chapter-589•OAR Chapter 589 — Higher Education Coordinating Commission, Office of Community Colleges and Workforce Development
OAR Chapter 589 — Higher Education Coordinating Commission, Office of Community Colleges and Workforce Development
chapter-589OAR Chapter 589Regulation
Division 1 GENERAL PROVISIONS
Or. Admin. R. 589-001-0000 Notice of Proposed Rule
(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, 183.341 (4) & ORS 350.375
- Statutes/Other Implemented: ORS 183.335
- CCWD 2-2025, minor correction filed 08/27/2025, effective 08/27/2025
- DCCWD 5-2015, f. & cert. ef. 10-30-15
- DCCWD 5-2003, f. & cert. ef. 10-20-03
- DCCWD 1-2003, f. & cert. ef. 1-9-03
- DCCWD 1-2001, f. & cert. ef. 3-21-01, Renumbered from 581-041-0000
- EB 12-1991, f. & cert. ef. 7-19-91
Or. Admin. R. 589-001-0100 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
- CCWD 11-2025, amend filed 10/06/2025, effective 10/06/2025
- CCWD 3-2023, amend filed 04/14/2023, effective 04/14/2023
- CCWD 2-2023, amend filed 04/14/2023, effective 04/14/2023
- DCCWD 5-2015, f. & cert. ef. 10-30-15
- DCCWD 1-2001, f. & cert. ef. 3-21-01, Renumbered from 581-041-0006
- EB 12-1991, f. & cert. ef. 7-19-91
Or. Admin. R. 589-001-0200 Establishing Fees for Public Records
The Higher Education Coordinating Commission, through the Office of Community Colleges and Workforce Development, may charge a fee based upon actual cost of supplying, reproducing, handling, shipping or otherwise processing public records on request.
History
- Statutory/Other Authority: ORS 326.051
- Statutes/Other Implemented: ORS 192.440
- DCCWD 5-2015, f. & cert. ef. 10-30-15
- DCCWD 1-2001, f. & cert. ef. 3-21-01, Renumbered from 581-041-0011
- ODE 1-2001, f. 1-25-01, cert. ef. 1-26-01
- EB 12-1991, f. & cert. ef. 7-19-91, Renumbered from 581-046-0005
- 1EB 10-1984, f. & cert. ef. 4-13-84
- 1EB 6-1984(Temp), f. & cert. ef. 3-7-84
- 1EB 258, f. 1-31-77, cert. ef. 2-1-77
- 1EB 130, f. 5-5-72, cert. ef. 10-15-72
Or. Admin. R. 589-001-0300 Definitions for OAR Chapter 589, Divisions 1 through 20
For the purposes of OAR chapter 589, divisions 001 through 020, the following definitions apply:
(1) “Executive Director” means the Executive Director appointed under ORS 351.735 by the Commission.
(2) "Director" means the Director of the Office of Community Colleges and Workforce Development appointed under ORS 351.762;
(3) "Board" means the board of education of a community college district;
(4) “Commission” means the Higher Education Coordinating Commission;
(5) "Office" means the Office of Community Colleges and Workforce Development;
(6) (a) Community College" means a public institution operated by a community college district for the purposes of providing courses of study generally limited to not more than two years' full-time attendance and designed to meet the needs of a geographical area by providing educational services, including but not limited to professional technical education programs or lower division collegiate programs.
(b) The two-year limitation described in paragraph (a) of this subsection does not apply to:
(A) Technical programs in which the curriculum may require more than two years of attendance but less than four years; or
(B) Applied baccalaureate degree programs.
(7) "Community College District" or "District" means a district formed under ORS Chapter 341 to operate one or more community colleges or to secure educational services available at a community college.
(8) "Full-Time Equivalent (FTE) Student", for the purpose of receiving state reimbursement, represents one student who carries 510 clock hours over three terms of instruction.
(9) "Reimbursable Full-Time Equivalent (RFTE) Student" means a student defined by section (8) of this rule whose earned hours qualify the district for cost reimbursement by the State of Oregon in accordance with OAR 589-002-0100, et seq.
(10) "Term Hour" means a 50-minute period of course work a week per student for approximately one-third of a school year.
History
- Statutory/Other Authority: ORS 350.075 & ORS 341.013
- Statutes/Other Implemented: ORS 348.910
- CCWD 1-2020, amend filed 07/07/2020, effective 07/07/2020
- DCCWD 5-2015, f. & cert. ef. 10-30-15
- DCCWD 1-2001, f. & cert. ef. 3-21-01, Renumbered from 581-041-0020
- EB 8-1995, f. & cert. ef. 3-6-95
- EB 12-1991, f. & cert. ef. 7-19-91
Division 2 COMMUNITY COLLEGE FUNDING
Or. Admin. R. 589-002-0100 State Funding Support for Community Colleges
Purpose Statement:
(1) It is in the state's interest to support a strong community college system that meets local, regional and state economic and workforce development needs. Oregon's Community College Distribution Model is designed to provide a stable financial foundation to support accessible undergraduate and lower-division education, career technical education, remedial education, workforce training, and other educational services necessary at the local and state level.
(2) The Commission through the authority vested in it by ORS 350.075, uses this rule to state clearly and concisely what the statewide interests are for Oregon community colleges and students through the adoption of a policy-driven framework. The overarching policy intent is to support access, stability, and equitable student success for Oregon learners. Equitable student success is measured by the reduction, if not elimination, of achievement gaps in the completion and transfer rates for traditionally underrepresented students identified by race/ethnicity.
(3) For clarity, the Community College Support Fund (CCSF) includes general institutional support funding appropriated by the state legislature for the set asides, also known as categorical funding, base payments, and equalized enrollment. There are six set asides including corrections, contracts out of district, distance learning, the strategic fund, student support, and student success. The Community College Distribution Model references the calculations used to determine the base payments and equalized enrollment distributions.
History
- Statutory/Other Authority: ORS 326.051, 341.015, 341.022, 341.317, 341.440, 341.626, 341.665, 341.484 & 341.492
- Statutes/Other Implemented: ORS 341.015, 341.022, 341.317, 341.440, 341.525, 341.528, 341.626 & 341.665
- CCWD 3-2025, minor correction filed 08/27/2025, effective 08/27/2025
- CCWD 4-2023, amend filed 06/09/2023, effective 06/09/2023
- DCCWD 5-2015, f. & cert. ef. 10-30-15
- DCCWD 3-2013, f. & cert. ef. 6-11-13
- DCCWD 3-2012, f. & cert. ef. 12-26-12
- DCCWD 1-2012(Temp), f. & cert. ef. 7-17-12 thru 1-10-13
- DCCWD 1-2011, f. & cert. ef. 4-20-11
- DCCWD 5-2009, f. & cert. ef. 10-28-09
- DCCWD 3-2009(Temp), f. & cert. ef. 8-5-09 thru 1-31-10
- DCCWD 4-2007, f. & cert. ef. 10-1-07
- DCCWD 2-2007, f. & cert. ef. 7-6-07
- DCCWD 8-2006, f. 12-13-06, cert. ef. 12-15-06
- DCCWD 6-2006, f. 10-3-06, cert. ef. 10-4-06
- DCCWD 2-2006(Temp), f. & cert. ef. 6-15-06 thru 11-30-06
- DCCWD 1-2005, f. & cert. ef. 7-13-05
- DCCWD 1-2004, f. & cert. ef. 7-1-04
- DCCWD 3-2003, f. & cert. ef. 5-14-03
- DCCWD 7-2002(Temp), f. & cert. ef. 12-16-02 thru 6-5-03
- DCCWD 3-2002, f. & cert. ef. 6-5-02
- DCCWD 2-2001, f. & cert. ef. 5-7-01
- DCCWD 1-2001, f. & cert. ef. 3-21-01, Renumbered from 581-041-0200
- ODE 27-2000, f. & cert. ef. 10-30-00
- EB 12-1991, f. & cert. ef. 7-19-91, Renumbered from 581-043-0260
- 1EB 9-1979, f. & cert. ef. 6-11-79
Or. Admin. R. 589-002-0110 Definitions
The following definitions apply to OAR 589-002-0100 through 589-002-0130.
(1) “Adult” is any student who is 25 years or older as of July 1 in a given academic year.
(2) “Annual Growth Factor (AGF)” is one-half of the Biennial Growth Management Component.
(3) “Base Payment” is an allocation made through the Community College Distribution Model which provides funding for basic community college district operations that are essential and do not vary in direct proportion to the districts’ Full-Time Equivalent (FTE) student enrollment. The base allocation increases stability and predictability of funding for individual colleges.
(4) “Biennial Growth Management Component” is the percent change, from one biennium to the next, of the total number of FTE for all community college districts that could be included in the funding formula without reducing resources available per FTE. The biennial growth management component is determined by the amount of total public resources available for the current biennium compared to the prior biennium and the estimated increased cost of FTE.
(5) “Career and Technical Education (CTE)” is any student for whom a plurality of their completed coursework in the given academic year takes place in Activity (ACTI) codes 210, 211, 220, 230 or 363.
(6) “Community College Distribution Model” is the formula by which funds are distributed pursuant to OAR 589-002-120 (6).
(7) “Community College Support Fund (CCSF)” includes funding appropriated by the Legislature from the state's General Fund for the benefit of the community colleges to support various educational programs. This includes the set aside programs and funding distributed through the Community College Distribution Model.
(8) “Completions” is the number of students who have earned a HECC approved credential during the given academic year. This includes commission approved applied baccalaureate degrees, Bachelor of Science: Nursing degrees, associate degrees, career pathways certificates of completion, noncredit training certificates, and less than one-year certificates and two-year certificates.
(9) “Contracted Out-of-District (COD) Reimbursable FTE” means full-time equivalent students that are not residents in the community college district that they are attending and for which the community college district has a contract to provide educational services with an entity in the geographic area from which the student resides. COD reimbursable FTE must meet all other requirements for reimbursable FTE. The community college district must have a contract in place with the Department of Community Colleges and Workforce Development in order to receive reimbursement.
(10) “Equalized Funding” means equal public resource support per funded FTE, regardless of community college district, and exclusive of the base. Equalization is measured by dividing Total Public Resources, exclusive of the base, by funded FTE.
(11) “Federal 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.
(12) “FTE Cap” is the maximum number of Community College Distribution Model reimbursable FTE per community college district, which may be included in the funding formula calculation. The FTE cap is determined by applying the annual growth factor and may be adjusted by the preliminary FTE cap as described in Section 14.
(13) “Full-Time Equivalent (FTE) student” for the purpose of receiving state reimbursement, means a student who carries 510 clock hours over three terms of instruction for all terms including a fall 12-week term. All colleges with an 11-week fall term will have their fall term clock hours increased to the equivalent 12-week hours for the purpose of calculating reimbursable FTE.
(14) “Fundable FTE” is the number of full-time equivalent students that are at or below each community college district’s FTE Cap. Fundable FTE is the lesser of either the Community College Distribution Model reimbursable FTE or the FTE cap. This number is used in the three-year weighted average calculation that determines a community college district’s funded FTE as described in Section 11 of this rule.
(15) “Funded FTE” is the community college district’s number of full-time equivalent students used in the formula to distribute the Community College Distribution Model funding for each community college district. This number is buffered to prevent significant changes in a community college district’s funding due to variability in student enrollment. It is calculated using a three-year weighted average of fundable FTE with the first year prior to current fundable FTE weighted at 40%, second year prior to current fundable FTE weighted at 30%, and third year prior to current fundable FTE weighted at 30%.
(16) “Gateway Course” is defined as any student who has earned credit in a college-level English, writing, or math course during the given academic year.
(17) “Growth Management” means the application of the Growth Management Component in combination with each community college district’s FTE cap.
(18) “Headcount” is the total count of students attending any community college in a given academic year, regardless of number or type of courses they are enrolled in.
(19) “Higher Education Coordinating Commission’s Biennial Quality Growth Factor” is a policy lever that allows the number of FTE that will be counted for funding purposes to be above or below the Biennial Growth Management Component.
(20) “Low Income” is any student who has received either a Federal Pell Grant or Oregon Opportunity Grant at any Oregon Community College.
(21) “Non-Credit” is any student who has completed a certain amount of adult education and/or non-credit workforce training during the given academic year. This includes students who have earned 6 contact hours or more in courses coded in activity code 363 and students who have earned 12 contact hours or more in courses in activity codes 310, 320, 330, and 340.
(22) “Oregon Opportunity Grant (OOG)” is a grant awarded by the Higher Education Coordinating Commission to eligible Oregon resident students pursuant to ORS 348.205.
(23) “Preliminary FTE Cap” is a tool that allows a community college district to recover fundable FTE within one year, if the district’s Community College Distribution Model reimbursable FTE is less than the FTE cap. There are two preliminary FTE caps. The first is based on the FTE cap from one year prior and the second is based on the prior year’s fundable FTE. The annual growth factor (as defined in Section 19 below) is applied to each. The current year’s FTE cap is the greater of these two numbers.
(24) “Prioritized Populations” include any students who are low income, adult, in CTE programs or from an underrepresented racial/ethnic group.
(25) “Property tax revenues” means the amount determined by the Department of Revenue to be imposed on local property following the application of limits imposed by sections 11(b)(1) through 11(b)(3), Article XI, of the Oregon Constitution, and those limits imposed by legislation. This amount becomes the basis for operation of the funding formula without regard to uncollectible taxes, or taxes collected from previous years. Taxes levied or imposed by a community college district to provide a public library system shall be excluded from the definition of property taxes in this rule. Property tax revenues raised through voter approval of any local option or capital construction levy are not to be included as a resource to be distributed through the Community College Distribution Model.
(26) “Reimbursable FTE” means full-time equivalent students that are eligible, as described in OAR 589-002-0110 Sections (2) through (5) of this rule, for state funding through the Community College Distribution Model, before the application of the Annual Growth Factor (AGF).
(27) “Student Success Funding” is funding based on a student’s progression towards, or completion of, a degree, certificate, or credential.
(28) “Student Support Funding” is funding based on the number and type of students who are from one or more prioritized populations.
(29) “Total Biennial Growth Management Component” is the sum of the Biennial Growth Management Component and the Higher Education Coordinating Commission’s Biennial Quality Growth Factor.
(30) “Total Funded FTE" is the sum of all community college districts’ funded FTE for a fiscal year.
(31) “Total Public Resources (TPR)” include 100% of the next year's imposed property tax revenue and the portion of the General Fund appropriation from the legislature available for distribution through the Community College Distribution Model. TPR does not include tuition and fees paid by students.
(32) “Total Reimbursable FTE” means full-time equivalent students that are eligible for state reimbursement. These students must receive instruction from community college districts through either a contracted out-of district (COD) agreement described in OAR 589-002-0600, an agreement to provide services to state penitentiary or correctional institution inmates described in OAR 589-002-0700, or are Community College Distribution Model reimbursable FTE, described in Sections (2) through (5) and Section (8) of this rule.
(33) “Underrepresented Racial/Ethnic Group” is any student who identifies as a member of one or more of the following groups: Asian American/Asian, Black/African American, Latino/a/x/Hispanic, Multiracial, Native American/Alaskan Native or Native Hawaiian/Pacific Islander.
History
- Statutory/Other Authority: ORS 350.075, ORS 341.015, ORS 341.022, ORS 341.317, ORS 341.440, ORS 341.626, ORS 341.665 & ORS 341.484
- Statutes/Other Implemented: ORS 341.626
- CCWD 4-2025, minor correction filed 08/27/2025, effective 08/27/2025
- CCWD 1-2025, amend filed 02/14/2025, effective 02/14/2025
- CCWD 4-2023, amend filed 06/09/2023, effective 06/09/2023
- CCWD 1-2020, amend filed 07/07/2020, effective 07/07/2020
- DCCWD 5-2015, f. & cert. ef. 10-30-15
- DCCWD 3-2015(Temp), f. & cert. ef. 10-12-15 thru 4-8-16
- DCCWD 3-2013, f. & cert. ef. 6-11-13
- DCCWD 3-2012, f. & cert. ef. 12-26-12
- DCCWD 1-2012(Temp), f. & cert. ef. 7-17-12 thru 1-10-13
Or. Admin. R. 589-002-0120 Community College Funding Distribution
(1) Funding for the Community College Distribution Model shall be distributed, subject to funding availability, in eight payments as follows:
(a) For the first year of the biennium, July 15, August 15, October 15, January 15, and April 15;
(b) For the second year of the biennium, August 15, October 15, and January 15;
(c) The July 15 payment of the first year of the biennium shall be calculated using the previous biennium’s Community College Support Fund level.
(d) Should any of the dates set forth above occur on a weekend or recognized holiday, payment shall be made on the next available business day.
(e) All payments, made before actual property taxes imposed by each district are certified by the Oregon Department of Revenue, shall be based on the department's best estimate of quarterly entitlement using property tax revenue projections. Payments shall be recalculated each year as actual property tax revenues become available from the Oregon Department of Revenue and any adjustments will be made in the final payment(s) of the fiscal year.
(f) Any student support and student success funding distributions made under subsection 5(d) shall occur in quarterly payments, each consisting of one quarter of the annual allocation of student support and student success funding. Such payments shall occur in January, April, August, and October of every year and, when made in the same month as regular Community College Distribution Model payments, shall occur at the same time.
(2) Community college districts shall be required to submit enrollment reports in the format specified by the commissioner, including numbers of clock hours realized for all coursework, in a term-end enrollment report by the Friday of the sixth week following the close of each term. If reports are outstanding at the time of the quarterly payments, payment to the district(s) not reporting may be delayed at the discretion of the commissioner.
(a) All payments, made before actual Full-Time Equivalent (FTE) student enrollment data are available shall be based on the HECC’s best estimate of quarterly entitlement using student enrollment data from previous years.
(b) Payments shall be recalculated each year as FTE student enrollment data become available and any adjustments will be made in the fiscal year.
(3) Reimbursement through the Community College Distribution Model shall be made for career technical education, upper-division collegiate, lower-division collegiate, developmental education and other courses approved by the Commission in accordance with OAR 589-006-0100 through 589-006-0400. State reimbursement is not available for hobby and recreation courses as defined in 589-006-0400.
(4) Residents of the State of Oregon and the states of Idaho, Washington, Nevada, and California shall be counted as part of each community college district’s Community College Distribution Model reimbursable FTE, but only for those students who take part in coursework offered within Oregon's boundaries unless otherwise specified in the FTE Guidelines document published by CCWD.
(5) State funding for general community college operations is appropriated by the legislature on a biennial basis to the CCSF. The amount of state funds available for distribution from the CCSF for certain categorial programs (also known as “set asides”) shall be calculated based on the following:
(a) Corrections. Funds to support educational services provided to adults in custody (AICs) of state penitentiary and correctional institutions by community college districts shall be subtracted from the amount appropriated for the CCSF before the Community College Distribution Model is calculated. The amount available for services provided to AICs shall be equal to the funding amount in the preceding biennium, except as adjusted to reflect the same percentage increase or decrease realized in the overall CCSF appropriation or otherwise determined in consultation with community colleges and Department of Corrections. The distribution method of funding for individual state penitentiary and correction institution programs provided by community college districts will be determined in consultation between the agency, the community colleges, and the Department of Corrections.
(b) Contracts Out of District (COD). Funds to support COD programs described in OAR 589-002-0600 shall be subtracted from the amount allocated to the CCSF before the Community College Distribution Model is calculated.
(A) A community college district providing contracted out-of-district services will receive an allocation equal to the college's number of reimbursable COD FTE multiplied by the statewide average of non-base Community College Distribution Model funds per total funded FTE. The average funds per total funded FTE is based on the same year COD services are provided.
(B) The allocation is distributed after the reimbursable COD FTE has been reported to CCWD for the full academic year. An adjustment to the allocation may be made if the final audited FTE is significantly different than the COD FTE from which the allocation was made.
(C) To be eligible for a COD allocation, each participating community college district must:
(i) Provide the department with a copy of the agreement between the community college district and the local participating entity by October 1 of each service year.
(ii) Enter into a contract with the department by January 1 of the service year for a COD allocation payment.
(iii) Follow all requirements found in OAR 589-002-0600.
(c) Distance Learning. Funds to support targeted investments such as distributed learning shall be subtracted from the amount allocated to the CCSF before the Community College Distribution Model is calculated. The amount available for these investments shall be equal to the funding amount in the preceding biennium, except as adjusted to reflect the same percentage change to the current biennium’s total CCSF appropriation.
(d) Student Support and Student Success Funding. Beginning with the 2024-25 academic year, funds shall also be distributed on the basis of prioritized populations in the case of student support and progression and completion metrics in the case of student success. The amounts distributed through this section shall be removed from the total CCSF prior to the calculation of the Community College Distribution Model distributions under subsection (6) of this rule.
(A) The amount of funding available for distribution for Student Support and Student Success under this subsection shall be as follows:
(i) For fiscal year (FY) 2025-$12.5 million.
(ii) For FY 2026-$21 million.
(iii) For FY 2027-$29 million.
(iv) For FY 2028-$33 million.
(v) For FY 2029-$37 million.
(vi) For all subsequent biennia, the amount distributed shall be equal to 10% of the CCSF with half distributed in each year of the biennium.
(B) Funds under this subsection shall be distributed with 60% allocated to student support and 40% allocated to student success during fiscal years 2025 through 2027. Thereafter, half of the funding shall be distributed for student support and half for student success.
(C) In both cases, calculations shall use a three-year weighted average with the first year prior to current weighted at 40%, second year prior to current weighted at 30%, and third year prior to current weighted at 30%. All payments, made before actual student support or student success data are available shall be based on the HECC's best estimate using relevant data from previous years.
(D) Student support funding shall be distributed on the basis of the relative weighted total headcount of students from the following categories as defined in OAR 589-002-110:
(i) Low income students
(ii) Adult students
(iii) Students from Underrepresented Racial/Ethnic groups
(iv) CTE/Workforce students
(v) Any students who are in two categories shall receive a 20% bonus, students in three categories shall receive a 30% bonus, and students in all four categories shall receive a 40% bonus.
(E) Student success funding shall be distributed on the basis of relative weighted total progression and completion metrics as defined below or in OAR 589-002-110:
(i) The number of students who for the first time have earned at least 15 but less than 30 credits weighted at 10%.
(ii) The number of students who for the first time have earned 30 or more credits weighted at 10%.
(iii) The number of students who have, for the first time, earned credit for and completed a gateway course in a given academic year weighted at 10%. Only one gateway course shall count per student in a given academic year.
(iv) The number of students who, for the first time, have met the defined contact hour thresholds for noncredit courses as defined in OAR 589-002-110 weighted at 10%.
(v) The total number of completions in a given academic year, with each student limited to a single completion in a given academic year weighted at 100%. Completions by students from the prioritized populations defined in OAR 589-002-110 shall receive a 50% bonus, meaning they are weighted at 150%.
(F) A technical review of this subsection, limited to identifying unintended consequences and validating data, shall occur during FY 2027. A full review of the Community College Distribution Model with related set asides shall occur every five years starting with FY 2030.
(e) Funds remaining in the CCSF after all distributions made in the subsections above as well as the strategic fund described in OAR 589-002-0130 shall be distributed through the Community College Distribution Model as described in section 6 of this rule.
(f) State general fund and local property taxes for territories annexed or formed effective June 1, 1996 or later shall not be included in the funding formula for the first three years of service. Additionally, the FTE generated in newly annexed territories shall not impact the funding formula during the first three years of service. Beginning in the fourth year, funding will be distributed through the formula as outlined in this rule.
(6) Distribution of funds to community college districts through the Community College Distribution Model shall be based on the following factors:
(a) Base Payment: For the 2022-23 fiscal year, each community college district shall receive a base payment of $1,011 for each Weighted Reimbursable FTE up to 1,100 and half that same amount for unrealized enrollments between actual Weighted Reimbursable FTE and 1,100 FTE. Each year thereafter, the base payment will be adjusted by the amount of the annual seasonally unadjusted CPI-U that includes the Portland metro area as published and defined by the US Bureau of Labor Statistics and selected by the HECC. The base payment for each community college district will be adjusted according to the size of the district. Community college district size for purposes of this adjustment will be determined each year by the FTE set forth in section (8)(b) of this rule. The base payment adjustments shall be:
(A) 0–750 FTE 1.3513;
(B) 751–1,250 FTE 1.2784;
(C) 1,251–1,750 FTE 1.2062;
(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) 3,751–4,250 FTE 1.0054;
(I) 4,251–4,999 FTE 1.0027;
(J) 5,000 or more FTE 1.000.
(b) Equalized Funding: The Community College Distribution Model is designed to distribute funding based on each community college district’s FTE.
(A) The equalized amount per FTE is determined by dividing Total Public Resources (TPR) — excluding base payments, contracted out-of-district payments, and any other payments directed by the Commission or the legislature — by funded FTE. The department shall make the calculation based on submission of FTE reports by community college districts and in accordance with established FTE principles.
(B) To determine the number of funded FTE for each community college district, a three-year weighted average of fundable FTE for each community college district will be used with the first year prior to current fundable FTE weighted at 40%, second year prior to current fundable FTE weighted at 30%, and third year prior to current fundable FTE weighted at 30%.
(c) A Biennial Growth Management Component is added to the calculation of each community college district’s funded FTE. The purpose of the Biennial Growth Management Component is to manage the level of total public resource available per FTE within the total public resources available. The Growth Management Component shall only apply to reimbursable FTE at or above 1,101.
(A) The methodology for calculating the base year and subsequent biennial growth management component is displayed in Table 1 “Community College Distribution Model Growth Management Calculation Tables.”
(B) The calculations that will implement the Growth Management Component in the Community College Distribution Model are available in Table 2 "Formula Calculation of Fundable FTE by Community College District.”
(C) The Commission has authority, on a biennial basis, to set the “quality growth factor” that may increase or decrease the number of FTE that will be counted for funding purposes above or below the Biennial Growth Management Component. The Commission will consider the following principles as guidelines for setting the “quality growth factor”:
(i) Balance the desire to support growth beyond that which is funded through the funding formula Community College Distribution Model with the desire to enhance quality by increasing the level of funding provided on a per-student FTE basis.
(ii) The TPR per FTE should not erode by more than 5% on an annual basis.
(iii) Where current TPR per FTE is determined to be insufficient to support the “quality of education” desired, a growth factor could be established that would increase the TPR per FTE.
(iv) If revenue is significantly reduced during a biennium, the Commission may reduce the “quality growth factor.”
History
- Statutory/Other Authority: ORS 341.015, ORS 341.022, ORS 341.317, ORS 341.440, ORS 341.626, ORS 341.665, ORS 350.075, ORS 341.484 & ORS 341.492
- Statutes/Other Implemented: ORS 341.626
- CCWD 5-2025, minor correction filed 08/27/2025, effective 08/27/2025
- CCWD 1-2025, amend filed 02/14/2025, effective 02/14/2025
- CCWD 4-2024, amend filed 10/15/2024, effective 10/15/2024
- CCWD 4-2023, amend filed 06/09/2023, effective 06/09/2023
- CCWD 4-2021, minor correction filed 12/21/2021, effective 12/21/2021
- CCWD 3-2021, amend filed 05/11/2021, effective 05/11/2021
- CCWD 2-2021, amend filed 03/15/2021, effective 03/15/2021
- CCWD 1-2021, amend filed 02/16/2021, effective 02/16/2021
- CCWD 1-2020, amend filed 07/07/2020, effective 07/07/2020
- CCWD 1-2017, f. 4-24-17, cert. ef. 7-1-17
- CCWD 1-2016, f. & cert. ef. 2-12-16
- DCCWD 5-2015, f. & cert. ef. 10-30-15
- DCCWD 2-2015, f. & cert. ef. 6-15-15
- DCCWD 3-2014, f. & cert. ef. 3-20-14
- DCCWD 6-2013(Temp), f. & cert. ef. 12-16-13 thru 6-13-14
- DCCWD 3-2013, f. & cert. ef. 6-11-13
- DCCWD 3-2012, f. & cert. ef. 12-26-12
- DCCWD 1-2012(Temp), f. & cert. ef. 7-17-12 thru 1-10-13
Or. Admin. R. 589-002-0130 Commission Strategic Fund
The Commission may establish a strategic fund.
(1) There are two basic categories for these funds: incentivized statewide initiatives and activities, and requests from individual districts for assistance in meeting new requirements and expectations stemming from legislative change.
(2) The Director will use a committee of stakeholders and department staff to determine overall priorities for funding that considers the Commission’s work plan and initiatives.
(3) Strategic funds provided to incentivize statewide activities or assist community colleges in meeting legislative expectations are provided only for the biennium in which funding is approved. Strategic Funds allocated for either purpose will not be considered in the distribution of funds through the formula described in Section 6 of 589-002-0110 for the current biennium or future biennia.
(4) Any unused monies remaining in the current biennium's strategic fund will be allocated through the formula described in Section 6 of 589-002-0110 at the end of the biennium.
(5) The Director will review, rank and approve proposals to incentivize statewide activities. After each proposal is approved, the Director will provide the Commission with a report detailing the purpose of the activity, the amount of strategic fund monies approved, and the proposal's merit as assessed under the following parameters:
(a) Purpose of the proposal.
(b) How the activity supports the initiatives and work plans of the Office and the Commission.
(c) How the activity relates to the Commission’s Key Performance Measures or other program-specific measures.
(d) If the funding one time (for this biennium) or will additional funding be needed in the future.
(e) If future funding is needed, how resources will be obtained and how the activity will be sustainable?
(f) The activity's impact on the state three years from now and five years from now.
(g) Anticipated changes.
(h) How progress will be measured.
(f) The Office will bring all requests for assistance in meeting new requirements or expectations stemming from legislative change to the Commission for discussion and consideration.
(g) The Office will assess the requests for assistance in meeting new requirements or expectations of the legislature based on the following parameters:
(A) Purpose of the proposal.
(B) How funds will be used to sustain or increase enrollment (not supplanting existing funds).
(C) If the funding is one time (for this biennium) or if additional funding will be needed in the future.
(D) If future funding is needed, how those resources will be obtained and how the activity is sustainable.
(E) The impact on the community college three years from now and five years from now.
(F) How progress will be measured.
(h) The Office will provide a recommendation and reasoning to the Commission on whether the request merits funding.
History
- Statutory/Other Authority: ORS 326.051, 341.015, 341.022, 341.317, 341.440, 341.626, 341.665, 341.484 & 341.492
- Statutes/Other Implemented: ORS 341.015, 341.022, 341.317, 341.440, 341.626, 341.665, 341.484 & 341.492
- CCWD 6-2025, minor correction filed 08/27/2025, effective 08/27/2025
- DCCWD 5-2015, f. & cert. ef. 10-30-15
- DCCWD 3-2015(Temp), f. & cert. ef. 10-12-15 thru 4-8-16
- DCCWD 3-2013, f. & cert. ef. 6-11-13
- DCCWD 3-2012, f. & cert. ef. 12-26-12
- DCCWD 1-2012(Temp), f. & cert. ef. 7-17-12 thru 1-10-13
Or. Admin. R. 589-002-0200 State Reimbursement and Student Residency
For the purposes of OAR 589-002-0100, Distribution of Community College Support Fund:
(1) "Permanent Residence" is defined as a person's home, to which one intends to return after any absence and in which one's dependents reside for an unlimited period of time. A permanent residence shall be verified by specific documentation. Such documentation may include, but is not limited to, copies of the Oregon Department of Revenue income tax statements; deeds, bills of sale or other papers indicating ownership by the student or a member of his or her family of the dwelling in which he or she resides; appropriate Department of Defense forms indicating that the student took residence in Oregon within one year of being released from active duty in the armed forces; possession of a driver's license issued by the State of Oregon; and evidence indicating that a parent or guardian of a dependent student qualifies as an Oregon resident under this rule.
(2) "Oregon Resident" is defined as a person who currently maintains a permanent residence in the state and whose permanent residence has been maintained in Oregon for no less that ninety continuous days immediately preceding the person's first instructional day of the term (quarter) for which residency is in question.
(3) Pursuant to ORS 341.492, and notwithstanding subsection (2) of this section, students who are residents of Idaho, Washington, California and Nevada and students admitted pursuant to ORS 351.647 shall be considered as residents of Oregon for the purpose of reimbursement.
(4) District policies regarding student residency for state reimbursement purposes may be subject to the periodic review and approval of the Commission. In the event that approval is not granted, the Commission may withhold reimbursement.
History
- Statutory/Other Authority: ORS 326.051 & 341.626
- Statutes/Other Implemented: ORS 341.290(7), 341.626, 341.481 & 341.496
- CCWD 7-2025, minor correction filed 08/27/2025, effective 08/27/2025
- DCCWD 5-2015, f. & cert. ef. 10-30-15
- DCCWD 5-2003, f. & cert. ef. 10-20-03
- DCCWD 1-2003, f. & cert. ef. 1-9-03
- DCCWD 1-2001, f. & cert. ef. 3-21-01, Renumbered from 581-041-0205
- EB 12-1991, f. & cert. ef. 7-19-91, Renumbered from 581-043-0260
- 1EB 9-1979, f. & cert. ef. 6-11-79
Or. Admin. R. 589-002-0300 Advanced Payment to Newly Created Community College District or Service District
A newly created community college district, or community college service district, shall be assigned by the Commission a base allocation level for its initial year of operation, based on the projected budget requirements as set in the feasibility study approved by the Commission. Payments to the new district for its initial year shall be based on the assigned base allocation. From operating funds available to the new district, the Director may advance reasonable sums for organizational expenses. Such an advance may be made only after the new district has formally adopted a budget. An advance will not serve to increase eligibility for state operating funds; it is a partial payment of the sum due the new district from its assigned base allocation in its initial year of operation.
History
- Statutory/Other Authority: ORS 326.051 & 341.626
- Statutes/Other Implemented: ORS 341.626
- DCCWD 5-2015, f. & cert. ef. 10-30-15
- DCCWD 5-2003, f. & cert. ef. 10-20-03
- DCCWD 1-2003, f. & cert. ef. 1-9-03
- DCCWD 1-2001, f. & cert. ef. 3-21-01, Renumbered from 581-041-0210
- EB 12-1991, f. & cert. ef. 7-19-91, Renumbered from 581-043-0266
- EB 33-1989, f. & cert. ef. 11-28-89
- EB 23-1989(Temp), f. & cert. ef. 6-12-89
- EB 5-1988, f. & cert. ef. 1-14-88
- EB 14-1987(Temp), f. & cert. ef. 7-30-87
Or. Admin. R. 589-002-0500 Contracts with Agencies, Organizations, and Industries for Which State Reimbursement is Requested
(1) For the purposes of this rule, the following definitions apply:
(a) "Contract" is defined as an agreement between a community college and an agency, organization, individual, or industry to provide educational services, unless these services are prohibited by the Director or state statute;
(b) "General fund revenue account" is defined as that account which includes all revenues related to the college's basic educational objectives. All revenues not included in some other specific fund accounts are included in the general fund revenue account. All revenues associated with the generation of reimbursable full-time equivalent students are included in the general fund revenue account;
(c) "Special revenue account" is defined as a fund used to account for the proceeds of specific revenue sources (other than special assessments, expendable trusts, or for major capital projects) that are legally restricted to expenditure for specific purposes, including revenues from specific projects, grants, contracted out-of-district programs, restricted federal projects, and other contracts for designated purposes;
(d) General education purposes" is defined as those purposes directly associated with the college's basic educational objectives.
(2) When community colleges provide educational services through contracts with agencies, organizations, or industries for their clients and employees, the colleges are entitled to compensation for reimbursable costs as defined by the Office and these rules. The community colleges are responsible for maintaining records that justify their requests for reimbursement from the Office.
(3) Full-time equivalent (FTE) attributable to contracts which are accounted for in a college's general fund revenue account can be added to a college's reimbursable full-time equivalent (RFTE) base and are subject to the reimbursement formula in OAR 589-002-0100. Any funds received under the contract from the contracting agency, business, or industry are to be placed into the college's general fund revenue account, or into the college's special revenue account with the Director’s approval and must be used for general education purposes.
History
- Statutory/Other Authority: ORS 326.051 & 341.626
- Statutes/Other Implemented: ORS 341.626
- DCCWD 5-2015, f. & cert. ef. 10-30-15
- DCCWD 5-2003, f. & cert. ef. 10-20-03
- DCCWD 1-2003, f. & cert. ef. 1-9-03
- DCCWD 1-2001, f. & cert. ef. 3-21-01, Renumbered from 581-041-0220
- EB 12-1991, f. & cert. ef. 7-19-91, Renumbered from 581-043-0255
- 1EB 11-1981, f. 5-6-81, cert. ef. 5-7-81
Or. Admin. R. 589-002-0600 Access by Unserved Areas to Community College Services; and Procedures for Contracted Out-of-District Areas
(1) For the purposes of this rule:
(a) "Nondistrict area" is defined as any geographic area of the state not within a community college district or community college service district;
(b) "Nondistrict student tuition" means tuition paid by residents of the nondistrict area;
(c) "Other nondistrict resources" means gifts, contributions, or grants from individuals, groups, organizations, businesses or industries. It may include financial support from school districts, education service districts, municipalities, counties or another public agency or private organization.
(2) Nothing in this rule is intended to refer to programs provided through contracts between community colleges and state correctional facilities. Those contracts are addressed in OAR 589-002-0700.
(3) Nothing in this rule is intended to refer to programs provided specifically for apprentices, including apprenticeship services as authorized in ORS 660.157(3). Those programs are addressed in division 7, chapter 589, of the Oregon Administrative Rules.
(4) The Office shall determine that sufficient interest exists in a nondistrict area for the formation of a local advisory committee to analyze and advocate community college services when it receives a petition signed by a minimum of 100 persons, or by five percent of the electors registered in each county or part of a county within the designated service area, whichever is less. The Office may ask the county clerk to verify valid petition signatures:
(a) The Office shall furnish the petition form and provide advice to the chief petitioner;
(b) In the event that more than one person seeks chief petitioner status, the Office shall select the party that, in its judgment, can best represent the diverse interests within the nondistrict area.
(5) Upon receipt of the petition, the Office and the chief petitioner shall jointly apply to the county governing body for the appointment of a local advisory committee. The application shall include the names of at least ten nominees agreed to by the Office and the chief petitioner along with brief statements as to the reasons they seek appointment.
(6) Upon application, the governing body of the county shall appoint a local advisory committee and shall insure that the committee is broadly representative of the nondistrict area.
(7) The advisory committee shall:
(a) Examine the educational needs of the residents;
(b) Identify financial and human resources necessary to meet the educational needs;
(c) Identify entities willing to contract with the community college provider;
(d) Promote the community college services desired;
(e) Periodically advise and consult with the designated staff of the contracting community college and the Office regarding services requested and provided; and
(f) Submit biennial evaluation reports to the county governing board, the Office, and the contracting community college. The Office may, at its discretion, require more frequent evaluation reports.
(8) Community college districts and community college service districts may submit proposals to the Office, to become service providers to a nondistrict area:
(a) The proposal shall address information sent by the Office to the colleges describing the boundaries of the nondistrict, the population base, and the services requested;
(b) The college district shall define the elements of its proposed contract including orientation, inservice, materials, recommended tuition and fees, registration and reporting procedures, transcription, advising, timelines, supervision, and budget;
(c) The Office shall select that college that, in its judgment, can best deliver the services requested:
(A) The Office shall make its judgment after considering geographic factors, prior service history, and local advisory committee preference;
(B) The community college district or community college service district selected to be the contractor shall enter into an agreement with the contracting entity;
(C) The agreement is subject to the approval of the Commission or its designee.
(9) The contract between the community college and the local contracting entity must include an annual budget setting forth both revenue and expenditures for services provided to the nondistrict area. The budget shall be based on the following conditions:
(a) The budget must be wholly supported by state funds, nondistrict student tuition, and other nondistrict resources;
(b) While the budget may contain some in-kind contribution from the nondistrict area, a cash contribution, exclusive of tuition, is required.
(10) State reimbursement of costs incurred in providing services subject to the contract will be made based on the formula described in OAR 589-002-0100. Contracts shall not imply any requirement on the part of the state for reimbursement beyond the amounts appropriated for such purposes or beyond the biennial period covered by any such appropriation.
(11) Nondistrict areas operating under contract to a community college district will be eligible for federal Adult Basic Education funds based on the distribution method described in the State Plan for Adult Education and adopted by the Commission.
(12) The cost of education (tuition and fees) to residents of the nondistrict shall be sufficiently low to enable students of low and middle income to attend.
(13) The local nondistrict financial effort shall be in cash:
(a) The contracting entities may exercise the option of increasing local effort in order to reduce tuition costs to students;
(b) The minimum cash contribution that will be required in the budget shall be determined in the following manner:
(A) For the initial contract year, not less than ten percent of the budgeted expenditures must be supported by a cash contribution;
(B) For the second contract year not less than 15 percent of the budgeted expenditures must be supported by a cash contribution;
(C) For the third contract year, and all subsequent years, not less than 20 percent of the budgeted expenditures must be supported by a cash contribution.
(c) Upon request from the college providing the contracted services, the Director may recommend to the Commission a waiver or renegotiation of all or a portion of the matching requirement;
(d) A nondistrict area that contracts for not more than 12 FTE annually shall be subject to a separate cash contribution standard:
(A) Such areas may enter into contracts that provide for no cash contribution for the first three years of service;
(B) For the fourth, and all subsequent years, the cash contribution shall be ten percent of the budgeted expenditures.
(e) Cash may be from any source except that which is prohibited by rule or regulation.
(14) Contracts are subject to the review and approval of the Office:
(a) Contracts may be for one or two years and are renewable. Two-year contracts are subject to annual budget review and possible adjustment by the Office. The Office can choose to entertain bids from other potential contractors in the course of this review;
(b) Contracts will be submitted to the Office by July 1 of the contract year. The Department will determine that the contracting entity has met the cash requirement, that state-approved courses are offered, and that the district providing services provides adequate supervision of the contract;
(c) The Office will evaluate contracted out-of-district services biennially and submit a report to the Commission by May of even-numbered years. The evaluation will include number of individuals served, types of instructional services offered, extent to which the interest and needs of each area have been met, financial effort of each area, and projected service in the next biennium.
(15) The community college districts are responsible for developing the form of the contractual agreements and the method for recording them.
History
- Statutory/Other Authority: ORS 326.051 & 341.024
- Statutes/Other Implemented: ORS 341.019, 341.021, 341.022 & 341.024
- DCCWD 5-2015, f. & cert. ef. 10-30-15
- DCCWD 5-2003, f. & cert. ef. 10-20-03
- DCCWD 1-2003, f. & cert. ef. 1-9-03
- DCCWD 1-2001, f. & cert. ef. 3-21-01, Renumbered from 581-042-0400
- EB 14-1992, f. & cert. ef. 5-13-92
- EB 13-1991, f. & cert. ef. 7-19-91; Renumbered from 581-043-0240 & 581-043-0250
- EB 17-1988, f. & cert. ef. 3-15-88
- EB 16-1988, f. & cert. ef. 3-15-88
- EB 21-1987(Temp), f. & cert. ef. 10-7-87
- 1EB 15-1985, f. 7-3-85, cert. ef. 7-5-85
- 1EB 205, f. 8-20-75, cert. ef. 9-11-75
- 1EB 178, f. 10-18-74, cert. ef. 11-11-74
Or. Admin. R. 589-002-0700 Community College Services for Adults in Custody of State Penitentiary and Correctional Institutions
(1) Community colleges may contract directly with the Department of Corrections (DOC) to provide Adult Basic Education (ABE) or Work Based Education (WBE) services at DOC operated facilities or community colleges may enter into agreements with HECC to provide ABE or WBE services at DOC operated facilities. The HECC may contract with DOC to facilitate and coordinate agreements with the community colleges for ABE or WBE services.
(2) Any contract between the HECC and DOC or the community colleges or any contract between the community colleges and DOC may include agreements relating to all statewide staff training and development, program transferability between correctional institutions, curriculum planning, instructional support, evaluation and assessment, instruction of the persons with disabilities, employee relations, and the range of administrative allowances.
(3) The HECC shall review and approve services to correctional institutions at least once biennially.
History
- Statutory/Other Authority: ORS 326.051 & 341.626
- Statutes/Other Implemented: ORS 341.317
- CCWD 3-2021, amend filed 05/11/2021, effective 05/11/2021
- DCCWD 5-2015, f. & cert. ef. 10-30-15
- DCCWD 5-2003, f. & cert. ef. 10-20-03
- DCCWD 1-2003, f. & cert. ef. 1-9-03
- DCCWD 1-2001, f. & cert. ef. 3-21-01, Renumbered from 581-042-0500
- EB 13-1991, f. & cert. ef. 7-19-91, Renumbered from 581-043-0251
- EB 27-1987, f. & cert. ef. 11-17-87
Or. Admin. R. 589-002-0800 Audit Procedures, Adjustments and Appeals
(1) Notwithstanding the required financial audit required under the Single Audit Act of 1984, P.L. 98-502, the Office and the Commission have a statutory duty to manage public funds in a prudent manner. This duty includes the responsibility to take reasonable action to correct errors and to prevent the unauthorized use of public funds through the use of periodic audits.
(2) The Office may perform periodic on-site financial, performance and/or statistical audits of community colleges, community college service districts, other grantees, and contractors. The audits shall be conducted to determine compliance with applicable statutes and administrative rules, instructions, and grant and contract terms.
(3) Requests for audits may come from the Commission, the Office, community colleges, contractors, or private citizens. Requests from anyone outside the Office must be recommended by the Commissioner, and approved by the Commission.
(4) The audit is to be performed by a person or persons with adequate technical training and proficiency as an auditor.
(5) The Auditor shall prepare a draft report of the audit and forward it to the audited agency with a letter of explanation. The letter will explain alternatives available to the agency in responding to the draft report. The audited agency's responses shall be forwarded within 60 days to the Auditor for evaluation in preparing the final audit report unless an alternative timeline is mutually agreed upon.
(6) After considering the responses, if any, from the agency on the draft audit report, the Auditor will prepare a final audit report. The Director shall forward by letter the final audit report to the audited agency.
(7) Any exceptions involving overclaims (overpayments) or underclaims (underpayments) may be processed as follows unless the Director agrees to an alternative method of adjustment:
(a) Overclaims: The agency will have the option of remitting the excess claim or reducing accordingly the subsequent year's entitlement;
(b) Underclaims: The subsequent year's claim may be adjusted by the amount underclaimed.
(8) The Auditor shall forward audit reports involving overpayment or underpayment to the Commissioner and to the audited agency.
(9) If the audited agency disputes the Office’s determination of an audit exception, the audited agency may appeal to the Commission in the manner provided for a contested case under ORS 183.413 to 183.470. During an appeal, no action will be taken by the Office to effect reimbursement until a decision on the audit under appeal has been reached.
History
- Statutory/Other Authority: ORS 326.051, 341.015 & 341.626
- Statutes/Other Implemented: ORS 291.200, 341.015 & 341.626
- DCCWD 5-2015, f. & cert. ef. 10-30-15
- DCCWD 5-2003, f. & cert. ef. 10-20-03
- DCCWD 1-2003, f. & cert. ef. 1-9-03
- DCCWD 1-2001, f. & cert. ef. 3-21-01, Renumbered from 581-041-0240
- EB 12-1991, f. & cert. ef. 7-19-91
Or. Admin. R. 589-002-0900 Reporting Requirements
(1) Colleges are required to submit, on or before January 30 of each year, reports of the revenues and expenditures, classified according to the format supplied by the Office.
(2) Colleges are required to submit enrollment reports for fourth week estimates by Friday of the fifth week of each term, and a term-end enrollment report by Friday of the sixth week following the close of each term. If reports are outstanding at the time of the quarterly payments, payment to the college(s) not reporting may be delayed at the discretion of the Director.
(3) Colleges are required to submit to the Office one copy of their final audits no later than January 2 of each year following the year for which the audits are conducted.
(4) Rules governing the classification of revenue and expenditure accounts for community colleges are contained in the Community College Accounting Manual published by the Office (latest edition). Budget documents and audit reports will conform to these rules. The Commission adopts this publication to fulfill its responsibilities by reference as set forth in ORS 294.393.
[Publications: Publications referenced are available from the agency.]
History
- Statutory/Other Authority: ORS 294.352, 341.015 & 341.626
- Statutes/Other Implemented: ORS 294.352, 294.356, 341.626 & 341.709
- DCCWD 5-2015, f. & cert. ef. 10-30-15
- DCCWD 1-2001, f. & cert. ef. 3-21-01, Renumbered from 581-041-0250
- EB 12-1991, f. & cert. ef. 7-19-91, Renumbered from 581-043-0265 & 581-043-0266
- EB 33-1989, f. & cert. ef. 11-28-89
- EB 23-1989(Temp), f. & cert. ef. 6-12-89
- EB 5-1988, f. & cert. ef. 1-14-88
- EB 14-1987(Temp), f. & cert. ef. 7-30-87
- EB 10-1987, f. & cert. ef. 5-12-87
- 1EB 5-1982, f. & cert. ef. 2-10-82
Division 3 COMMUNITY COLLEGE CAPITAL PROJECTS
Or. Admin. R. 589-003-0100 Community College Capital Construction and Acquisition
(1) For the purposes of this rule, the following definitions apply:
(a) "Capital construction and acquisition" is defined as new construction, the purchase of existing buildings, remodeling, maintenance, equipment and Americans with Disabilities Act (ADA) projects;
(b) "New construction" is defined as the building of a new facility within the community college district or some significant addition to an existing facility;
(c) "Remodeling" is defined as the renovation, restoration, or repair of an existing college district facility, the result of which places the facility in a position to provide increased access for persons who are disabled, to accommodate new uses, or house expanded activities;
(d) "Maintenance" is defined as the renovation, restoration, repair, or replacement of any college district facilities system, or component part of such a system. Maintenance is distinguished from remodeling by the fact that it does not add to the value of the property or prolong the life of the property, but merely keeps the property in an operating condition over the useful life for which the property was acquired. Facilities systems include, but are not limited to, water systems, sewer and drainage systems, HVAC systems, light systems, road systems, electrical systems, carpets, floors, roofs, walkways, and parking lots;
(e) "Equipment" is defined as tangible personal property of a non-consumable nature, with a useful life of more than one year and a cost exceeding a dollar amount to be specified by the Office;
(f) ADA projects is defined as new construction, remodeling, maintenance or equipment needed to meet the requirements of the American with Disabilities Act as defined in Public Law 101-336, as amended by PL 110-325 and the 2010 ADAAG Standards;
(g) "Eligible Projects" is defined as any construction, remodeling, maintenance, ADA project, or equipment request not prohibited by state statute or administrative rule. ORS 341.933(1) prohibits the use of state funds for the construction of student or faculty housing, facilities for spectators at athletic events, recreational facilities, student health facilities, and noninstructional portions of student centers; and
(h) "Instructional Purpose" is defined as those activities that directly support classroom, shop, or laboratory teaching, basic skills teaching, customized training, tutoring, student testing and assessment, student advising or counseling, and library services.
(2) Colleges shall prepare five-year capital plans documenting their new construction, remodeling, maintenance, equipment and ADA project needs, and the projected costs of meeting these needs.
(3) The Commission shall rely upon the submitted capital plans for the development of capital construction requests made to the Department of Administrative Services and Legislature. The Commission shall approve all capital construction requests prior to submission to the Department of Administrative Services or Legislature.
(4) In its final budget request for new construction, remodeling, maintenance, equipment, and ADA projects, the Commission shall list these projects in priority order and assign higher relative rank based on criteria as displayed in Table 1, “Community College Capital Project Review Criteria.”
(5) Pursuant to ORS 341.937, and notwithstanding section (4) of this rule, the Commission shall include amounts for capital improvements in its budget request for each biennium that will be applied to the substantial reduction and eventual elimination of barriers to access by disabled persons. These capital improvements may include, but are not limited to, ADA projects. The Commission shall identify the projects as separate items on the list of capital construction projects that it submits to the Executive Branch or Legislature. The inclusion of the budget requests for these projects shall be made after consultation with the community colleges and their representatives of the disabled community at the colleges. The Commission may also include these projects on the prioritized list of projects referenced in section (5) of this rule.
(6) New construction, remodeling, and ADA projects that include new construction, maintenance, or remodeling shall be subject to the following special considerations:
(a) The cost of necessary initial equipment for a new or remodeled facility shall be an allowable expense within a new construction, remodeling or ADA project request;
(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 not 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 must represent the smallest practical parcel of land that will serve the acquired facility;
(d) Property subject to a leasehold interest by the college shall be eligible for remodeling funds provided the leasehold extends for at least five years beyond the date of any stated funded improvements;
(e) In accordance with ORS 350.379, institutions of higher education will report to the Joint Committee of 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.
(f) New construction projects must affect facilities within the boundaries of the requesting district. Remodeling projects in areas served under an existing contracted-out-of-district agreement shall be eligible projects provided such projects otherwise qualify under this rule.
(7) In addition to requests for new construction, remodeling and ADA project funds, the Commission may make requests to the Department of Administrative Services and the Legislature for equipment purchases. The Commission shall rely upon the submitted five-year capital plans for the development of such requests. The Commission shall consult with college officials prior to developing any proposed distribution methods for equipment funds. The Commission shall not request state funds for equipment purchases that would support programs associated with those ineligible facilities listed in ORS 341.933(1).
(8) Commission requests for capital construction projects shall comply with ORS 286A.860 , and 2013 Oregon Laws, Chapter 705. The matching of state bond funds shall come from sources which may include tuition, local property tax revenues, local bond issues, 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. A community college district must provide an accounting of all funds expended for any project or purchase subject to this rule. A community college may not have more than one project approved for funding with general obligation bonds authorized to be issued under Article XI-G of the Oregon Constitution. The aggregate amount authorized for issuance of state general obligation bonds under Article XI-G of the Oregon Constitution for projects at a single community college may not exceed $12 million.
(9) The board of a community college district applying for state funds appropriated for new construction, remodeling, maintenance, or ADA new construction or remodeling project purposes shall submit plans, or reasonable estimates as appropriate, of the proposed project to the director prior to receiving any appropriation for such project. These plans shall include pertinent construction or remodeling documents and cost estimates. Upon approval of the project plans, the district may proceed to obtain bids and award construction or remodeling contracts.
(10) Upon award of the new construction, remodeling or ADA project funding, the Director shall set aside those state funds appropriated for the project. The agency shall distribute project funds to the district in periodic payments related to the progress of construction or remodeling. The amount paid to the district may not exceed:
(a) The state share of the capital construction and acquisition costs; or
(b) The amount appropriated for capital construction and acquisition costs, whichever is less.
(11) If, prior to completion of the capital construction and acquisition project, it is found necessary or desirable to substantially modify the contract or specifications covering construction or remodeling, the district must submit such modifications to the Director for approval.
(12) The community college district shall submit such records and reports during the construction or remodeling period and after completion thereof as the Director may require.
(13) The board of a community college district applying for state funds appropriated for equipment purchases shall prepare detailed descriptions of the purchases or projects. These descriptions shall be submitted to the Director along with pertinent specifications and cost estimates. Upon approval of the descriptions, the district may proceed to obtain bids and award contracts.
(14) Upon award of the grant to the college, the Director shall set aside those state funds appropriated for the equipment purchases. The Office shall distribute the equipment funds to the district on a schedule to be determined by the Director after consulting with the affected district. The amount paid to the district may not exceed:
(a) The state share of the equipment costs; or
(b) The amount appropriated for the equipment costs, whichever is less.
(15) If, at any time, it is found necessary or desirable to modify substantially a planned equipment purchase, the district must submit such modifications to the Director for approval.
(16) The community college district shall submit such records and reports during and after the equipment purchase as the Director may require.
(17) Title to any real and/or personal property items acquired under this rule is vested with the individual college receiving state funding at the time the college acquires the real and personal property.
[ED. NOTE: To view attachments referenced in rule text, click here to view rule.]
History
- Statutory/Other Authority: 341.933
- Statutes/Other Implemented: 341.937 & SB 5505 (2025), Section 9(2)
- CCWD 12-2025, amend filed 10/10/2025, effective 10/10/2025
- CCWD 6-2023, amend filed 11/09/2023, effective 11/09/2023
- DCCWD 5-2015, f. & cert. ef. 10-30-15
- DCCWD 5-2003, f. & cert. ef. 10-20-03
- DCCWD 1-2003, f. & cert. ef. 1-9-03
- DCCWD 1-2001, f. & cert. ef. 3-21-01, Renumbered from 581-041-0230
- EB 12-1991, f. & cert. ef. 7-19-91, Renumbered from 581-041-0040
- EB 21-1989, f. & cert. ef. 5-17-89
- EB 4-1988, f. & cert. ef. 1-14-88
- EB 13-1987(Temp), f. & cert. ef. 7-30-87
- 1EB 25-1986, f. & cert. ef. 7-17-86
Division 4 STUDENT RECORDS
Or. Admin. R. 589-004-0100 Definitions
As used in OAR 589-004-0100 through 589-004-0750, the following definitions apply:
(1) "Directory Information" means information contained in an education record of a student which would not generally be considered harmful or an invasion of privacy if disclosed. Directory information may include, but is not limited to, the student's name, address, telephone number, date and place of birth, major field of study, participation in officially recognized activities and sports, weight and height of members of athletic teams, dates of attendance, degrees and awards received, and the most recent previous educational institution attended. Each college shall determine what information is designated "directory information."
(2) "Disclosure" means to permit access to or the release, transfer, or other communication of education records, or the personally identifiable information contained in those records, including social security number, to any party, by any means, including oral, written, or electronic means.
(3) "Education Records":
(a) The term means those records that are directly related to a student and maintained by a community college or by a party acting for the community college;
(b) The term does not include:
(A) Records of instructional, supervisory and administrative personnel and educational personnel ancillary to those persons that are kept in the sole possession of the maker of the record, and are not accessible or revealed to any other person except a temporary substitute for the maker of the record;
(B) Records of a law enforcement unit of a community college;
(C) Records relating to an individual who is employed by a community college, that are made and maintained in the normal course of business, that relate exclusively to the individual in that individual's capacity as an employee and that are not available for use for any other purposes. Records relating to an individual in attendance at the college who is employed as a result of his or her status as a student are education records and are not excepted under this subsection;
(D) Faculty records, relating to personal matters of faculty members such as conduct, personal and academic evaluations, and disciplinary actions;
(E) Records on a student who is attending a community college that are:
(i) Made or maintained by a physician, psychiatrist, psychologist or other recognized professional or other recognized professional or paraprofessional acting in his or her professional capacity or assisting in a paraprofessional capacity;
(ii) Made, maintained, or used only in connection with treatment of the student; and
(iii) Disclosed only to individuals providing the treatment. For the purpose of this definition, "treatment" does not include remedial educational activities or activities that are part of the program of instruction at the college.
(F) Records that only contain information relating to activities in which an individual engaged after he or she is no longer a student at that community college;
(G) Medical or nursing records which are made or maintained separately and solely by a licensed health care professional and which are not used for education purposes or planning.
(4) "Oregon Community College Unified Reporting System (OCCURS)" describes an informal consortium of community colleges, the Office of Community Colleges and Workforce Development and the Oregon Community College Association, acting together to provide standard data and reporting formats necessary to improve community college programs, evaluate program effectiveness, and report to various governing bodies and agencies. OCCURS staff and committees acting in support of OCCURS are agents of the consortium members for the purposes of OAR 589-004-0150 through 589-004-0750.
(5) "Party" means an individual, agency, institution, or organization.
(6) "Personally Identifiable Information" includes, but is not limited to:
(a) The student's name;
(b) The name of the student's parent, children, spouse or other family members;
(c) The address of the student or the student's family;
(d) The telephone number of the student or the student's family;
(e) A photograph of the student;
(f) A personal identifier, such as the student's social security number or student number;
(g) A list of personal characteristics that would make the student's identity easily traceable; or
(h) Other information that would make the student's identity easily traceable.
(7) "Record" means any information recorded in any way, including but not limited to handwritten, printed, taped, filmed, microfilmed, microfiched, electronically and/or digitally recorded.
(8) "Student" means any individual who is or has been in attendance at an Oregon community college and regarding whom the college maintains education records.
History
- Statutory/Other Authority: ORS 326.051, 341.015 & 341.290(17)
- Statutes/Other Implemented: ORS 341.290
- DCCWD 5-2015, f. & cert. ef. 10-30-15
- DCCWD 1-2001, f. & cert. ef. 3-21-01, Renumbered from 581-041-0410
- EB 7-1994, f. & cert. ef. 4-29-94
Or. Admin. R. 589-004-0150 Applicability of Student Record Rules
OAR 589-004-0150 through 589-004-0750 apply to records of students enrolled in Oregon community colleges, including students who have not reached 18 years of age.
History
- Statutory/Other Authority: ORS 326.015, 341.105 & 341.290(17)
- Statutes/Other Implemented: ORS 341.290
- DCCWD 5-2015, f. & cert. ef. 10-30-15
- DCCWD 1-2001, f. & cert. ef. 3-21-01, Renumbered from 581-041-0400
- EB 7-1994, f. & cert. ef. 4-29-94
Or. Admin. R. 589-004-0200 Student Record Policies to be Adopted by a Community College Board of Education
(1) Each community college shall adopt a policy regarding how the college meets the requirements of OAR 589-004-0150 through 589-004-0750. The policy shall include:
(a) How the agency or institution informs students of their rights, in accordance with these rules;
(b) How a student may inspect and review education records under OAR 589-004-0250, including at least:
(A) The procedure the student must follow to inspect and review the records;
(B) With an understanding that it may not deny access to education records, a description of the circumstances in which the agency or institution believes it has a legitimate cause to deny a request for a copy of those records;
(C) A schedule of fees, if any, to be charged for copies; and
(D) A list of the types and locations of education records maintained by the agency or institution, and the titles and addresses of the officials responsible for the records.
(c) How a college notifies students about information requirements, including the use of social security numbers, in relation to the extension of credit in the form of student loans and deferred tuition payments in accordance with OAR 589-004-0400(6);
(d) A statement that personally identifiable information will not be released from an education record without the prior consent of the student, except under one or more of the conditions described in OAR 589-004-0500;
(e) A statement indicating whether the community college has a policy of disclosing personally identifiable information under OAR 589-004-0500, and if so, a specification of the criteria for determining which parties are education officials and what the college considers to be a legitimate educational interest;
(f) A statement that a record of disclosures will be maintained as required by OAR 589-004-0750, and that a student may inspect and review that record;
(g) A specification of the types of personally identifiable information the college has designated as directory information;
(h) A statement that the college permits a student to request correction of the student's educational records and to amend that record under OAR 589-004-0250, and to obtain a hearing under OAR 589-004-0350;
(i) A statement regarding the college's policy on maintaining permanent records on students. Permanent records may, but need not, include the:
(A) Name of college;
(B) Full name of student;
(C) Student birth date;
(D) Date of entry into the college;
(E) Name of school or college previously attended;
(F) Subjects taken;
(G) Assessment of student work in those subjects;
(H) Credits earned;
(I) Date of withdrawal from college;
(J) Social security number, subject to subsection (1)(i) of this rule and OAR 589-004-0400; and
(K) Such additional information as the college may prescribe;
(j) A statement that the college will request the social security number of a student and will include the social security number on the permanent student record only if the student agrees to the request, under conditions described in OAR 589-004-0400;
(k) A statement that the college provides for the retention of permanent records in a manner secure from accidental destruction or intentional tampering;
(l) A statement that the college maintains records of disclosure of student information in accordance with OAR 589-004-0750; and
(m) A statement that upon receipt of a request for the transfer of education records from another school or institution of postsecondary education where the student intends to enroll, the college shall:
(A) Make a reasonable effort to notify the student at the student's last known address, unless the disclosure was either initiated by the student or the college has a policy that includes a notice as prescribed under subsection (a) of this section that the college will forward education records without prior notice to another school or institution of postsecondary education where the student intends to enroll; and
(B) Give the student, upon request, a copy of the records as provided under OAR 589-004-0250 and the opportunity to request a hearing as provided under OAR 589-004-0350.
(2) Each community college shall adopt a policy regarding the disclosure of directory information.
(3) A college may disclose directory information if it has given public notice to students in attendance at the college of:
(a) The types of personally identifiable information that the college has designated as directory information;
(b) A student's right to refuse to let the college designate any or all of those types of information about the student as directory information; and
(c) The period of time within which a student has to notify the college in writing that he or she does not want any or all of those types of information about the student designated as directory information.
(4) A college may disclose directory information about former students without meeting the conditions in section (3) of this rule.
(5) The policy shall be adopted by the college's Board of Education, and a copy shall be available on request to students.
History
- Statutory/Other Authority: ORS 326.051, 341.015 & 341.290(17)
- Statutes/Other Implemented: ORS 341.290
- DCCWD 5-2015, f. & cert. ef. 10-30-15
- DCCWD 1-2001, f. & cert. ef. 3-21-01, Renumbered from 581-041-0420
- EB 7-1994, f. & cert. ef. 4-29-94
Or. Admin. R. 589-004-0250 Rights of Inspection, Review, and Amendment
(1) Except as limited under section (7) of this rule, each college shall permit a student to inspect and review the education records of that student.
(2) The college shall comply with a request for access to records within a reasonable period of time, but in no case more than 45 days after it has received the request.
(3) The college shall respond to reasonable requests for explanations and interpretations of the records.
(4) If a student so requests, the college shall give the student a copy of the student's education records pursuant to ORS 192.440, except that no copy of test protocols, test questions and answers, and other documents described in ORS 192.501(4) shall be provided unless required by federal law.
(5) The college shall not destroy any education records if there is an outstanding request to inspect and review the records under this section.
(6) While a college is not required to give a student access to treatment records under the definition of "education records" in OAR 589-004-0100(3)(b)(E), the student may, at his or her expense, have those records reviewed by a physician or other appropriate professional of the student's choice.
(7) If the education records of a student contain information on more than one student, the student may inspect, review or be informed of only the specific information about that student.
(8) A college does not have to permit a student to inspect and review the following records:
(a) Financial records of the student's parents;
(b) Confidential letters and statements of recommendation if the student has waived his or her right to inspect the letters and statements under the procedure in 34 CFR, Section 99.12(b)(3).
(9) If a student believes the education records relating to the student contain information that is inaccurate, misleading, or in violation of the student's rights of privacy or other rights, he or she may ask the college to amend the record.
(10) The college shall decide whether to amend the record as requested within a reasonable time after the college receives the request.
(11) If the college decides not to amend the record as requested, it shall inform the student of its decision and of his or her right to a hearing under OAR 589-004-0350.
[Publications: Publications referenced are available from the agency.]
History
- Statutory/Other Authority: ORS 326.051, 341.015 & 341.290(17)
- Statutes/Other Implemented: ORS 192.440, 192.501(4) & 341.290
- DCCWD 5-2015, f. & cert. ef. 10-30-15
- DCCWD 1-2001, f. & cert. ef. 3-21-01, Renumbered from 581-041-0430
- EB 7-1994, f. & cert. ef. 4-29-94
Or. Admin. R. 589-004-0300 Fees for Copies of Education Records
(1) Educational records are public records under ORS 192.410 through 192.505 for purposes of charging fees.
(2) Unless the imposition of a fee effectively prevents a student from exercising the right to inspect and review the student's education records, a college may charge a fee for a copy of an educational record that is made for the student subject to section (3) of this rule.
(3) Notwithstanding ORS 192.440(3), a college may not charge the student a fee to search for or to retrieve the education records of the student. Such fees may be charged to persons who are not students, including persons seeking education records pursuant to a subpoena.
History
- Statutory/Other Authority: ORS 326.051, 341.015 & 341.290(17)
- Statutes/Other Implemented: ORS 192.440 & 341.290
- DCCWD 5-2015, f. & cert. ef. 10-30-15
- DCCWD 1-2001, f. & cert. ef. 3-21-01, Renumbered from 581-041-0440
- EB 7-1994, f. & cert. ef. 4-29-94
Or. Admin. R. 589-004-0350 Right to a Hearing to Challenge Content and Conduct of a Hearing
(1) A college shall give a student, on request, an opportunity for a hearing to challenge the content of the student's education records on the grounds that the information contained in the education records is inaccurate, misleading, or in violation of the privacy or other rights of the student.
(2) If, as a result of the hearing, the college decides that the information is inaccurate, misleading, or otherwise in violation of the privacy or other rights of the student, it shall:
(a) Amend the record accordingly; and
(b) Inform the student of the amendment in writing.
(3) If, as a result of the hearing, the college decides that the information in the education record is not inaccurate, misleading, or otherwise in violation of the privacy or other rights of the student, it shall inform the student of the right to place a statement in the hearing record commenting on the contested information in the record or stating why he or she disagrees with the decision of the college, or both.
(4) If a college places a statement in the record of the hearing under section (3) of this rule, the college shall:
(a) Maintain the statement with the contested part of the record for as long as the record is maintained; and
(b) Disclose the statement whenever it discloses the portion of the record to which the statement relates;
(c) Electronic student records shall be flagged to indicate a contested case hearing record exists.
(5) The hearing required by section (1) of this rule must meet at a minimum the following requirements:
(a) The college shall hold the hearing within a reasonable time after it has received the request for the hearing from the student;
(b) The college shall give the student notice of the date, time, and place reasonably in advance of the hearing;
(c) The hearing may be conducted by any individual, including an official of the college, who does not have a direct interest in the outcome of the hearing;
(d) The college shall give the student a full and fair opportunity to present evidence relevant to the issues raised under this rule. The student may, at his or her own expense, be assisted or represented by one or more individuals of his or her own choice, including an attorney;
(e) The college shall make its decision in writing within a reasonable period of time after the hearing;
(f) The decision must be based solely on the evidence presented at the hearing, and must include a summary of the evidence and the reasons for the decision.
History
- Statutory/Other Authority: ORS 326.051, 341.015 & 341.290(17)
- Statutes/Other Implemented: ORS 341.290
- DCCWD 5-2015, f. & cert. ef. 10-30-15
- DCCWD 1-2001, f. & cert. ef. 3-21-01, Renumbered from 581-041-0450
- EB 7-1994, f. & cert. ef. 4-29-94
Or. Admin. R. 589-004-0400 Student Release of Social Security Numbers
(1) Community colleges are required to request that students release their social security numbers for the purposes of record-keeping and research. The request made to the student shall notify the student that:
(a) Release of the social security number is voluntary;
(b) Request for release is made under the authority of ORS 341.290(17); and
(c) Specific uses will be made of the social security number. Those specific uses must be described in the notification.
(2) The request to a student to release his or her social security number shall conform to forms and/or procedures developed and published by the Commission. Any alteration by a college in the wording or procedure must be approved by the Director or designee under the authority of the Commission. The Commission may revise the wording only with a minimum of 90 days' notice to the colleges and only with the input of the colleges.
(3) If a college determines that it needs to use the social security number for a purpose other than those described on the disclosure form, the college may add that use its disclosure form. The additional wording must be approved by the Director or designee before it is added to the disclosure statement.
(4) Under no circumstances may a college require a student to release his or her social security number unless the release is specifically mandated by federal law (as in federal financial aid law and payroll requirements).
(5) A college may not deny any student any right, benefit or privilege provided by law because of the student's refusal to disclose his or her social security account number. However, this provision does not apply with respect to any disclosure that is mandated by federal law.
(6) If a student refuses to release his or her social security number, the college may assign an alternative student identification number. Such a number is personally identifiable information as defined in OAR 589-004-0100(6) and is governed by disclosure requirements set forth in OAR 589-004-0450.
(7) A college that extends credit in the form of student loans or deferred tuition payments may request that the student voluntarily provide his or her social security number through a disclosure form separate from the form described in section (2) of this rule. Any such form shall be approved by the Director or designee prior to implementation.
History
- Statutory/Other Authority: ORS 326.051, 341.015 & 341.290(17)
- Statutes/Other Implemented: ORS 341.290 & Family Educational Rights and Privacy Act of 1974
- DCCWD 5-2015, f. & cert. ef. 10-30-15
- DCCWD 1-2001, f. & cert. ef. 3-21-01, Renumbered from 581-041-0460
- EB 7-1994, f. & cert. ef. 4-29-94
Or. Admin. R. 589-004-0450 Prior Consent to Disclose Information
(1) The student shall provide written consent before a college discloses personally identifiable information from the student's education records, except as provided in OAR 589-004-0500, and in accordance with the college's policy adopted under OAR 589-004-0200(1)(d).
(2) The consent must:
(a) Specify the records that may be disclosed;
(b) State the purpose of the disclosure; and
(c) Identify the party or class of parties to whom the disclosure may be made.
(3) When a disclosure is made under section (1) of this rule, if the student so requests, the college shall provide him or her with a copy of the records disclosed. "Records disclosed" may consist of a list of data elements included in OCCURS records.
(4) A record of consent shall be maintained for as long as the individual's records are maintained.
History
- Statutory/Other Authority: ORS 326.051, 341.015 & 341.290(17)
- Statutes/Other Implemented: ORS 341.290
- DCCWD 5-2015, f. & cert. ef. 10-30-15
- DCCWD 1-2001, f. & cert. ef. 3-21-01, Renumbered from 581-041-0470
- EB 7-1994, f. & cert. ef. 4-29-94
Or. Admin. R. 589-004-0500 Exceptions to Prior Consent Requirement
A college may disclose personally identifiable information from an education record of a student without the consent required by OAR 589-004-0450 if the disclosure meets one or more of the following conditions:
(1) The disclosure is to other school officials, including teachers, athletic directors, coaches and counselors within the college who have legitimate educational interests in the records.
(2) The disclosure is, subject to the requirements of OAR 589-004-0200(1)(m), to officials of another school, school system or institution of postsecondary education where the student seeks or intends to enroll.
(3)(a) The disclosure is for the purposes of an audit or evaluation of federal or state supported education programs, or for the enforcement of or compliance with federal or state legal requirements which relate to those programs, and is to authorized representatives of:
(A) The Comptroller General of the United States;
(B) The Secretary of the United States Department of Education; or
(C) State or local educational authorities.
(b) Information that is collected under subsection (a) of this section must:
(A) Be protected in a manner that does not permit personal identification of individuals by anyone except the officials referred to in subsection (a) of this section; and
(B) Be destroyed when no longer needed for the purposes listed in subsection (a) of this section.
(c) Subsection (b) of this section does not apply if:
(A) The student has given written consent for the disclosure under OAR 589-004-0450; or
(B) The collection of personally identifiable information is specifically authorized by federal law.
(4) The disclosure is in connection with financial aid for which the student has applied or which the student has received, if the information is necessary for such purposes as to:
(a) Determine eligibility for the aid;
(b) Determine the amount of the aid;
(c) Determine the conditions for the aid; or
(d) Enforce the terms and conditions of the aid;
(e) As used in this section, "financial aid" means a payment of funds provided to an individual (or a payment in kind of tangible or intangible property to the individual) that is conditioned on the individual's attendance at an education agency or institution;
(f) If the student refuses to consent to disclosure of personally identifiable information and/or his/her social security number, but releases the social security number as a condition of receiving financial aid, the college shall mask the social security number to ensure it is used only for purposes allowed under federal financial aid law.
(5)(a) The disclosure is to organizations conducting studies for, or on behalf of, educational agencies or institutions to:
(A) Develop, validate, or administer predictive tests;
(B) Administer student aid programs; or
(C) Improve instruction.
(b) The agency or institution may disclose information under this section only if:
(A) The study is conducted in a manner that does not permit personal identification of parents and students by individuals other than representatives of the organization; and
(B) The information is destroyed when no longer needed for the purposes for which the study was conducted.
(c) For the purposes of this section, the term "organization" includes, but is not limited to, federal, state, and local agencies, and independent organizations.
(6) The disclosure is to accrediting organizations to carry out their accrediting functions.
(7) The disclosure is to parents of a dependent student as defined in Section 152 of the Internal Revenue Code.
(8) The disclosure is to comply with a judicial order or lawfully issued subpoena. The educational agency or institution may disclose information under this section only if the agency or institution makes a reasonable effort to notify the student of the order or subpoena in advance of compliance.
(9) The disclosure is to law enforcement, child protective services, and health care professionals, and other appropriate parties in connection with a health and safety emergency if knowledge of the information is necessary to protect the health and safety of the student or other individuals.
(10) The disclosure is information the educational agency or institution has designated as "directory information", under the conditions described in OAR 589-004-0100(1) and 589-004-0200(2) through (5).
[Publications: Publications referenced are available from the agency.]
History
- Statutory/Other Authority: ORS 326.051, 341.015 & 341.290(17)
- Statutes/Other Implemented: ORS 341.290
- DCCWD 5-2015, f. & cert. ef. 10-30-15
- DCCWD 1-2001, f. & cert. ef. 3-21-01, Renumbered from 581-041-0480
- EB 7-1994, f. & cert. ef. 4-29-94
Or. Admin. R. 589-004-0550 Penalties for Misuse
Any officer or employee of OCCURS or of the Office of Community Colleges and Workforce Development or of any other state agency who has access to personally identifiable student records maintained and/or provided by a community college who, without proper authority, shall disclose such information may be disqualified from holding any appointment or employment with the State of Oregon, in accordance with ORS 657.665(6).
History
- Statutory/Other Authority: ORS 341.015, ORS 341.290(17) & ORS 350.075
- Statutes/Other Implemented: ORS 341.290 & ORS 657.665
- CCWD 8-2025, minor correction filed 08/27/2025, effective 08/27/2025
- DCCWD 5-2015, f. & cert. ef. 10-30-15
- DCCWD 1-2001, f. & cert. ef. 3-21-01, Renumbered from 581-041-0490
- EB 7-1994, f. & cert. ef. 4-29-94
Or. Admin. R. 589-004-0600 Redisclosing Information
(1) Any party who receives student records containing personally identifiable information from a community college or colleges may disclose that information to a third party only if the student has been notified of the redisclosure and its purpose in the original disclosure notice and has consented, unless redisclosure falls under the exceptions described in OAR 589-004-0500.
(2) Social security numbers disclosed to the Performance Reporting Information System must be encoded either by the originating college or by OCCURS, as required in ORS 657.734 .
(3) Community colleges, OCCURS, or other parties may share and publish aggregate data which do not identify any individual student, without meeting the consent requirements of section (1) of this rule.
History
- Statutory/Other Authority: ORS 326.051, 341.015 & 341.290(17)
- Statutes/Other Implemented: ORS 329.965, 341.290, 20 U.S.C. Sec. 1232g (b)(5) & 34 CFR Sec. 99.32(a)
- DCCWD 5-2015, f. & cert. ef. 10-30-15
- DCCWD 1-2001, f. & cert. ef. 3-21-01, Renumbered from 581-041-0500
- EB 7-1994, f. & cert. ef. 4-29-94
Or. Admin. R. 589-004-0650 Filing a Federal Complaint
(1) A person may file a written complaint with the Family Policy Compliance Office, United States Department of Education, regarding an alleged violation under the Family Educational Rights and Privacy Act. The Office's address is: Family Policy and Compliance Office, U.S. Department of Education, Washington, D.C. 20202-4605.
(2) A timely complaint under section (1) of this rule is defined as an allegation of a violation of the Family Educational Rights and Privacy Act that is submitted to the Family Policy Compliance Office within 180 days of the date of the alleged violation or of the date that the complainant knew or reasonably should have known of the alleged violation.
(3) The Family Policy Compliance Office extends the time limit in section (2) of this rule if the complainant shows that he or she was prevented by circumstances beyond the complainant's control from submitting the matter within the time limit, or for other reasons considered sufficient by the Family Policy Compliance Office.
History
- Statutory/Other Authority: ORS 326.051, 341.015 & 341.290(17)
- Statutes/Other Implemented: ORS 341.290 & 34 CFR Sec. 99 et seq.
- DCCWD 5-2015, f. & cert. ef. 10-30-15
- DCCWD 1-2001, f. & cert. ef. 3-21-01, Renumbered from 581-041-0510
- EB 7-1994, f. & cert. ef. 4-29-94
Or. Admin. R. 589-004-0700 Civil Action
Any person claiming to be aggrieved by the reckless disclosure of personally identifiable information from a student's education records, as prohibited by OAR 589-004-0150 through 589-004-0550, may file a civil action in circuit court pursuant to ORS 30.864.
History
- Statutory/Other Authority: ORS 30.864, 351.735 & ORS 341.015
- Statutes/Other Implemented: ORS 30.864 & ORS 341.290
- DCCWD 5-2015, f. & cert. ef. 10-30-15
- DCCWD 1-2001, f. & cert. ef. 3-21-01, Renumbered from 581-041-0520
- EB 7-1994, f. & cert. ef. 4-29-94
Or. Admin. R. 589-004-0750 Recordkeeping Requirements
(1) A college shall maintain a record of each request for access to and each disclosure of personally identifiable information from the education records of each student:
(a) The college shall maintain the record with the education records of the student as long as the records are maintained;
(b) For each request or disclosure the record must include:
(A) The parties who have requested or received personally identifiable information from the education records; and
(B) The legitimate interests the parties had in requesting or obtaining the information;
(c) Colleges that maintain electronic records may flag those records to refer to disclosure information which applies to all students;
(d) For purpose of ongoing submission of records to OCCURS, a single record or electronic flag referring to OCCURS policy on data elements collected and transmitted shall constitute appropriate recordkeeping.
(2) If a college discloses personally identifiable information from an education record with the understanding authorized under section (1) of this rule, the record of disclosure required under this section must include:
(a) The names of the additional parties to which the receiving party may disclose the information on behalf of the college; and
(b) The legitimate interests under OAR 589-004-0500 which each of the additional parties has in requesting or obtaining the information.
(3) A college is not required to keep records of disclosures when the disclosure is to:
(a) The student who is the subject of the record;
(b) A college official with a legitimate educational reason under OAR 589-004-0500(1);
(c) A party with written consent from the student; or
(d) A party seeking directory information.
History
- Statutory/Other Authority: ORS 326.051, 341.015 & 341.290(17)
- Statutes/Other Implemented: ORS 341.290, 20 U.S.C. Sec 1232g(b)(5) & 34 CFR Sec. 9932(a)
- DCCWD 5-2015, f. & cert. ef. 10-30-15
- DCCWD 1-2001, f. & cert. ef. 3-21-01, Renumbered from 581-041-0530
- EB 7-1994, f. & cert. ef. 4-29-94
Division 5 COMMUNITY COLLEGE FORMATION AND ANNEXATION
Or. Admin. R. 589-005-0100 Formation of a Community College District
(1) The petition submitted to the Commission pursuant to ORS 341.025 for approval of the formation of a community college district shall include the following:
(a) Total population within the proposed community college district;
(b) True cash and assessed valuation of the proposed community college district and property tax rates in effect in the proposed college district;
(c) High school enrollment within the proposed community college district;
(d) Maps showing the location of high schools within the proposed community college district;
(e) Employment trends in the proposed community college district.
(f) The minimum number of required signatures of 500, or 10 percent, of the electors registered in each county or parts of counties within the designated territory, whichever is the lesser. The number of required signatures for each county or parts of counties shall be proportionate to the qualified voters of the entire proposed community college district.
(g) The boundaries of the territory to be included in the proposed community college district which may include all or part of the territory lying within the boundaries of a school district and may be located in more than one county;
(h) The method of nomination and election of the board of education of the proposed community college district from among the methods described in ORS 341.327.
(2) In addition to the criteria set forth under ORS 341.045, and in keeping with its responsibilities outlined under ORS 341.055 and 341.065, the Commission shall determine whether the formation of a community college district is warranted.
(3) In considering whether residents of an area will materially benefit from inclusion in a community college district, as described in ORS 341.055, the Commission shall consider:
(a) The number of potential students living within 50 miles of the location of the proposed community college district's main campus;
(b) Other indications that a community of interest exists that connects the area to the proposed community college district.
History
- Statutory/Other Authority: ORS 326.051 & 341.025
- Statutes/Other Implemented: ORS 341.025 - 341.185
- DCCWD 5-2015, f. & cert. ef. 10-30-15
- DCCWD 5-2003, f. & cert. ef. 10-20-03
- DCCWD 1-2003, f. & cert. ef. 1-9-03
- DCCWD 1-2001, f. & cert. ef. 3-21-01, Renumbered from 581-042-0150
- EB 13-1991, f. & cert. ef. 7-19-91, Renumbered from 581-041-0005, 581-41-010 & 581-041-0015
- 1EB 131, f. 5-19-72, cert. ef. 6-1-72
Or. Admin. R. 589-005-0200 Formation and Definition of a Community College Service District
(1) For the purposes of this rule, "community college service district" is defined as a district that is governed by the laws applicable to community college districts but which:
(a) May not incur bonded indebtedness for any purpose; and
(b) Must undergo an annual review by its board to determine which district services can most effectively and economically be delivered directly and which services can best be delivered through contracting arrangements.
(2) A petition for the formation of a community college service district shall contain the same information required for formation of a community college district set forth in OAR 589-005-0100.
(3) A petition affecting a territory that, in the judgment of the Director, will not generate an annual enrollment in excess of 1,000 full-time equivalent students after three years of operation shall be considered to be a petition for the formation of a community college service district.
(4) In addition to the criteria set forth under ORS 341.045, and in keeping with its responsibilities outlined under ORS 341.055 and 341.065, the Commission shall use the following criteria in determining whether the formation of a community college service district is warranted:
(a) The community college-type education services needed for the petitioning area can best be served by a community college service district which contracts for instructional services;
(b) A community college service district can more effectively provide the needed educational services than other existing districts.
History
- Statutory/Other Authority: ORS 326.051 & 341.025
- Statutes/Other Implemented: ORS 341.039
- DCCWD 5-2015, f. & cert. ef. 10-30-15
- DCCWD 5-2003, f. & cert. ef. 10-20-03
- DCCWD 1-2003, f. & cert. ef. 1-9-03
- DCCWD 1-2001, f. & cert. ef. 3-21-01, Renumbered from 581-042-0200
- EB 13-1991, f. & cert. ef. 7-19-91, Renumbered from 581-043-0220 & 581-043-0230
- EB 22-1989(Temp), f. & cert. ef. 6-12-89
- 1EB 178, f. 10-18-74, cert. ef. 11-11-74
Or. Admin. R. 589-005-0300 Boundary Changes
(1) The Commission shall constitute the boundary board for community college districts. The Commission on its own motion or on petition from a petitioning territory may propose changes in the boundaries of a community college district. The Commission must find that the proposed change will have no substantially adverse effect upon the ability of the affected districts to provide and continue their program and is not made solely for tax advantages to property owners in the district or area affected by the proposed change.
(2) Petitions for community college boundary changes shall contain the following information:
(a) A statement describing and map of the boundary change requested;
(b) A full and complete description of the area proposed to be included within or excluded from the community college district. The area description may be by counties, cities, school districts, metes and bounds, or by any combination of these methods;
(c) A statement whether or not an area proposed to be included is within the boundaries of another community college district;
(d) A maximum of three persons as chief petitioners setting forth their names and mailing addresses;
(e) Verification on the face of each sheet of the petition by the affidavit of the person who circulated the sheet, stating that every person who signed the sheet did so in his or her presence and that he or she believes that each signer stated his or her correct residence address and is a registered elector; and
(f) The minimum number of signatures required under section (6) of this rule.
(3) The Commission may, at its discretion, reject the petitions if any of the conditions in subsections (2)(a) through (e) of this rule are not met.
(4) The Commission may, at its discretion, request the county clerk to verify all or a sampling of the names appearing on the petition. The Commission shall pay to the county clerk any appropriate charges for such verification. The Commission may at its discretion reject the petitions if a sufficient sampling of the names is not verifiable by the county clerk because the names on the petitions cannot be read or if a sampling indicates that sufficient signers are not registered electors.
(5) Petitions for community college boundary changes shall be substantially in the form provided by the Commission.
(6) The minimum number of signatures required on a petition to change the boundary of a community college district shall be at least 10 percent of the qualified electors of the area seeking to be changed, or at least 500 signatures of qualified electors of the area seeking to be changed, whichever is less.
(7) Where all or part of two or more counties is in the area to be changed, the number of signatures from each of such counties shall be proportionate to the relative populations of the counties or parts thereof within the area proposed to be changed.
(8) Petitions must be received by the Commission by mail or hand delivery no later than 90 days after the date the first signature on the petition is recorded. The delivery of a petition by PDF attachment to email to an address specified by the Commission on or prior to the expiry date of the petition, or by mail bearing a postmark date no later than 90 days after the date the first signature on the petition was recorded, shall also be evidence of timely submission. If a petition is submitted by PDF attachment, the Commission shall not hold any hearing or take any action until the physical copies are then received.
(9) Following submission and acceptance of a petition by the Commission, the Commission shall hold any public hearings required and may issue an order as described in ORS 341.565(4).
History
- Statutory/Other Authority: ORS 341.565
- Statutes/Other Implemented: ORS 341.565
- CCWD 1-2022, amend filed 01/03/2022, effective 01/03/2022
- DCCWD 5-2015, f. & cert. ef. 10-30-15
- DCCWD 5-2003, f. & cert. ef. 10-20-03
- DCCWD 1-2003, f. & cert. ef. 1-9-03
- DCCWD 1-2001, f. & cert. ef. 3-21-01, Renumbered from 581-042-0300
- EB 30-1995, f. & cert. ef. 12-21-95
- EB 13-1991, f. & cert. ef. 7-19-91, Renumbered from 581-041-0025 & 581-041-0030
- 1 EB 140, f. 10-5-72, ef. 10-15-72
- 1 EB 139, f. 10-5-72, ef. 10-15-72
- 1 EB 131, f. 5-19-72, ef. 6-1-72
Or. Admin. R. 589-005-0400 Remonstrance Petitions
(1) A petition submitted in remonstrance to the annexation of territory to a community college district pursuant to ORS 341.569 shall be submitted no later than 20 days from the date the Commission issues an order describing the revised boundaries of the district. The order is issued on the date the Commission votes to approve the relevant docket item.
(2) Remonstrance petitions shall meet the following requirements:
(a) A maximum of three persons as chief petitioners shall provide their names and mailing addresses on the face of the petition;
(b) Each petition shall be verified on the face of each sheet by the declaration of the person who circulated the sheet, stating that every person who signed the sheet did so in his or her presence and that he or she believes that each signer stated his or her correct residence address and is a registered elector.
(3) The Commission may, at its discretion, reject the petitions if any of the conditions in subsections (2)(a) and (b) of this rule are not met.
(4) The Commission may, at its discretion, request the county clerk to verify all or a sampling of the names appearing on the petition. The Commission shall pay to the county clerk any appropriate charges for such verification. The Commission may at its discretion reject the petitions if a sufficient sampling of the names is not verifiable by the county clerk because the names on the petitions cannot be read or if a sampling indicates that sufficient signers are not registered electors.
(5) Petitions in remonstrance to a community college boundary changes shall be substantially in the form provided by the Commission.
(6) The minimum number of signatures required on a petition in remonstrance to a change in the boundary of a community college district shall be at least five percent of the qualified electors of the area seeking to be changed, or at least 500 signatures of qualified electors of the area seeking to be changed, whichever is less.
(7) Where all or part of two or more counties is in the area to be changed, the number of signatures from each of such counties shall be proportionate to the relative populations of the counties or parts thereof within the area proposed to be changed.
(8) Petitions must be received by the Commission by mail or hand delivery no later than the deadline specified in section (1) of this rule. The delivery of a petition by PDF attachment to email to an address specified by the Commission on or prior to such deadline, or by mail bearing a postmark date no later than such deadline, shall also be evidence of timely submission. If a petition is submitted by PDF attachment, the Commission shall not hold any hearing or take any action until the physical copies are then received.
History
- Statutory/Other Authority: ORS 341.565 & ORS 341.569
- Statutes/Other Implemented: ORS 341.569
- CCWD 1-2022, amend filed 01/03/2022, effective 01/03/2022
- DCCWD 5-2015, f. & cert. ef. 10-30-15
- DCCWD 5-2003, f. & cert. ef. 10-20-03
- DCCWD 1-2003, f. & cert. ef. 1-9-03
- DCCWD 1-2001, f. & cert. ef. 3-21-01, Renumbered from 581-042-0310
- EB 9-1996, f. & cert. ef. 5-24-96
- EB 31-1995, f. & cert. ef. 12-21-95
Or. Admin. R. 589-005-0500 Elections
(1) Pursuant to ORS 341.569, the Commission shall submit the question of a proposed boundary change to a vote of the electors of the territories affected by the proposed boundary change if:
(a) The Commission enters the order to revise the boundaries of a community college district;
(b) A remonstrance is filed with the commission within 20 days from the date the Commission makes an order describing the revised boundaries of the district. and the remonstrance is signed by at least five percent or at least 500, whichever is less, of the electors either in an area to be included in the district or excluded from the district by the proposed boundary change or in the community college district;
(c) The area to be included in the district is not surrounded by the territory of a single community college district; and
(d) The Legislative Assembly appropriates to the commission moneys to conduct the election.
(2) The Commission may, at its discretion, submit the question of a boundary change to a vote of the electors of the territories affected by a boundary change.
(3) If an election is required to be held, or if the Commission determines an election is to be held, the Commission, as designated boundary board, shall cause the question to appear on the ballot during the next available election to be held in May or November. If there is more than one territory affected, the elections must be held on the same day.
(4) The Commission, as designated boundary board, is responsible for filing the documentation described in ORS 308.225 with the relevant county assessor and with the Department of Revenue and for meeting the necessary timelines.
History
- Statutory/Other Authority: ORS 341.565 & ORS 341.569
- Statutes/Other Implemented: ORS 341.569
- CCWD 1-2022, amend filed 01/03/2022, effective 01/03/2022
- CCWD 1-2019, amend filed 01/08/2019, effective 01/08/2019
- DCCWD 5-2015, f. & cert. ef. 10-30-15
- DCCWD 5-2003, f. & cert. ef. 10-20-03
- DCCWD 1-2003, f. & cert. ef. 1-9-03
- DCCWD 1-2001, f. & cert. ef. 3-21-01, Renumbered from 581-042-0320
- EB 32-1995, f. & cert. ef. 12-21-95
Division 6 COMMUNITY COLLEGE COURSE AND PROGRAM APPROVAL
Or. Admin. R. 589-006-0050 Definitions
For the purposes of division 6 of chapter 589, the following definitions apply:
(1) "Academic standard of achievement" means demonstrated achievement, proficiency, or measured learning acknowledged as meeting a predetermined academic standard, which is normally noted through an academic transcript record maintained by the college.
(2) “Applied baccalaureate degree” refers broadly to an applied bachelor’s degree designed to incorporate Associate of Applied Science or Associate of Science courses or degrees with an appropriate complement of additional upper-division academic and technical coursework. Upon satisfactory completion, students are awarded a Bachelor of Applied Science degree which indicates completion of a course of study approved by the community college board and the Commission or its designee.
(3) “Associate degree" is a state-approved lower division undergraduate award issued by a community college that indicates satisfactory completion of a course of study approved by the community college board.
(4) "Associate of Applied Science Degree (AAS)” is a state-approved associate degree that prepares graduates for direct entry into the workforce, career advancement, occupational licensure, or further study at the baccalaureate level. New and amended AAS programs are approved by the community college board and the Commission or its designee.
(5) “Associate of Applied Science degree option” is a transcripted specialization within a state-approved AAS degree that is intended to prepare graduates for direct entry into the workforce. New and amended AAS option programs are approved by the community college board and the Commission or its designee.
(6) "Associate of Arts Oregon Transfer (AAOT) degree" is a state-authorized associate degree that prepares students to transfer into upper division courses within a baccalaureate degree program.
(7) “Associate of Arts Transfer degree” is a lower division major specific undergraduate award issued by a community college that indicates satisfactory completion of a course of study that is intended to prepare students for transfer to a public university in Oregon and have junior standing in a specific Bachelor of Arts degree program. The classes, outcomes, and completion standards for the major-specific Associate Transfer degrees are defined by a Major Transfer Map Curriculum Articulation Policy as defined in 715-025-0005. In majors where junior standing within 90 credits is not possible, students who complete an Associate of Arts Transfer degree will have equivalent status to students who started at a public university in the same major. Major Transfer Map Curriculum Articulation Policies are approved by the Commission and will be published on the HECC website.
(8) "Associate of General Studies" is an associate degree that meets individual students’ needs using a variety of lower-division collegiate-level courses to meet degree requirements.
(9) "Associate of Science" is a state-authorized associate degree that is intended to prepare students to transfer into a baccalaureate degree program in areas such as Business, Science, Mathematics, or Engineering. The Associate of Science degree is often designed to meet the requirements of a specific receiving institution’s program.
(10) “Associate of Science Transfer Degree” is a lower division major specific undergraduate award issued by a community college that indicates satisfactory completion of a course of study that is intended to prepare students for transfer to a public university in Oregon and have junior standing in a specific Bachelor of Science degree program. The classes, outcomes, and completion standards for the major-specific Associate Transfer degrees are defined by a Major Transfer Map Curriculum Articulation Policy as defined in 715-025-0005. In majors where junior standing within 90 credits is not possible, students who complete an Associate of Science Transfer degree will have equivalent status to students who started at a public university in the same major. Major Transfer Map Curriculum Articulation Policies are approved by the Commission and will be published on the HECC website.
(11) “Bachelor of Applied Science” is a state-approved applied baccalaureate degree designed to incorporate applied associate courses and degrees with additional upper-division coursework emphasizing higher-order thinking skills and advanced technical knowledge and skills.
(12) “Bachelor of Science: Nursing degree” means a post-licensure degree program in which individuals who have already received an associate degree in nursing receive a bachelor’s degree in nursing.
(13) “Board” refers to the board of education of a community college district.
(14) "Business and Industry Based program" is an Associate of Applied Science degree or certificate of completion designed for an employer to meet specific occupational and educational needs of their current employees.
(15) "Career Pathways Certificate of Completion" is a certificate awarded by a community college for meeting specific technical skill proficiency requirements that meet an employment need. Career Pathways Certificates are a collection of 12 to 44 credits that are wholly contained in an approved Associate of Applied Science (AAS) degree option, or an Independent Certificate of Completion (with at least 45 credits). A Career Pathways Certificate also has a defined job entry point, represents collegiate-level work, and meets Commission standards and criteria.
(16) "Career and Technical Education courses" refer to the collegiate-level courses that are designed to prepare persons for entrance into employment, stability, or advancement in specific occupations or clusters of closely related occupations. Career and Technical Education courses may be categorized as occupational preparatory or occupational supplementary courses.
(17) "Career and Technical Education program" refers to collegiate-level coursework that is designed to prepare persons for employment, stability, and advancement in specific occupations or clusters of closely related occupations. Career and Technical Education programs result in the achievement of a certificate of completion, an associate of applied science degree or option, bachelor of applied science degree, or a Bachelor of Science: Nursing degree, which has been approved by the community college board and the Commission or its designee.
(18) "Certificate of Completion" refers to a form of recognition awarded by a community college for meeting minimum occupational course, curriculum, or proficiency requirements. Certificates of Completion must have a defined job entry point, represent collegiate-level work, be credit-bearing, meet Commission standards and criteria, and be approved by the community college board and the Commission or its designee.
(19) "Clock or contact hours" means one clock (or contact) hour that is 60 minutes long. No more than 10 minutes of each hour can be used for a regularly scheduled break or passing period.
(20) "Collegiate-level work" means course and program content that provides skills and knowledge beyond that which is normally gained before or during the secondary level. It is characterized by analysis, synthesis, and application by which students demonstrate an integration of skills and critical thinking. It is a term that denotes more than college or university transfer courses. It also includes Career and Technical Education and other courses that exceed fundamental basic skills and workplace readiness. Courses must be collegiate-level if used to fulfill a requirement in a bachelor of applied science degree, Bachelor of Science: Nursing degree, associate degree or option, or certificate of completion.
(21) "Commission” means the Higher Education Coordinating Commission
(22) “Complementary courses in general education” are courses that are designed to serve as supportive parts of Career and Technical Education. They are designed to aid students in attaining a higher degree of self-development and to assist the student in making a maximum contribution as a citizen in a democratic society.
(23) "Continuing education units (CEUs)" refers to a form of recognition given for completion of a unit of training for selected occupational supplementary courses. CEUs are based on time attended and not on the assessment of learning.
(24) "Credit" is the means by which a school indicates or certifies that a student has completed a unit of study, demonstrated achievement or proficiency, or manifested measured learning outside of school, so as to have satisfied a portion of the requirements for a degree or for any other academic recognition offered for credit by the school.
(25) "Credit course" means courses offered by the college for which successful completion applies toward requirements of transfer degrees, associate degrees, bachelor degrees, or other Career and Technical Education programs.
(26) "Degree" means any academic or honorary title, rank, or status that may be used for any purpose whatsoever, which is designated by a symbol or series of letters or words such as, but not limited to associate, bachelor, master, or doctorate and forms or abbreviations thereof that may generally be taken to signify:
(a) Completion of a program of instruction at the college or university level; or
(b) Demonstration of achievement or proficiency comparable to such completion; or
(c) Recognition for nonacademic learning, public service, or any other reason of distinction comparable to such completion.
(27) "Deleted program" refers to the permanent elimination of a program previously approved by a community college board and the Commission or its designee.
(28) "Detrimental duplication" means a situation that occurs when recruitment of students for a new program or location could redirect prospects from a fixed pool concomitant with the application of educational cost subsidies for public institutions of higher education, thereby significantly reducing enrollment in existing similar programs for which student financial aid is available but the number of prospective enrollees is limited by non-financial factors such as interest, qualifications needed for admission, internship openings for students, and job openings for graduates.
(29) "Direct control" means the community college maintains direct and sole responsibility for the academic quality of all aspects of all programs and courses through management and supervision by faculty and institutional administrators.
(30) "General education" refers to an essential collegiate-level component of associate and baccalaureate degree programs which is designed to foster independent lifelong learning by introducing students to the content and methodology of the major domains of knowledge.
(31) "Hobby course" means any directed activity engaged in by individuals as an avocation resulting in a collection of objects or in the production of works.
(32) "Intersegmental" means across segments of education. See "Segment of education."
(33) "Laboratory or lab" means an instructional setting in which students work independently with the instructor available in the instructional area for assistance and supervision.
(34) "Lecture" means an instructional setting in which the instructor presents academic subject information.
(35) "Lecture and laboratory” is an instructional setting in which the instructor gives short presentations and supervises student application of content. Instructional methods are integrated, and lecture and lab are dependent upon each other for the student's educational success.
(36) "Local community college program approval" means the approval by the local community college board of education or its designee, indicating that a program has met or exceeded local community college program standards and processes prior to being submitted to the Commission or its designee for review.
(37) "Lower Division Collegiate (LDC)" means collegiate-level work in areas of instruction that parallel the offerings of the first two years of Oregon's four-year institutions and are generally accepted for transfer by Oregon's public higher education institutions.
(38) "New location of an approved program" means a facility where students collectively may receive instruction in the program face-to-face or through technology, in a community not previously so served, including a non-Oregon location within 50 miles of where a comparable program is located in Oregon.
(39) "New program" means any program not previously approved by the Commission or by their predecessor review authorities, regardless of whether it comprises new instructional components or the reassembled components of existing programs.
(40) "Non-credit course" means a course that does not offer college credit for completion and generally cannot be used as part of a credit-based degree or certificate program.
(41) “Non-credit Training Certificate” (NCTC) is a certificate that is made up of either a single noncredit course or a group of noncredit courses. The NCTC must be between 18 and 210 hours in length and requires at least one assessment of measurable outcomes or mastery of learning or knowledge. The NCTC must also be transcripted.
(42) "Occupational preparatory program" means a state-approved Career and Technical Education program that is designed to prepare persons for employment in a specified occupation or cluster of closely related occupations. The program is approved by the community college board and the Commission or its designee.
(43) "Occupational supplementary program" refers to a Career and Technical Education program designed for individuals who have already entered an occupation, to improve their occupational skills and knowledge occupational skills and knowledge in order to achieve employment stability or advancement. The program is approved by the community college board and the Commission or its designee.
(44) "Office" means the Office of Community Colleges and Workforce Development.
(45) "Other education courses" refers to general self-improvement courses intended primarily for adults. These courses include but are not limited to adult basic education (ABE), general educational development (GED), adult high school completion (AHS), English as a second language (ESL), and self-improvement courses not fitting into previously listed categories. These courses are independent of Career and Technical Education or lower division curricula and are not intended for programs that may lead toward a baccalaureate degree. However, these courses may be used as prerequisite and elective courses in Career and Technical Education degree and certificate programs.
(46) "Program" means any organized teaching and learning activity in which successful completion qualifies a student for a degree, a certificate of substantial academic or career and technical learning short of a degree, a certificate of preparation related to new or modified occupational licensure, or another academic or Career and Technical Education certificate that represents a shorter period of activity but has value as a public credential.
(47) "Program amendment" means a change in a state-approved program submitted to the Commission or its designee by a college to receive approval to revise the program. Revisions include minor changes in curriculum content, courses, program outcomes, or titles.
(48) "Program approval" means the process by which the local community college Board of Education and the Commission determine that a program has met the applicable program standards and requirements of the board and Commission or its designee.
(49) "Recognition award" means an award given to a student by a community college for completion of a state-approved course or courses or for attendance and participation in workshops or seminars. Recognition awards may not be called "certificates of completion" or "certificates" and may not be included on the official student transcript.
(50) "Recreational course" means any directed activity in which individuals participate with the purpose of engaging in physical activity, except those activities which focus on physical fitness, or which directly relate to the initial skill development of physical activities in which individuals could reasonably be expected to participate during most of their adult lives.
(51) "Related instruction" is relevant to programs of study for which applied or specialized associate degrees are granted, or programs of an academic year or more in length for which certificates are granted. Related instruction refers to a recognizable body of instruction in program-related areas of communication, computation, and human relations. Additional topics that should be covered as appropriate include safety, industrial safety, and environmental awareness. Related instruction areas are either embedded within the program curriculum or taught in blocks of specialized instruction.
(52) "Segment of education" refers to any one of the following:
(a) Oregon community colleges, community college districts, or service districts, together with every other postsecondary program or location ultimately sponsored by the Commission;
(b) Oregon public universities and related organizational units, together with every other postsecondary program or location ultimately sponsored by the Commission;
(c) The Oregon Health & Science University, any hereafter created public corporations for higher education, and any organizational units of such public corporations, together with every postsecondary program or location under their ultimate sponsorship;
(d) Private Oregon degree-granting institutions and organizations and all non-Oregon entities offering residential instruction in Oregon for credit toward full degrees approved by the Office of Degree Authorization, together with every postsecondary program or location they sponsor; and
(e) Private non-degree career schools offering instruction in Oregon and licensed under ORS 345, together with every postsecondary program or location they sponsor.
(53) “Stand-alone occupational preparatory courses” refers to courses not included in one or more of a community college’s existing approved programs.
(54) "Statewide or regional consortium program" means a certificate of completion, an associate of applied science degree, an associate of science degree, a bachelor of applied science degree, or a bachelor of Science: Nursing degree which is developed, applied for and continuously monitored by a partnership of colleges to address a specific program need through a cohesive and transferable curriculum among participating colleges.
(55) "State-approved program" means a community college certificate of completion, an associate degree, a bachelor of applied science degree, or a Bachelor of Science: Nursing degree that has met and continues to meet the standards and criteria of the Commission.
(56) "Suspended program" means the temporary removal of a state-approved program from the overall curriculum of a community college by the local community college board of education or their designee.
(57) “Upper Division” courses refer to collegiate-level work usually taken in the third and fourth year of a four-year undergraduate program. These upper-division courses build upon the lower-division framework to build a deeper level of knowledge and understanding.
History
- Statutory/Other Authority: ORS 350.075 & ORS 350.150
- Statutes/Other Implemented: ORS 348.910, ORS 341.013 & ORS 341.465
- CCWD 5-2024, amend filed 11/14/2024, effective 11/14/2024
- CCWD 1-2024, amend filed 02/08/2024, effective 02/08/2024
- CCWD 5-2023, amend filed 10/13/2023, effective 10/13/2023
- CCWD 1-2020, amend filed 07/07/2020, effective 07/07/2020
- CCWD 3-2018, amend filed 07/18/2018, effective 07/18/2018
- CCWD 1-2018, temporary amend filed 04/20/2018, effective 04/20/2018 through 10/16/2018
- DCCWD 5-2015, f. & cert. ef. 10-30-15
- DCCWD 4-2015, f. & cert. ef. 10-13-15
- DCCWD 5-2014, f. & cert. ef. 7-22-14
- DCCWD 2-2014(Temp), f. & cert. ef. 3-14-14 thru 9-10-14
- DCCWD 3-2007, f. & cert. ef. 9-6-07
- DCCWD 1-2007(Temp), f. & cert. ef. 6-15-07 thru 12-11-07
- DCCWD 5-2003, f. & cert. ef. 10-20-03
- DCCWD 1-2003, f. & cert. ef. 1-9-03
Or. Admin. R. 589-006-0100 General Community College Course and Program Approval Requirements
(1) The Commission has responsibility for the approval of community college educational programs and locations.
(2) The Commission shall provide community college district boards of education with the standards, criteria, and procedures the Commission will utilize to approve certificate of completion, associate degree, bachelor of applied science degree, and Bachelor of Science: Nursing degree programs and new locations for previously approved programs. Such standards, criteria, and procedures shall be included in the Approval Procedures identified by the Office.
(3) Requests for approval of new bachelor of applied science degree, Bachelor of Science: Nursing degree, associate degree, associate degree option, and certificate of completion programs must be submitted by the community college board of education to the Commission and be approved prior to commencement of the program.
(4) Applied baccalaureate programs offered by community colleges culminate in the award of the bachelor of applied science degree. Each bachelor of applied science degree program shall conform to the specific degree requirements as identified in the Approval Procedures.
(5) Associate degree programs offered by community colleges may include an Associate of Arts Oregon Transfer degree, Associate of Science, Associate of Applied Science, and Associate of General Studies. Each associate degree program shall conform to the specific degree requirements as identified in the Approval Procedures.
(6) Bachelor of Science: Nursing degree programs offered by community colleges are limited to post-licensure individuals who have already received an associate degree in nursing. These programs culminate in the award of a Bachelor of Science: Nursing Degree. Each Bachelor of Science: Nursing degree program shall conform to the specific degree requirements as identified in the Approval Procedures.
(7) Certificate of completion programs offered by community colleges shall include less than one-year, one-year, greater than one-year, and two-year certificates of completion. Each certificate of completion shall conform to the specific certificate of completion requirements identified in the Approval Procedures.
(8) Each request for approval to offer a bachelor of applied science degree program or Bachelor of Science: Nursing degree program shall be made according to the process, timeline, and criteria outlined in the Approval Procedures and as specified by Oregon Revised Statutes.
(a) To meet the criteria of ORS 350.075(3)(g), the commission shall ensure that approved programs:
(A) Are consistent with the mission statement of the community college;
(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.
(b) To meet the criteria of ORS 341.013, the Commission shall ensure that approved programs:
(A) Describe the program to be offered;
(B) Describe the method by which the program will be created, including any necessary accreditation by the relevant accrediting agency or agencies;
(C) Document local unmet workforce needs that will be addressed by offering the program; and
(D) Document that the community college has the expertise, resources, and student interest necessary to make the program successful.
(9) A proposed bachelor of applied science degree program or Bachelor of Science: Nursing degree program must be approved by the Commission. The Commission shall approve a proposed bachelor of applied science degree program or Bachelor of Science: Nursing degree program if:
(a) the community college submits all the information and documentation required under subsections 8(a) and 8(b) above; and
(b) Meets or exceeds the local community college board of education program approval standards; and
(c) Meets or exceeds the Commission’s program approval standards and criteria.
(10) To meet the approval standards of the Commission, bachelor of applied science degree programs or Bachelor of Science: Nursing degree programs must:
(a) Require 180 total credits for degree completion.
(b) Require a minimum of 60 upper-division credits.
(c) For a bachelor of applied science degree program have a program design that accommodates first-time students who may start by seeking an Associate of Applied Science (AAS) degree or an Associate of Science (AS) degree, as well as students returning to school who may have made significant progress towards or have completed a relevant AAS or AS .
(d) For a Bachelor of Science: Nursing degree program, be designed as a post-licensure degree program in which individuals who have already received an associate degree in nursing receive a bachelor’s degree in nursing.
(e) Demonstrate occupational focus and be designed to help fill specific labor market needs within targeted professional and technical fields, with professionals that participate and assist in program design.
(f) Have a recognizable core of general education or related instruction with identified outcomes in the areas of communication, computation, and human relations that align with and support program goals or intended outcomes. Related instruction components may be embedded within program curricula or taught in blocks of specialized instruction, but each approach must have clearly identified content and means to assess learning.
(g) Have an established standard of academic achievement; and
(h) Meet or exceed the local community college board of education program approval standards; and
(i) Meet or exceed the Commission’s program approval standards.
(11) To meet the approval standards of the Commission, associate degree and associate degree option programs must:
(a) Include at least 90 total credits; and
(b) Be no more than 108 credits; and
(c) Have a recognizable core of general education or related instruction courses; and
(d) Have an established standard of academic achievement; and
(e) Meet or exceed the local community college board of education program approval standards; and
(f) Meet or exceed the Higher Education Coordinating Commission program approval standards and criteria.
(12) To meet the approval standards by the Higher Education Coordinating Commission, certificate of completion programs must:
(a) Include at least 12 credits; and
(b) Be no more than 108 credits; and
(c) Have a recognizable core of general education or related instruction courses for programs one year or more in length; and
(d) Have an established standard of academic achievement; and
(e) Demonstrate occupational content leading to employment; and
(f) Meet or exceed the local community college board of education program approval standards; and
(g) Meet or exceed the Commission program approval standards and criteria.
(13) Certificate of completion and associate of applied science degree programs shall include a designation of the particular occupation, career, or career area as a component of the award title.
(14) Options to constitute a variation in the state-approved degree are allowable only for associate of applied science degree programs. Associate of applied science degree options may be added to new or existing associate of applied science degree programs following the procedures in the Approval Procedures identified by the department.
History
- Statutory/Other Authority: ORS 350.075
- Statutes/Other Implemented: ORS 341.465 & ORS 341.013
- CCWD 1-2024, amend filed 02/08/2024, effective 02/08/2024
- CCWD 1-2020, amend filed 07/07/2020, effective 07/07/2020
- DCCWD 5-2015, f. & cert. ef. 10-30-15
- DCCWD 1-2015, f. & cert. ef. 5-18-15
- DCCWD 5-2014, f. & cert. ef. 7-22-14
- DCCWD 2-2014(Temp), f. & cert. ef. 3-14-14 thru 9-10-14
- DCCWD 5-2003, f. & cert. ef. 10-20-03
- DCCWD 1-2003, f. & cert. ef. 1-9-03
- DCCWD 1-2001, f. & cert. ef. 3-21-01, Renumbered from 581-043-0000
- EB 14-1991, f. & cert. ef. 7-19-91, Renumbered from 581-042-0005, 581-042-0010 & 581-042-0015
- 1EB 9-1983, f. & cert. ef. 10-13-83
- 1EB 263, f. & cert. ef. 7-5-77
- 1EB 166, f. 2-20-74, cert. ef. 3-11-74
- 1EB 132, f. 5-19-72, cert. ef. 6-1-72
Or. Admin. R. 589-006-0150 Local Community College Responsibilities for Course and Program Approval
(1) Community college boards will have local processes in place to ensure that local and state program approval standards and criteria are implemented and maintained.
(2) Community college boards are responsible for approving the requirements for all of their college's certificate and degree programs. Additionally, these requirements must be included in the institution’s catalog as of the term any new program begins.
(3) The community college board of education has the responsibility to ensure that approval standards are achieved for all programs offered by the local community college.
(4) Community colleges must follow the program approval process as outlined in the Oregon Community College Policy and Process Book.
(5) Community colleges shall use the term "Certificate" or "Certificate of Completion" in college catalogs and college promotional documents and on transcripts only as an indication of an award by the college that has met the local and state program approval standards and criteria and has been approved by the Commission.
(6) Community college boards of education will submit program information using the Approval Procedures identified by the Office.
(7) The board of education of a community college district is responsible for obtaining and maintaining the course approval requirements set by the Commission.
(8) Community colleges may provide recognition awards to students for the completion of a state-approved course or courses. Recognition awards may not be called "certificates of completion" or "certificates" and may not be included on the official student transcript. Recognition awards may not be provided for coursework meeting the definition of "program" without state approval.
(9) Upon approval by the Commission, the Commission authorizes the community college board, established under ORS 341.005 to 341.950, to issue certificates of completion, associate degrees, bachelor of applied science degrees, and Bachelor of Science: Nursing degrees as an indication of satisfactory completion of state-approved programs offered by the community college.
(10) The type and name of bachelor degree, associate degree, associate degree option, or certificate of completion to be awarded for completion of a program shall be clearly stated in the community college's catalog or supplement thereto.
(11) Only educational programs that have received program approval from the community college board and the Commission shall be included in a community college catalog or other materials.
(12) Prerequisites for bachelor of applied science degree, Bachelor of Science: Nursing degree, associate degree, associate degree option, and certificate of completion programs and courses within the programs shall be clearly stated in the community college's catalog or supplement thereto.
History
- Statutory/Other Authority: ORS 341.290
- Statutes/Other Implemented: ORS 341.465 & ORS 341.013
- CCWD 1-2024, amend filed 02/08/2024, effective 02/08/2024
- CCWD 1-2020, amend filed 07/07/2020, effective 07/07/2020
- DCCWD 5-2015, f. & cert. ef. 10-30-15
- DCCWD 5-2014, f. & cert. ef. 7-22-14
- DCCWD 2-2014(Temp), f. & cert. ef. 3-14-14 thru 9-10-14
- DCCWD 5-2003, f. & cert. ef. 10-20-03
- DCCWD 1-2003, f. & cert. ef. 1-9-03
Or. Admin. R. 589-006-0200 Approval of Collegiate Courses
(1) The Commission delegates to the Office the authority to approve upper and lower division collegiate courses.
(2) A community college that is institutionally accredited, shall follow the Office's collegiate course approval procedure to request new courses.
(3) A community college that is not institutionally accredited shall apply for approval through their contracting college.
History
- Statutory/Other Authority: ORS 350.075
- Statutes/Other Implemented: ORS 350.075
- CCWD 1-2020, amend filed 07/07/2020, effective 07/07/2020
- DCCWD 5-2015, f. & cert. ef. 10-30-15
- DCCWD 5-2014, f. & cert. ef. 7-22-14
- DCCWD 2-2014(Temp), f. & cert. ef. 3-14-14 thru 9-10-14
- DCCWD 5-2003, f. & cert. ef. 10-20-03
- DCCWD 1-2003, f. & cert. ef. 1-9-03
- DCCWD 1-2001, f. & cert. ef. 3-21-01, Renumbered from 581-043-0275
- EB 14-1991, f. & cert. ef. 7-19-91, Renumbered from 581-042-0020, 581-042-0025, 581-042-0030 & 581-042-0035
- 1EB 172, f. 6-17-74, cert. ef. 9-1-74
- 1EB 166, f. 2-20-74, cert. ef. 3-11-74
- 1EB 132, f. 5-19-72, cert. ef. 6-1-72
Or. Admin. R. 589-006-0300 Approval of Career and Technical Education Courses, Certificate of Completion, Associate of Applied Science Degree, Bachelor of Applied Science Degree, and Bachelor of Science: Nursing Degree Programs
(1) The Commission delegates to the Office the authority to approve Career and Technical Education (CTE) courses.
(2) Career and Technical Education courses are defined as either occupational preparatory courses or occupational supplementary courses.
(3) The Office will use the appropriate Career and Technical Education Approval Procedures to approve Career Technical Education courses and programs.
(4) Career and Technical Education (CTE) courses are approved by the Commission or its designee, either as a component of the curriculum for a state-approved certificate of completion, associate of applied science, associate of applied science degree option, a bachelor of applied science degree, and a Bachelor of Science: Nursing degree or through an individual course approval process as identified in the CTE Approval Procedures.
(5) Commission standards for approval of occupational preparatory courses are included in the CTE Course Approval Procedures and include but are not limited to:
(a) Courses are delivered under the direct control of the college and are either:
(A) Approved as part of a community college certificate of completion program, associate of applied science degree program, associate of applied science degree option, bachelor of applied science degree program, or Bachelor of Science: Nursing degree program.
(B) Approved as a stand-alone occupational preparatory course.
(b) Courses are collegiate-level and provide education and training directed to the development of abilities, skills, understanding, and attitudes needed to enter into an occupation.
(c) Courses are designed for occupational employment and are not necessarily directed toward completion of baccalaureate degree requirements.
(d) Courses are developed and operated with the advice and counsel of employers, industry members, or other persons knowledgeable about the requirements of the occupations involved.
(e) Courses will not unnecessarily duplicate similar intersegmental courses offered locally.
(6) Occupational preparatory courses may not be offered by the local community college prior to the approval of the Higher Education Coordinating Commission or its designee.
(7) Commission standards for approval of occupational supplementary courses are included in the CTE Course Approval Procedure and include but are not limited to:
(a) Courses are delivered under the direct control of the college and may or may not be components of a certificate of completion or degree program.
(b) Courses are not necessarily directed toward the completion of requirements for a baccalaureate degree.
(c) Courses are collegiate-level and provide education and training designed to develop or enhance abilities, skills, understandings, and attitudes needed to improve occupational skills in order to achieve employment stability or advancement.
(d) Courses are developed and operated with the advice and counsel of employers, industry members, and other persons knowledgeable of the requirements of the occupation involved.
(8) Occupational supplementary courses may be offered by the local community college prior to final approval by the Office as identified in the CTE Course Approval Procedures under conditions that include the following:
(a) The local community college has a local course approval process in place and assures that the occupational supplementary standards have been met.
(b) The community college is willing to take the risk that the course may not be approved and may be non-reimbursable.
(9) Career and Technical Education courses will be numbered using course numbering conventions as approved by the Office.
(10) Career and Technical Education programs will be approved by the Commission based on meeting the general and specific community college program requirements for certificates of completion programs, associate of applied science degree programs, associate of applied science degree options, bachelor of applied science degree programs, or Bachelor of Science: Nursing degree programs as identified in 589-006-0100.
(11) Commission standards and criteria for approval of Career and Technical Education are included in the Approval Procedures and include but are not limited to:
(a) The program is developed and will be implemented, operated, and evaluated as a joint venture with business, industry, and labor; and
(b) The college demonstrates the capacity to offer the program and will provide the necessary resources and services to assure that students can attain the skills and knowledge necessary to fulfill the stated objectives of the program, and
(c) The curriculum for the program demonstrates a cohesive instructional system that will lead to the attainment of the academic and Career and Technical Education exit proficiencies needed for success in the occupational field; and
(d) The instructional design for the program provides the appropriate access, flexibility, and evaluation components to provide appropriate instruction for students within the program; and
(e) The program provides access to all students and provides the necessary additional and supplemental services for special populations and protected classes; and
(f) Program need is based on local, regional, state, and national statistics and forecasts documenting that an employment demand for family wage occupations is not or cannot be met through existing programs; and
(g) The program provides direct connections to appropriate certificates of advanced mastery as well as other programs in the college, other institutions of postsecondary education, or future training opportunities; and
(h) The program has continuous improvement systems in place that provide for program input through evaluation based on instructor, employer, and student follow-up data.
(12) Career and Technical Education programs will include the sequence of courses for the program including but not limited to the areas of general education or related instruction, Career and Technical Education requirements, and elective and specialization courses. Program approval materials will also include course numbers, credit/non-credit designations, and clock/contact hours for the courses.
(13) Provisions will be made within the Approval Procedures to allow for the development, approval, implementation, and evaluation of certificate of completion programs, associate of applied science degree programs, associate of applied science degree options, bachelor of applied science degree programs, and Bachelor of Science: Nursing degree programs for statewide or regional consortium of community colleges. Statewide and regional consortia certificates and degrees will address specific program needs through a cohesive and transferable curriculum among and between participating colleges.
(14) Provisions will be made within the Approval Procedures to allow for the development, approval, implementation, and evaluation of Business and Industry programs that are designed for employers to meet specific occupational and educational needs of their current employees.
(15) New Career and Technical Education programs will be submitted for approval following the processes outlined in the Oregon Community College Policy and Process Book.
History
- Statutory/Other Authority: ORS 350.075
- Statutes/Other Implemented: ORS 350.075 & ORS 341.013
- CCWD 1-2024, amend filed 02/08/2024, effective 02/08/2024
- CCWD 1-2020, amend filed 07/07/2020, effective 07/07/2020
- CCWD 3-2018, amend filed 07/18/2018, effective 07/18/2018
- CCWD 1-2018, temporary amend filed 04/20/2018, effective 04/20/2018 through 10/16/2018
- DCCWD 5-2015, f. & cert. ef. 10-30-15
- DCCWD 4-2015, f. & cert. ef. 10-13-15
- DCCWD 5-2014, f. & cert. ef. 7-22-14
- DCCWD 2-2014(Temp), f. & cert. ef. 3-14-14 thru 9-10-14
- DCCWD 5-2003, f. & cert. ef. 10-20-03
- DCCWD 1-2003, f. & cert. ef. 1-9-03
- DCCWD 1-2001, f. & cert. ef. 3-21-01, Renumbered from 581-043-0290
- EB 14-1991, f. & cert. ef. 7-19-91, Renumbered from 581-042-0040, 581-042-0045, 581-042-0050, 581-042-0055 & 581-042-0060
- 1EB 166, f. 2-20-74, cert. ef. 3-11-74
- 1EB 132, f. 5-19-72, cert. ef. 6-1-72
Or. Admin. R. 589-006-0350 Maintaining Approval of Certificate of Completion, Associate of Applied Science Degree, Bachelor of Applied Science Degree, and Bachelor of Science: Nursing Degree Programs
(1) The Commission’s approval of a community college Career and Technical Education program will continue to be in effect until the program is amended, suspended, or deleted from the college's program offerings. The Commission or its designee may disqualify a previously approved Career and Technical Education program if it no longer meets Commission program approval standards and criteria.
(2) Once a program has been approved by the Commission, course additions, deletions, or changes within these programs must be approved by the Commission or its designee prior to implementation of the revised program.
(3) Bachelor of applied science degree, Bachelor of Science: Nursing degree, associate of applied science degree, associate of applied science degree option, and certificate of completion programs offered by community colleges shall be considered to be active:
(a) as long as the Annual Program Review Procedure has been followed for the program, and
(b) the college has not provided notification of program suspension or program deletion to the Commission or its designee.
(4) Community colleges may request that a program be suspended for a period of three years. The program suspension period will begin on the date the college notifies the Commission of its intent to suspend a program. The Commission will notify colleges prior to the deletion of suspended programs. After three years suspended programs will require re-approval utilizing the approval procedure identified by the Commission or its designee.
[Publications: Publications referenced are available from the agency.]
History
- Statutory/Other Authority: ORS 350.075
- Statutes/Other Implemented: ORS 350.075 & ORS 341.013
- CCWD 1-2024, amend filed 02/08/2024, effective 02/08/2024
- CCWD 2-2020, amend filed 07/07/2020, effective 07/07/2020
- DCCWD 5-2015, f. & cert. ef. 10-30-15
- DCCWD 5-2014, f. & cert. ef. 7-22-14
- DCCWD 2-2014(Temp), f. & cert. ef. 3-14-14 thru 9-10-14
- DCCWD 5-2003, f. & cert. ef. 10-20-03
- DCCWD 1-2003, f. & cert. ef. 1-9-03
- DCCWD 1-2001, f. & cert. ef. 3-21-01, Renumbered from 581-043-0300
- EB 14-1991, f. & cert. ef. 7-19-91, Renumbered from 581-042-0065, 581-042-0070, 581-042-0075 & 581-042-0085
- 1EB 166, f. 2-20-74, cert. ef. 3-11-74
- 1EB 132, f. 5-19-72, cert. ef. 6-1-72
Or. Admin. R. 589-006-0400 Approval of Other Education Courses
(1) The Commission delegates authority to the Office to approve other education courses. Such approval authorizes the community college to receive state funding to support those courses.
(2) The Office uses the following standards for approval of other education courses:
(a) The course is primarily intended for adults;
(b) The course may be developmental in nature and offered for:
(A) Adults with less than an eighth grade education through adult basic education classes;
(B) Adults with less than a high school diploma through adult high school completion programs;
(C) Persons who lack sufficient background in subject-matter areas to make satisfactory progress in the lower-division collegiate or professional technical programs of the institution; or
(D) Persons who lack English language skills needed to make satisfactory progress in the lower-division collegiate or professional technical programs of the institution or to enter the workforce.
(c) The course must include at least six contact hours of instruction focused on a single topic.
(3) Approval of other education courses must follow the Office’s other reimbursable course approval procedure.
(4) State reimbursement shall not be available for hobby or recreation courses. However, such courses may be provided on a self-sustaining basis.
[Publications: Publications referenced are available from the agency.]
History
- Statutory/Other Authority: ORS 350.075
- Statutes/Other Implemented: ORS 350.075
- CCWD 9-2025, minor correction filed 08/27/2025, effective 08/27/2025
- DCCWD 5-2015, f. & cert. ef. 10-30-15
- DCCWD 5-2014, f. & cert. ef. 7-22-14
- DCCWD 2-2014(Temp), f. & cert. ef. 3-14-14 thru 9-10-14
- DCCWD 5-2003, f. & cert. ef. 10-20-03
- DCCWD 1-2003, f. & cert. ef. 1-9-03
- DCCWD 1-2001, f. & cert. ef. 3-21-01, Renumbered from 581-043-0300
- EB 14-1991, f. & cert. ef. 7-19-91, Renumbered from 581-042-0065, 581-042-0070, 581-042-0075 & 581-042-0085
- 1EB 166, f. 2-20-74, cert. ef. 3-11-74
- 1EB 132, f. 5-19-72, cert. ef. 6-1-72
Division 7 PROGRAMS
Or. Admin. R. 589-007-0100 Apprenticeship Definitions
For purposes of this rule:
(1) "Academic credit" means the indication or certification by a community college that a student has completed a unit of study or demonstrated achievement or proficiency, so as to have satisfied a portion of the requirements for a degree or other academic recognition offered by the community college.
(2) "Academic credit course" means collegiate-level courses offered by the college as part of a lower-division transfer degree or approved professional technical program. Also known as "credit course."
(3) "Adverse intersegmental impact" or "adverse impact" means the detriment of duplication which would fall on a school or its students in a segment other than that of the school proposing the new program or location, except that a publicly funded program or location proposed by a private school or other organization has adverse intersegmental impact if it is detrimental to a school in any of the five segments: 1) public universities listed in ORS 352.002, 2) Oregon Health and Sciences University, 3) private Oregon degree granting institutions, 4) private nondegree career schools and 5) community colleges.
(4) "Apprenticeable occupation" means a skilled trade that:
(a) Is customarily learned in a practical way through a structured, systematic program of on-the-job supervised training;
(b) Is clearly identified and commonly recognized throughout an industry;
(c) Involves manual, mechanical or technical skills and knowledge which require a minimum of 2,000 hours of on-the-job supervised training; and
(d) Requires related instruction to supplement the on-the-job training.
(5) "Apprenticeship credit" means the indication or certification by a local joint committee that an apprentice has demonstrated achievement or proficiency so as to satisfy a portion of the apprenticeship requirements as identified by the State Apprenticeship and Training Council.
(6) "Apprenticeship degree" means a state-approved Associate of Applied Science degree program that is approved for registered apprentices and journey persons and meets the standards and criteria for Associate of Applied Science degrees.
(7) "Apprenticeship program" means the total system of apprenticeship as operated by a particular local joint committee, including the committee's registered standards and all other terms and conditions for the qualification, recruitment, selection, employment and training of apprentices in that apprenticeable occupation.
(8) "Apprenticeship standards" means a written agreement submitted by a local joint committee and approved by the State Apprenticeship and Training Council, that sets forth a plan containing all terms and conditions for the qualification, employment and training of apprentices or trainees as set forth in ORS 660.126 and 660.137.
(9) "Associate of Applied Science (AAS)" means a state-approved associate degree that is intended to prepare graduates for direct entry into the workforce. AAS degrees may also help to prepare students for career advancement, occupational licensure, or further study at the baccalaureate level.
(10) "Associate degree" means a state-approved lower division undergraduate award issued by a community college that indicates satisfactory completion of a course of study approved by the community college board.
(11) "Associate of General Studies" means a state-approved associate degree that is intended to meet the individual student needs using a variety of collegiate level courses to meet degree requirements.
(12) "Bureau of Labor and Industries (BOLI)" means the Oregon state agency responsible for apprenticeship and training in Oregon.
(13) "Certificate of completion" means a form of recognition awarded by a community college for meeting minimum occupational course or curriculum requirements. Certificates of completion must be state-approved, have a defined job entry point, represent college-level work, and meet Commission criteria. Commonly referred to as less than one-year, one-year and two-year certificates of completion.
(14) "Clock/contact hours" means one clock (or contact) hour that is 60 minutes long. No more than 10 minutes of each hour can be used for a regularly scheduled break or passing period.
(15) "Collegiate level work" means course and program content that provides skills and information beyond what is normally gained before or during the secondary level. It is characterized by analysis, synthesis, and application in which students demonstrate an integration of skills and critical thinking. It is a term that denotes more than college/university transfer courses. It also includes professional technical education and other courses that exceed basic skills, workplace readiness, and fundamental basic skills. Courses must be collegiate level if used to fulfill a requirement in an associate degree, Associate of Applied Science degree option or certificate of completion program.
(16) “Commission” means the Higher Education Coordinating Commission established under ORS 351.715.
(17) "Cooperative work experience (CWE)" means the placement of students by the college in a structured work-based learning experience that is directly related to their classroom studies and under the control of the college. The college instructor or supervisor visits the field work site regularly. Supervision toward achievement of college identified and approved student learning outcomes and measurable learning objectives is also provided by the employer or other individual contracted to provide field experience. Each student should have theoretical knowledge and/or practical experience in a relevant major field of study prior to being placed in a cooperative work experience.
(18) "Core apprenticeship services" means those services offered by Oregon community colleges to apprentices and local joint committees when college tuition is paid and state reimbursable fulltime equivalency (FTE) is generated through the apprenticeship related training.
(19) "Course challenge examination" means the award of academic credit by a community college when a student demonstrates through comprehensive examination of one or more related training classes that they have achieved the competencies and proficiencies of a course at or above the standard of academic achievement for the course. Local policies govern whether this is an acceptable alternative for students and the nature of the examination (oral, written, demonstration, etc.) Credit can only be granted for courses that are part of that college's approved curriculum.
(20) "Council" means the State Apprenticeship and Training Council as defined in ORS 660.010.
(21) "Course of study for apprentices and trainees" means the instructional objectives and outline of course content for related training and manipulative instruction as developed from a trade analysis for the trade, craft or industrial occupation as established in accordance with ORS 660.157.
(22) "Credit for prior certification" means the awarding of credit by a community college toward an associate degree or certificate of completion to acknowledge achievement of a publicly certified credential such as a journey persons card.
(23) "Credit for prior experiential learning" means the awarding of academic credit by a community college for prior learning acquired from work or life experience, mass media and independent reading and study.
(24) "Office" means the Office of Community Colleges and Workforce Development.
(25) "Detrimental duplication" means a situation that occurs when recruitment of students for a new program or location will tend to redirect prospects from a fixed pool concomitant with the application of publicly funded educational cost subsidies, thereby significantly reducing enrollment in existing similar programs for which student financial aid is available but the number of prospective enrollees is limited by nonfinancial factors such as interest, qualifications needed for admission, internship openings for students, and job openings for graduates
(26) "Direct control" means the community college maintains direct and sole responsibility for the academic quality of all aspects of all programs and courses through the management and supervision by faculty and institutional administrators.
(27) “Director" means the Director of the Office of Community Colleges and Workforce Development appointed under ORS 351.762.
(28) "Employer" means any person employing the services of a registered apprentice, regardless of whether such person is a party to an apprenticeship agreement with that apprentice.
(29) "Fulltime equivalency (FTE)" means a student or a combination of several students who carries or carry among them, within a single academic year, a minimum number of clock hours of instruction, in any program, to be specified by rule by the Commission.
(30) "General education" means the introduction to the content and methodology of the major areas of knowledge including the humanities and fine arts, the natural sciences, mathematics, and the social sciences and help students to develop the mental skills that will make them more effective learners.
(31) "Laboratory (lab)" means an instructional setting in which students work independently with the instructor available and in the instructional area for assistance and supervision.
(32) "Lecture" means an instructional setting in which the instructor delivers information with limited student discussion.
(33) "Lecture/laboratory (Lecture/lab)" means an instructional setting in which the instructor gives short presentations and supervises student application of content. Instructional methods are integrated; lecture and lab are dependent upon each other for the student's educational success.
(34) "Local joint committee" means local joint apprenticeship committees, local joint training committees and trade committees.
(35) "Minimum guideline standards" means industry/trade benchmarks developed and proposed by the appropriate state joint committee and approved by the Council representing the fundamental requirements necessary for entry into, and completion of specific Council approved occupational/trade programs.
(36) "Non-credit course" means a course that does not offer college academic credit for completion. Non-credit courses are not required to use an established standard of academic achievement and therefore generally are not used as part of a credit-based degree or certificate of completion program.
(37) "Occupational preparatory course" means collegiate level courses designed to prepare persons for employment in a specified occupation or cluster of closely related occupations.
(38) "Occupational supplementary course" means collegiate level courses designed for individuals who have already entered an occupation but seek to improve their occupational skills and knowledge in order to achieve employment stability or advancement.
(39) "On-the-job training (OJT)" means training provided to an employee under the direct auspices of the employer or their representative.
(40) "Professional technical courses" are defined as the occupational preparatory or occupational supplementary collegiate level courses that are designed to prepare persons for entrance into and employment stability and advancement in specific occupations or clusters of closely related occupations.
(41) "Professional technical program" means collegiate level coursework that is designed to prepare persons for entrance into and employment stability and advancement in specific occupations or clusters of closely related occupations. Successful completion of professional technical programs results in the achievement of a state-approved certificate of completion, Associate of Applied Science degree or Associate of Applied Science degree option.
(42) "Registered apprentice" means a worker at least 16 years of age, except where a higher minimum age is otherwise required by law, who is employed to learn an apprenticeable occupation under standards of apprenticeship approved by the State Apprenticeship and Training Council or by the federal Office of Apprenticeship Training and Employer Labor Services. Also known as "apprentice."
(43) "Related instruction" means programs of study for which applied or specialized associate degrees are granted or programs of an academic year or more in length for which certificates of completion are granted, must contain a recognizable body of instruction in program-related areas of 1) communication, 2) computation, and 3) human relations. Additional topics that should be covered as appropriate include safety, industrial safety, and environmental awareness.
(44) "Related training attendance records" means the documentation required by the local joint committee to verify that a registered apprentice was present during the times required for an apprenticeship program.
(45) "Related training or apprenticeship related training" means an organized and systematic form of classroom/lab instruction designed to provide knowledge of the theory and technical aspects of an apprenticeable trade.
(46) "Standard of academic achievement" means demonstrated achievement, proficiency, or measured learning acknowledged as meeting a predetermined academic standard. Normally noted through a record transcripted and maintained by the college.
(47) "State Apprenticeship and Training Council" means the state apprenticeship and training entity as identified in ORS 660.010. Also known as "Council."
(48) "State-approved program" means a community college certificate of completion or associate degree program that has met and continues to meet the standards and criteria of and have been approved by the Commission.
(49) "Statewide program" means an Associate of Applied Science and/or certificate of completion program which is developed, applied for and continuously monitored by a partnership of colleges to address a specific program need through a cohesive and transferable curriculum among and between participating colleges.
(50) "Supplemental apprenticeship services" means those services that may be available at some community colleges on a fee for service basis to support the local joint committee. These services and others need to be included as part of an agreement between the community college and the local joint committees specifying the service to be performed, fees for services, length of service to be provided, etc.
(51) "Transcripted" means coursework entered into the official and formal records of a college including the level and achievement of a student.
History
- Statutory/Other Authority: ORS 351.735
- Statutes/Other Implemented: ORS 351.735, 341.665, 660.157, 660.160, 660.167 & 660.190
- DCCWD 5-2015, f. & cert. ef. 10-30-15
- DCCWD 5-2003, f. & cert. ef. 10-20-03
- DCCWD 2-2003, f. & cert. ef. 3-10-03
- DCCWD 1-2001, f. & cert. ef. 3-21-01, Renumbered from 581-043-0400
- EB 14-1991, f. & cert. ef. 7-19-91, Renumbered from 581-042-0090, 581-042-0095, 581-042-0100, 581-042-0105, 581-042-0110, 581-042-0115, 581-042-0120, 581-042-0125, 581-042-0130, 581-042-0135, 581-042-0140 & 581-042-0145
- 1EB 197, f. 5-23-75, cert. ef. 6-25-75
- 1EB 166, f. 2-20-74, cert. ef. 3-11-74
- 1EB 151, f. 7-20-73, cert. ef. 8-1-73
Or. Admin. R. 589-007-0110 Apprenticeship Related Training Courses, Work-Based Learning and Academic Credit
(1) Community colleges will cooperate with the State Apprenticeship and Training Council, the Office, and the local joint committees in providing the necessary related training courses to meet the objectives of courses of study as identified in ORS 660.157(1) for registered apprentices and trainees. The coordination of related training offered in these courses with job instruction, and the carrying out of the other details will be the responsibility of the community college. (ORS 660.160)
(2) For each occupation and industry, the State Apprenticeship and Training Council shall review and approve courses of study for apprentices, based on current occupational analyses, that meet the training needs of each local joint committee and that shall be available to all registered apprentices.
(3) Local joint committees, in cooperation with the community college, shall have the responsibility for determining the training needs of the apprentices indentured by the committees subject to the training objectives adopted for the particular occupation or industry.
(4) Community college apprenticeship related training will be based on the course of study for apprentices and trainees approved by the State Apprenticeship and Training Council.
(5) Community colleges will collaborate with the local joint committee to develop and implement apprenticeship related training courses to satisfy the related training requirements of apprentices within the limits of the available resources and facilities of the community college.
(6) Community colleges will collaborate with local joint committees to identify the apprentice training requirements that can be met by existing community college courses.
(7) Community colleges identified on the Annual List of Community College Related Training Providers will provide apprenticeship related training courses to registered apprentices when regional accreditation and Commission standards and requirements have been met. These standards and requirements include direct control by the community college relating to the approval of the curriculum and instruction, evaluation of the curricula, hiring or direct approval of instructors, evaluation of instructors and approval of the instructional setting.
(8) Community colleges will have sole responsibility for determining and providing academic credit for apprenticeship related training offered by the community college.
(9) The local joint committees will have responsibility for granting apprenticeship credit for training and education received in community college apprenticeship related training and other course work.
(10) Apprenticeship related training courses offered by community colleges will meet the same instructional standards and procedures as for other occupational supplementary and/or occupational preparatory courses offered by the community college.
(11) Apprenticeship related training courses offered by community colleges will follow the same contact hour to academic credit ratio as other academic credit courses offered by the community college. The ratio will include a consistent differentiation for instructional delivery provided through lecture, laboratory and lecture/laboratory as defined by state and local community college guidelines.
(12) Contact hours of apprenticeship related training offered by community colleges will be consistent with the hours of related training as approved by the State Apprenticeship and Training Council for the specific apprenticeship.
(13) Apprenticeship related training offered by the community colleges for apprentices may be offered as credit or non-credit courses at the discretion of the community college.
(14) Community colleges will transcript the credit for all apprenticeship related training courses completed by apprentices for academic credit. Non-credit apprenticeship related training course transcription is at the discretion of the college.
(15) Effective July 1, 2003, and thereafter, apprenticeship on-the-job (OJT) training paid in whole or in part by any person or entity employing the services of a registered apprentice shall not be considered by the community college or the Office as cooperative work experience or related training for the registered apprentice.
(16) Effective July 1, 2003, and thereafter, state FTE reimbursement will not be provided for on-the-job training for registered apprentices that are paid in whole or in part by any person or entity employing the services of a registered apprentice.
(17) Skill and knowledge gained by registered apprentices and journey persons through on-the-job training may be considered as nonreimbursable credit for prior learning and/or credit for prior certification, according to the policies and procedures of a community college.
(18) Effective July 1, 2003, and thereafter, cooperative work experience (CWE) and similar work-based learning courses may continue to be included in certificate of completion and/or associate degree programs for registered apprentices and journey persons, however credits transcripted by the college shall be only for credit for prior learning or credit for prior certification.
History
- Statutory/Other Authority: ORS 351.735 & 341.290
- Statutes/Other Implemented: ORS, 341.665, 660.157, 660.160, 660.167 & 660.190
- DCCWD 5-2015, f. & cert. ef. 10-30-15
- DCCWD 5-2003, f. & cert. ef. 10-20-03
- DCCWD 2-2003, f. & cert. ef. 3-10-03
Or. Admin. R. 589-007-0120 Apprenticeship Related Training Instruction
(1) Community colleges will enroll apprentices in apprenticeship related training courses utilizing the college registration procedures used for other students and student groups.
(2) Apprentices enrolled for community college apprenticeship related training courses will be community college students and will have access to the same college services and facilities as other similarly enrolled students.
(3) Community colleges will assure that apprenticeship related training courses are provided with classroom and laboratory space. Within the campus allocation and procurement procedures, community colleges will collaborate with the local joint committee to assure space for related training courses.
(4) Community college tuition and applicable fees for apprenticeship related training courses will be set by the local community college in the same manner as tuition is set for other college offerings.
(5) Community colleges will obtain necessary authorization from registered apprentices to provide class lists, grades, and progress and related training attendance records to the local joint committee on request.
(6) To assist the local joint committee, community colleges will maintain and provide class lists, academic progress records, and related training attendance records for all registered apprentices enrolled in apprenticeship related training courses, when appropriate authorization has been obtained from the registered apprentice.
(7) Registered apprentices that are enrolled in credit course work toward the achievement of community college certificate of completion or associate degree programs may be eligible for financial aid if they meet the college's financial aid guidelines.
(8) The awarding of community college academic credit for apprenticeship related training toward associate degrees and certificates of completion will be determined by the local community college based on the local, the Office, and Commission policies and procedures. Local policies and procedures will assure that an established standard of academic achievement has been met for all apprenticeship related training courses accepted toward college awards.
(9) Community colleges will utilize the Professional Technical Course Approval Procedures as identified by the Department for the approval of apprenticeship related training courses.
(10) Apprenticeship related training courses may be offered by the community college prior to final approval as identified by the Office in the Professional Technical Course Approval Procedures.
History
- Statutory/Other Authority: ORS 351.735 & 341.290
- Statutes/Other Implemented: ORS 351.735, 341.665, 660.157, 660.160, 660.167 & 660.190
- DCCWD 5-2015, f. & cert. ef. 10-30-15
- DCCWD 5-2003, f. & cert. ef. 10-20-03
- DCCWD 2-2003, f. & cert. ef. 3-10-03
Or. Admin. R. 589-007-0130 Apprenticeship Instructors
(1) The community college conducting the apprenticeship related training courses will have direct control of the selection, supervision, and evaluation of the apprenticeship related training instructors.
(2) Community colleges may contract with local joint committees to provide educational services including instruction to registered apprentices as identified in OAR 589-007-0180.
(3) Community college apprenticeship related training instructors will be able to demonstrate the occupational competency necessary for the courses to be taught and will have the necessary knowledge and skills required of a practicing journey person.
(4) Community college apprenticeship related training instructors will meet the same education, experience and other requirements in effect for other similar faculty, adjunct faculty or instructors as identified in local college policies, procedures and bargaining agreements.
(5) Community colleges will ensure that apprenticeship related training courses are taught by instructors that have the teaching competencies and qualifications expected of other college instructors and as required by the occupations and industries.
(6) Apprenticeship related training instructors' performance will be evaluated for quality, attendance and effectiveness according to the college's personnel policies or collective bargaining agreement, whichever applies to the community college. The community college may seek input for the evaluation of instructors from the local joint committee responsible for the administration of the training program.
(7) The community college will collaborate with the local joint committee in determining the instructor occupational competency needed for the instruction of an apprenticeship related training course.
(8) Community colleges will consult with the local joint committee for assistance in identifying qualified instructors for apprenticeship related training courses.
(9) Community college apprenticeship related training instructors will be provided with the same opportunities for pre-service and in-service training as other community college instructors and faculty as identified in local college policies, procedures and bargaining agreements.
(10) The community college will collaborate with the local joint committee to identify the needed competencies for apprenticeship related training instructors and to develop and implement appropriate community college pre-service and in-service training and experiences.
History
- Statutory/Other Authority: ORS 326.051
- Statutes/Other Implemented: ORS 341.425, 341.665, 660.157, 660.160, 660.167 & 660.190
- DCCWD 5-2015, f. & cert. ef. 10-30-15
- DCCWD 5-2003, f. & cert. ef. 10-20-03
- DCCWD 2-2003, f. & cert. ef. 3-10-03
Or. Admin. R. 589-007-0140 Certificates of Completion and Associate Degrees for Apprentices and Journey Persons
(1) Community college associate degree and certificate of completion programs offered for registered apprentices and journey persons will follow the same local and Commission standards, criteria and requirements as other certificate of completion and associate degree programs. Programs will follow the Certificate of Completion and Associate Degree Approval Procedures identified by the Office.
(2) Community college associate degree and certificate of completion programs developed for registered apprentices and journey persons will follow the general education, related instruction and other college requirements for certificate of completion and associate degree programs as identified by each community college.
(3) Community colleges will provide opportunities for apprentices and journey persons to achieve an associate degree using knowledge and skills from current and prior education and experience. The associate degree opportunity may include, but not be limited to, an Associate of Applied Science degree in an apprenticeable trade, or an Associate of Applied Science degree in an area such as Industrial Technology, or an Associate of General Studies.
(4) Community colleges with Associate of Applied Science degree (AAS) programs for registered apprentices and journey persons (apprenticeable trade AAS degree programs or in an area such Industrial Technology degree programs) will align with BOLI minimum guideline standards by apprenticeable trade within two years of the establishment of the minimum guidelines standards for the apprenticeable trade. New and existing AAS degree programs for registered apprentices and journey persons will follow the Minimum Guideline Standards Certificate of Completion and Associate of Applied Science Degree Procedures identified by the Office in consultation with stakeholders.
History
- Statutory/Other Authority: ORS 351.735 & 341.290
- Statutes/Other Implemented: ORS 351.735, 341.665, 660.157, 660.160, 660.167 & 660.190
- DCCWD 5-2015, f. & cert. ef. 10-30-15
- DCCWD 5-2003, f. & cert. ef. 10-20-03
- DCCWD 2-2003, f. & cert. ef. 3-10-03
Or. Admin. R. 589-007-0150 Granting Academic Credit for Certificates of Completion and Associate Degrees for Apprentices and Journey Persons
(1) Registered apprentices and journey persons will be provided with the same opportunities for being awarded academic credit for prior learning or prior certification toward certificates of completion and associate degrees as is available for other community college students. These opportunities will include but may not be limited to: Credit for Prior Experiential Learning, Course Challenge Examination and Credit for Prior Certification.
(2) Community colleges will follow the regional accreditation standards allowing no more than 25 percent of certificate of completion and associate degree programs to be met through credit for prior experiential learning.
(3) Community colleges will utilize the same standards of achievement (proficiencies, grades, etc.) for granting academic credit for related training and previous experience for associate degrees and certificates of completion for apprentices and journey persons as for other community college students.
(4) Apprenticeship related training courses completed for academic credit and transcripted at one Oregon community college will be evaluated toward meeting the requirements for college certificates of completion and associate degrees at another Oregon community college.
(5) Journey persons with proof of Oregon journey person status or some other form of recognized state, regional or national standards certification may be awarded academic credit toward an associate degree based on local community college procedures.
(6) Evaluation procedures to establish apprenticeship credit for community college work toward apprenticeship requirements will follow policies adopted by the State Apprenticeship and Training Council in cooperation with the Office. Apprenticeship credit is acknowledged and accepted by the local joint committee. The community college does not grant apprenticeship credit toward BOLI apprenticeship program requirements.
History
- Statutory/Other Authority: ORS 351.735
- Statutes/Other Implemented: ORS 351.735, 341.665, 660.157, 660.160, 660.167 & 660.190
- DCCWD 5-2015, f. & cert. ef. 10-30-15
- DCCWD 5-2003, f. & cert. ef. 10-20-03
- DCCWD 2-2003, f. & cert. ef. 3-10-03
Or. Admin. R. 589-007-0160 Menu of Core Apprenticeship Services and Supplemental Apprenticeship Services
(1) Core apprenticeship services will include the services provided by Oregon community colleges to registered apprentices and local joint committees when the registered apprentice is enrolled for one or more related training courses at the community college and the related training courses meet the community college's content, minimum class size, and other requirements for such courses.
(2) The menu of core apprenticeship services will include the core apprenticeship services and the definition of each service as have been identified by the community colleges in collaboration with the Office. Core apprenticeship services will include:
(a) Registration services for registered apprentices;
(b) Academic credit for apprenticeship related training instruction under the direct control of the college utilizing the same academic credit and instructional guidelines used for other similar college courses;
(c) Opportunities for registered apprentices to complete requirements to achieve an associate degree;
(d) Registered apprentices with access to the same college services and facilities (financial aid eligibility, counseling, advising, library access, etc.) as other similarly enrolled students;
(e) Inservice and professional development opportunities for apprenticeship related training instructors that are consistent with opportunities provided for other similarly hired college instructors;
(f) Classroom and laboratory facilities for apprenticeship relating training courses either at the college facility or at another facility as agreed upon by the college and the local joint committee; and
(g) When appropriate authorization has been provided by the registered apprentice, apprenticeship related training class lists and related training attendance records for registered apprentices will be provided to local joint committees.
(3) Community colleges identified on the Annual List of Community College Related Training Providers may also provide a listing of supplemental apprenticeship services available to local joint committees from their individual community college. Supplemental apprenticeship services include services that may be available at an individual community college on a fee for service basis to support the local joint committee in its effort to provide effective services to registered apprentices.
(4) Supplemental apprenticeship services to be provided by a community college to a local joint committee will be provided through a contract between the parties. Such contracts will include but not be limited to the identification of supplemental apprenticeship and other services to be provided, fees for services provided and length of services to be provided.
(5) Supplemental apprenticeship services that may be provided by a community college on a fee for services basis through a contract between the community college and the local joint committee may include but are not limited to:
(a) Administrative support to the local joint committee;
(b) Posting meetings;
(c) Maintenance of equal opportunity records;
(d) Maintenance of records required by state and federal apprenticeship regulations;
(e) Computer technical support;
(f) Taking and distributing minutes for or on behalf of the local joint committee;
(g) Marketing/promotion;
(h) Grant proposal preparation and administration of grants;
(i) Assessing transferability of related training coursework;
(j) Completion of applicant rating forms; and
(k) End of the term recommendations.
History
- Statutory/Other Authority: ORS 341.290
- Statutes/Other Implemented: ORS 351.735, 341.665, 660.157, 660.160, 660.167 & 660.190
- DCCWD 5-2015, f. & cert. ef. 10-30-15
- DCCWD 5-2003, f. & cert. ef. 10-20-03
- DCCWD 2-2003, f. & cert. ef. 3-10-03
Or. Admin. R. 589-007-0170 Community College Apprenticeship Related Training Providers and Notification
(1) Community colleges, within the limits of the available resources and facilities of the community college, will provide core apprenticeship services for the registered apprentices. Community colleges may contract with other community colleges to assist in providing core apprenticeship services to registered apprentices.
(2) By March 1, 2003, and by February 1 of each year thereafter, each community college will submit to the Office their intention to offer apprenticeship related training and core apprenticeship services to registered apprentices for the following school year beginning July 1.
(3) By April 1, 2003, and by March 1 of each year thereafter, the Office will publish the Annual List of Community College Related Training Providers identifying the community colleges that have indicated their interest in offering apprenticeship related training courses and core apprenticeship services for the following school year. The Office will provide the Annual List and menu of core apprenticeship services to the Bureau of Labor and Industries, Apprenticeship and Training Division, the local joint committees and the community colleges.
(4) Local joint committees will utilize the Annual List of Community College Related Training Providers to enter into contractual agreements with one or more community colleges within the local joint committee boundaries to provide apprenticeship related training and core apprenticeship services to registered apprentices indentured to the local joint committee.
(5) If a community college and the local joint committee are unable to obtain agreement regarding apprenticeship related training and core apprenticeship services to be provided, the community college or local joint committee may contact the Office for a referral to the Oregon Public Policy Dispute Resolution Program for dispute resolution services. Dispute resolution services provided shall include fair and equitable membership as approved jointly by the community college(s) and the local joint committee.
(6) If no contractual agreement can be reached between a local joint committee and one or more community college(s) within the geographic jurisdiction of the local joint committee, the local joint committee may contract with any community college on the Annual List of Community College Related Training Providers willing to provide apprenticeship related training and core apprenticeship services.
(7) If the local joint committee determines that they wish to contract with another community college, the local joint committees will provide notice within 90 calendar days of the completion of the existing agreement to the contracting community college of its intention to contract with another community college.
(8) Contracts between community colleges and local joint committees will not imply any requirement on the part of the state for reimbursement.
History
- Statutory/Other Authority: ORS 341.290
- Statutes/Other Implemented: ORS, 341.665, 660.157, 660.160, 660.167 & 660.190
- DCCWD 5-2015, f. & cert. ef. 10-30-15
- DCCWD 5-2003, f. & cert. ef. 10-20-03
- DCCWD 2-2003, f. & cert. ef. 3-10-03
Or. Admin. R. 589-007-0180 Contracts for Educational Services Between Community Colleges and Local Joint Committees
(1) Local joint committees, as private organizations, may contract with a community college to provide services of an educational nature that are subject to the approval of the Commission as identified in ORS 341.315.
(2) A community college may enter into contracts with local joint committees to obtain educational services for students enrolled in the community college as identified in ORS 341.440.
(3) Educational services provided under contract between the community college and the local joint committee must meet or exceed the accreditation requirements for Contractual Relationships with Organizations Not Regionally Accredited of the Commission on Colleges and Universities of the Northwest Association of Schools and of Colleges and Universities or their successor to ensure full accreditation for the community college.
(4) The applicable requirements for contracted education services include but are not limited to:
(a) The primary purpose of offering the course is educational.
(b) Any course offered must be consistent with the institution's educational mission and goals.
(c) Courses to be offered and the value and level of their credit must be determined in accordance with established institutional and Commission policies and procedures.
(d) Courses offered must remain under the sole and direct control of the community college, which exercises ultimate and continuing responsibility for the performance of these functions as it relates to:
(A) Recruitment and advertising;
(B) Advising and counseling students;
(C) Appointment and validation of credentials of faculty and instructors teaching the course;
(D) Admission of students to courses and/or to the community college;
(E) Instruction in the courses;
(F) Evaluation of student progress;
(G) Record keeping;
(I) Tuition and/or fees charged, receipt and disbursement of funds, and refund policy;
(J) Nature and location of courses;
(K) Library and information resources;
(L) Additional data including course outlines, syllabi, copies of exams, records of students and evidence of equivalencies with established programs.
(5) Educational services provided by the local joint committee under contract with the community college must meet the standards for educational services provided by the college as identified in ORS 341.440.
(6) Community colleges may not enter into a contract where the community college is required to share any portion of FTE reimbursement provided by the state.
(7) Contracts between the community college and the local joint committee will be based upon reasonable costs associated with the educational services provided under the contract.
(8) As set forth in ORS 341.440, the contract for educational services between the community college and the local joint committee will not exceed the costs that would otherwise be incurred by the college to provide students with the same or similar services.
(9) Contracts for educational services between the community college and the local joint committee may include those core apprenticeship services as identified in OAR 589-007-0160. Services provided must remain under the direct and sole control of the community college and meet the standards of regular community college courses, programs and services and are services that are best provided through the contractual arrangement. The educational services that may be provided by the local joint committee are limited to:
(a) Facilities for apprenticeship related training courses;
(b) Assistance in recommending instructional staff that meet the college requirements for college faculty and instructors;
(c) Related training instructors to serve as instructors for college related training courses that meet the college requirements for college faculty and instructors;
(d) Equipment, services and supplies to be utilized for apprenticeship related training courses; and
(e) Assistance in the development of curriculum and assessments for related training courses.
(10) Contracts for educational services between the community college and the local joint committee will be consistent with OAR 589-002-0500 and will clearly establish the requirements and responsibilities of the community college and the local joint committee following regional accreditation and other requirements. Contracts will be executed by designated officers of the community college and the local joint committee and will include the following elements:
(a) Identification of the work to be performed, period of the agreement, and conditions under which renewal or renegotiation of the contract would take place;
(b) Identification of the community college as having ultimate responsibility for the performance of necessary control functions for the educational offerings and offering academic credit;
(c) Establishment of the responsibilities of the community college and the local joint committee regarding:
(A) Indirect costs
(B) Approval of salaries
(C) Equipment
(D) Subcontracts and travel
(E) Property ownership and accountability
(F) Inventions and patents
(G) Publications and copyrights
(H) Accounting records and audits
(I) Security
(J) Termination costs
(K) Tuition refund
(L) Student records
(M) Faculty facilities
(N) Safety regulations
(O) Insurance coverage
(d) Demonstration that the regional accreditation requirements have been met regarding:
(A) Enrollment agreements
(B) Tuition policies including rates, refunds and cancellations and collection practices
(C) Student recruitment including advertising and promotional literature and field agents.
History
- Statutory/Other Authority: ORS 341.315
- Statutes/Other Implemented: ORS, 341.315 & 341.440
- DCCWD 5-2015, f. & cert. ef. 10-30-15
- DCCWD 5-2003, f. & cert. ef. 10-20-03
- DCCWD 2-2003, f. & cert. ef. 3-10-03
Or. Admin. R. 589-007-0300 Veterans Programs
Each community college requesting approval for the training of veterans and other eligible persons will contact the State Approving Agency (SAA) for veterans' administration.
History
- Statutory/Other Authority: ORS 341.506
- Statutes/Other Implemented: ORS 341.506
- DCCWD 5-2015, f. & cert. ef. 10-30-15
- DCCWD 5-2003, f. & cert. ef. 10-20-03
- DCCWD 1-2003, f. & cert. ef. 1-9-03
- DCCWD 1-2001, f. & cert. ef. 3-21-01, Renumbered from 581-043-0530
- EB 14-1991, f. & cert. ef. 7-19-91, Renumbered from 581-046-0001
- 1EB 223, f. 3-22-76, cert. ef. 4-1-76
Or. Admin. R. 589-007-0400 Oregon GED® Program and Certificates of High School Equivalency
(1) For the purpose of this rule:
(a) Certificate of High School Equivalency (“Certificate”) means a certificate issued to an individual upon the successful completion of the GED® test series, that demonstrates the individual is recognized as having achieved high school equivalency.
(b) GED® test staff means an individual located at a GED® test center with responsibility for duties related to GED® testing.
(c) GED® test center means a location approved by the provider of the GED® test series to offer GED® testing.
(2) The 2014 Series GED® test is a measure of high school equivalency and includes the following areas:
(a) Reasoning through language arts;
(b) Social studies;
(c) Science;
(d) Mathematical reasoning.
(3) Applicant Testing Eligibility Requirements. An applicant must meet the following requirements to take the GED® test in Oregon.
(a) The applicant must have valid state or government issued photo identification. Oregon residency is not required.
(b) The applicant must meet one of the following age requirements:
(A) The applicant is at least 18 years of age at the time the applicant takes the test.
(B) The applicant is at least 16 years of age, but less than 18 years of age, at the time the applicant takes the test and has secured permission from applicant’s parent or legal guardian to take the test. The Office may exempt an applicant experiencing homelessness from the parental or legal guardian permission requirement.
(C) The applicant is at least 16 years of age at the time the applicant takes the test and is legally married.
(D) The applicant is at least 16 years of age at the time the applicant takes the test and is legally emancipated, as provided by ORS 419B.550-419B.558.
(c) The applicant, or a third-party on behalf of the applicant, must pay the test fee.
(d) Previous high school enrollment is not required.
(4) To obtain the Certificate of High School Equivalency, an applicant must achieve a minimum standard score set by GED® test and the Office.
(5) Certificate issuance:
(a) The individual who passes the GED® test may request one free copy of their Certificate of High School Equivalency and transcript. A fee will be charged to the GED® test candidate for additional copies of the GED® test transcript and certificate.
(b) Test scores are accepted as official only when reported directly by official GED® testing centers or the official provider of the GED® test.
(6) Previous high school enrollment is not required for an applicant to be eligible to receive a Certificate of High School Equivalency.
(7) The State of Oregon may use a third-party vendor to administer the GED® test, the receipt and reporting of scores, and other provisions of the GED® testing program.
(8) GED® test staff and GED® test centers shall be approved by the official provider of the GED® test to provide testing services in consultation with the Office when the following have been documented:
(a) Need for a new testing site in a specific region or location;
(b) The center meets all test center requirements described in the GED® Program Policy Manual published by the official provider of the GED® test of the American Council on Education.
(9) The annual contract between GED® test centers and the official provider of the GED® test, as well as agreements between the Office and the official provider of the GED® test shall ensure that all state and national requirements shall be met.
(10) The GED® test staff shall ensure that the applicant is advised of:
(a) Locally available GED® test practice testing and preparation opportunities;
(b) Policies, including limitations on retesting procedures;
(c) The special GED® test scores that are required by apprenticeship and some postsecondary educational programs.
(11) GED® test centers shall comply with the requirements of the testing program by refusing to administer tests to those who have not reached complied with the applicant testing eligibility requirements in this rule.
(12) The Office oversees GED® tests to individuals confined to state correctional and health institutions.
[Publications: Publications referenced are available from the agency.]
History
- Statutory/Other Authority: ORS 350.175 & 2023 Oregon Laws, Chapter 527
- Statutes/Other Implemented: ORS 350.175 & 2023 Oregon Laws, Chapter 527
- CCWD 2-2024, amend filed 04/11/2024, effective 04/11/2024
- CCWD 7-2023, temporary amend filed 12/14/2023, effective 12/14/2023 through 06/10/2024
- DCCWD 5-2015, f. & cert. ef. 10-30-15
- DCCWD 5-2014, f. & cert. ef. 7-22-14
- DCCWD 1-2014(Temp), f. & cert. ef. 3-14-14 thru 9-10-14
- DCCWD 1-2006, f. 4-17-06, cert. ef. 4-18-06
- DCCWD 1-2001, f. & cert. ef. 3-21-01, Renumbered from 581-043-0600
- EB 36-1993, f. & cert. ef. 12-14-93
- EB 30-1993(Temp), f. & cert. ef. 9-30-93
- EB 4-1993, f. & cert. ef. 1-13-93
- EB 15-1992, f. & cert. ef. 5-13-92
- EB 14-1991, f. & cert. ef. 7-19-91, Renumbered from 581-046-0010
- EB 6-1988, f. & cert. ef. 1-14-88
- 1EB 5-1984, f. & cert. ef. 3-7-84
- 1EB 240, f. & cert. ef. 8-27-76
- 1EB 194, f. 4-18-75, cert. ef. 7-1-75
- 1EB 137, f. 8-18-72, cert. ef. 10-1-72
- 1EB 130, f. 5-5-72, cert. ef. 10-15-72
- 1EB 49, f. 4-19-60, cert. ef. 5-10-60
Or. Admin. R. 589-007-0500 State GED Fees
(1) The Commission authorizes the Office to charge a fee of $38 per test at the time testing begins (this includes the $8.00 state administration fee).
(2) Persons seeking a GED equivalency certificate shall be issued that certification upon verification that the state fee has been paid and the requirements of OAR 589-007-0400 have been met.
(3) State fees will be collected by GEDTS at the time a GED candidate registers online for the GED tests and will be distributed to the department on a monthly basis.
(4) A GED high school equivalency certificate will be issued upon successful completion of the four subtests.
(5) Effective January 2, 2014, the state discount retaken test fee of $10 will be implemented for up to two retaken tests per failed content area provided the retaken tests occur within 12 calendar months.
History
- Statutory/Other Authority: ORS 350.175
- Statutes/Other Implemented: ORS 192.440 & ORS 350.175
- CCWD 10-2025, minor correction filed 08/27/2025, effective 08/27/2025
- DCCWD 5-2015, f. & cert. ef. 10-30-15
- DCCWD 5-2014, f. & cert. ef. 7-22-14
- DCCWD 1-2014(Temp), f. & cert. ef. 3-14-14 thru 9-10-14
- DCCWD 5-2013, f. & cert. ef. 9-20-13
- DCCWD 1-2013(Temp), f. & cert. ef. 5-31-13 thru 11-27-13
- DCCWD 1-2009, f. & cert. ef. 7-6-09
- DCCWD 1-2001, f. & cert. ef. 3-21-01, Renumbered from 581-041-0011
- ODE 1-2001, f. 1-25-01, cert. ef. 1-26-01
- EB 12-1991, f. & cert. ef. 7-19-91, Renumbered from 581-046-0005
- 1EB 10-1984, f. & cert. ef. 4-13-84
- 1EB 6-1984(Temp), f. & cert. ef. 3-7-84
- 1EB 258, f. 1-31-77, cert. ef. 2-1-77
- 1EB 130, f. 5-5-72, cert. ef. 10-15-72
Or. Admin. R. 589-007-0600 Adult High School Diploma Program
The purpose of the Adult High School Diploma program is to provide an opportunity for persons with an exemption from compulsory attendance to earn an Oregon diploma.
(1) Definitions. As used in this rule:
(a) “Adult High School Diploma” or “AHSD” means a diploma that fulfills all state requirements as provided in OAR 581-022-2000 and the community college program requirements as defined in the approved program plan, and is issued by a community college with an approved program plan on file at the Office of Community College and Workforce Development.
(b) “Adult high school diploma credit” means credit earned by the student prior to enrolling in or earned outside of the AHSD program for academic coursework, as well as credit awarded by the community college for proficiency and life experience, but does not include credit awarded for challenge tests.
(c) “Adult high school diploma academic credit” means credit earned by the student at the community college for academic coursework, from either secondary level or community college courses.
(2) The Commission shall oversee the AHSD as provided in ORS 351.768 and ORS 339.505(1) and approve AHSD programs of the community colleges. The Commission delegates administrative responsibilities to the Director to review and make a recommendation to the Commission regarding program approval.
(3) The Office shall administer the statewide AHSD program and establish policies and procedures for the approval and monitoring of AHSD programs.
(4) Community colleges are authorized to award the AHSD subject to Commission approval of the community college AHSD plan, consistent with these rules, and consistent with administrative policies and procedures of the Office.
(5) To be eligible to receive an AHSD, a student shall:
(a) Have an exemption from compulsory attendance as provided in OAR 581-021-0076 and ORS 339.030(2), or otherwise not be required to attend as provided in ORS 339.010;
(b) Fulfill all state requirements as provided in OAR 581-022-2000 or other rules establishing minimum requirements for an Oregon diploma;
(c) Earn at least one adult high school diploma academic credit from a community college with an approved program; and
(d) Fulfill all program requirements as described in the approved community college AHSD program plan.
(6) A community college shall adopt policies and procedures for the approval of the AHSD program plan. These policies and procedures shall provide that:
(a) Before the community college may award an AHSD, the college shall have an approved program plan on file at the Office. The plan shall be approved by the local community college board of education prior to being filed for review with the Office and recommendation for approval by the Director. The community college shall submit the plan to the Office on a date and in a format described in guidance documents provided by the Office.
(b) The filing process shall be complete when the Commission has approved the plan and the community college has received a letter of authorization from the Office.
(c) The plan must include but is not limited to:
(A) The statement of assurances described in guidance documents provided by the Office; and
(B) A description of the following:
(i) Program mission and goals;
(ii) Admission requirements;
(iii) Student orientation and advising;
(iv) Maintenance of student records;
(v) Services for students with disabilities;
(vi) Student assessment and completion criteria;
(vii) Course offerings;
(viii) Personalized learning;
(ix) Awarding adult high school diploma credit;
(x) Minimum credit requirement;
(xi) Other community college or program requirements; and
(xii) Recognition of student achievement.
(7) Once a plan is approved by the Commission, monitoring and evaluation of the approved plan is by the Office through the Director, pursuant to standards and rules of the Commission. Monitoring and evaluation shall include annual reporting by the community college with such information as the Office may require.
(8) A community college shall adopt policies and procedures for the annual update of the AHSD program plan. These policies and procedures shall provide that:
(a) The program shall submit annually the signed statement of assurances as required by the Office.
(b) The program shall submit annually a plan update and statistical reports as required by the Office.
(c) The program shall participate in ongoing program monitoring and evaluation as required by the Office.
(9) All community colleges are presumed to maintain an approved AHSD program unless the college has been found to be deficient by the Director, pursuant to the AHSD plan requirements.
(10) If any deficiency is not corrected before the beginning of the program year following the date of the finding of deficiency and if an extension has not been granted under section (11), the Director may recommend to the Commission that AHSD program approval be rescinded until any such deficiency is corrected unless the recommendation would create an undue hardship, as determined pursuant to rules of the Commission.
(11) The Director must submit notification to a community college regarding a deficiency that will require the community college to submit a corrective action plan and a staff member of the Office staff shall contact the community college and offer technical assistance.
(a) Within 90 days of the finding of deficiency, a community college shall submit a corrective action plan acceptable to the Commissioner for meeting AHSD plan requirements.
(b) When an acceptable plan for meeting AHSD plan requirements has been submitted, the Director may allow an extension of time before recommending program approval be rescinded, not to exceed 12 months, if the Director determines that any such deficiency cannot be corrected or removed before the beginning of the next program year.
(12) Pursuant to rules adopted by the Commission, the Director may extend the time specified for submitting a corrective action plan if the Director determines that a human-created disaster or a natural disaster affects the ability of the community college to comply with the date requirement.
(13) The Commission may suspend, revoke, or refuse to renew its approval of an AHSD program if:
(a) The community college fails to maintain the requirements in OAR 581-022-2000;
(b) The community college fails to maintain the requirements in OAR 589-007-0600; or
(c) The community college refuses to implement corrective actions before the beginning of the next program year or by the end of the granted extension period.
(14) A community college may request to terminate its AHSD program by submitting a letter of termination from the community college board.
(15) Program suspension or termination begins on the date that:
(a) The Commission suspends, revokes, or refuses to renew its approval of an AHSD program; or
(b) The college designates as the final operating date in its letter of termination.
(16) Suspended or terminated programs requesting re-approval are required to utilize the AHSD Program Approval Procedure identified by the Office.
History
- Statutory/Other Authority: ORS 339.030
- Statutes/Other Implemented: ORS 339.505
- CCWD 2-2019, minor correction filed 03/25/2019, effective 03/25/2019
- DCCWD 5-2015, f. & cert. ef. 10-30-15
- DCCWD 2-2013, f. & cert. ef. 5-31-13
- DCCWD 1-2001, f. & cert. ef. 3-21-01, Renumbered from 581-043-0650
- ODE 2-2001, f. 1-25-01, cert. ef. 1-26-01
- EB 14-1991, f. & cert. ef. 7-19-91, Renumbered from 581-042-0005(5)(a) - (d)
- 1EB 9-1983, f. & cert. ef. 10-13-83
- 1EB 263, f. & cert. ef. 7-5-77
- 1EB 166, f. 2-20-74, cert. ef. 3-11-74
- 1EB 132, f. 5-19-72, cert. ef. 6-1-72
Or. Admin. R. 589-007-0700 National Career Readiness Certificate (NCRC) Program
(1) The purpose of the National Career Readiness Certification (NCRC) program is to prepare Oregonians for the workplace and for college as a part of implementing an integrated workforce delivery system that focuses on developing the skills and talents of Oregonians. The NCRC in Oregon provides individuals with documented, transportable, skills-based certificates.
(2) The Office shall administer the statewide program for the National Career Readiness Certificate called for in ORS 660.343 , and establish a policy and procedures for:
(a) Initial skills review assessments to identify participant’s skill levels;
(b) Targeted instruction and remedial skill-building for participants;
(c) Foundational skills assessments for participants;
(d) Training of staff to administer assessments based on established guidelines;
(e) Delivery site criteria and validation of these criteria;
(f) Quality assurance processes;
(g) Development of systems to collect, track and maintain data;
(h) Participant’s eligibility criteria. Eligible program participants:
(A) Must be a citizen or national of the United States, lawfully admitted permanent resident noncitizen, refugee, asylee, or parolee, or other immigrant authorized by the Attorney General to work in the United States;
(B) Must be a resident of Oregon or an employee of businesses located in Oregon;
(C) Must comply with NCRC assessment-taking procedures and requirements as outlined in American College Testing (ACT) test coordinator manual and directions for administration.
(D) Must meet any additional eligibility requirements as dictated by the funding source(s) used to administer, implement, or support the NCRC program.
(3) Services provided by the NCRC program shall include, but are not limited to:
(a) An assessment process that includes an initial skills review and a foundational skills assessment of examinees in reading for information, applied mathematics, and locating information at a minimum;
(b) Targeted and accelerated instruction and remedial skills training to increase foundational skills for participants as determined by the assessment process;
(c) Issuance of a National Career Readiness Certificate to any eligible individual who earns a minimum score of a 3 on each of the NCRC assessments for reading for information, applied mathematics, and locating information:
(A) Certificates issued to examinees on successful completion of the assessments must describe the skills demonstrated by the examinee as evidence of the individual’s readiness for employment;
(B) Each of the NCRC assessments shall be scored on a scale of three and above. The level of credential examinees receive is based on the following:
(i) A bronze-level certificate requires a minimum score of three or above on each of the assessments.
(ii) A silver-level certificate requires a minimum score of four or above on each of the assessments.
(iii) A gold-level certificate requires a minimum score of five or above on each of the assessments.
(iv) A platinum-level certificate requires a minimum score of six or above on each of the assessments.
(4) The results of NCRC assessments must be used, at a minimum, to determine a participant’s career readiness as determined by general skills requirements and job profiles, and to determine additional instructional needs for the participant in reading, locating information, and applied mathematics, or other assessments needed or required.
(5) Participants may opt out of the NCRC database by informing the Agency in writing, by mail, and with examinee’s signature that he or she wants to opt out of the database.
(6) The Office shall conduct periodic studies of the assessments used in Oregon to document Essential Skill for high school graduation to compare their effectiveness in preparing graduates for successful transition to post-secondary education and the workplace.
History
- Statutory/Other Authority: ORS 660.343
- Statutes/Other Implemented: 660.343
- CCWD 1-2023, minor correction filed 03/08/2023, effective 03/08/2023
- DCCWD 5-2015, f. & cert. ef. 10-30-15
- DCCWD 4-2012, f. & cert. ef. 12-26-12
- DCCWD 2-2012(Temp), f. & cert. ef. 8-6-12 thru 1-31-13
- DCCWD 3-2011, f. & cert. ef. 12-9-11
- DCCWD 6-2009, f. & cert. ef. 12-14-09
- DCCWD 2-2009(Temp), f. & cert. ef. 7-15-09 thru 1-8-10
Or. Admin. R. 589-007-0800 Oregon On-the-Job Training (OJT) Program
(1) The purpose of the Oregon On-the-Job Training (OJT) Program is to support the Governor’s Workforce agenda by providing OJT and the National Career Readiness Certificate (NCRC) as solutions relating to employee hiring, training, and retention .
(2) The Office determines the statewide implementation and operation of the OJT Program in Oregon.
(3) The OJT Program in Oregon shall involve at a minimum:
(a) Cost-effective solutions to the issues of employee hiring, training, and retention;
(b) Utilization of public and private resources;
(c) Certification of career readiness skills for participants as defined by the National Career Readiness Certificate;
(d) Employer provided, job-specific training for Oregonians newly hired under this program;
(e) A process to identify appropriate companies and job seekers to participate in the programs;
(f) A process by which monies may be appropriated and allocated to the local workforce investment boards to support projects identified by local workforce investment areas;
(g) Employer reimbursement schedules will follow local policies.
(4) Tracking and reporting to the Office the outcomes of the Oregon On-the-Job Training Program in the local workforce investment area shall include, but are not limited to:
(a) The number of employers participating in the program;
(b) The number of employees completing training;
(c) The number of employees retained after completing training;
(d) Types of jobs filled by occupational codes;
(e) Characteristics of the unemployed being placed into OJTs;
(f) The number of participants that earn National Career Readiness Certificates;
(g) Signed NCRC letters of commitment from OJT employers to “prefer” job candidates that have an NCRC.
History
- Statutory/Other Authority: 660.300 - 660.364 & 660.343
- Statutes/Other Implemented: 660.303, 660.309 & 660.343
- DCCWD 5-2015, f. & cert. ef. 10-30-15
- DCCWD 4-2011, f. & cert. ef. 12-9-11
- DCCWD 2-2011(Temp), f. & cert. ef. 7-29-11 thru 1-25-12
Division 8 COMMUNITY COLLEGE PERSONNEL POLICIES
Or. Admin. R. 589-008-0100 Guidelines for Formation of Community College Personnel Policies
(1) Each community college board of education shall establish a personnel policy statement, including a policy on instructor selection and development that must include, but need not be limited to, the following:
(a) Definitions of the main terms used in the policy;
(b) Position descriptions;
(c) Procedures for instructor approval, including period of instructor approval;
(d) Procedures for providing individual, written notice of reasonable assurance of continued employment to all employees who are to perform services in the same or a similar capacity during a subsequent academic year or term or in the period immediately following a recess period. Such notice shall be given by May 30 of each year for employees employed as of that date and as of the date of hire for employees employed subsequent to May 30. Pursuant to ORS 341.547, faculty members on annual or indefinite tenure, classified staff members on regular status, and management service employees are considered to have been given notice for the purposes of this section;
(e) A statement regarding academic freedom and responsibility;
(f) Procedures for faculty development for full-time and part-time instructors, which provides opportunities to continuously improve their knowledge and performance and are consistent with the standards and requirements published by the college’s institutional accrediting agency;
(g) Procedures for staff evaluation;
(h) Grievance and appeals procedures;
(i) Affirmative action and nondiscrimination practices;
(j) College organization; and
(k) Methods of policy development and review.
(2) Personnel policies adopted by community college boards shall be filed with the Director within one year following establishment of the community college district. Thereafter, each college shall file annually, between December 1 and January 1, any policy revisions. Policies posted on the community college’s publicly accessible website, Human Resources section, are considered to have met the filing requirement if the appropriate ‘effective date’ of the policy is also noted. In the event the governing board of the community college fails to enact the personnel policies as required by subsection (1) of this rule, the Director may withhold the next scheduled Community College Support Fund payment until such personnel policies are enacted.
(3) Each community college board shall develop a policy outlining the procedure for faculty selection. The policy shall include procedures by which the college will maintain records documenting the faculty member's credentials, professional development activities, and other information supporting the faculty member's instructional assignment. In no case shall the process for faculty selection fall below those standards and requirements set forth in the most recent guidance from the college’s accrediting agency.
(4) Faculty for upper division courses within applied baccalaureate programs:
(a) The school must obtain and keep official transcripts and resumes for all teaching faculty within any applied baccalaureate program.
(b) The school shall ensure that all teachers are individually qualified by education and experience to give expert instruction or evaluation in their specialties. Unless an exception is approved by the college’s President because of sufficient compensatory qualification, teachers shall be qualified for the various levels of instruction or evaluation as described below, with degrees earned from schools that are accredited by a federally recognized accrediting agency.
(c) A person who does not hold the appropriate level and major degree as stated in subsection (A) through (C) of this paragraph may demonstrate qualification by showing at least 12 semester or 15 quarter credits in the field at a level higher than the current teaching assignment combined with an appropriate depth of relevant professional experience in the field, as evidenced on a resume. Teaching experience cannot be used to replace professional experience if this option is exercised, except for teacher education programs.
(A) Teachers in programs leading to degrees in the fine arts, including but not limited to art, music, dance, cooking, theater, photography, writing, and other programs involving a significant creative element, may demonstrate qualifications with a documented combination of academic and creative work.
(B) Standards applicable to bachelor's degree programs: A teacher within a program offering bachelor's degrees ordinarily shall possess a graduate degree appropriate to the subject taught or evaluated except those compensatory nonacademic qualifications such as an appropriate depth of relevant professional experience in the field, will be more readily accepted by the President in programs leading to occupational degrees, professional licensure, or within the fine arts.
(C) A teacher of an academic or scientific discipline within an occupational or professional degree program ordinarily shall possess the appropriate degree in the discipline rather than a non-disciplinary occupational or professional degree. However, lower-division undergraduate courses may be taught by those with non-disciplinary degrees who have demonstrable and extensive acquaintance with the discipline.
History
- Statutory/Other Authority: ORS 341.015 & ORS 341.290
- Statutes/Other Implemented: ORS 341.015, ORS 341.535 & ORS 341.547
- CCWD 13-2025, amend filed 12/12/2025, effective 12/12/2025
- CCWD 1-2020, amend filed 07/07/2020, effective 07/07/2020
- DCCWD 5-2015, f. & cert. ef. 10-30-15
- DCCWD 5-2014, f. & cert. ef. 7-22-14
- DCCWD 4-2014(Temp), f. 4-23-14, cert. ef. 4-24-14 thru 10-21-14
- DCCWD 5-2003, f. & cert. ef. 10-20-03
- DCCWD 1-2003, f. & cert. ef. 1-9-03
- DCCWD 1-2001, f. & cert. ef. 3-21-01, Renumbered from 581-043-0700
- EB 14-1991, f. & cert. ef. 7-19-91, Renumbered from 581-043-0005, 581-043-0010, 581-043-0015, 581-043-0020, 581-043-0025, 581-043-0030, 581-043-0035, 581-043-0100, 581-043-0105 & 581-043-0110
- 1EB 167, f. 2-20-74, cert. ef. 3-11-74
- 1EB 153, f. 7-20-73, cert. ef. 8-1-73
- 1EB 135, f. 7-11-72, cert. ef. 8-1-72
- 1EB 131, f. 5-19-72, cert. ef. 6-1-72
Or. Admin. R. 589-008-0200 Use of Community College Instructors in High Schools
(1) A school district may contract with a community college accredited by the Northwest Association of Schools and Colleges or a community college contracting for delivery of instructional and curriculum services with an accredited community college for instruction at a high school site by a faculty member who does not hold a current Teacher Standards and Practices Commission license if the following conditions are met:
(a) The faculty member is employed by a community college accredited by the Northwest Association of Schools and Colleges or the faculty member is employed by a community college under contract with an accredited community college for delivery of instructional and curriculum services.
(b) The faculty member's teaching qualifications are verified by formal preparation and/or work experience, including:
(A) Evidence of academic and/or professional technical training sufficient to demonstrate competency in the subject-matter area;
(B) Successful postsecondary teaching experience in the discipline and/or program area; or
(C) Resume of work experience sufficient to demonstrate competency in the discipline and/or program.
(c) The faculty member meets current board-adopted personnel policies of both the school district and community college.
(d) The faculty member presents evidence of good moral character, mental and physical health, and such other evidence as the school district board may deem necessary to establish the applicant's fitness to serve as a teacher;
(e) The person has not been convicted of any crime listed in ORS 342.143;
(f) The school district does not have appropriately licensed personnel available for the specific teaching assignment without misassignment and was not able to identify and attain such staff after conducting a reasonably diligent search; and
(g) The assignment includes no more than two high school units of credit or equivalent per year.
(2) A school district shall not contract for unlicensed staff under ORS 342.173(1) during school closures, strikes and summer sessions.
(3) Governing boards of the school district and community college shall annually review each contract to ensure that the requisites of this rule have been met:
(a) Contracts approved by both boards shall be forwarded to the Commission for annual review and approval. Such contracts may be submitted to the Commission for approval after a teacher has been assigned to teach. However, the Commission reserves the right to find any contract in violation of current statutes or administrative rules notwithstanding the teacher's starting date;
(b) The Commission shall report to the Teacher Standards and Practices Commission violations of these rules that could result in forfeiture of State School Funds as stated in ORS 342.173 and OARs 584-050-0060, 584-050-0065 and 584-050-0067.
History
- Statutory/Other Authority: ORS 351.735, 341.015 & ORS 342.173
- Statutes/Other Implemented: ORS 341.535 & ORS 342.173
- DCCWD 5-2015, f. & cert. ef. 10-30-15
- DCCWD 5-2003, f. & cert. ef. 10-20-03
- DCCWD 1-2003, f. & cert. ef. 1-9-03
- DCCWD 1-2001, f. & cert. ef. 3-21-01, Renumbered from 581-043-0750
- EB 14-1991, f. & cert. ef. 7-19-91, Renumbered from 581-043-0256
- EB 28-1988, f. & cert. ef. 6-9-88
- EB 25-1987(Temp), f. & cert. ef. 10-20-87
Division 9 STUDENT MEASLES IMMUNIZATION
Or. Admin. R. 589-009-0100 Immunizations Requirements for Certain Community College Students
(1) Pursuant to ORS 433.283(2) and Health Division OAR 333-050-0140, the following definitions are set forth:
(a) "Clinical Experiences" means a student is required to complete practical work experience with patients in a public or private health facility.
(b) "Practicum Experiences in Education and Child Care Programs" means a student is required to complete practical work experience in a public or private child care or education setting.
(c) "Membership on an Intercollegiate Sports Team" means a college-sponsored team that engages in competition with other intercollegiate teams.
(2) Community college students born on or after January 1, 1957, must have two doses of measles vaccine prior to any participation in clinical experiences in allied health programs; or practicum experiences in education and child care programs; or membership on intercollegiate sports teams.
(3) Each community college shall develop procedures to implement and maintain this requirement.
(4) Each community college shall include a medical exemption and religious exemption.
(5) Acceptable records to document proof of two doses of measles vaccines are contained in OAR 333-050-0140.
(6) The Oregon Health Division may conduct validation surveys to insure compliance with the vaccination requirements.
History
- Statutory/Other Authority: ORS 433.283
- Statutes/Other Implemented: ORS 433.283
- DCCWD 5-2015, f. & cert. ef. 10-30-15
- DCCWD 5-2003, f. & cert. ef. 10-20-03
- DCCWD 1-2003, f. & cert. ef. 1-9-03
- DCCWD 1-2001, f. & cert. ef. 3-21-01, Renumbered from 581-043-0800
- EB 32-1992, f. & cert. ef. 10-14-92
- EB 25-1992(Temp), f. & cert. ef. 7-27-92
Division 20 WORKFORCE INNOVATION AND OPPORTUNITY ACT
Or. Admin. R. 589-020-0300 Resolving a Non-Criminal Allegation of a Violation of the Workforce Innovation and Opportunity Act, Regulations, Grant, or Other Agreement filed Directly Against the Higher Education Coordinating Commission
(1) If there is a complaint against the Higher Education Coordinating Commission (HECC) and the complainant is a Local Workforce Development Board subrecipient, another grant recipient, or other entity receiving Workforce Innovation and Opportunity Act (WIOA) funds directly from the Office of Workforce Investments (OWI), the initial complaint must be filed with the OWI. Complainants are entitled to an opportunity for informal resolution of the complaint and a contested case hearing.
(2) Both the informal resolution process and the contested case hearing must be completed within 60 days of receipt of a complaint.
(3) These procedures shall be used for the resolution of complaints arising from actions, such as audit disallowance or the imposition of sanctions, taken by the governor with respect to audit findings, investigations, or monitoring reports.
History
- Statutory/Other Authority: ORS 350.150 & ORS 660.318
- Statutes/Other Implemented: ORS 660.318
- CCWD 2-2018, amend filed 04/20/2018, effective 04/20/2018
- DCCWD 5-2015, f. & cert. ef. 10-30-15
- DCCWD 4-2009, f. & cert. ef. 8-31-09, Renumbered from151-020-0045
- EWP 1-2008, f. & cert. ef. 4-14-08
- EWP 3-2007(Temp), f. & cert. ef. 12-13-07 thru 6-6-08
- EWP 3-2000, f. & cert. ef. 12-22-00
Or. Admin. R. 589-020-0320 Authority to Request Social Security Numbers
(1) The purpose of this rule is to establish legal authority, policy, and procedures for obtaining and using Social Security numbers from participants to comply with record-keeping and performance measurement requirements for services provided under Title I of the federal Workforce Innovation and Opportunity Act (WIOA) of 2014, Public Law 113-128.
(2) It is the policy of the Office of Workforce Investments (OWI) and providers of WIOA Title I services to request participants registering for or participating in services provided in relation to WIOA Title I services or activities to voluntarily provide and authorize the use of their Social Security numbers. Participants are requested to release their Social Security numbers for purposes of record keeping related to referral and service delivery, and for performance measurement, research, planning, and program evaluation. The request shall notify the participant that/of:
(a) Release of the Social Security number is voluntary;
(b) The authority through which the request for release is made; and
(c) The uses that will be made of the Social Security number. Those uses must be described in the notification.
(3) The request of a participant to release their Social Security number shall conform to forms and/or procedures developed by OWI. Any alteration in the wording or procedure must be approved by OWI. When an individual registers or applies for WIOA Title I services, the individual will be provided with a notice about the request to obtain and use the Social Security number. Individuals will be requested to voluntarily agree to the use of Social Security numbers for the uses described in that notice.
(a) Refusal to voluntarily disclose or permit the use of a Social Security number by the individual will not be used as a basis to deny the individual any right, benefit, or privilege provided solely under WIOA Title I.
(b) Any specific program that requests or requires disclosure of a Social Security number in relation to or as a condition of eligibility to participate in that specific program (such as unemployment insurance compensation, Temporary Assistance for Needy Families, Supplemental Nutrition Assistance Program, or Oregon Health Plan) will separately advise applicants about those specific eligibility requirements. If an individual refuses to voluntarily consent to disclosure of their Social Security number for WIOA Title I purposes, but releases the Social Security number as a mandatory condition for participating in a specific program, the mandatory program will mask the Social Security number or take any other appropriate action to ensure it is used only for purposes allowed under the mandatory disclosure requirement.
(c) A completed form that authorizes the use of Social Security numbers and related records for WIOA Title I purposes will remain valid unless or until revoked, and OWI and providers in the WIOA Title I service delivery system may utilize Social Security numbers for authorized purposes.
(d) If an individual refuses to authorize the use or disclosure of their Social Security number, OWI or WIOA Title I providers may assign an alternative individual identification number. Such number is personally identifiable information and is governed by disclosure requirements under the Public Records Law, ORS 192.410 to 192.505.
(e) Participants receiving services funded by WIOA Title I who enter work-based programs such as on-the-job training or work experience activities will be required to disclose their Social Security number for employment or payroll purposes. All other provisions of this rule will apply to the use of the Social Security number.
(f) Social Security numbers will not be disclosed to the general public.
History
- Statutory/Other Authority: ORS 350.150 & ORS 660.339
- Statutes/Other Implemented: ORS 660.339
- CCWD 2-2018, amend filed 04/20/2018, effective 04/20/2018
- DCCWD 5-2015, f. & cert. ef. 10-30-15
- Renumbered from 151-020-0065, DCCWD 4-2009, f. & cert. ef. 8-31-09
- EWP 3-2000, f. & cert. ef. 12-22-00
- EWP 2-2000, f. 7-7-00, cert. ef. 7-7-00 thru 12-27-00
Or. Admin. R. 589-020-0330 Confidentiality
(1) The purpose of this rule is to:
(a) Provide information to the recipient and subrecipients when making decisions concerning the disclosure of information from applicant and participant records;
(b) To protect applicants and participants from unreasonable invasions into their privacy;
(c) To give applicants and participants access to their records; and
(d) To inform applicants and participants about the reasonable uses of their records for purposes of administering the Workforce Innovation and Opportunity Act (WIOA).
(2) As used in OAR 589-020-0330 the following definitions apply:
(a) "Applicant" means a person applying or registering for services in programs conducted under WIOA Title I.
(b) "Exiter" means a participant who has a date of case closure, completion or known exit from Workforce Innovation and Opportunity Act (WIOA)-funded or non-WIOA funded partner services within the quarter; or a participant who does not receive any WIOA-funded or non-WIOA funded partner service for 90 days and is not scheduled for future services except follow-up services.
(c) "Participant" means a person applying for or receiving services in programs conducted under WIOA Title I.
(d) "Participant behavioral records" are records which include, but are not limited to, psychometric testing, personality evaluations, written transcripts of incidents relating to participant behavior, grades, conduct, personal and academic evaluations, counseling, alcohol or substance abuse evaluation and/or treatment, disciplinary actions, if any, and other personal evaluations.
(e) "Participant records" include all participant records, participant behavioral records and documents which contain personally identifiable information maintained by the recipient and its subrecipients.
(f) "Personally identifiable" means that the applicant or participant records include:
(A) The name of the applicant or participant,
(B) The name(s) of the applicant’s or participant’s their parent(s);
(C) The name(s) of the applicant’s or participant’s other family members;
(D) The address of the applicant or participant;
(E) A personal identifier, such as the applicant's or participant's Social Security number or phone number;
(F) A list of personal or physical characteristics which would make the applicant's or participant's identity easily traceable, or
(G) Other information which would make the applicant's or participant's identity easily traceable.
(g) "Program staff" means recipient and subrecipient staff.
(h) "Recipient" means the governor and the Office of Workforce Investments.
(i) "Release" means to make participant records available to individuals, agencies, or businesses for inspection in original or duplicate form.
(j) "Surrogate" means an individual who acts in the place of a parent or guardian in safeguarding an applicant's or participant's rights when the parent or guardian is unknown (the parent cannot be identified or ascertained by diligent inquiry), unavailable (after reasonable effort, the whereabouts of the parents cannot be ascertained) or the applicant or participant is a ward of the State. "Surrogate" may also apply to disabled adults who have a designated legal guardian or advocate.
(3) No applicant or participant records shall be released without the express consent of the applicant or participant, their parent or legal guardian or surrogate, except as noted in this rule.
(a) An applicant or participant may provide written consent for the examination or release of their records;
(b) An applicant or participant who is under the age of 18 and is not legally emancipated shall not authorize the release of any records pertaining to themselves without the written consent of their parent, legal guardian, or surrogate unless otherwise provided for herein;
(c) Custodial and non-custodial parents share equal access to applicant or participant records unless a court order is presented to the contrary.
(4) Records of applicants or participants, who are at least 18 years of age, shall not be released to anyone, including their parent, legal guardian or surrogate, without the written consent of the applicant or participant unless otherwise provided pursuant to applicable state or federal law.
(5) To the extent otherwise authorized by applicable state or federal law, release of applicant or participant records is authorized for purposes of:
(a) As required to meet emergency medical or other unusual circumstances, but only if the release of such information is necessary to protect the health and safety of the applicant or participant or other individuals;
(b) Among subrecipient staff, and subrecipients and their contractors when necessary, for the provision of effective and efficient services or as necessary with other one-stop programs for which the clients may be eligible and only with a properly executed release of information form;
(c) Pursuant to a court order or lawfully issued subpoena;
(d) To authorized federal, state, or local staff, or designee, to determine compliance with nondiscrimination and equal employment opportunity requirements under 29 CFR Section § 38;
(e) To public agencies when the applicant or participant has applied to the agency for assistance or service or is receiving such assistance or service only with a properly executed release of information form;
(f) To private auditing firms employed by the subrecipient to carry out monitoring of its programs for internal purposes only with a properly executed release of information form;
(g) To organizations who provide test scoring and/or data analysis provided that the organization has established written policies to preserve the confidentiality of the records, will not send reports containing applicant or participant personally identifiable information to anyone other than the organization requesting the service; and applicant or participant record information will not be disclosed when disclosure would constitute a clearly unwarranted invasion of personal privacy only with a properly executed release of information form;
(h) To organizations, including state and federal workforce development, educational agencies and community colleges and their local boards, conducting studies for or on behalf of employment and training agencies, educational agencies, the State Workforce and Talent Development Board for purposes which may include developing, validating, or administering predictive tests, program enhancement or in order to develop statistical and demographic data to facilitate the creation of strategies to improve the education, training and quality of Oregon's workforce provided that:
(A) The information shall be used only for the purposes for which it is made available; and
(B) Personally identifiable information contained in the applicant or participant records has been transformed or otherwise encoded by a staff member from the agency releasing the records to a form usable by the organization conducting the study or, if applicable, to those standards required by the shared information system, in order to safeguard the identity of the applicant or participant.
(6) The subrecipients shall establish policies for protecting the confidentiality of applicant or participant records and procedures for releasing or examining such records which will include all of the following:
(a) Hours during which record release or examination may occur;
(b) That a written request for such release or examination must be made;
(c) That the request specifically identify the applicant or participant record to be examined;
(d) That the requestor provide their name and address;
(e) The person to whom such requests should be directed (normally the custodian of records);
(f) That the fee schedule for record production not exceed the actual cost of production, including staff time, in locating, reviewing and copying the records; and
(g) A record of each release, for which an applicant or participant, parent, legal guardian or surrogate's written consent is required, shall be maintained. Such record shall include the name of the party seeking access, the date access was granted, and the purpose for which the party requested or was authorized to use the records. The records of disclosure should be kept with, but not released or examined as a part of, the applicant's or participant's records. If participant behavioral records are released, the record of disclosure shall include the name of the individual who explained the behavioral portion of the records.
History
- Statutory/Other Authority: ORS 350.150 & ORS 660.339
- Statutes/Other Implemented: ORS 660.339
- CCWD 2-2018, amend filed 04/20/2018, effective 04/20/2018
- DCCWD 5-2015, f. & cert. ef. 10-30-15
- Renumbered from 151-020-0075, DCCWD 4-2009, f. & cert. ef. 8-31-09
- EWP 3-2000, f. & cert. ef. 12-22-00
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