contain sufficient verification or other information required by the executive director;

(e) The executive director shall not consider any claims filed after the deadline established in the executive director's notification. Failure of a student to receive notification shall not be a basis for the commission to consider any claims filed after the deadline;

(f) The executive director shall seek to recover such disbursed funds from the assets of the defaulted school, including but not limited to asserting claims as a creditor in bankruptcy proceedings; and

(g) A school shall have no vested right, claim or interest in any deposit to the Tuition Protection Fund and all payments shall accrue to the fund.

(16) In the event of a potential and actual school closure a school shall inform its students in writing of their rights under the provisions governing the Tuition Protection Fund.

(17) If a school closure is in violation of OAR 715-045-0067, the commission may allocate monies from the Tuition Protection Fund, as a fund of last resort, to teach-out arrangements for displaced students. The liability level for teach-out costs shall be the same as that established in subsection (3) of this rule. Students signing a written agreement as a result of this option would not be entitled to a refund from the school or the Tuition Protection Fund.

(18)(a) In the event the Governor issues a declaration of emergency or executive orders that order or directly lead to the temporary cessation of educational activity by a school required to make payments for the Tuition Protection Fund, the Commission, at its discretion, may provide for such payments to be deferred without interest or penalty. Payments may be deferred under this provision for three months, renewable for a period not to exceed one year.

(b) Should the Governor, through repeal or further executive action, cancel any applicable declaration of emergency or executive orders, any deferrals issued under this subsection shall be extended or reduced as required to expire 90 days from such cancellation.

[ED. NOTE: To view attachments referenced in rule text, click here to view rule.]

History

Statutory/Other Authority: ORS 345.110 & ORS 345.995
Statutes/Other Implemented: ORS 345.110
HECC 1-2024, amend filed 10/10/2024, effective 10/10/2024
HECC 11-2022, amend filed 12/09/2022, effective 12/09/2022
HECC 4-2022, temporary amend filed 08/12/2022, effective 08/12/2022 through 02/07/2023
HECC 4-2020, amend filed 09/23/2020, effective 09/23/2020
HECC 2-2020, temporary amend filed 04/10/2020, effective 04/10/2020 through 10/06/2020
HECC 2-2019, amend filed 01/08/2019, effective 01/08/2019
Renumbered from 581-045-0029 by HECC 2-2014, f. & cert. ef. 4-23-14
ODE 21-2002, f. 9-26-02 cert. ef. 10-1-02
ODE 32-2000, f. 12-11-00 cert. ef. 1-1-01
EB 13-1996, f. & cert. ef. 7-26-96
EB 34-1992, f. & cert. ef. 11-3-92
EB 18-1992(Temp), f. & cert. ef. 5-13-92
EB 32-1991, f. & cert. ef. 12-18-91

Or. Admin. R. 715-045-0032 Standards for Financial Reporting

(1) All private career schools shall submit at initial licensing, and annually thereafter in conjunction with the license renewal, financial information reflecting the fiscal condition of the school at its start-up or at the close of its most recent fiscal or calendar year, whichever is applicable. For such purposes the information submitted shall conform to the following:

(a) At initial application for licensing, the school must submit a business plan based on the major goals of the school for the first two years of operation along with the methods and procedures for achieving the goals. Included as part of the plan will be an opening balance sheet, along with worksheets documenting the source and method of calculation for amounts listed on the balance sheet. The school shall have sufficient capital to provide all the appropriate instruction, support and administrative services (including appropriate comprehensive general liability insurance), staffing, equipment, and facilities. The Executive Director of the Higher Education Coordinating Commission will use financial ratios relevant to the private career school industry, such as those suggested by national professional organizations, accrediting organizations, and other appropriate financial statistics to determine the sufficiency of the planned capital. The plan also shall include a projected income statement showing the projected income and expenses for each of the first two years of operation, with the first year’s projections calculated on a monthly basis, and the second year’s projections calculated on a quarterly basis.

(b) If the executive director finds sufficient evidence that a particular type or group of career schools faces serious challenges in the procurement of comprehensive general liability insurance that make them unable to obtain this insurance from admitted or non-admitted insurance dealers, the executive director may allow a school to substitute the requirement for comprehensive general liability insurance described in paragraph (a) of this subsection with the requirements listed in subsection (3)(e) of OAR 715-045-0029. The Commission shall post on its website a list of types or groups of career schools subject to the substituted requirements.

(c) If a career school is found to be subject to the substitution regime described in paragraph (b) of this subsection, the career school in question will be required to provide a clear, legible, written notice, in no less than 12 point font, to potential students before they sign an enrollment agreement with the college that the school has no comprehensive liability insurance and may have difficulties reimbursing student’s tuition costs in the case where the school becomes financially insolvent. The notice shall state the following:

This notice shall be signed by such potential student as an acknowledgement of receipt.

(d) In addition to the licensing requirements cited in paragraph (a), (b), and (c) of this subsection, financial requirements shall be based on a school's ability to fulfill its obligations to students, meet refund obligations, meet operational expenses and other financial obligations, and make the required contributions to the existing tuition protection fund. When the sufficiency of the planned capital is questionable, the executive director may require mechanisms be put in place to ensure the availability of operating funds and funds required to satisfy student tuition refund requests, including but not limited to a letter of credit, or the escrow of unearned tuition funds.

(e)The financial report for license renewal may be prepared by the school owner or competent school personnel for schools with gross annual tuition income of less than $225,000. Such report shall cover the most recent annual accounting period completed. The balance sheet information must clearly show all assets, liabilities, and net worth, while the income statement must clearly show the profit or loss for the fiscal year. Each school also must provide a cash flow statement showing its:

(A) Cash flow from operations;

(B) Cash flow used in investing; and

(f) The information for license renewal must also show total instructional income and expense for the school for the preceding fiscal year, along with supporting worksheets and documentation as provided by the commission. If a school offers both licensed programs and programs exempt from licensure, total instructional income for licensed programs and exempt programs shall be displayed separately so that gross tuition income from which license fees and the tuition protection fund assessment will be computed is clearly identified. At the option of the school owner, expenses may or may not be displayed separately for licensed and exempt programs. The amount of the tuition protection fund assessment required for an initial license will be computed on the basis of projected first year tuition income but shall not be less than a liability limit of $6,250;

(g) At the option of the school, the financial report may be in the format provided by the commission;

(h) Each school must certify in its financial report that all refunds due students have been made and are not in default. If any refund requests are pending, the school must disclose this information along with a status report of the request(s); documentation prepared for accreditation reviews or from reviewed financial reports may be submitted to satisfy this requirement;

(i) In all instances, information supplied must be certified true and correct by the school owner or an authorized representative;

(j) Schools reporting gross tuition income between $225,000 and $1,999,999, inclusive, will submit a reviewed financial report that conforms to Generally Accepted Accounting Principles (GAAP) and is completed and signed by an independent Certified Public Accountant (CPA). In lieu of a reviewed financial report, schools may submit income tax forms if all of the following conditions are met:

(A) The income tax forms were prepared and signed by an independent Certified Public Accountant (CPA), and

(B) The income tax forms are reporting financial information solely for the career school or the organization within which the school function is embedded if the career school is not a legal entity in its own right, and

(D) All sensitive information such as social security numbers have been redacted, and

(E) The income tax forms are complete with all related schedules and worksheets and include all information that would be used to prepare a reviewed financial report, and

(F) The requirements of paragraph (f) of this subsection are met. Separate forms displaying tuition costs for licensed programs versus exempt programs and other activities must be included if the career school is embedded within the operation of a larger organization and is not a legal entity in its own right.

(G) Any income tax forms received by the commission that do not meet the requirements of paragraph (h) of this subsection will be shredded upon receipt.

(k) Schools that are accredited and offer students state or federal financial aid may not submit income tax forms and must submit an audited financial report signed by an independent Certified Public Accountant, regardless of amount of gross tuition income.

(l) Schools reporting gross tuition income of $2,000,000 or more will submit an audited financial report that conforms to Generally Accepted Accounting Principles, (GAAP), Generally Accepted Audit Standards, (GAAS), and Statements for Accounting and Review Services (SAARS) currently in effect.

(2) If after analyzing a school's financial reports and records, the executive director determines the school is not financially responsible, as described in OAR 581-045-0063, or that the school's records are incomplete or inaccurate, the executive director may require the school to submit within 75 calendar days of written notice:

(a) An audited financial report signed by an independent Certified Public Accountant (CPA); and

(b) Its most recent federal and state income tax reports.

(3) The executive director may waive or modify all or part of the requirements in subsections (1) and (2) of this rule for a school that operates within the context of a larger business structure and is not a legal business entity in its own right, or has other financial considerations that are best evaluated through examination of a different set of financial data.

History

Statutory/Other Authority: ORS 345.325(8)
Statutes/Other Implemented: ORS 345.325
HECC 11-2022, amend filed 12/09/2022, effective 12/09/2022
HECC 4-2022, temporary amend filed 08/12/2022, effective 08/12/2022 through 02/07/2023
Renumbered from 581-045-0032 by HECC 2-2014, f. & cert. ef. 4-23-14
ODE 16-2010, f. 11-15-10, cert. ef. 1-1-11
ODE 15-2006, f. 12-11-06, cert. ef. 1-1-07
ODE 17-2003, f. 12-30-03, cert. ef. 1-1-04
Renumbered from 581-045-0016, ODE 32-2000, f. 12-11-00 cert. ef. 1-1-01
EB 13-1996, f. & cert. ef. 7-26-96
EB 11-1990, f. & cert. ef. 2-1-90
1EB 30-1986, f. & ef. 7-23-86
1EB 34-1978, f. & ef. 10-5-78

Or. Admin. R. 715-045-0033 Standards for Advertising

(1) Printed school publications, brochures, or pamphlets shall be on file at the school and available upon request to any prospective student, enrolled student, and the Department.

(2) A school catalog shall meet the requirements of OAR 715-045-0019.

(3) Upon request of the student, the school must provide the following information no later than at the time the student signs an enrollment agreement:

(a) Number of students enrolled in the program at the beginning of the current reporting period;

(b) Number of students who enrolled in the program during the last reporting period;

(d) Number of students who graduated from the program during the last reporting period; and

(e) Number of those who graduated and were placed or working full time in directly related occupations during the last reporting period.

(4) Subsections (3)(b) through (e) of this rule do not apply to prelicense schools as in OAR 715-045-0014.

(5) A school shall have records available to document any statements made by the school through its advertising including salary and placement claims.

(6) A school shall not advertise that it is endorsed, recommended, or approved by the Higher Education Coordinating commission or the commission’s executive director. The school may use the phrase "licensed by the Oregon Higher Education Coordinating Commission" in its advertising material.

(7) If a school offers programs licensed by the commission and also offers programs that do not require licensure, the school shall clearly identify each type of program in any publication.

(8) Any school that performs services for the public shall conspicuously display in the reception area a sign indicating that exclusively either students or employees, or both perform its services.

(9) A school licensed to offer instruction as a Private Career School for one or more programs shall provide students, prior to enrollment, a copy of a basic program and school fact page for each program for which a certificate or diploma is offered. The fact page shall include information regarding:

(A) The total cost of the program;

(B) Programmatic and institutional accrediting bodies;

(C) Transfer of credit to other accredited institutions, listing of any transfer articulation agreements with other institutions and in an attached document make available to students the related transfer articulation pre-requisite information;

(D) Program length, and the average time students take to graduate by program, and at whole school level;

(E) Graduation rate;

(F) Median borrowing (federal and private loans) amount, and median annual loan payments of students;

(G) Loan default rate;

(H) Job placement success which is defined as a percent of students who are employed in the field of study (by program);

(I) Median starting salary for graduates;

(J) Gainful employment results as outlined under U.S. Department of Education accountability metrics; and

(i) The Commission, at its discretion, may waive the requirement above for non-career/non-vocational academic programs offered by regulated and licensed Oregon non-profits.

(ii) A school is licensed to offer instruction shall submit to the Commission a copy of the program fact page for each program on or before September 1 of each year commencing 2017.

History

Statutory/Other Authority: ORS 345.325 & SB 326.051
Statutes/Other Implemented: ORS 345.325
HECC 5-2016, f. 12-16-16, cert. ef. 1-1-17
Renumbered from 581-045-0033 by HECC 2-2014, f. & cert. ef. 4-23-14
ODE 21-2002, f. 9-26-02 cert. ef. 10-1-02
Renumbered from 581-045-0021, ODE 32-2000, f. 12-11-00 cert. ef. 1-1-01
ODE 23-2000(Temp), f. 7-27-00, cert. ef. 7-27-00 thru 1-22-01
EB 13-1996, f. & cert. ef. 7-26-96
EB 11-1990, f. & cert. ef. 2-1-90
1EB 30-1986, f. & ef. 7-23-86
1EB 257, f. 1-3-77, ef. 7-1-77

Or. Admin. R. 715-045-0034 False, Deceptive, Inaccurate or Misleading Representations

No private career school or its agents may intentionally or knowingly make false, deceptive, inaccurate or misleading representations of fact in any oral, written, visual or electronic presentation in connection with the offering or publicizing of a subject or course of instruction.

History

Statutory/Other Authority: ORS 345.325 & 326.051
Statutes/Other Implemented: ORS 345.325
Renumbered from 581-045-0034 by HECC 2-2014, f. & cert. ef. 4-23-14
Renumbered from 581-045-0585, ODE 12-2001, f. & cert. ef. 5-15-01
ODE 9-2001(Temp), f. & cert. ef. 2-27-01 thru 8-17-01, Renumbered from 581-045-0585
ODE 31-2000, f. 12-11-00, cert. ef. 1-1-01
ODE 23-2000(Temp), f. 7-27-00, cert. ef. 7-27-00 thru 1-22-01

Or. Admin. R. 715-045-0036 Cancellation and Refund Policy: Resident Instruction

(1) A student may cancel enrollment by giving written notice to the school. Unless the school has discontinued the program of instruction, the student is financially obligated to the school according to the following:

(a) If cancellation occurs within five business days of the date of enrollment, and before the commencement of classes, all monies specific to the enrollment agreement shall be refunded;

(b) If cancellation occurs after five business days of the date of enrollment, and before the commencement of classes, the school may retain only the published registration fee. Such fee shall not exceed 15 percent of the tuition cost, or $250, whichever is less;

(c) If withdrawal or termination occurs after the commencement of classes and before completion of 50 percent of the contracted instruction program, the student shall be charged according to the published class schedule. The student shall be entitled to a pro rata refund of the tuition when the amount paid exceeds the charges owed to the school. In addition to the pro rated tuition, the school may retain the registration fee, book and supply fees, and other legitimate charges owed by the student;

(d) If withdrawal or termination occurs after completion of 50 percent or more of the program, the student shall be obligated for the tuition charged for the entire program and shall not be entitled to any refund;

(e) The enrollment agreement shall be signed and dated by both the student and the authorized school official. For cancellation of the enrollment agreement referenced in subsections (1)(a) and (b) of this rule, the "date of enrollment" will be the date that the enrollment agreement is signed by both the student and the school official, whichever is later.

(2) Published Class Schedule (for the purpose of calculating tuition charges) means the period of time between the commencement of classes and the student's last date of attendance as offered by the school and scheduled by the student.

(3) The term "Pro rata Refund" means a refund of tuition that has been paid for a portion of the program beyond the last recorded date of attendance.

(4) When a program is measured in clock hours, the portion of the program for which the student will be charged is determined by dividing the total clock hours into the number of clock hours accrued according to the published class schedule as of the last date of attendance.

(5) When a program is measured in credit hours, the portion of the program for which the student will be charged is determined by dividing the total number of weeks into the number of weeks accrued according to the published class schedule as of the last date of attendance.

(6) For other measurements of time such as days or weeks, the portion of the enrollment period for which the student will be charged is determined by dividing the total number of days or weeks into the number of days or weeks, accrued according to the published class schedule as of the last date of attendance.

(7) The term "tuition cost" means the charges for instruction including any lab fees. "Tuition cost" does not include application fees, registration fees, or other identified program fees and costs. The school shall adopt and publish policies regarding the return of resalable books and supplies and/or the prorating of user fees, other than lab fees.

(8) The school shall not charge a withdrawal fee of more than $25.

(9) The school may adopt and apply refund calculations more favorable to the student than those described under this policy.

(10) When a cancellation, withdrawal, termination, or completion occurs, a calculation of all allowable charges under this rule shall be made. If such calculations evidence that the school received total payments greater than its allowable charges:

(a) Within 40 days after notification of such cancellation, withdrawal, termination, or completion, a written statement showing allowable charges and total payments received shall be delivered to the student by the school, together with a refund equal in amount to monies paid to the school in excess of those allowable charges;

(b) In the event payments to a student account are derived from federal and/or state tuition assistance program(s), including student loan programs, regulations governing refund notification and awarding within respective program(s) shall prevail in lieu of paragraph (a) of this subsection, but only with respect to the covered portions thereof; and

(c) In the event payments to a student account are derived from a sponsoring public agency, private agency, or any source other than the student, the statement of charges and payments received together with an appropriate refund described under paragraph (a) of this subsection may be delivered instead to such party(ies) in interest, but only with respect to the covered portions thereof.

(11) In case of disabling illness or accident, death in the immediate family, or other circumstances beyond the control of the student that causes the student to leave school, the school shall arrange a prorated tuition settlement that is reasonable and fair to both parties.

(12) A school shall be considered in default of the enrollment agreement when a course or program is discontinued or canceled or the school closes prior to completion of contracted services. When a school is in default, student tuition may be refunded by the school on a pro rata basis. The pro rata refund shall be allowed only if the Commission determines that the school has made provision for students enrolled at the time of default to complete a comparable program at another institution. The provision for program completion shall be at no additional cost to the student in excess of the original contract with the defaulting school. If the school does not make such provision, a refund of all tuition and fees shall be made by the school to the students.

History

Statutory/Other Authority: ORS 345.115
Statutes/Other Implemented: ORS 345.115
HECC 2-2026, amend filed 02/13/2026, effective 02/13/2026
Renumbered from 581-045-0036 by HECC 2-2014, f. & cert. ef. 4-23-14
Renumbered from 581-045-0026, ODE 15-2006, f. 12-11-06, cert. ef. 1-1-07
ODE 17-2003, f. 12-30-03, cert. ef. 1-1-04
ODE 21-2002, f. 9-26-02 cert. ef. 10-1-02
ODE 32-2000, f. 12-11-00 cert. ef. 1-1-01
EB 13-1996, f. & cert. ef. 7-26-96
EB 41-1990, f. & cert. ef. 7-10-90
EB 11-1990, f. & cert. ef. 2-1-90
1EB 30-1986, f. & ef. 7-23-86
1EB 24-1978, f. 6-30-78, ef. 7-1-78

Or. Admin. R. 715-045-0037 Cancellation and Refund Policies: Distance Learning Instruction

(a) If cancellation occurs within 5 business days of the date of enrollment and lesson materials have not been delivered, all monies related to the enrollment agreement shall be refunded;

(b) If cancellation occurs within 5 business days of the date of enrollment and lesson materials have been delivered, all monies related to the enrollment agreement shall be refunded with the exception of the cost of unreturned lesson materials or the cost of replacement for returned materials that are damaged or marked;

(c) If cancellation occurs after five business days of the date of enrollment and the lesson materials have been shipped but not delivered to the student:

(A) The school may charge an amount equal to 15 percent of the tuition cost, or $250, whichever is less; that being established as its registration fee;

(B) If the student returns the unopened books and supplies to the school within five days of receipt, the school will refund the total cost of lesson materials.

(d) If cancellation occurs after five business days of the date of enrollment and the lesson materials have been delivered to the student but not returned within five days of receipt, and before the completion of the first lesson assignment, the school may charge:

(A) An amount equal to 15 percent of the tuition cost, or $250, whichever is less; that being established as its registration fee; and

(B) The total cost of books and supplies.

(e) If withdrawal or termination occurs after the completion of the first lesson assignment and before 50 percent of the total lesson assignments are completed, the student shall be entitled to a pro rata refund of the tuition when the amount paid for the instructional program exceeds the charges owed to the school. In addition to the pro rated tuition charge, the school may retain the registration fee, book and supply fees, and any other legitimate charges owed by the student;

(f) If withdrawal or termination occurs after completion of 50 percent or more of the total lesson assignments, the student shall be obligated for the tuition charged for the entire instructional program and shall not be entitled to any refund;

(2) For cancellation under subsection (1) of this rule, the "date of enrollment" will be determined:

(a) When enrollment occurs by a document exchange through a mail delivery service, the enrollment date shall be the date the enrollment agreement is signed by both the student and the authorized school official, whichever is later;

(b) When the enrollment occurs online, the date of enrollment will be the date the school receives:

(A) A copy of the enrollment agreement signed by the student and the student is granted access to the program; or

(B) Submission of student enrollment information through a secured website. The website must have a registration process that includes, but is not limited to, statements detailing the legal and financial obligations related to enrollment in a school. The student must verify that he/she has read and understands the enrollment agreement. A copy of the student enrollment agreement information that includes "a declaration by the student acknowledging the reading, understanding and acceptance of the enrollment obligations" shall be placed in the student file in lieu of a signed enrollment agreement.

(3) When a program is measured in lesson assignments, the portion of tuition cost for which the student will be charged is determined by dividing the number of lesson assignments completed by the total number of lesson assignments for the program.

(4) A program that includes both distance learning and resident instruction must state separately on the enrollment agreement the costs for the distance learning portion of the program and the costs for the resident portion. The appropriate refund policies for distance learning and resident instruction will apply for each portion of the program.

(5) Resident instruction dates must be scheduled by the time the student completes 50 percent of the distance learning portion of the program.

(a) For the resident portion, charges can be assessed only after a student attends the first resident class session;

(b) Maximum charges shall be calculated by applying the pro rata refund requirements established under subsection (1) of this rule; and

(c) In the event that a school denies a student entrance in the residence portion of the program because of scheduling delays exceeding 30 days between completion of the distance learning portion and commencement of the residence portion, or other changes in contract conditions, all tuition paid for both the distance learning and scheduled residence portions must be refunded.

(6) "Withdrawal or Termination" is acknowledged to have occurred when:

(a) Written notice of same is provided to the school by the student; or

(b) The student has failed to submit completed lesson assignments and/or to otherwise maintain the school's published standards of satisfactory progress; or

(c) In the instance of a resident portion of a program, the student has failed to attend classes and/or to otherwise maintain the school's published standards for satisfactory progress.

(7) The term "tuition cost" means the charges for instruction including any lab fees. Tuition cost does not include application fees, registration fees, or other identified program fees and costs. The school shall adopt and publish policies regarding the return of resalable books and supplies and/or the prorating of user fees, other than lab fees.

(8) The term "Pro rata refund" means a refund of tuition paid for that portion of the program not completed by the student.

(9) The school shall not charge a withdrawal fee of more than $25.

(10) The school may adopt and apply refund calculations more favorable to the student than those described under this policy.

(11) When a cancellation, withdrawal, termination, or completion occurs, a calculation of all allowable charges under this rule shall be made. If such calculations evidence that the school received total payments greater than its allowable charges:

(b) In the event payments to a student account are derived from federal and/or state tuition assistance program(s), a sponsoring public agency, private agency, or any source other than the student, the statement of charges and payments received together with an appropriate refund described under paragraph (a) of this subsection may be delivered instead to such party(ies) in interest, but only with respect to the covered portions thereof.

(12) In case of disabling illness or accident, death in the immediate family, or other circumstances beyond the control of the student that causes the student to leave school, the school shall arrange a prorated tuition settlement that is reasonable and fair to both parties.

(13) A school shall be considered in default of the enrollment agreement when a functioning course or program is discontinued or canceled or the school closes prior to completion of contracted services. When a school is in default, student tuition may be refunded by the school on a pro rata basis. The pro rata refund shall be allowed only if the Commission determines that the school has made provision for students enrolled at the time of default to complete a comparable program at another institution. The provision for program completion shall be at no additional cost to the student in excess of the original contract with the defaulting school. If the school does not make such provision, a refund of all tuition and fees shall be made by the school to the students.

History

Statutory/Other Authority: ORS 345.115
Statutes/Other Implemented: ORS 345.115
HECC 2-2026, amend filed 02/13/2026, effective 02/13/2026
Renumbered from 581-045-0037 by HECC 2-2014, f. & cert. ef. 4-23-14
Renumbered from 581-045-0027, ODE 15-2006, f. 12-11-06, cert. ef. 1-1-07
ODE 32-2000, f. 12-11-00 cert. ef. 1-1-01
EB 13-1996, f. & cert. ef. 7-26-96
EB 41-1990, f. & cert. ef. 7-10-90
EB 11-1990, f. & cert. ef. 2-1-90
1EB 31-1986, f. & ef. 7-23-86

Or. Admin. R. 715-045-0038 Cancellation and Refund Policy: Self-Directed Instruction (Clock Hour Program/Lesson Based)

(a) If cancellation occurs within five business days of the date of enrollment, and lesson materials have not been delivered, all monies specific to the enrollment agreement shall be refunded;

(c) If cancellation occurs after five business days of the date of enrollment and the lesson materials have been shipped but not delivered to the student:

(A) The school may charge an amount equal to 15 percent of the tuition cost, or $250, whichever is less; that being established as its registration fee;

(B) If the student returns the unopened books and supplies to the school within five days of receipt, the school will refund the total cost of lesson materials.

(d) If cancellation occurs after five business days of the date of enrollment and lesson materials have been delivered to the student but not returned within five days of receipt, and before the commencement of the accrual of clock-hours or the completion of the first lesson, the school may charge:

(A) An amount equal to 15 percent of the tuition cost, or $250, whichever is less; that being established as its registration fee; and

(B) The total cost of books and supplies.

(e) If withdrawal or termination occurs after the commencement of the accrual of clock-hours or the completion of the first lesson assignment and before either 50 percent of the program has been offered, or before 50 percent of the program clock-hours or lesson assignments are completed, the student shall be entitled to a pro rata refund of the tuition when the amount paid exceeds the charges owed to the school. In addition to the pro-rated tuition charge, the school may retain the registration fee, book and supply fees, and any other legitimate charges owed by the student;

(f) If withdrawal or termination occurs after completion of 50 percent or more of the program has been offered or after completion of 50 percent or more of the program clock-hours or lesson assignments, whichever occurs first, the student shall be obligated for the tuition charged for the entire instructional program and shall not be entitled to any refund.

(2) For cancellation under subsections (1) of this rule, the "date of enrollment" will be determined:

(a) When enrollment occurs in the school setting, the enrollment date shall be the date the enrollment agreement is signed by both the student and the authorized school official, whichever is later;

(b) When enrollment occurs online, the date of enrollment will be the date the school receives:

(A) A copy of the enrollment agreement signed by the student, and the student is granted access to the program, or

(3) Under subsection (1) of this rule, the term "offered" means the period of time between the beginning date and ending date of the program as identified on the enrollment agreement.

(4) Under subsection (1) of this rule, the portion of tuition cost for which the student shall be charged is determined by dividing the total clock hours into the number of clock hours accrued by the student, or the total number of lessons into the number of lessons completed by the student.

(5) The term "tuition cost" means the charges for instruction including any lab fees. Tuition cost does not include application fees, registration fees, or other identified program fees and costs. The school shall adopt and publish policies regarding the return of resalable books and supplies and/or the prorating of user fees, other than lab fees.

(6) The term "Pro rata refund" means a refund of tuition paid for that portion of the program not completed by the student.

(7) The school shall not charge a withdrawal fee of more than $25;

(8) The school may adopt and apply refund calculations more favorable to the student than those described under this policy.

(9) When a cancellation, withdrawal, termination, or completion occurs, a calculation of all allowable charges under this rule shall be made. If such calculations evidence that the school received total payments greater than its allowable charges:

(c) In the event payments to a student account are derived from a sponsoring public agency, private agency, or any source other than the student, the statement of charges and payments received together with an appropriate refund described under section (9)(a) of this rule may be delivered instead to such party(ies) in interest, but only with respect to the covered portions thereof.

(10) In case of disabling illness or accident, death in the immediate family, or other circumstances beyond the control of the student that causes the student to leave school, the school shall arrange a prorated tuition settlement that is reasonable and fair to both parties.

(11) A school shall be considered in default of the enrollment agreement when a course or program is discontinued or canceled or the school closes prior to completion of contracted services. When a school is in default, student tuition may be refunded by the school on a pro rata basis. The pro rata refund shall be allowed only if the Commission determines that the school has made provision for students enrolled at the time of default to complete a comparable program at another institution. The provision for program completion shall be at no additional cost to the student in excess of the original contract with the defaulting school. If the school does not make such provision, a refund of all tuition and fees shall be made by the school to the students.

History

Statutory/Other Authority: ORS 345.115
Statutes/Other Implemented: ORS 345.115
HECC 2-2026, amend filed 02/13/2026, effective 02/13/2026
Renumbered from 581-045-0038 by HECC 2-2014, f. & cert. ef. 4-23-14
ODE 15-2006, f. 12-11-06, cert. ef. 1-1-07

Or. Admin. R. 715-045-0039 Cancellations, Tuition and Refund Policies: Exceptions

(1) A school may adopt a refund or cancellation policy different from the policies described under OAR 715-045-0036, 715-045-0037, and 715-045-0038 only if:

(a) The policy is more favorable to the student than what those respective rules require; or

(b) The school enters into contractual arrangements for training services where the costs are paid by a contract with another agency, and no refund liability is created between those students and the school.

(2) The Executive Director of the Higher Education Coordinating Commission may, upon request, establish an alternative refund policy for a school that offers courses or programs with such an organizational structure that application of the refund policies prescribed, if applied, would cause unfair results to either the school or enrollees.

History

Statutory/Other Authority: ORS 345.115
Statutes/Other Implemented: ORS 345.115
Renumbered from 581-045-0039 by HECC 2-2014, f. & cert. ef. 4-23-14
Renumbered from 581-045-0028, ODE 15-2006, f. 12-11-06, cert. ef. 1-1-07
ODE 21-2002, f. 9-26-02 cert. ef. 10-1-02
ODE 32-2000, f. 12-11-00 cert. ef. 1-1-01
EB 13-1996, f. & cert. ef. 7-26-96
EB 11-1990, f. & cert. ef. 2-1-90
1EB 31-1986, f. & ef. 7-23-86

Or. Admin. R. 715-045-0060 Standards Governing Recruitment for Private Career Schools and their Agents

All agents and schools will be subject to the following conditions of this rule:

(1) A school shall provide training to admissions staff that includes:

(a) Knowledge of the Oregon Private Career School laws, and rules; and

(b) Detailed understanding of the school's catalog, admission standards, application fee if charged, enrollment agreement/contract, refund policy, other written school policies, and code of ethical conduct when dealing with prospective students and parent(s) or guardian(s).

(2) As the recruitment of prospective students relates to admissions policies and practices:

(a) The school or agent shall clearly explain to each applicant for enrollment the nature of the course under consideration and what the training can reasonably be expected to do for the student in preparation for or furtherance of a trade or occupation;

(b) The school shall not enroll, and no agent or any person involved in recruitment or admission shall recommend for enrollment, any person without having reason to believe that the person is likely to succeed in and benefit from the proposed training or course of instruction;

(c) Where a school or agent enrolls a person who does not meet regular basic admission qualifications of the school, the school must have a written record of the reasons why the enrollee was permitted to enroll, and be prepared to justify its action in accepting the enrollment;

(d) No school or agent may accept an enrollment from a person of compulsory school age, nor one attending a school of elementary or secondary level, until the agent has written assurance from the enrollee's parent, guardian, or principal of the elementary or secondary school attended, that pursuit of the course would not be detrimental to enrollee's regular school work; and

(e) The school must produce, upon demand of the Higher Education Coordinating Commission, documents attesting to completion of subsection (1)(a) and (b) of this rule and, when applicable, subsection (1)(c) and (d) of this rule.

(3) As recruitment of prospective students relates to enrollment agreements or contracts:

(a) The enrollment agreement or contract must clearly outline obligations of both school and student, and a copy of the enrollment agreement or contract must be furnished the student by the agent before payment is made;

(b) The school or agent must inform each applicant of the nature of the obligation entered into and the responsibilities and rights of the student under the enrollment agreement or contract before the student signs the document. Evidence of compliance with this will be the student's signature on file at the school verifying receipt of a copy of the contract as well as other documents required in OAR 715-045-0018;

(c) The total tuition for any specific course must be the same for all persons enrolling at a specific time, except that a group-training contract showing lower individual rates may be negotiated;

(d) Tuition changes in courses shall be effective on specific dates and applicable to all who enroll thereafter; and

(e) All charges and costs incidental to training must be revealed by the school or agent to the prospective student before any enrollment agreement or contract is signed.

(4) As recruitment of prospective students relates to advertising and promotional literature: No bonus or other incentive may be given a prospective student for the purpose of enticing the student to sign an enrollment agreement other than that which is offered to all students in a special promotional effort. This rule does not prohibit a school from establishing a bona fide program with clearly identified criteria.

(5) As recruitment of prospective students relates to the school's responsibility for its agents:

(a) The school is responsible for ensuring that the agent has been provided training and is knowledgeable about the school's:

(A) Beginning, history, and owners;

(B) Program of studies;

(D) Admission and assessment requirements;

(E) Graduation requirements;

(F) Rules and regulations;

(G) Financial policies and procedures;

(H) Governance by Oregon private career school law and rules;

(I) Relationship to applicable consumer protection laws; and

(J) Code of ethical conduct when dealing with prospective students and parent(s) or guardian(s).

(b) The school is responsible for all advertising or promotional literature used by its agents;

(c) The school or agent must provide the student a receipt for all money collected and a copy of the enrollment agreement;

(d) No person who has any responsibility for the recruitment of students shall use the title of counselor, advisor, or any term of similar import, as determined by the Commission. Persons responsible for student recruiting may use the titles of admissions representative, career consultant, or other similar titles. The use of such titles shall be allowed so long as neither the school nor any such titled person represents, either directly or by implication, that they are acting on behalf of the prospective student rather than on behalf of the school;

(e) No school or agent may discredit other schools or agents in any manner that may influence a student to leave another school or discourage a student from signing an enrollment agreement with another school; and

(f) All schools and their agents shall comply with all standards set forth in OAR 715-045-0033 and 581-045-0034 concerning advertising and promotional material.

History

Statutory/Other Authority: ORS 345.040 & 345.325
Statutes/Other Implemented: ORS 345.040
HECC 2-2026, amend filed 02/13/2026, effective 02/13/2026
Renumbered from 581-045-0060 by HECC 2-2014, f. & cert. ef. 4-23-14
ODE 15-2006, f. 12-11-06, cert. ef. 1-1-07
ODE 21-2002, f. 9-26-02 cert. ef. 10-1-02
ODE 32-2000, f. 12-11-00 cert. ef. 1-1-01
ODE 23-2000(Temp), f. 7-27-00, cert. ef. 7-27-00 thru 1-22-01
EB 13-1996, f. & cert. ef. 7-26-96
EB 11-1990, f. & cert. ef. 2-1-90
1EB 30-1986, f. & ef. 7-23-86
1EB 257, f. 1-3-77, ef. 7-1-77

Or. Admin. R. 715-045-0061 Private Career School Agents

(1) An agent shall be a person who has attained the age of 18 years, is of good moral character and is otherwise competent and qualified to safeguard and protect the interests of the public.

(2) No person shall act in the state as an agent for a private career school unless the Commission has received the agent's registration.

(3) Agents shall be considered registered only when the school notifies the Commission in writing of the name, address, date of employment, and geographic territory for each agent.

(4) For licensing purposes, registered agents shall be considered employees of the school.

(5) No agent shall begin recruiting students until completing school-provided training in the areas identified in OAR 715-045-0060(5)(a).

(6) The school shall be responsible for developing identifying credentials and passport pictures for each of its agents. The credentials shall remain the property of the school. The identifying credentials shall include:

(a) The full name and address of the agent;

(b) The full name and address of the career school to be represented; and

(7) The school shall immediately notify the Executive Director of the Higher Education Coordinating Commission of the termination of employment of an agent and demand return of the agent's credentials.

(8) The school may be fined for failure to keep its agent files current and accurate.

(9) Agents, when representing more than one school, shall disclose to each employing institution that they are employed by more than one school.

(10) Agents, when representing a school, shall:

(a) Report first to the administrative offices of any high school or college before conducting any student interviews or presentations;

(b) Make no statements which are false, misleading or fraudulent;

(c) Respond with all facts about the school the prospective student may wish to know prior to the making of an enrollment decision;

(d) Use only advertising that complies with OAR 715-045-0033 and 715-045-0034;

(e) Provide a copy of the school's catalog/brochure to high school administrators or counselors prior to making any presentation at a high school;

(f) Disclose information on tuition and other instructional costs upon request by prospective students;

(g) Explain to the student payment obligations before the student signs the enrollment agreement, and explain the school's refund policy;

(h) Make clear the school's academic policies and code of conduct;

(i) Accurately describe the school's facilities and living accommodations, and explain living costs;

(j) Give a report on current job prospects;

(k) Make available for review samples of the school's distance learning lessons prior to the signing of the enrollment agreement;

(l) Explain the school's placement assistance, and provide placement statistics;

(m) Explain the school's admissions criteria;

(n) Provide a copy of the enrollment agreement and fully explain all terms and conditions;

(o) Suggest that the prospective student visit the school to talk with teachers, guidance counselors, employment counselors and students; and

(p) Wear identifying credentials at all times when involved in recruitment activities outside of the school.

(11) Agents shall not:

(a) Make false, inaccurate or misleading statements concerning any degree, certificate or diploma offered by the school;

(b) State that credits from the school are transferable unless such claims are supported by documentation in the school's files and provided to and on file with the commission. The agent shall, at the time of representation, identify each school or type of school and program which accepts such credits. The agent shall clearly and conspicuously disclose all limitations on such transferability; for example, it is not possible to transfer credits from a certificate program to a degree program;

(c) Recommend a prospective student for acceptance if the agent does not have reason to believe the student has a chance to succeed;

(d) Distribute distance learning lessons if to do so limits the student's right to cancel the enrollment within five business days of signing and receive a full refund of all monies paid to the school;

(e) Collect any fee other than the application fee prior to the student's official admittance; or

(f) Represent that any commodity or service is free when, in fact, such commodity or service is regularly included as part of a course for which tuition or any other fee is paid.

(12) The school shall monitor its agent's activities and sales and marketing practices and immediately investigate and resolve complaints about their activities. The school shall be accountable for the adherence of its agents to ORS Chapter 345 and OAR chapter 581, division 45.

History

Statutory/Other Authority: ORS 345.325 & 345.040
Statutes/Other Implemented: 345.040
HECC 2-2026, amend filed 02/13/2026, effective 02/13/2026
Renumbered from 581-045-0061 by HECC 2-2014, f. & cert. ef. 4-23-14
ODE 15-2006, f. 12-11-06, cert. ef. 1-1-07
Renumbered from 581-045-0050, ODE 32-2000, f. 12-11-00 cert. ef. 1-1-01
EB 13-1996, f. & cert. ef. 7-26-96
EB 11-1990, f. & cert. ef. 2-1-90
1EB 30-1986, f. & ef. 7-23-86
1EB 25-1978, f. 6-30-78, ef. 7-1-78
1EB 131, f. 5-19-72, ef. 6-1-72
1EB 119, f. & ef. 7-19-68

Or. Admin. R. 715-045-0062 Application for Private Career School License Renewal

(1) Each school shall annually renew its license. At least 60 calendar days prior to the anniversary date of its license, the school must file with the Higher Education Coordinating Commission a completed application for license renewal, including:

(a) Current financial reports as required by OAR 715-045-0032;

(b) Financial report certification form signed by the school’s owner or chief administrative officer;

(d) A copy of the catalog that will be in effect for the instructional year that commences during the reporting period for which the license is being renewed. The catalog submission must include an indication of changes that have been made to the structure or wording of the catalog contents;

(e) A copy of any student handbook, addendums, or supplements to the school catalog, and any additional policies and requirements provided to the student that will be in effect for the instructional year that commences during the reporting period for which the license is being renewed. Submission of these materials must include an indication of changes that have been made to the structure or wording of these materials as previously approved by the Department;

(f) Copies of any advertising materials used to recruit new students;

(g) Affidavit of ownership form, signed by all owners holding more than 10% ownership in the school, or by the chief corporate officer (other than the campus president) for publicly held companies;

(h) Affidavit of non-delinquency for student refunds, signed by the school owner or chief administrative officer, as described by OAR 715-045-0032(1)(f);

(i) Student enrollment, completion, and placement information as described in subsection (3) of this rule;

(j) Roster of all instructional staff utilized during the reporting period with dates of service and gross earnings paid;

(k) Information regarding changes to the instructional design as described in subsection (4) of this rule;

(l) License renewal fee and any outstanding penalties, late fees, or other charges owing to the commission.

(2) If a school has been licensed for three years or more and there are no changes in the school's structure, the commission’s executive director may allow the school to submit an abbreviated renewal application that confirms the school's compliance with applicable Oregon Revised Statutes and Oregon Administrative Rules. Such abbreviated renewal application shall include the required renewal fee.

(3) The school must provide the following information on the forms provided by the commission for the reporting period:

(a) Names and enrollment information for all students continuing from the prior enrollment period;

(b) Names and enrollment information for all students who enrolled in the program during the reporting period;

(c) Names and enrollment information for all students who left the program without completing it during the reporting period;

(d) Names and enrollment information for all students who transferred between programs during the reporting period;

(e) Names and enrollment information for all students who were graduated from the program during the reporting period; and

(f) Names of those who graduated and were placed or are working in directly related occupations during the reporting period, along with employer information.

(4) If any changes have occurred in the instructional design for any course or program during the previous reporting period or changes are anticipated during the new reporting period, these changes will be submitted to the commission for review and approval.

(5) If the applicant school accepts enrollment of minors, or employs agents who have contact with persons under the age of 18 on behalf of the applicant school, the provisions of OAR 715-045-0003 will apply to any subject individuals the school currently employs or proposes to hire.

(6) An application for renewal of license shall be considered late if not postmarked (or date stamped if hand delivered to the commission) before or on the due date. The executive director, as allowed under ORS 345.995 and OAR 715-045-0190, may impose a late fee for each calendar day the renewal application is late. Such fees, where applicable, shall be included with the renewal application.

(7) The commission may invoke license suspension as defined in OAR 715-045-0001 and begin license revocation procedures when:

(a) A school fails to submit the application for license renewal by the due date as described in subsection (1) of this rule;

(b) The application does not include accurate or adequate, or complete materials necessary for license renewal; or

(c) The school has been issued a notice for corrective action and is not making satisfactory progress to comply with all provisions of the program improvement plan.

(8) License renewal may be denied when a renewal application is incomplete or received by the commission less than 30 days before the license expiration date, except that the Executive Director may grant an extension of the current license pending completion of the renewal application if requested by the school. Pursuant to ORS 183.484, denial of license renewal on these grounds is an order in other than a contested case. Appeal of the decision to deny may be made by written request to the Circuit Court within 60 days of the issuance of the denial order.

(9) The executive director may conditionally approve a license renewal providing a school agrees to a program improvement plan acceptable to the executive director. Conditional license approval shall be subject to the provisions of ORS 345.030(8). The conditional license issued by the commission shall include the period and dates of effectiveness of the license.

(10)(a) The Executive Director may temporarily extend the expiration date of a license already issued upon request by a licensed school provided Oregon is under a declaration of emergency or executive order that the Executive Director, in their discretion, believes impairs the ability of a school to renew a license and remit the associated fee. An extension shall be for a period of three months from the initial expiration date and may be renewed for a period of time not exceeding one year provided such declaration of emergency or executive order remains in effect at the time the extension is issued.

(b) A school granted a license extension pursuant to this section shall submit to the Executive Director all required license renewal materials, except for license fees, at the time required pursuant to the terms of their license as though it was not extended.

(c) Notwithstanding the provisions of subsections (a) and (b) of this section limiting the renewal of license extensions, if a license extended pursuant to this section expires fewer than 90 days from the day the Governor, through repeal or further executive action, cancels any applicable declaration of emergency or executive orders, the license shall automatically be further extended and shall expire 90 days after such repeal or executive action.

(d) Upon expiration of a license extended pursuant to this subsection, the Executive Director shall collect a nonrefundable fee as published in this rule and, provided all requirements are met, shall issue a license that expires one year from the date of expiration of the license previously issued, as though it was not extended.

History

Statutory/Other Authority: ORS 345.030
Statutes/Other Implemented: ORS 345.030
HECC 3-2026, amend filed 08/14/2026, effective 08/14/2026
HECC 4-2020, amend filed 09/23/2020, effective 09/23/2020
HECC 2-2020, temporary amend filed 04/10/2020, effective 04/10/2020 through 10/06/2020
HECC 4-2019, amend filed 02/24/2019, effective 02/24/2019
Renumbered from 581-045-0062 by HECC 2-2014, f. & cert. ef. 4-23-14
ODE 16-2010, f. 11-15-10, cert. ef. 1-1-11
ODE 3-2010, f. & cert. ef. 2-8-10
ODE 15-2006, f. 12-11-06, cert. ef. 1-1-07
ODE 21-2002, f. 9-26-02 cert. ef. 10-1-02
Renumbered from 581-045-0004 by ODE 32-2000, f. 12-11-00 cert. ef. 1-1-01
EB 13-1996, f. & cert. ef. 7-26-96

Or. Admin. R. 715-045-0063 Factors of Financial Responsibility

(1) To retain its license a school must demonstrate to the Higher Education Coordinating Commission that it is financially responsible under the requirements established in this rule.

(2) The commission considers a school to be financially responsible only if it:

(a) Is able to provide the services described in its official publications and statements;

(b) Is able to provide the administrative resources necessary to comply with the requirements of this subpart;

(A) Refunds that it is required to make; and

(B) Repayments to the U.S. Department of Education for liabilities and debts incurred in programs administered by the U.S. Department of Education.

(d) Demonstrates at the end of its latest fiscal year, a ratio of current assets to current liabilities of at least 1:1;

(e) Had, for its latest fiscal year, a positive net worth. For the purposes of this section, a positive net worth occurs when the school's assets exceed its liabilities;

(f) Has not had operating losses over both of its two latest fiscal years. In applying this standard, the commission’s executive director may consider the effect of unusual events such as natural disasters;

(g) Has not had, for its latest fiscal year, an operating deficit exceeding 10 percent of the institution's net worth. For purposes of this section, an operating deficit occurs when operating expenses exceed revenues from current business activities; and

(h) Has not had, as part of the documents prepared by its independent accountant on its audited and certified financial statements for the institution's most recently completed fiscal year, a statement from the accountant acknowledging substantial doubt about the institution's ability to continue as a going concern.

(3) A school that is determined by the executive director not to be financially responsible may be considered "at-risk," and will be required to follow the procedures cited in OAR 715-045-0066.

(4) The executive director may waive or modify all or part of the requirements in subsections (1) through (3) of this rule for schools offering prelicense programs or courses.

History

Statutory/Other Authority: ORS 345.325 & 345.030
Statutes/Other Implemented: ORS 345.325
HECC 2-2026, amend filed 02/13/2026, effective 02/13/2026
Renumbered from 581-045-0063 by HECC 2-2014, f. & cert. ef. 4-23-14
Renumbered from 581-045-0017, ODE 32-2000, f. 12-11-00 cert. ef. 1-1-01
EB 13-1996, f. & cert. ef. 7-26-96

Or. Admin. R. 715-045-0064 Student Completion and Placement

(1) Schools shall submit true and correct data annually to the Higher Education Coordinating Commission which identifies completion and placement rates for each approved program. These rates shall be computed by individual programs and substantiated by worksheets and records.

(2) Any school failing to maintain completion and placement rates for each approved program of at least 50 percent may be issued a notice for corrective action.

(3) The commission’s executive director may withdraw approval of any program that fails to maintain completion and placement rates of at least 50 percent for two consecutive reporting periods. Unusual cause or circumstance will be considered by the commission and exceptions may be granted.

(4) The executive director may require the name, address, and telephone number of any or all graduates and employers accounted for in subsection (1) of this rule for verification and reporting purposes.

(5) The executive director, upon written request from a school, may waive or modify all or part of the requirements of the annual submission of student placement data

History

Statutory/Other Authority: ORS 345.080
Statutes/Other Implemented: ORS 345.080 & 2017 Oregon Laws Chapter 422
HECC 4-2019, amend filed 02/24/2019, effective 02/24/2019
Renumbered from 581-045-0064 by HECC 2-2014, f. & cert. ef. 4-23-14
ODE 15-2006, f. 12-11-06, cert. ef. 1-1-07
ODE 32-2000, f. 12-11-00 cert. ef. 1-1-01

Or. Admin. R. 715-045-0065 Inspection and Periodic Review

(1) A school shall provide the Higher Education Coordinating Commission access to all information, records, physical facilities, school employees, and other parties (including advisory groups, administrators, students and graduates) as may be necessary to verify compliance with Oregon Revised Statutes, ORS 345.010 to 345.450, or standards of OAR Chapter 715 Division 045.

(2) A school shall permit the commission’s executive director to conduct an investigation or on-site review of the school with or without notice. When requested, the school must provide the executive director with true and accurate information including but not limited to records and documents.

(3) A school located in Oregon may be inspected on an annual basis or as the executive director determines necessary.

(4) A school may be reviewed to determine whether the school has and is adhering to policies and procedures in such areas as its programs, services and staff conduct.

(5) Whenever an inspection or other investigation reveals lack of compliance with Oregon Revised Statutes, ORS 345.010 to 345.450 or standards of OAR Chapter 715 Division 045, the executive director may issue a notice for corrective action by certified mail. When deemed appropriate the executive director may initiate immediate license suspension or revocation proceedings and schools will be provided due process through the provisions allowed in subsection (5)(c) of this rule. If the executive director elects to issue a notice for corrective action, the school shall have 20 calendar days after date of notification to report on actions that have been taken to correct these deficiencies:

(a) The school's response shall indicate corrective action taken and/or a program improvement plan for correcting any remaining deficiencies;

(b) If violations cited are not corrected, or if a program improvement plan submitted to correct the violations is not acceptable to the executive director, the executive director may review and determine if further action may be warranted.

(c) The school may request a hearing within 21 calendar days of receipt of the commission's notice to revoke or suspend the school's license; and

(d) A school whose license has been placed on suspension shall not be permitted to engage in any advertising, recruitment or student enrollment activities, or begin the instruction of any new students during the period of suspension.

History

Statutory/Other Authority: ORS 345.080
Statutes/Other Implemented: ORS 345.080 & 2017 Oregon Laws Chapter 422
HECC 2-2026, amend filed 02/13/2026, effective 02/13/2026
HECC 4-2019, amend filed 02/24/2019, effective 02/24/2019
Renumbered from 581-045-0065 by HECC 2-2014, f. & cert. ef. 4-23-14
ODE 17-2003, f. 12-30-03, cert. ef. 1-1-04
ODE 32-2000, f. 12-11-00 cert. ef. 1-1-01

Or. Admin. R. 715-045-0066 At-Risk School

(1) The Commission may deem a school "at-risk" if the Commission determines, based on evidence, that the school has a pattern or history of one or more of the following conditions, considering up to three years prior to the determination:

(a) Failure to meet the standards of financial responsibility or reporting;

(b) Misrepresentation;

(d) A decrease in enrollment from the previous annual reporting period of 50 percent or more or 25 students, whichever is greater;

(e) Staff turnover from the previous annual reporting period of 50 percent or more or three staff, whichever is greater.

(2) The school owner and/or director shall be required to meet with the Commission to discuss the conditions. If conditions listed in paragraphs (d) and (e) of subsection (1) can be shown to be caused by unusual circumstance or reason the school may request an exemption from an “at-risk” designation. Exemption requests will be evaluated by the Commission.

(3) A school determined to be "at-risk" at any time, will be required to provide:

(a) A school improvement plan acceptable to the executive director within 30 days after meeting with commission staff;

(b) A letter of credit if appropriate; and

(c) A monthly report for up to 12 months. During that time the school shall demonstrate improvement or the executive director may review and determine if further action may be warranted.

History

Statutory/Other Authority: ORS 345.120
Statutes/Other Implemented: ORS 345.120 & 2017 Oregon Laws Chapter 422
HECC 2-2026, amend filed 02/13/2026, effective 02/13/2026
HECC 4-2019, amend filed 02/24/2019, effective 02/24/2019
Renumbered from 581-045-0066 by HECC 2-2014, f. & cert. ef. 4-23-14
ODE 21-2002, f. 9-26-02 cert. ef. 10-1-02
Renumbered from 581-045-0024 by ODE 32-2000, f. 12-11-00 cert. ef. 1-1-01
EB 13-1996, f. & cert. ef. 7-26-96

Or. Admin. R. 715-045-0067 School Closure

(1) In the event a school closes, the school shall file a plan with the Higher Education Coordinating Commission designed to protect the contractual rights of its students and graduates, including the right to complete the course of instruction in which they were enrolled. The school shall return its license to the Commission immediately by certified mail upon cessation of instruction, except as provided in 715-045-0069

(2) A school that is closing, either voluntarily or involuntarily, shall:

(a) Inform the Commission of this action by certified mail at least 30 calendar days prior to the anticipated cessation of instruction and other normal school business practices. Such notice shall detail the school's closure plan including:

(A) Teach-out arrangements (if made with another school);

(B) The name, address, and telephone number of the person, who will be responsible for closing arrangements;

(C) The name, address, telephone number, and the name of the course of instruction for every student who will not complete their course of instruction; and

(D) The amount of class time left for each student to complete the course with the amount of refund, if any, for which each student is eligible;

(b) Provide written notice to all registered and enrolled students of the school's closure plan at least 30 calendar days prior to closure;

(c) Furnish the Commission with copies of the written notice being mailed to all enrolled students explaining the procedures they are to follow to secure refunds or to continue their education;

(d) File procedures for disbursement of refunds with the Commission and set a date no later than 30 calendar days from the last day of instruction to issue refund checks in the full amount for which students are entitled; and

(e) Within four calendar days of its closing transfer permanent student transcripts and roster of all students enrolled at the time of closure to the Commission. All transcripts of students not enrolled at the time of closure are due to the Commission within 90 calendar days after closure.

(3) If students are receiving instruction prior to the school's closing, the school shall submit a plan, to be approved by the Commission, to ensure that the school's students will continue to receive training of the same quality and content as that for which they contracted.

(4) If the Commission, in any situation in which students are receiving instruction prior to a school's closing, determines that the school has not fulfilled its contractual obligations or that a student has reasonable and justifiable objections to the proposed transfer resulting from the closing, the school shall refund all tuition, fees, and other charges as related to OAR 715-045-0026(6).

(5) If the school to be closed offers a combination of distance learning and resident training, the school shall refund the entire cost of both the distance learning and resident portion paid.

(6) Any school owner, including a corporation and/or any of its officers, involved in the decision to close a school in violation of this section will not be granted a license to operate any other private career school in Oregon.

(7) When a school closes or ceases operation, for any reason, its license is automatically revoked effective the day following the date of closure or cessation of operations, except as provided in 715-045-0069.

History

Statutory/Other Authority: ORS 345.115
Statutes/Other Implemented: ORS 345.115
HECC 2-2026, amend filed 02/13/2026, effective 02/13/2026
HECC 1-2020, amend filed 02/14/2020, effective 02/14/2020
Renumbered from 581-045-0067 by HECC 2-2014, f. & cert. ef. 4-23-14
ODE 21-2002, f. 9-26-02 cert. ef. 10-1-02
Renumbered from 581-045-0031 by ODE 32-2000, f. 12-11-00 cert. ef. 1-1-01
EB 13-1996, f. & cert. ef. 7-26-96

Or. Admin. R. 715-045-0068 Reporting Obligations

(1) Schools must notify the Higher Education Coordinating Commission within 10 days of receipt of a notice from any source that involves

(a) Action against the school; or

(b) Action against owners, directors, administrators, agents, supervisors, and instructors subject to registration, licensure, or approval pursuant to ORS 345.010 to 345.450, including but not limited to disciplinary, licensure, legal, or conviction of any crime and that might affect the person's ability to fulfill the assigned responsibilities.

(2) Upon request of the commission’s executive director, the school must provide the commission with truthful and accurate information regarding the disciplinary action, licensure action, legal action, or conviction of any crime referenced in OAR 715-045-0068(1)(b).

(3) Schools must provide the commission with a copy of any notice of warning, if such notice indicates the school is in immediate jeopardy of losing recognition from that agency, or any notice of suspension or revocation received from any national, regional or state accrediting and/or approval agency within 10 days of receipt of such notice. The school shall at the same time inform the commission in writing of actions being taken to correct the deficiencies cited.

(4) In the event of a school name change, the school shall submit to the commission legal documents from the Secretary of State's office that validates the name change.

History

Statutory/Other Authority: ORS 345.080
Statutes/Other Implemented: ORS 345.080
Renumbered from 581-045-0068 by HECC 2-2014, f. & cert. ef. 4-23-14
ODE 17-2003, f. 12-30-03, cert. ef. 1-1-04
ODE 32-2000, f. 12-11-00 cert. ef. 1-1-01

Or. Admin. R. 715-045-0069 Temporary School Closure – Private Career Schools

(1) The Commission may designate a school as temporarily closed if the following conditions are met:

(a) The school must request “temporary closure” designation in writing from the Commission, subject to approval of the Executive Director. That request must state the reason(s) for the request for temporary closure status as set forth in (1)(b), including providing any documentation in support of the request as required by the Commission, and a projected timeline for the resumption of educational operations.

(b) The Commission may grant temporary closure status if the requesting school ceases educational operations due to unforeseeable or exigent circumstances including, but not limited to, property loss or damage due to fire, flood, or other natural disaster; or inability of the owner, manager, or other key staff to perform their duties due to extended illness or injury, as determined by the Executive Director.

(c) The Commission may grant temporary closure status to a school for not longer than twelve months from the date of first request for the designation. Temporary closure status shall not result in the revocation of the school’s license so long as the school is in compliance with all relevant laws.

(d) Schools granted temporary closure status shall make notice, teach out, transfer and refund arrangements for currently enrolled students as provided in 715-045-0067 (2)(a) through (2)(d) if the Commission directs the school to do so.

(e) Schools in temporary closure status must respond to requests from students and the Commission for information, updates, and records within ten calendar days.

(f) Current students of schools granted temporary closure status by the Commission shall be eligible for refunds under the Tuition Protection Fund, subject to the limitations of 715-045-0029.

(g) A school designated for temporary closure must maintain its license for the duration of the temporary closure.

(h) A school on temporary closure status that is required to make Tuition Protection Fund payments shall continue to make regular payments subject to the requirements of 715-045-0029.

History

Statutory/Other Authority: ORS 345-020
Statutes/Other Implemented: ORS 345-020, ORS 345.030 & ORS 345.110
HECC 1-2020, adopt filed 02/14/2020, effective 02/14/2020

Or. Admin. R. 715-045-0190 Civil Penalties

(1) Amendments to OAR Chapter 715 Division 045 must be implemented by the schools within 90 days after the effective date of the amendments. Failure to implement rule changes within 90 days shall subject a school to civil penalties.

(2) The commission may assess a civil penalty of $500 per violation of ORS 345.010 to 345.450, or any administrative rules adopted pursuant to 345.010 to 345.450. Before imposing a civil penalty under this subsection, the commission shall consider the factors established in 345.995.

(3) Each act in violation of ORS 345.010 to 345.450, or any administrative rules adopted pursuant to 345.010 to 345.450 shall constitute a separate violation. The imposition of penalties under this section shall be in addition to, and does not preclude the imposition of, any other penalties for the same act or conduct pursuant to any other provision of law.

(4) Failure to pay civil penalties within 30 days of the service of a final order imposing penalties, unless stayed pending appeal by subsequent order of the Executive Director or a court of competent jurisdiction, may result in revocation of license to operate a school.

(5) The commission may retain reasonable costs related to the investigation and assessment of a civil penalty from civil penalties imposed under ORS 345.995 and this section. In support of its decision to retain civil penalties, the commission shall provide an accounting of the costs incurred during its investigation and the assessment of civil penalties, including but not limited to staff time, mailing costs, and attorney fees.

History

Statutory/Other Authority: ORS 345.992 & 345.995
Statutes/Other Implemented: 345.995, ORS 345.020 & ORS 345.325
HECC 2-2026, amend filed 02/13/2026, effective 02/13/2026
HECC 7-2014, f. & cert. ef. 12-18-14
Renumbered from 581-045-0190 by HECC 2-2014, f. & cert. ef. 4-23-14
ODE 7-2009, f. & cert. ef. 6-29-09
ODE 21-2002, f. 9-26-02 cert. ef. 10-1-02
ODE 32-2000, f. 12-11-00 cert. ef. 1-1-01
EB 13-1996, f. & cert. ef. 7-26-96

Or. Admin. R. 715-045-0200 Barbering, Hair Design, Esthetics, and Nail Technology

(1) For purposes of this rule, a ‘practical operation’ is the demonstration and application of a relevant skill or group of skills necessary for work in barbering, hair design, esthetics, or nail technology.For the purposes of this rule, the ‘model curriculum’ is a curriculum established and maintained by the Higher Education Coordinating Commission which details mandatory curricular requirements, including, but not limited to practical operations requirements, safety and sanitation requirements, and career development requirements established in this rule. The model curriculum is available for review by all schools.

(2) No earlier than May 1, 2019 and no later than July 1, 2019, continuing to be in effect thereafter, schools must offer programs that meet the following minimum training requirements, in accordance with the model curriculum:

(a) For hair design, 1110 hours and 455 practical operations.

(b) For barbering, 746 hours and 465 practical operations.

(d) For nail technology, 241 hours and 70 practical operations.

(e) Safety and sanitation shall be incorporated in each practical experience for the fields of practice identified in subsections (1) (a) through (d), in accordance with the model curriculum.

(f) Schools, at their discretion, may add additional hours to any program listed above. There is no minimum or maximum number of hours that a school may add to the hours required in subsections (1) (a) through (d). If hours are added to the minimum required, those hours become part of the schools completion requirements.

(3) In addition to the program requirements listed in subsection (1), students must successfully complete 20 hours of career development, in accordance with the model curriculum. A student who attempts multiple programs shall only be required to complete the career development component once.

(4) A student enrolled in a program at the time subsection (1) of this rule takes effect shall be allowed to complete the program in which they are enrolled under the terms for their original enrollment agreement, unless a rider to the enrollment agreement, signed by both the student and an authorized representative of the school, is executed, specifying that the student agrees to complete such program under different requirements. Before a rider to the enrollment agreement is executed, the school shall:

(a) Review student’s current program requirements in comparison to the revised program requirements.

(b) Provide the student information in writing about which set of program requirements may be most beneficial to student, in terms of length of time to complete, cost, and use of federal financial aid.

(c) Provide student with a program that gives credit for applicable hours already earned and practical operations completed and outlines a revised course of study that meets the minimum requirements.

(d) Determine if cost differences, if any, between the student’s current program and the revised program result in an overpayment on behalf of the student, and issue any necessary refund to the student, except as provided by federal law or other controlling statute or regulation.

(5) Individual progress records must be regularly maintained for the purpose of monitoring each student’s progress through the instructional program and verifying actual hours of instruction in each certifiable classification. Once a student completes the minimum hourly training requirements specified in subsection (1) of this section and the school’s own program completion requirements, the school shall administer a Commission-approved written and practical exam prior to the student taking the State Board exam for licensure. The time required to take the practical exam shall be included as part of the contracted program hours included in the tuition cost.

(6) The Commission shall develop the model curriculum with the assistance of a curriculum committee, including minimum curriculum content standards for each certificated program or any combination of programs.

(7) No student shall perform any practical operation in a clinic lab without first having achieved verifiable minimum competence, as determined and documented by the school.

(8) The instructional program shall determine the type of assignments students will receive in the clinic lab. Clinic lab assignments should, as nearly as possible, reflect the emphasis of the student’s current and cumulative theory and laboratory experiences. Schools shall establish a minimum and maximum number of clinic activities for each type of task required in the clinic lab. These minimums and maximums should show a comparable distribution of activities reflective of industry practice. Only when students have completed the minimum in all areas can they be assigned to clinic activities in excess of the maximums.

(9) With the exception of a Commission-approved cosmetology teacher training program, a school shall not conduct both fixed-hour and student competency-based training programs in the same school facility concurrently unless the school is in transition from one training program to another. The Commission may set a time limit in which the transition must be completed.

(10) No school shall enroll a student wishing to transfer hours from a school of barbering, hair design, esthetics, or nail technology in Oregon or out-of-state without first receiving an official transcript properly signed or sealed directly from the previous schools. A school may admit a student on a temporary basis without receiving an official transcript. In no event should a student be considered a graduate until an official transcript from all prior schools is in the graduating school’s student file. Schools shall evaluate and grant appropriate credit for any education and training students received at state regulated postsecondary schools.

(11) Schools shall validate only their own hours of instruction provided a student but not any hours provided by other schools.

(12) Upon receipt and evaluation of official transcripts from schools previously attended:

(a) Schools shall give full credit for hours earned within the last ten years; and

(b) Schools may grant credit for hours earned prior to the last ten years, if approved by the Executive Director.

(13) No school shall deny a student a record of hours earned. A record of hours does not infer or include the official transcript.

(14) The school shall have as a minimum the following staff present at all times:

(a) 1–15 students present — one registered teacher;

(b) 16–30 students present — two registered teachers; and

(c) One additional registered teacher for each additional 20 students or part thereof. Teachers must be certified in all areas they teach and supervise. When only one teacher is present at the school, clinic lab operations, and classroom instruction shall not occur simultaneously. The lone teacher shall conduct and supervise one or the other but not both concurrently. Teachers who supervise the clinic lab and/or approve student practical performance must be certified in all areas they supervise or approve;

(d) Exceptions to the student to teacher ratios in subsection 12(a)–(c) may be granted for theory or lecture classes only. All hands-on practical lab and clinic lab classes are required to maintain specified staffing ratios.

(15) The minimum teaching staff, as set forth in these rules, shall not perform administrative or financial aid or any other non-instructional duties during the time that the clinic lab and classroom instruction are taking place concurrently.

(16) A teacher or student teacher shall not perform any services in the school during school hours except for teaching purposes.

(17) All services performed by students shall take place under the supervision and direction of a registered teacher.

(18) Premises shall be used during school hours only for instructing students and teacher trainees in barbering, hair design, esthetics, or nail technology.

(19) The school shall provide a minimum of 2,800 square feet of total floor space to be allocated as follows; one work station for each of the first twenty students; one additional work station for every five students in excess of twenty; and, where hair design is taught, one shampoo bowl for every five work stations. The Executive Director must approve any exception to this requirement. Classroom and clinic space are in compliance with OAR 715-045-0022. Schools must comply with ORS 345.240 relative to accessibility of programs for persons with handicapping conditions.

(20) The Executive Director may approve a facility of less than 2,800 square feet of floor space for schools if the school presents a written plan as to how the number of students will be served in the space provided. The plan must include how the school meets the entire model curriculum standards.

(21) The school shall be separated from adjoining rooms used for another business or for domestic purposes, by means of walls or substantial partitions extending from floor to ceiling; all doors leading to the school from the aforesaid adjoining rooms must be kept closed. Access to the school shall be provided by means of an outside or separate entrance, or from a public passageway in a public building.

(22) Each school shall include the names of all actively employed (full-time or part-time) registered teachers on its annual license renewal application.

(23) A licensed school of barbering, hair design, esthetics, or nail technology may offer a teacher training program if it complies with the following:

(a) Courses of teacher training for instruction in barbering, hair design, esthetics, or nail technology may be offered only in a school of hair design licensed under the provisions of ORS Chapter 345 or Mt. Hood Community College. Courses of study must be submitted to the Executive Director for approval.

(b) The Standard Course of Study shall require 1,000 hours of instruction that shall include the following:

(A) Preparation and use of lesson plans,

(B) Use of audiovisual and other instructional aids,

(D) Evaluation and recording of student progress, and recording of attendance,

(E) Observation of demonstrations of practical skills and techniques,

(F) Assisting with demonstrations of practical skills and techniques,

(G) Setting up and performance of demonstrations of practical skills and techniques, and

(H) Practice teaching.

(A) Teachers whose certification has lapsed more than three years, and

(B) Teachers from other states whose licensing requirements are less than the minimum requirements for Oregon.

(d) The school shall:

(A) Maintain daily records of the teacher trainee’s attendance, and the subject matter covered; and

(B) Conduct and record the results of periodic evaluations of each teacher trainee.

(e) The school may evaluate and give up to 500 hours credit for professional teaching experience or any academic training received in a community college or institution of higher education when that academic training contributes to achievement of the total approved Standard Course of Study. The Executive Director may grant a waiver to the 500 hour limitation if sufficient evidence is submitted;

(f) A school shall not have more than three approved teacher trainees at one time. The school shall designate who shall have the principal supervisory responsibility for the student in the teacher-training program. Each trainee, when in the clinic lab, must be under direct supervision of a registered teacher with a minimum of two years teaching experience;

(g) Teacher trainees shall evaluate students only under the direct supervision of a registered teacher; and

(h) Teacher training students must be registered with the Executive Director prior to commencement of their training.

History

Statutory/Other Authority: ORS 345.400
Statutes/Other Implemented: ORS 345.400
HECC 3-2019, amend filed 01/08/2019, effective 01/08/2019
HECC 6-2014, f. & cert. ef. 12-18-14
Renumbered from 581-045-0200 by HECC 2-2014, f. & cert. ef. 4-23-14
Reverted to ODE 15-2006, f. 12-11-06, cert. ef. 1-1-07
ODE 32-2012(Temp), f. 11-7-12, cert. ef. 11-9-12 thru 5-7-13
ODE 15-2006, f. 12-11-06, cert. ef. 1-1-07
ODE 17-2003, f. 12-30-03, cert. ef. 1-1-04
ODE 21-2002, f. 9-26-02 cert. ef. 10-1-02
ODE 32-2000, f. 12-11-00 cert. ef. 1-1-01
EB 13-1996, f. & cert. ef. 7-26-96

Or. Admin. R. 715-045-0210 Safety and Sanitation Compliances and Inspections for Schools of Hair Design, Barbering, Esthetics and Nail Technology Only

(1) Students, teachers and school owners shall observe and be subject to all state, county and municipal laws and regulations pertaining to public health. Compliance with state and municipal fire regulations is required.

(2) Sanitation and safety rules set forth in OAR chapter 817 shall be available in the school.

(3) The current sanitation inspection report required by this section shall be conspicuously displayed in the school.

(4) Sanitation and safety inspections of schools regulated by this rule shall be conducted periodically by agents of the Oregon Health Licensing Agency. Such inspections shall be for the purpose of determining whether schools are in compliance with the standards set forth in OAR chapter 817, divisions 5, 10, and 60 as they relate to the schools.

(5) A school is considered to be open and subject to inspection when the school is serving the public.

(6) The inspecting agent shall submit to the Higher Education Coordinating Commission a written report of sanitation and safety conditions observed in each school inspected. Any violation of standards existing in a school at the conclusion of an inspection shall be specifically noted in the inspection report.

(7) Failure of a school to correct a condition of violation within the time allotted for compliance as determined by the commission’s executive director shall be subject to penalties as set forth in OAR 715-045-0190.

History

Statutory/Other Authority: ORS 345.440 & 345.450
Statutes/Other Implemented: ORS 345.440
Renumbered from 581-045-0210 by HECC 2-2014, f. & cert. ef. 4-23-14
ODE 15-2006, f. 12-11-06, cert. ef. 1-1-07

Or. Admin. R. 715-045-0220 Proficiency-based Programs

(1) For purposes of this rule, a ‘practical operation’ is the demonstration and application of a relevant skill or group of skills necessary for work in barbering, hair design, esthetics, or nail technology. For the purposes of this rule, the ‘model curriculum’ is a curriculum established and maintained by the Higher Education Coordinating Commission which details mandatory curricular requirements, including, but not limited to practical operations requirements, safety and sanitation requirements, and career development requirements established in this rule. The model curriculum is available for review by all schools.

(2) As an alternative to the minimum hourly training requirements specified in OAR 715-045-0200, a proficiency-based training program that is self-paced may be approved by the Executive Director when the school has developed written program requirements, including:

(a) Clearly defined student performance objectives that measure levels of performance for each practical operation and the knowledge required for students to successfully pass the appropriate practitioner licensing examination and successfully and safely perform on members of the public all services allowed in the scope of practice of the practitioner license;

(b) No earlier than May 1, 2019 and no later than July 1, 2019, continuing to be in effect thereafter, a minimum number of practical operations in the student’s chosen course of study, in accordance with the model curriculum as developed by the Commission:

(A) For hair Design; 455 practical operations.

(B) For barbering; 465 practical operations.

(D) For nail Technology; 70 practical operations.

(c) A student enrolled in a program at the time subsection (1) (b) of this rule takes effect shall be allowed to complete the program in which they are enrolled under the terms for their original enrollment agreement, unless a rider to the enrollment agreement, signed by both the student and an authorized representative of the school, is executed, specifying that the student agrees to complete such program under different requirements. Before a rider to the enrollment agreement is executed, the school shall:

(A) Review student’s current program requirements in comparison to the revised program requirements.

(B) Provide the student information in writing about which set of program requirements may be most beneficial to student, in terms of length of time to complete, cost, and use of federal financial aid.

(C) Provide student with a program that gives credit for applicable hours already earned and practical operations completed and outlines a revised course of study that meets the minimum requirements.

(e) Individual progress records maintained for the purpose of monitoring each student’s progress through the instructional program and recording and verifying actual hours of instruction, number of practical operations and performance achievement by each student;

(f) A curriculum design, which the Executive Director determines to be comparable to the Commission adopted model curriculum, showing a logical progression of academic and practical training experiences leading to the levels of student performance required for graduation and certification;

(g) The identification of specific levels of competence to be achieved by each student prior to any clinic lab experience that will ensure students have achieved sufficient skill and knowledge to successfully and safely perform assigned practical operations on members of the general public;

(h) A diagnosis of each student’s beginning level of competency and a prescriptive instructional program for specific competency completion with projected timelines resulting in an estimated program completion date; a copy to be given to the student on commencement of the program and on file in the student’s personal file. Revisions to the prescriptive program must be based on recorded performance evaluations and as a result of negotiations between the school and student. Copies of revisions must be given to the student and on file in the student’s academic file;

(i) Assurances that the instructional program will determine the type of assignments that students receive for the clinic lab; that, as nearly as possible, the clinic lab assignments reflect the emphasis of the student’s current and cumulative theory and laboratory experiences;

(j) Both or either school catalogs and student enrollment agreements, that show the average time for students to complete the requirements for the various certificate programs during the previous reporting period;

(k) An annual report at the time of relicensing to the Commission showing the actual total hours of instruction received by each student who has completed or left the school during the previous reporting period;

(l) Assurances that no student’s competency-based prescriptive training program will be significantly altered or regulated in any way, once the student and the school administration have signed a competency-based agreement; and

(m) When the school informs a student that he/she is competent, the student may elect to leave the school with a diploma at that time or stay in school until he/she has been trained for an amount of time equal to the training hours listed in OAR 715-045-0200(1), and no additional tuition may be charged. The student shall notify the school of his/her decision within two weeks of notice of competency.

History

Statutory/Other Authority: ORS 345.325 & ORS 345.400
Statutes/Other Implemented: ORS 345.400
HECC 3-2019, amend filed 01/08/2019, effective 01/08/2019
HECC 6-2014, f. & cert. ef. 12-18-14

Or. Admin. R. 715-045-0240 Psilocybin Facilitator Schools

The following requirements apply to private career schools operating a psilocybin facilitator training program with curriculum approved by the Oregon Health Authority (“Authority”) and to private career schools operating a training program leading to any out-of-state (non-Oregon) psilocybin facilitator’s license that makes use of an Oregon Health Authority-licensed psilocybin service center as a practicum site pursuant to OAR 333-333-3070(4).

(1) Career School Teacher Requirements. In lieu of meeting the requirements in OAR 715-045-0012(3)(b) through (d), an applicant for registration as a teacher of an Oregon Health Authority-approved psilocybin facilitator training program must submit proof that the instructor is identified with a psilocybin facilitator training program approved by the Oregon Health Authority, and the instructor’s qualifications have been submitted to the Authority under OAR 333-333-3020(6) or under OAR 333-333-3030.

(2) Limited Exception to Facilities Regulation. The Commission does not regulate the following as career school “facilities” under OAR 715, division 45:

(a) “Practicum sites” as defined by the Oregon Health Authority in OAR 333-333-1010; and

(b) Facilities located outside Oregon.

(3) Practicum Sites, Physical Presence in Oregon. Notwithstanding (2) above, the Commission may use information that a career school is utilizing a practicum site or alternative practicum site located in Oregon for purposes of determining whether the career school has a physical presence in Oregon under OAR 715-045-0006(13).

History

Statutory/Other Authority: ORS 345.020 & ORS 345.325
Statutes/Other Implemented: ORS 345.020 & ORS 345.325
HECC 4-2025, adopt filed 10/10/2025, effective 10/10/2025

Division 100 Oregon Youth Corps

Or. Admin. R. 715-100-0004 Community Stewardship Corps Vouchers

(1) The following definitions apply to terms used in this rule:

(a) Program – Recipient of an Oregon Youth Corps Community Stewardship Corps Grant.

(b) Participants- Youth who participate in an Oregon Youth Community Stewardship Corps experience offered by a program.

(c) Successful Completion – Completion of a program in a manner that qualifies a participant for a support voucher. The criterion for successful completion is defined by each program.

(d) Support Voucher – Funds a program sets aside to support and enhance an individual participant’s access to employment or education training, services, and resources .

(2) Programs must provide participants with the following information:

(a) Criteria to meet the successful completion of the program for purposes of accessing support vouchers

(b) Notification once they have met the successful completion criteria, and

(c) Information on how to access the support voucher, including the process, allowable uses and the expiration of funds if applicable.

(3) Programs shall award support vouchers to any participant meeting the successful completion criteria.

(4) Programs may use funds within their grant agreement, use other funding, or equivalent awards to satisfy the programs responsibility to provide support voucher funding. For programs electing to use grant funding from the Oregon Youth Community Stewardship Corps to provide support vouchers, the funds provided to each eligible participant may not exceed $1,500.

(5) Support vouchers provided to participants determined to meet the criteria for successful completion may be used pay for tuition, books, certifications, licensing, trainings, resources, support services, and supplies that enhance and support education or employment.

(6) Programs shall report to the Commission the definition of successful completion established by the program and any data required by the commission to monitor compliance with the Oregon Youth Corps Community Stewardship Corps Grant

(7) If it is determined there are insufficient resources available to provide support vouchers, the Commission may authorize programs to suspend the awarding of support vouchers.

History

Statutory/Other Authority: ORS 418.658
Statutes/Other Implemented: ORS 418.658
HECC 10-2022, amend filed 12/09/2022, effective 12/09/2022
HECC 5-2020, adopt filed 11/19/2020, effective 11/19/2020

Division 101 Oregon Conservation Corps

Or. Admin. R. 715-101-0005 Eligible Organization

To be eligible to receive a grant through the Oregon Conservation Corps Program, an organization must:

(1) Have its principal place of business in Oregon or be otherwise registered to do business in Oregon; and

(2) Be a nonprofit youth development organization or public entity that provides programs of job training, skill development and forest-related or rangeland-related career path training.

History

Statutory/Other Authority: 2021 Oregon Laws, Chapter 592
Statutes/Other Implemented: 2021 Oregon Laws, Chapter 592
HECC 6-2021, adopt filed 11/16/2021, effective 11/16/2021

Or. Admin. R. 715-101-0010 Use of Equity Lens

The Oregon Conservation Corps Advisory Committee shall use the Equity Lens adopted by the Higher Education Coordinating Commission in awarding Oregon Conservation Corps Program grants to eligible organizations.

History

Statutory/Other Authority: 2021 Oregon Laws, Chapter 592
Statutes/Other Implemented: 2021 Oregon Laws, Chapter 592
HECC 6-2021, adopt filed 11/16/2021, effective 11/16/2021

Or. Admin. R. 715-101-0015 Participant Compensation

Notwithstanding any contrary provision of law, participants in projects undertaken by the Oregon Conservation Corps or Oregon Conservation Corps program grantees must receive compensation as follows:

(1) At least Oregon minimum wage by region according to the current rules regarding Oregon minimum wage established by the Bureau of Labor & Industries; or

(2) If a grantee is prohibited by state or federal law from the payment of wages, such as an AmeriCorps program, the following formula is to be followed: an allowance or stipend, or a combination of an allowance or stipend and postsecondary education and training monetary award, such that the total monetary value of the allowance or stipend and the total monetary value of any other postsecondary education monetary award or institutional credit hour award received by the participant or on behalf of the participant, when totaled and divided by the total hours served in the program, is equal to or exceeds the monetary value of minimum wage as described in section 1 of this rule.

History

Statutory/Other Authority: 2021 Oregon Laws, Chapter 592
Statutes/Other Implemented: 2021 Oregon Laws, Chapter 592
HECC 6-2021, adopt filed 11/16/2021, effective 11/16/2021

Division 102 Oregon Youth Employment Program

Or. Admin. R. 715-102-0005 Equity Requirements for Grant Recipients

(1) In order to receive a grant through the Oregon Youth Employment Program, local workforce development boards shall:

(a) Demonstrate through the submission of a community engagement plan a commitment to serving underrepresented populations, including:

(A) Communities of color;

(B) Rural communities;

(D) Other communities that have been historically underrepresented in youth employment provided the applicant provides information documenting such underrepresentation;

(b) Submit documentation of the process that will be used to identify, partner with, and provide grant funds to organizations with direct experience serving communities of color.

(2) Grant recipients may engage in outreach or solicit participation from individual program participants associated with the categories identified in subsections (a)(i) – (iv) of section (1) of this rule.

(3) Grant recipients shall be prohibited from denying services to individual program participants on the basis of lack association with a category identified in subsections (a)(i) – (iv) of section (1) of this rule.

(4) The percentage of grant funds provided by each local workforce development board to organizations identified through the process documented in subsection (b) of section (1) of this rule shall be equal to or greater than the percentage of Oregonians age 15-24 from communities of color in the area served by the local workforce development board, according to U.S. Census data.

History

Statutory/Other Authority: ORS 660.353
Statutes/Other Implemented: ORS 660.353
HECC 7-2021, adopt filed 12/15/2021, effective 12/15/2021

Or. Admin. R. 715-102-0010 Technical Assistance for Grant Recipients

(1) The Commission shall develop and make available to grant recipients informational documents specific to the Oregon Youth Employment Program in English, Spanish, and other languages requested by grant recipients, other program providers, or at the discretion of Commission staff.

(2) The Commission shall provide training to grant recipients and other program providers on an annual basis, and:

(a) The training shall incorporate topics identified by Commission staff, in consultation with grant recipients, other program providers, and relevant experts.

(b) Grant recipients and program providers shall be required to attend the annual training identified in section (2) of this rule unless formally excused in writing by Commission staff.

(3) “Other program providers” means entities receiving funds from the Oregon Youth Employment Fund through a subgrant or other agreement with a grant recipient.

History

Statutory/Other Authority: ORS 660.353
Statutes/Other Implemented: ORS 660.353
HECC 7-2021, adopt filed 12/15/2021, effective 12/15/2021

Or. Admin. R. 715-102-0015 Participant Eligibility

Oregon Youth Employment Program participants shall be residents of the state of Oregon between 14 and 24 years of age.

History

Statutory/Other Authority: ORS 660.353
Statutes/Other Implemented: ORS 660.353
HECC 7-2021, adopt filed 12/15/2021, effective 12/15/2021

Or. Admin. R. 715-102-0020 Participant Compensation

Notwithstanding any contrary provision of law, participants in the Oregon Youth Employment Program must receive compensation as follows:

(1) At least Oregon minimum wage by region according to the current rules established by the Bureau of Labor & Industries; or

(2) If a grantee is prohibited by state or federal law from the payment of wages, such as an AmeriCorps program, an allowance or stipend, or a combination of an allowance or stipend and postsecondary education and training monetary award, such that the total monetary value of the allowance or stipend and the total monetary value of any other postsecondary education monetary award or institutional credit hour award received by the participant or on behalf of the participant, when totaled and divided by the total hours served in the program, is equal to or exceeds the monetary value of minimum wage as described in section (1) of this rule.

History

Statutory/Other Authority: ORS 660.353
Statutes/Other Implemented: ORS 660.353
HECC 7-2021, adopt filed 12/15/2021, effective 12/15/2021

Or. Admin. R. 715-102-0025 Allocation of Funds

(1) The total amount of funds allocated from the Oregon Youth Employment Fund each biennium for grants under the Oregon Youth Corps and Oregon Youth Employment Program shall be distributed as follows:

(a) Thirty percent (30%) shall be allocated to the Oregon Youth Corps (described in ORS 418.653).

(b) Thirty-five percent (35%) shall be allocated to local workforce development boards through formula grants according to the formula established the Workforce Innovation and Opportunity Act Youth Programs.

(c) Thirty-five percent (35%) shall be awarded to local workforce development boards through competitive grants to promote equity and innovation.

(2) All funds distributed under subsections (b) – (c) of section (1) shall be expended according to the criteria established in ORS 660.353 and OAR 715-102-0005 through 715-102-0020.

History

Statutory/Other Authority: ORS 660.353
Statutes/Other Implemented: ORS 660.353
HECC 7-2021, adopt filed 12/15/2021, effective 12/15/2021