Chapter 352 — State and Independent Institutions of Higher Education

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2001 EDITION

OREGON UNIVERSITY SYSTEM

352.002 Oregon University System. The Oregon University System consists of the programs, activities and institutions of higher education under the jurisdiction of the State Board of Higher Education including the following:

(1) University of Oregon.

(2) Oregon State University.

(3) Portland State University.

(4) Oregon Institute of Technology.

(5) Western Oregon University.

(6) Southern Oregon University.

(7) Eastern Oregon University. [1987 c.246 §1; 1995 c.162 §74; 1995 c.612 §§10,11; 1997 c.11 §1; 2001 c.382 §1]

352.004 Presidents of universities and colleges. The president of each university and college is also president of the faculty. The president is also the executive and governing officer of the school, except as otherwise provided by statute. Subject to the supervision of the board, the president of the university has authority to control and give general directions to the practical affairs of the school. [Formerly 352.020]

352.006 Political or sectarian tests prohibited in appointment of faculty or employees. No political or sectarian test shall ever be allowed or applied in the appointment of faculty and other employees of the Oregon University System. [Formerly 352.030]

352.008 Alcohol and drug abuse policy and implementation plan. In consultation with the Department of Human Services, each state institution of higher education shall adopt a comprehensive alcohol and drug abuse policy and implementation plan. [1989 c.1076 §3]

352.010 Status of faculty. The president and professors constitute the faculty of each of the state institutions of higher education and as such have the immediate government and discipline of it and the students therein. The faculty may, subject to the supervision of the State Board of Higher Education under ORS 351.070, prescribe the course of study to be pursued in the institution and the textbooks to be used. [Amended by 1987 c.246 §4; 1989 c.492 §3]

352.015 Institutional physical access committee; members; duties. (1) Within 60 days after September 29, 1991, every institution under the jurisdiction of the State Board of Higher Education shall convene a physical access committee to identify barriers to access by disabled persons on each institution campus. The committee shall include, but not be limited to:

(a) One or more students who are disabled or if there are no disabled students willing to participate, a disabled person who uses the institution’s facilities;

(b) One or more members of the faculty or staff who are disabled;

(d) One or more administrators of the institution; and

(e) One or more members of the physical plant staff of the institution.

(2) The physical access committee shall present its findings and recommendations to the administration of the institution listing access needs and priorities for meeting those needs. These findings and recommendations shall identify the barriers to access that prevent disabled persons from meaningfully utilizing campus facilities related to instruction, academic support, assembly and residence life.

(3) In preparing budget requests for each biennium beginning on and after July 1, 1993, each institution under the jurisdiction of the State Board of Higher Education shall include amounts for capital improvement that will be applied to the substantial reduction and eventual elimination of barriers to access by disabled persons as identified by the physical access committee.

(4) Nothing in this section and ORS 185.155 and 341.937 requires an institution to undertake projects for accessibility that are not otherwise required unless such projects are funded specifically by the Legislative Assembly. [1991 c.935 §§1,2]

Note: 352.015 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 352 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

352.020 [Amended by 1987 c.246 §2; renumbered 352.004 in 1987]

352.030 [Amended by 1987 c.246 §3; renumbered 352.006 in 1987]

UNIVERSITY OF OREGON

(Generally)

352.035 Streets through university property; establishment and dedication. The State Board of Higher Education may open, establish, lay out and dedicate to the public use such streets through the lands situated within the corporate limits of the City of Eugene, owned by or belonging to the University of Oregon, upon such terms and conditions as may be agreed upon by the State Board of Higher Education and the common council of the City of Eugene. Such streets may be opened, established, laid out and dedicated in such manner, form and procedure as the State Board of Higher Education shall prescribe and agree upon with the common council of the City of Eugene. When such streets are so opened, laid out and established, they hereby are declared to be dedicated to the public use and are further declared to be public streets of the City of Eugene. [Formerly 352.080]

352.040 [Repealed by 1961 c.238 §1]

352.045 Oregon State Museum of Anthropology. (1) The anthropological collections at the University of Oregon are designated and established as the Oregon State Museum of Anthropology. The Oregon State Museum of Anthropology is designated as the official depository for any material of an archaeological or anthropological nature that may come into the possession of the State of Oregon through the operation of ORS 358.935, 390.235 or 390.237 or as a consequence of gifts from the federal government, the Smithsonian Institution or from other public or private agencies. The University of Oregon, through the director of the Oregon State Museum of Anthropology shall assume full responsibility for the custody and safekeeping of said collection. If responsibility for a collection is reassigned under ORS 390.235, the Oregon State Museum of Anthropology shall serve as the ultimate depository in the event the assigned curator is unable or fails to continue that responsibility.

(2) ORS 390.235 or 390.237 or this section shall not interfere with any collections now in the possession of any institution of higher learning in Oregon, nor prevent any private person making a gift of any collection owned by the person directly to any institution. [Formerly 352.090; 1987 c.246 §5]

352.046 Center for Brain, Biology and Machine. (1) Pursuant to ORS 351.870, there is created within the Department of Higher Education the Center for Brain, Biology and Machine. The center shall be administered by the University of Oregon.

(2) The purpose of the center is to promote interdisciplinary teaching and research in scientific areas, including but not limited to brain structure, development and functions, genetics and genomics, cognitive neuroscience, molecular biology, computational science, computing, magnetic resonance imaging and optics.

(3) The Department of Higher Education may receive moneys from any public or private source to support the Center for Brain, Biology and Machine created under subsections (1) and (2) of this section. Gifts or grants received to support the center shall be deposited in an appropriate fund at the University of Oregon by the Department of Higher Education. [1999 c.992 §§5,6]

Note: 352.046 (1) and (2) were added to and made a part of ORS chapter 352 by legislative action but were not added to any smaller series therein. 352.046 (3) was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 352 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

(Industrialized Housing Development Program)

352.048 Industrialized Housing Development Program created; administration. (1) There is created within the Department of Higher Education the Industrialized Housing Development Program. The program shall be administered in conjunction with the Center for Housing Innovation at the University of Oregon.

(2) The purpose of the program is to provide assistance to industrialized housing manufacturers to help them achieve demonstrated best practice by researching, evaluating and disseminating information on opportunities to improve design technology, including but not limited to:

(a) Methods to improve the affordability of housing;

(b) Better utilization of new products in industrialized housing;

(d) Specialized training for workers and management. [1991 c.853 §1]

Note: 352.048 to 352.053 were enacted into law by the Legislative Assembly but were not added to or made a part of any series in ORS chapter 352 by legislative action. See Preface to Oregon Revised Statutes for further explanation.

352.049 Program objectives; fees; employees. (1) In fulfilling the purpose described in ORS 352.048, the Industrialized Housing Development Program shall:

(a) Emphasize client-directed problem solving with the planning and design of appropriate design technologies;

(b) Provide or arrange for the provision of management assistance, specialized training for workers and other consulting services;

(c) Supplement the design skills and expertise of program staff by developing relations with experts who may work in a consulting role;

(d) Research new and developing design technology in the United States and overseas with the purpose of adapting proven technologies and management practices to Oregon conditions; and

(e) Disseminate research findings to all interested firms throughout the industrialized housing industry.

(2) The Industrialized Housing Development Program shall establish a schedule of fees for the services it provides. The program may establish a minimum level of service for which it does not charge fees.

(3) The Industrialized Housing Development Program may hire individuals on a contract basis, to provide either full-time or part-time staffing. However, employees of the program shall not be considered tenured employees of the Department of Higher Education. [1991 c.853 §§2,3,4]

Note: See note under 352.048.

352.050 [Repealed by 1973 c.729 §17]

352.051 Rulemaking authority. The State Board of Higher Education shall adopt rules necessary to carry out the provisions of ORS 352.048 to 352.053. [1991 c.853 §5]

Note: See note under 352.048.

352.052 Confidentiality of information. Any information obtained by the Industrialized Housing Development Program relating to an industrialized housing firm shall remain confidential to the extent that the information identifies an industrialized housing firm. The information shall remain confidential for a period of time to be prescribed by rule and then shall become public information. [1991 c.853 §6]

Note: See note under 352.048.

352.053 Coordination of wood product research, development or evaluation. Any research, development or evaluation of wood products by the Industrialized Housing Development Program shall be coordinated by the Center for Housing Innovation through the Oregon State University Forest Research Laboratory and Forest Products Extension Service. [1991 c.853 §7]

Note: See note under 352.048.

352.055 [1973 c.729 §16; 1975 c.693 §3; 1981 c.144 §1; 1987 c.246 §7; repealed by 1995 c.162 §94]

352.058 [1977 c.773 §§1, 2, 3; repealed by 1987 c.246 §8]

352.060 [Amended by 1969 c.597 §57; repealed by 1975 c.693 §21]

PORTLAND STATE UNIVERSITY

352.063 Receipt and disposition of funds received for programs. The Department of Higher Education may receive moneys from any public or private source to support the Mark O. Hatfield School of Government, the Center for Lakes and Reservoirs, the Graduate School of Social Work or the Institute of Portland Metropolitan Studies created under ORS 352.066, 352.068, 352.071 and 352.074. Gifts and grants received to support the Mark O. Hatfield School of Government, the Center for Lakes and Reservoirs, the Graduate School of Social Work or the Institute of Portland Metropolitan Studies shall be credited to the appropriate fund at Portland State University by the Department of Higher Education. [2001 c.140 §6]

352.065 [1959 c.97 §§1, 2; 1983 c.740 §116; repealed by 1987 c.246 §8]

352.066 Mark O. Hatfield School of Government. (1) Pursuant to ORS 351.870, there is created within the Department of Higher Education the Mark O. Hatfield School of Government. The Mark O. Hatfield School of Government shall be administered by Portland State University.

(2) The purpose of the Mark O. Hatfield School of Government is to prepare students for careers in political service, public administration and the administration of justice. [2001 c.140 §2]

352.068 Center for Lakes and Reservoirs. (1) Pursuant to ORS 351.870, there is created within the Department of Higher Education the Center for Lakes and Reservoirs. The Center for Lakes and Reservoirs shall be administered by Portland State University.

(2) The purpose of the Center for Lakes and Reservoirs is to assist state and federal agencies in researching and mitigating nonindigenous, invasive aquatic species in this state and to work with communities in developing effective management of lakes and reservoirs. [2001 c.140 §3]

352.070 [Repealed by 1961 c.238 §1]

352.071 Graduate School of Social Work. (1) Pursuant to ORS 351.870, there is created within the Department of Higher Education the Graduate School of Social Work. The Graduate School of Social Work shall be administered by Portland State University.

(2) The purpose of the Graduate School of Social Work is to provide a center for specialized education and research in the social services for the betterment of communities in the Portland metropolitan area, the state and the Pacific Northwest. [2001 c.140 §4]

352.073 [1985 c.770 §12; 1995 c.162 §76; renumbered 353.460 in 1995]

352.074 Institute of Portland Metropolitan Studies. (1) Pursuant to ORS 351.870, there is created within the Department of Higher Education the Institute of Portland Metropolitan Studies. The Institute of Portland Metropolitan Studies shall be administered by Portland State University.

(2) The purpose of the Institute of Portland Metropolitan Studies is to build partnerships between Portland State University’s urban studies programs and the surrounding communities of metropolitan Portland and to sponsor public service research. [2001 c.140 §5]

352.075 [1967 c.539 §§1,2; repealed by 1975 c.693 §21]

352.077 [1985 c.770 §14; 1987 c.879 §14; repealed by 1995 c.162 §94]

352.080 [Renumbered 352.035]

352.083 [1985 c.770 §18; 1995 c.162 §78; renumbered 353.470 in 1995]

352.090 [Renumbered 352.045]

352.095 [1989 c.893 §8; 1991 c.947 §11; renumbered 353.450 in 1995]

352.100 [Amended by 1957 c.595 §1; 1975 c.693 §4; 1983 c.740 §116a; repealed by 1987 c.246 §8]

352.110 [Amended by 1975 c.693 §5; repealed by 1987 c.246 §8]

352.120 [Amended by 1975 c.693 §6; repealed by 1987 c.246 §8]

352.130 [Repealed by 1987 c.246 §8]

352.140 [Amended by 1983 c.740 §117; repealed by 1987 c.246

§8]

352.150 [Amended by 1969 c.597 §58; repealed by 1987 c.246 §8]

352.160 [Repealed by 1961 c.238 §1]

352.165 [1973 c.644 §1; repealed by 1987 c.246 §8]

352.167 [1973 c.644 §2; repealed by 1987 c.246 §8]

352.170 [Repealed by 1957 c.595 §3]

352.173 [1973 c.644 §3; repealed by 1987 c.246 §8]

352.175 [1973 c.644 §4; repealed by 1987 c.246 §8]

352.180 [Repealed by 1957 c.595 §3]

352.185 [Amended by 1957 c.595 §2; repealed by 1961 c.238 §1]

352.190 [Amended by 1953 c.720 §3; repealed by 1955 c.12 §5]

352.195 [1955 c.12 §§1,3,4; 1969 c.6 §1; 1977 c.144 §1; repealed by 1987 c.246 §8]

352.200 [Amended by 1953 c.720 §3; repealed by 1955 c.12 §5]

352.201 [1959 c.566 §1; 1973 c.70 §2; repealed by 1987 c.246 §8]

352.205 [1959 c.566 §3; repealed by 1987 c.246 §8]

352.210 [Repealed by 1955 c.12 §5]

352.211 [1959 c.622 §1; repealed by 1977 c.64 §1]

352.215 [1959 c.674 §§1,2; repealed by 1977 c.64 §1]

352.220 [Repealed by 1955 c.12 §5]

OREGON INSTITUTE OF TECHNOLOGY

352.221 Oregon Renewable Energy Center. (1) Pursuant to ORS 351.870, there is created within the Department of Higher Education the Oregon Renewable Energy Center. The Oregon Renewable Energy Center shall be administered by the Oregon Institute of Technology.

(2) The purpose of the Oregon Renewable Energy Center is to engage in renewable energy system engineering and applied research.

(3) The Department of Higher Education may receive moneys from any public or private source to support the Oregon Renewable Energy Center. Gifts and grants received to support the Oregon Renewable Energy Center shall be credited to the appropriate fund at the Oregon Institute of Technology by the Department of Higher Education. [2001 c.818 §2]

OREGON STATE UNIVERSITY

352.230 Agricultural college of the state designated Oregon State University; Sea Grant College; program in Veterinary Medicine. (1) Oregon State University is designated and permanently adopted as the agricultural college of the state and shall provide, in accordance with the objectives sought by Congress in the establishment of state agricultural colleges, instruction in agriculture and the mechanic arts. The university is also a Sea Grant College dedicated to education and research in the marine sciences.

(2) The State Board of Higher Education is authorized to enter into agreements with its counterpart in the State of Idaho and with the Board of Regents of Washington State University for cooperative development of the program in Veterinary Medicine. [Amended by 1953 c.362 §1; 1961 c.54 §1; 1987 c.246 §6]

352.239 Institute for Natural Resources. (1) There is created within the Department of Higher Education the Institute for Natural Resources. The Institute for Natural Resources shall be administered by Oregon State University.

(2) The purpose of the Institute for Natural Resources is to:

(a) Serve as a clearinghouse for scientifically based natural resources information;

(b) Provide scientifically based natural resources information to the public in integrated and accessible formats;

(c) Coordinate efforts with other state agencies and bodies to provide natural resources information to the public in a comprehensive manner;

(d) Facilitate and conduct research; and

(e) Provide information and technical tools to assist decision-making on natural resources issues.

(3) Using existing resources, state agencies designated by the Governor shall enter into a memorandum of understanding, or other agreement deemed appropriate by the Governor, with the institute that defines and clarifies the roles and responsibilities of the agencies in order to prevent duplication of effort and to ensure that agency resources are used efficiently.

(4) State agencies may contract with the institute to fulfill agency needs regarding the collection, storage, integration, analysis, dissemination and monitoring of natural resources information and natural resources research and training. [2001 c.918 §12]

Note: 352.239 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 352 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

352.240 [Repealed by 1987 c.246 §8]

352.245 Oregon Climate Service established; duties. (1) There is established an Oregon Climate Service to be located at Oregon State University. The service shall acquire, maintain, disseminate and interpret climate data and information for the state.

(2) The service shall:

(a) Assess the needs for weather and climate information in Oregon and establish priorities among the needs.

(b) Perform a service to citizens of Oregon by managing climate data for the state, and by disseminating such data and information to users.

(d) Advise regional, state and local government on climate related issues.

(e) Assist students and faculty in the Oregon University System by furnishing data and information needed in education and research programs.

(f) Study and analyze the relationships between climatic phenomena and activities in areas such as agriculture, water resources, energy production and use, air quality, building design and construction, transportation and communication, and business and commerce.

(g) Identify emerging climatic issues and anticipate public demand for information.

(h) Inform state, federal and private groups and the public on the availability and sources of climate-related services, information and data. [1991 c.727 §1]

352.250 [Repealed by 1961 c.238 §1]

352.260 [Repealed by 1987 c.246 §8]

352.270 [Repealed by 1983 c.740 §118]

352.275 [1967 c.349 §1; repealed by 1987 c.246 §8]

352.280 [Repealed by 1959 c.564 §16]

352.285 [1975 c.528 §§1,2; repealed by 1987 c.246 §8]

352.290 [Amended by 1961 c.127 §1; 1975 c.76 §1; 1977 c.152 §1; 1981 c.72 §1; repealed by 1987 c.246 §8]

352.300 [Amended by 1953 c.721 §3; 1977 c.152 §2; repealed by 1987 c.246 §8]

352.310 [Repealed by 1959 c.570 §3]

352.320 [Repealed by 1953 c.721 §3]

352.330 [Repealed by 1961 c.238 §1]

352.340 [Repealed by 1987 c.246 §8]

352.350 [Repealed by 1961 c.238 §1]

STATE INSTITUTIONS GENERALLY

352.355 Establishment of certain state institutions as comprehensive universities. Western Oregon University, Southern Oregon University and Eastern Oregon University are established as comprehensive universities that offer a full range of baccalaureate programs and graduate programs through the master’s degree. [1997 c.11 §3]

352.360 Traffic control on properties under state board; enforcement; fees; use. (1) The State Board of Higher Education may enact such regulations as it shall deem convenient or necessary to provide for the policing, control and regulation of traffic and parking of vehicles on the property of any institution under the jurisdiction of the board. Such regulations may provide for the registration of vehicles, the designation of parking areas, and the assessment and collection of reasonable fees and charges for parking, and shall be filed in accordance with the provisions of ORS 183.310 to 183.550. The board may require that before a quarterly or yearly parking privilege for any vehicle is granted to any full-time or part-time student to use board property, the student must show that the vehicle is operated by a student holding a valid driver’s license, that the vehicle is currently registered and that the student driving the vehicle is insured under a motor vehicle liability insurance policy that meets the requirements described under ORS 806.080 or that the student or owner of the vehicle has provided the Department of Transportation with other satisfactory proof of compliance with the financial responsibility requirements of this state.

(2) The regulations enacted pursuant to subsection (1) of this section shall be enforced administratively under procedures adopted by the board for each institution under its jurisdiction. Administrative and disciplinary sanctions may be imposed upon students, faculty and staff for violation of the regulations, including but not limited to, a reasonable monetary penalty which may be deducted from student deposits, and faculty or staff salaries or other funds in the possession of the institution. The board shall provide opportunity for hearing for the determination of controversies in connection with imposition of fines or penalties. The board may prescribe procedures for such hearings despite the provisions of ORS 183.415, 183.450, 183.452, 183.460 and 183.470. Persons other than students, faculty or staff may voluntarily submit to the hearing procedures prescribed by the board, and shall be bound by the results thereof. The powers granted to the board by this section are supplemental to the existing powers of the board with respect to the government of activities of students, faculty and staff and the control and management of property under its jurisdiction.

(3) The regulations enacted pursuant to subsection (1) of this section may also be enforced by the impoundment of vehicles, and a reasonable fee may be enacted for the cost of impoundment and storage, if any, prior to the release of the vehicles to their owners.

(4) All fees and charges for parking privileges and violations are hereby continuously appropriated to the State Board of Higher Education to be used to defray the costs of constructing bicycle racks and bicycle lanes and of traffic control, enforcement of traffic and parking regulations, and maintenance and operation of parking facilities and for the purpose of acquiring and constructing additional parking facilities for vehicles at the various institutions, departments or activities under the control of the board, and may also be credited to the Higher Education Bond Sinking Fund provided for in ORS 351.460. Parking fees shall be established at levels no greater than those required to finance the construction, operation and maintenance of parking facilities on the same campus of the state institution of higher education on which the parking is provided. Notwithstanding ORS 351.072, parking fees or changes in fees shall be adopted by rule of the state board subject to the procedure for rules adopted in ORS 183.310 to 183.550.

(5) Every peace officer may enforce the regulations made by the board under subsection (1) of this section. The board, for the purpose of enforcing its rules and regulations governing traffic control, may appoint peace officers who shall have the same authority as other peace officers as defined in ORS 133.005.

(6) The State Board of Higher Education and any municipal corporation or any department, agency or political subdivision of this state may enter into agreements or contracts with each other for the purpose of providing a uniform system of enforcement of the rules and regulations of the board enacted pursuant to subsection (1) of this section.

(7) In proceedings brought to enforce regulations enacted pursuant to subsection (1) of this section, it shall be sufficient to charge the defendant by an unsworn written notice in accordance with the provisions of ORS 221.333. In any case in which the defendant is not subject to and does not voluntarily submit to the hearing procedures prescribed under subsection (2) of this section, proceedings to enforce regulations enacted pursuant to subsection (1) of this section shall be brought in the name of the board in a circuit court, a justice court or a city court for offenses committed within the territorial jurisdiction of such court. Such courts shall have concurrent jurisdiction over offenses committed within their respective jurisdictions. All fines, penalties and court costs recovered shall be paid to the clerk of the court involved and shall be disposed of as provided in ORS 153.630. [1959 c.569 §§1,2,3,4,5; 1969 c.622 §1; 1971 c.734 §22; 1973 c.836 §347; 1975 c.693 §7; 1977 c.825 §1; 1983 c.186 §1; 1989 c.990 §2; 1993 c.221 §3; 1995 c.79 §194; 1995 c.658 §103; 1999 c.448 §9]

352.370 Students unable because of religious beliefs to attend classes on certain days. (1) As used in this section, "school of higher education" means:

(a) Any school, institution or department under the jurisdiction of the State Board of Higher Education.

(b) Any community college as defined in ORS 341.005.

(2) No student shall be refused admission to a school of higher education or be expelled from such a school for the sole reason that, because of religious beliefs, the student is unable to attend classes on a particular day.

(3) Any student in a school of higher education who, because of religious beliefs, is unable to attend classes on a particular day shall be excused on that day from any examination, study requirement or work requirement. However, at the student’s own expense the student shall make up the examination, study requirement or work requirement missed because of the absence. [Formerly 351.765; 1965 c.100 §347; 1993 c.45 §294]

352.380 Affirmative action plan. Each institution under the jurisdiction of the State Board of Higher Education shall consider and maintain affirmative action plans and goals when reductions in faculty and staff are required as a result of:

(1) Reductions in revenue that necessitate discontinuance of its educational program at its anticipated level;

(2) Elimination of classes due to decreased student enrollment; or

(3) Reduction in courses due to administrative decisions. [1981 c.814 §1]

352.385 Special campus security officers; authority; training; expense. (1) The State Board of Higher Education may, at the request of any institution under its control, authorize that institution to commission one or more of its employees as special campus security officers. However, the total number of special campus security officers commissioned at the institutions in the Oregon University System shall not exceed 50. Special campus security officers shall have stop and frisk authority as set forth in ORS 131.605 to 131.625 and probable cause arrest authority and the accompanying immunities as set forth in ORS 133.310 and 133.315 when acting in the scope of their employment as defined by the State Board of Higher Education. Special campus security officers shall not be authorized to carry firearms as police officers and, except as provided in subsection (3) of this section, shall not be considered police officers for purposes of ORS 181.610, 238.005, 243.005 or 243.736.

(2) The Department of Public Safety Standards and Training shall train special campus security officers at the expense of the State Board of Higher Education.

(3) The State Board of Higher Education, acting by and through its special campus security officers, is a criminal justice agency for purposes of rules adopted pursuant to ORS 181.730 (3). [1987 c.745 §§1,2; 1995 c.364 §1; 1997 c.853 §37]

REGIONAL SERVICES INSTITUTES

352.390 Regional services institutes; general program; location. (1) The State Board of Higher Education shall cause to have prepared and submitted to the Legislative Assembly a program and time schedule for the establishment of regional services institutes at appropriate state institutions of higher education. The program shall include academic curriculum and practical training appropriate to train students in various aspects of economic and community services planning, with particular emphasis on economic services planning for areas of the state that have common geographic, economic and social characteristics but which do not have sufficient population to qualify as standard metropolitan statistical areas.

(2) In carrying out its duties under subsection (1) of this section, the board shall consult with the Economic and Community Development Department and shall rely on the department for technical advice and, as necessary, technical services. The board shall also consult with community colleges, Oregon State University Extension Service, economic development districts and special districts providing community and economic development services in the region in order to prepare curriculum and programs with particular emphasis to streamlining existing programs, avoiding duplication and overlap of programs, better utilization of students and resources, and identification of needs in the region which are currently unaddressed.

(3) In preparing programs for establishing regional services institutes, the board shall give priority to establishing such institutes at Eastern Oregon University and Southern Oregon University. The board may also direct the hiring of an institute director and other staff as may be from time to time required. [1973 c.692 §1; 1979 c.620 §1; 1997 c.11 §9]

352.400 Program purpose and function. Programs prepared under ORS 352.390 shall include proposals for training students and utilizing resources in the following, using the region in which the institute is located as the training area:

(1) Developing specific resources on the campus where the institute is to be located to assist with orderly and balanced economic and community services and for the development and implementation of training and assistance programs;

(2) Providing technical and research assistance on request to political subdivisions, special districts, businesses located in the region and businesses which might prospectively locate in the region;

(3) Locating markets for local manufacturers and processors and aiding local merchants in locating and contacting markets;

(4) Investigating and studying conditions affecting local business, industry and commerce and collecting and disseminating information, and engaging in technical studies, scientific investigations, and statistical research and educational activities necessary or useful for the promoting and developing local business and industry upon request of local business and industry for such aid;

(5) Assembling and coordinating information relative to the status, scope, cost and employment possibilities and the availability of materials, equipment and labor in connection with public works projects, state, county and municipal; recommending limitations on public works; gathering current progress information with respect to public works being conducted in the local area and report such information to the Oregon Economic and Community Development Commission where such sources in the region do not presently exist;

(6) Gathering, compiling and making available statistical information relating to business, trade, commerce, industry, transportation, communication, natural resources and other related subjects in the region, with reliance on other agencies of the state and the region, whether public or private, for statistical data and results obtained by them;

(7) Publishing, disseminating and distributing information and statistics acquired by the institute;

(8) Aiding the communities in the region in getting businesses to locate therein by disseminating information as to natural resources, desirable locations and other advantages of the community upon request of the community for such aid;

(9) Cooperating with municipal, county, regional and other planning agencies and planning groups within the state for the purpose of promoting coordination between the state and localities as to plans and development in order to maintain a high level of gainful employment in private profitable production and achieve commensurate advancement in social and cultural welfare; and

(10) Aiding in coordinating the activities of statewide and local planning agencies, correlating information secured from them, assisting in problem solving and resolving state department concerns on a regional level if appropriate, securing and disseminating information and suggestions to such planning agencies; and encouraging and assisting in the organization and functioning of local planning agencies where none exist. [1973 c.692 §2; 1979 c.620 §2; 1995 c.79 §195]

352.410 [1979 c.782 §1; repealed by 1987 c.246 §8]

352.420 [1979 c.782 §2; repealed by 1987 c.246 §8]

352.430 [1979 c.782 §3; repealed by 1987 c.246 §8]

352.440 [1979 c.782 §4; repealed by 1987 c.246 §8]

STATE INSTITUTION FINANCES

352.510 University Fund from sale of university lands; use of interest; additions to principal; pledges of credit limited. The interest which may hereafter accrue on the fund arising from the sale of the university lands donated to the state by Act of Congress of February 14, 1859, is set apart, separate and distinct from the General Fund, and perpetually appropriated to the maintenance, use and support of the University of Oregon. Until otherwise provided by law, no part of said interest shall be appropriated or expended otherwise than in the payment of the salaries of its president, professors and teachers, and other current expenses. If at the close of any fiscal year a sum equal to $500 of said interest remains unexpended or unappropriated after the full payment of such salaries and expenses for said year, the same shall be added to and become a part of the principal of said fund forever. The State Board of Higher Education, the faculty or other officers of the state university shall in no case pledge the faith or credit of the university of the state in excess of the interest annually accruing on the University Fund, together with the receipts from tuitions and other sources during the current year. [Amended by 1989 c.966 §38]

352.520 Loans of University Fund. All moneys belonging to the University Fund shall be loaned by the Division of State Lands in accordance with the provisions of ORS 327.425 to 327.455 governing loans from the Common School Fund.

352.530 Disbursement of proceeds of loans from the University Fund. The Division of State Lands shall pay the interest received on loans from the University Fund to the State Board of Higher Education semiannually.

352.540 [Repealed by 1987 c.102 §4]

352.550 [Repealed by 1961 c.238 §1]

352.560 Oregon State University Fund. For the endowment, maintenance and support of Oregon State University, there is set apart, separate and distinct from the General Fund, and appropriated the interest on the Oregon State University Fund, arising from the sale of all lands granted to the State of Oregon, or to which the state was entitled, under the Act of July 2, 1862 (12 Stat. 503), as amended, or so much thereof as may be necessary. In no case shall the interest arising from the fund be applied to the purchase of sites, or for buildings for Oregon State University, but only in the payment of the salaries of professors, officers and other current expenses. The remainder of such interest remaining over at the close of each fiscal year after the payment of such expenses shall be added to and become a part of the principal or endowment fund forever. [Amended by 1969 c.594 §49; 1989 c.966 §39]

352.570 Loans of Oregon State University Fund. All moneys belonging to the Oregon State University Fund shall be loaned by the Division of State Lands in accordance with ORS 327.425 to 327.455, governing loans from the Common School Fund. [Amended by 1969 c.594 §50]

352.580 Disbursement of proceeds of loans from Oregon State University Fund. The Division of State Lands shall pay the interest received on loans from the Oregon State University Fund to the State Board of Higher Education semiannually. [Amended by 1969 c.594 §51]

352.590 [Repealed by 1961 c.238 §1]

352.600 J. T. Apperson Agricultural College Educational Fund. Oregon State University shall execute the trust created by the last will and testament of John T. Apperson, deceased. The university shall administer the fund provided for and designated in the will as the J. T. Apperson Agricultural College Educational Fund. [Amended by 1969 c.594 §52; 1995 c.118 §1]

352.610 General powers and duties of trustee. Oregon State University may accept, receive, own, hold, sell and dispose of any and all real and personal property given, devised or bequeathed to the State Land Board by John T. Apperson in trust for the purpose of creating the J. T. Apperson Agricultural College Educational Fund. The university shall manage and use it in accordance with the directions contained in the will of John T. Apperson, deceased, for the purpose of defraying the expenses and assisting in the education at Oregon State University of deserving young men and women who are actual bona fide residents of Oregon and are unable to bear the expense of a collegiate course at that institution. [Amended by 1969 c.594 §53; 1995 c.118 §2]

352.620 Execution of instruments. Oregon State University may execute all deeds, conveyances, contracts, mortgage releases and all other instruments necessary to be executed in carrying out the terms of the trust referred to in ORS 352.600. All such deeds and other instruments may be executed in manner and form as prescribed by the university and shall be entitled to record without acknowledgment. [Amended by 1969 c.594 §54; 1995 c.118 §3]

352.630 Payment of expenses; rulemaking. All necessary expenses incurred by Oregon State University in connection with the administration of the trust referred to in ORS 352.600 shall be payable out of the fund referred to in that section. The State Board of Higher Education or the university if authority is delegated under ORS 351.070 may make such rules as it considers necessary for the transaction of business and carrying out ORS 352.600 to 352.630. [Amended by 1969 c.594 §55; 1995 c.118 §4]

352.640 [Amended by 1969 c.594 §56; 1975 c.605 §19; repealed by 1987 c.246 §8]

352.650 Deposit of Apperson and Burbank funds. Whenever there remains in the hands of the trustee of the J. T. Apperson Agricultural College Educational Fund or of the Burbank Trust Fund any portion of either of such funds not then required for investment or loan purposes, the trustee may require the State Treasurer to deposit such fund or portions thereof, until the same is required by it, in qualified state depositories in the same manner as state funds belonging to the State of Oregon are deposited therein, but separate and distinct from the General Fund. Any interest received from the deposit of any such trust funds shall be credited to the particular fund on which such interest was earned. [Amended by 1989 c.966 §40]

352.660 [Repealed by 1961 c.238 §1]

POLICY ON INDEPENDENT INSTITUTIONS OF HIGHER EDUCATION

352.665 Legislative findings. The Legislative Assembly finds that:

(1) The current and future need for higher education services in Oregon is too great and too diverse to be met by government-sponsored institutions alone.

(2) From the early 1840s the citizens of Oregon, through private initiative, have created and sustained a variety of independent not-for-profit institutions of higher education, irrevocably organized as public benefit corporations in service to the people of Oregon. For the purposes of ORS 352.665 to 352.675, "independent institutions" or "independent higher education" refers to such institutions.

(3) These independent institutions:

(a) Conduct teaching, research and public service of high quality, contributing substantially to the preparation of a professional workforce, to the intellectual and cultural quality of life in Oregon and to the individual character of social responsibility so highly prized in this state and nation;

(b) Provide a major share of all post-secondary education in Oregon, at the lowest cost to the taxpayer;

(c) Add meaningful and valued diversity to the array of post-secondary educational opportunities available to Oregonians;

(d) Are accessible to qualified students of all ethnic backgrounds and from all socioeconomic levels;

(e) Annually attract thousands of talented people to Oregon from other regions of the country and the world;

(f) Provide unique local opportunities in higher education that many Oregonians would otherwise leave the state to find;

(g) Attract and sustain voluntary donations of private time, treasure and talent from thousands of citizens in public service toward fulfilling the educational needs of the larger community; and

(h) Constitute a sizable economic enterprise.

(4) The educational capital and services of these independent institutions are essential to meeting the current and future higher educational needs of Oregon’s citizens. [1993 c.325 §1]

Note: 352.665 to 352.675 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 352 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

352.667 Public purpose to encourage and increase opportunities in independent higher education. Based on the legislative findings described in ORS 352.665, the Legislative Assembly declares that it is an important public interest to encourage and increase opportunities in independent higher education for the people of Oregon. [1993 c.325 §2]

Note: See note under 352.665.

352.669 Policies and practices of state agencies. The Legislative Assembly declares that all state agencies, in particular state institutions of higher education, should pursue policies and engage in practices that enhance the vitality of independent higher education in Oregon and should cooperate with the state’s independent institutions. [1993 c.325 §3]

Note: See note under 352.665.

352.670 [Repealed by 1961 c.238 §1]

352.672 State financial aid for students. The Legislative Assembly declares that it is an important public interest, and an appropriate objective of the state, that Oregonians who need financial assistance to attend an independent institution in Oregon should have access to state financial aid. [1993 c.325 §4]

Note: See note under 352.665.

352.675 State policies to enhance and encourage independent higher education. The Legislative Assembly declares its ongoing interest in state policies that:

(1) Enhance the ability of independent institutions to sustain and expand their services in Oregon;

(2) Complement, assist and strengthen existing or planned programs and activities of independent institutions in Oregon while maintaining high academic and administrative standards;

(3) Encourage broad public participation in independent higher education;

(4) Promote coordination among independent and community colleges and state universities;

(5) Stimulate and encourage private initiative and financial support in connection with the programs and activities of independent higher education;

(6) Encourage recognition of the contributions made by independent higher education to the well-being of the state and to the development of the individual; and

(7) Develop, maintain and provide the public with sufficient information concerning independent educational opportunities within the state. [1993 c.325 §5; 1997 c.11 §10]

Note: See note under 352.665.

352.680 [Repealed by 1961 c.238 §1]

AID TO INDEPENDENT INSTITUTIONS

352.710 Policy. It is hereby determined and declared as a matter of legislative finding that:

(1) Independent institutions of higher education in the state educate a substantial share of all post-secondary students in Oregon and such nonpublic institutions make an important contribution to post-secondary education in Oregon.

(2) The state’s duty to support the achieving of public welfare purposes in education may be, in part, fulfilled by the state’s support of those nonsectarian educational objectives achieved through nonpublic post-secondary institutions.

(3) Many of Oregon’s private and independent institutions of higher learning face serious financial difficulties and, should any of these institutions be forced to close, many of their students would seek admission in public institutions creating an added financial burden to the state and an impairment of post-secondary education in Oregon. Such hazards may be substantially reduced and all education in the state improved through the purchase of nonsectarian educational services from Oregon’s private and independent institutions. [1971 c.693 §1]

352.720 Definitions for ORS 352.710 to 352.760. As used in ORS 352.710 to 352.760, unless the context requires otherwise:

(1) "Commission" means the Oregon Student Assistance Commission.

(2) "Private and independent institutions of higher education" or "institution" means any nonpublic and nonprofit college or university in the State of Oregon accredited by the Northwest Association of Schools and Colleges and any chiropractic college located in this state and accredited by the Commission on Accreditation of the Council on Chiropractic Education, or its successor.

(3) "Nonsectarian educational services" means the providing of instruction in secular subjects.

(4) "Secular subjects" means any course which is presented in the curriculum of a private and independent institution of higher education which is not hobby or recreational in nature or which does not advocate the religious teachings or the morals or forms of worship of any sect. [1971 c.693 §2; 1973 c.721 §6; 1977 c.735 §1; 1977 c.768 §2; 1978 c.1 §4; 1989 c.845 §3; 1999 c.704 §20]

352.730 Contracts with independent institutions for nonsectarian and nonreligious educational services. (1) The Oregon Student Assistance Commission may enter into contracts with private and independent institutions of higher education for the performance of nonsectarian educational services to assist the state in providing educational opportunities for Oregon students.

(2) The commission may accept grants, gifts, bequests, and devises of real and personal property to carry out the purposes of ORS 352.710 to 352.760.

(3) No funds disbursed pursuant to ORS 352.710 to 352.760 shall be used by any recipient for any religious purpose. [1971 c.693 §3; 1981 c.213 §1]

352.740 Computation of payments under contracts. Payments to private and independent institutions of higher education under contracts entered into under ORS 352.730 shall be determined by the Oregon Student Assistance Commission on a uniform rate for every 45 quarter hours, or equivalent, of approved and registered course work in nonsectarian subjects completed by undergraduate students enrolled in the institutions who are residents of Oregon, and shall not exceed the actual cost to the institution of providing such educational services. This uniform rate shall apply to the estimated 45-hour units for each institution upon which the legislative appropriation is based for that year, or the actual 45-hour units for each institution, whichever is the lesser. Any remaining funds shall be distributed among those institutions whose actual 45-hour units exceed the estimate. The distribution to each institution shall be according to the uniform rate established for the 45-hour units or an amount equal to the ratio that the excess units bear to 45. However, if insufficient funds are available for such a distribution, then the distribution shall be according to the ratio that the total number of 45-hour units in excess of the estimate bears to the total amount of funds remaining undistributed, multiplied by the number of excess 45-hour units, if any, at each institution. [1971 c.693 §4; 1973 c.815 §5; 1977 c.768 §1]

352.750 Rules. In accordance with any applicable provisions of ORS 183.310 to 183.550, the Oregon Student Assistance Commission may make such reasonable rules and regulations as are necessary or proper to carry out ORS 352.710 to 352.760. [1971 c.693 §5]

352.760 Severability. If a part of ORS 352.710 to 352.760 is invalid, all valid parts that are severable from the invalid part remain in effect. If a part of ORS 352.710 to 352.760 is invalid in one or more of its applications, the part remains in effect in all valid applications that are severable from the invalid applications. [1971 c.693 §7]

FINANCE OF EDUCATIONAL FACILITIES BY MUNICIPALITY

352.790 Definitions for ORS 352.790 to 352.820. As used in ORS 352.790 to 352.820, unless the context requires otherwise:

(1) "Education facilities" means real or personal property owned or operated by an educational institution and used to provide post-secondary education. "Education facilities" includes administrative offices, student and staff parking and on-campus dormitories, but does not include property used for sectarian instruction nor used primarily as a place of religious worship or as a part of a program of a school or department of divinity for any religious denomination or for the religious training of ministers, priests, rabbis or other similar persons in the field of religion.

(2) "Education facilities costs" means all costs of acquiring, constructing and improving education facilities, and capitalized interest, reserves, costs of credit enhancements and costs of issuing and paying revenue bonds.

(3) "Education facility revenues" means repayments of loans authorized by ORS 352.800 (3), and any moneys derived from rights or property which are security for such a loan.

(4) "Educational institution" means any nonprofit institution located in this state which grants post-secondary degrees and is accredited by the Northwest Association of Schools and Colleges or affiliated nonprofit foundations whose role is to further the mission of qualified institutions.

(5) "Municipality" means any city or county.

(6) "Revenue bond" means bonds, notes, loan contracts or other obligations issued by a municipality pursuant to ORS 352.790 to 352.820. [1987 c.812 §1]

352.795 Finance of education facilities by municipalities. In order to provide the people of this state with access to quality post-secondary education at a reasonable cost, and to provide an educated workforce which promotes economic development within this state, the Legislative Assembly authorizes municipalities to finance education facilities in accordance with ORS 352.790 to 352.820. [1987 c.812 §2]

352.800 Powers of a municipality. Except as otherwise provided in ORS 352.810, a municipality shall have all powers necessary to finance education facilities in accordance with ORS 352.790 to 352.820, including the power:

(1) To borrow money and to issue revenue bonds to finance education facilities costs or to refund revenue bonds, as provided in ORS 288.815 to 288.945.

(2) To pledge education facility revenues to pay revenue bonds.

(3) To loan money to educational institutions to finance education facilities and to enter into loan contracts.

(4) To enter into covenants with the owners of revenue bonds which are intended to protect the rights of such owners.

(5) To contract with trustees to hold and administer education facility revenues and the proceeds of revenue bonds.

(6) To take any other action necessary to carry out the powers granted by ORS 352.790 to 352.820. [1987 c.812 §3]

352.805 Revenue bonds; issuance; trust funds; pledge; terms; legal effect. (1) Revenue bonds shall be payable solely from that portion of education facility revenues which the municipality pledges therefor in the resolution authorizing issuance of revenue bonds.

(2) A municipality may authorize the issuance of revenue bonds by resolution or ordinance under the procedure described in ORS 288.815.

(3) The resolution may provide for the establishment of one or more special funds and may place such funds under the control of one or more trustees. The resolution may obligate the municipality to deposit and expend the proceeds of the revenue bonds only into and from such fund or funds, and to set aside and pay into such fund or funds specified education facility revenues.

(4) Any pledge of education facility revenues made by a municipality shall be valid and binding, without physical delivery or additional action, from the time that the pledge is made against any parties having subsequent claims of any kind in tort, contract or otherwise against a municipality or an educational institution, irrespective of whether such parties have actual notice thereof. The pledge shall be noted in the resolution authorizing issuance of revenue bonds, which shall be constructive notice thereof to all parties and the resolution need not be recorded, nor shall the filing of any financing statement under the Uniform Commercial Code be required to perfect such pledge.

(5) The municipality may establish the terms under which its revenue bonds shall be issued and sold.

(6) All revenue bonds issued pursuant to ORS 352.790 to 352.820 shall be legal securities which may be used by any insured institution or trust company, as those terms are defined in ORS 706.008, for deposit with the State Treasurer or a county treasurer or city treasurer as security for deposits in lieu of a surety bond under any law relating to deposits of public moneys. The revenue bond shall constitute legal investments for public bodies, trustees and other fiduciaries, banks, savings and loan associations and insurance companies. All revenue bonds shall constitute negotiable instruments within the meaning of and for all purposes of the law of this state. [1987 c.812 §4; 1997 c.631 §465]

352.810 Revenue bonds secured by educational facility revenues. Revenue bonds shall not be a general bond of any municipality nor a charge upon the tax revenues of any municipality, and shall be secured solely by the education facility revenues pledged to their payment. [1987 c.812 §5]

352.815 Municipalities acting jointly. All powers and duties provided in ORS 352.790 to 352.820 may be exercised or discharged by two or more municipalities acting jointly. A municipality may issue revenue bonds to finance education facilities located within the boundaries of another municipality. [1987 c.812 §6]

352.820 Investment of revenues. Notwithstanding ORS chapter 294, education facility revenues and the proceeds of revenue bonds may be invested in any classes of security which are described in the resolution authorizing issuance of the revenue bonds or are otherwise approved by the municipality. [1987 c.812 §7]

352.990 [Subsection (2) enacted as 1959 c.569 §6; 1969 c.622 §2; 1983 c.186 §2; 1983 c.338 §917; 1985 c.16 §475; repealed by 1987 c.158 §63 and 1987 c.246 §8]