ORS 341.290
General powers

  • rules

The board of education of a community college district shall be responsible for the general supervision and control of any and all community colleges operated by the district. Consistent with any applicable rules of the Higher Education Coordinating Commission, the board of education of a community college district may:

(1)

Subject to ORS chapters 238 and 238A, employ administrative officers, professional personnel and other employees, define their duties, terms and conditions of employment and prescribe compensation therefor, pursuant to ORS 243.650 (Definitions for ORS 243.650 to 243.809) to 243.809 (Determinations regarding alleged misconduct of law enforcement officer in accordance with uniform standards).

(2)

Enact rules for the government of the community college, including professional personnel and other employees and students of the community college.

(3)

Prescribe the educational program.

(4)

Control use of and access to the grounds, buildings, books, equipment and other property of the district.

(5)

Acquire, receive, hold, control, convey, sell, manage, operate, lease, lease-purchase, lend, invest, improve and develop any and all property of whatever nature given to or appropriated for the use, support or benefit of any activity under the control of the board, according to the terms and conditions of the gift or appropriation.

(6)

Purchase real property upon a contractual basis when the period of time allowed for payment under the contract does not exceed 30 years.

(7)

Fix standards of admission to the community college, prescribe and collect tuition for admission to the community college, including fixing different tuition rates for students who reside in the district, students who do not reside in the district but are residents of the state and students who do not reside in the state.

(8)

Prescribe and collect fees and expend funds so raised for special programs and services for the students and for programs for the cultural and physical development of the students.

(9)

Provide and disseminate to the public information relating to the program, operation and finances of the community college.

(10)

Establish or contract for advisory and consultant services.

(11)

Take, hold and dispose of mortgages on real and personal property acquired by way of gift or arising out of transactions entered into in accordance with the powers, duties and authority of the board and institute, maintain and participate in suits and actions and other judicial proceedings in the name of the district for the foreclosure of the mortgages.

(12)

Maintain programs, services and facilities, and, in connection therewith, cooperate and enter into agreements with any person or public or private agency.

(13)

Provide student services including health, guidance, counseling and placement services, and contract therefor.

(14)

Join appropriate associations and pay any required dues therefor from resources of the district.

(15)

Apply for federal funds and accept and enter into any contracts or agreements for the receipt of the funds from the federal government or its agencies for educational purposes.

(16)

Exercise any other power, duty or responsibility necessary to carry out the functions under this section or required by law.

(17)

Prescribe rules for the use and access to public records of the district that are consistent with ORS 192.314 (Right to inspect public records), and education records of students under applicable state and federal law and rules of the commission. Whenever a student has attained 18 years of age or is attending an institution of post-secondary education, the permission or consent required of and the rights accorded to a parent of the student regarding education records shall thereafter be required of and accorded to only the student. However, faculty records relating to matters such as conduct, personal and academic evaluations, disciplinary actions, if any, and other personal matters shall not be made available to public inspection for any purpose except with the consent of the person who is the subject of the record or upon order of a court of competent jurisdiction.

(18)

Enter into contracts for the receipt of cash or property, or both, and establish charitable gift annuities pursuant to ORS 731.038 (Application of Insurance Code to charitable organizations that issue charitable gift annuities); and, commit, appropriate, authorize and budget for the payment of or other disposition of general funds to pay, in whole or in part, sums due under an agreement for a charitable gift annuity, and to provide the necessary funding for reserves or other trust funds pursuant to ORS 731.038 (Application of Insurance Code to charitable organizations that issue charitable gift annuities).

(19)

Encourage gifts to the district by faithfully devoting the proceeds of the gifts to the district purposes for which intended.

(20)

Build, furnish, equip, repair, lease, purchase and raze facilities; and locate, buy and acquire lands for all district purposes. Financing may be by any prudent method including but not limited to loans, contract purchase or lease. Leases authorized by this section include lease-purchase agreements under which the district may acquire ownership of the leased property at a nominal price. The financing agreements may be for a term of up to 30 years except for lease arrangements which may be for a term of up to 50 years.

(21)

Participate in an educational consortium with public and private institutions that offer upper division and graduate instruction. Community colleges engaged in consortiums may expend money, provide facilities and assign staff to assist those institutions offering upper division and graduate instruction.

(22)

Enter into contracts of insurance or medical and hospital service contracts or may operate a self-insurance program as provided in ORS 341.312 (Self-insurance program). [1971 c.513 §4; 1973 c.536 §34; 1981 c.137 §1; 1983 c.182 §1; 1985 c.455 §1; 1989 c.191 §1; 1989 c.341 §1; 1993 c.806 §6; 1995 c.79 §185; 1999 c.502 §1; 2003 c.733 §74; 2005 c.31 §5; 2013 c.747 §58]

Source: Section 341.290 — General powers; rules, https://www.­oregonlegislature.­gov/bills_laws/ors/ors341.­html.

Notes of Decisions

Where rights and responsibilities of management employe at community college were controlled by terms of his contract and college’s Administrative Policy Handbook, his remedy for termination was limited to writ of review, since district board’s termination decision was “decision or determination” under ORS 34.020 in exercise of its authority under this section. Cole v. Chemeketa Comm. College, 58 Or App 77, 647 P2d 935 (1982), Sup Ct review denied

Attorney General Opinions

Public inspection of written personnel evaluation of community college president, (1979) Vol 39, p 480

Law Review Citations

98 OLR 261 (2020)

341.005
Definitions for chapter
341.009
Policy
341.011
Criminal justice courses eligible for social science cluster
341.013
Applied baccalaureate degrees
341.015
Guidelines for districts
341.019
Provision of services by district
341.021
Provision of service outside districts
341.022
Maximum reimbursable enrollments in nondistrict areas
341.024
Rules
341.025
Petition for formation of district
341.039
Formation of community college service district
341.041
Conversion of certain community college service districts to community college districts
341.045
Feasibility study
341.055
Hearing
341.065
Dismissal of petition
341.076
Commission recommendation to legislature
341.085
Election for formation of district
341.095
Questions included in election
341.102
Payment of formation election expenses
341.105
List of electors
341.115
Effect of election results
341.125
First board
341.175
Adjustment of zone boundaries
341.185
Review of zone boundaries
341.275
Community college district board
341.283
Organization
341.287
Status
341.290
General powers
341.300
Traffic control
341.305
Tax levy
341.308
Authority to certify operating taxes
341.309
Establishment of interstate taxing authority
341.311
Eminent domain
341.312
Self-insurance program
341.315
Contract for educational services
341.317
Educational services to adults in custody at correctional institutions
341.319
Intellectual property
341.321
Reserve fund
341.326
Qualification
341.327
Method of electing board
341.331
Change in method of nominating and electing board
341.335
Vacancy
341.339
Position numbers required for at-large positions
341.341
Assigning position numbers
341.356
Election laws applicable
341.357
Publication of notices
341.369
Special elections
341.371
Board resolution required to submit question to electors
341.379
Eligibility of electors following certain events
341.405
Establishment of community college
341.415
Official name of college
341.420
Procedure for name changes for district or college
341.440
Contracts for educational services
341.446
Distribution of community college information to public school students
341.450
Accelerated college credit programs
341.455
Credit for career school courses
341.460
Credit for traffic safety education course not permitted
341.463
Courses in American Sign Language
341.465
Certificates and associate degrees
341.470
Mandatory student-initiated fees
341.475
Student loan fund
341.478
Scholarships
341.481
Admission of students
341.484
Contracts for reimbursement between college districts
341.487
Admission of nonresident students at resident tuition rate under certain conditions
341.492
Residency for purpose of distribution of state aid
341.496
Admission of members of Armed Forces and specified federal agencies and of spouses and dependent children of members
341.499
Rights of student ordered to active duty
341.502
Credit for room, board, tuition and fees for student ordered to active duty
341.506
Credit for education and training received in Armed Forces
341.509
Tuition waiver for child, spouse or unremarried surviving spouse of service member
341.518
Tuition waiver for students 65 years of age or older
341.522
Oregon Promise program
341.526
Grant program for first-generation college-bound students
341.535
Qualifications of faculty
341.541
Affirmative action plans, goals when faculty, staff reductions required
341.547
Notice of reasonable assurance of continued employment
341.551
Optional retirement plan for administrative employees
341.556
Sources of compensation for faculty members
341.565
Boundary board
341.569
When election on change required
341.573
Division of assets and liabilities
341.575
Liability of annexed, merged or detached territory
341.577
Procedure when district annexes new territory that is greater in population than original district
341.579
Vote on proposed boundary change subject to ORS 341.577
341.601
Definitions
341.604
Expansion of district
341.608
Service area financing
341.611
Election on bonded indebtedness
341.613
Bonded indebtedness restrictions
341.616
Levy of direct ad valorem tax to pay bonds
341.618
Application of ORS 341.675 to 341.715 to bonds
341.619
New territory in Blue Mountain and Columbia Gorge Community College Districts not liable for existing debt
341.620
Community College Support Fund
341.626
Distribution of state aid
341.635
Effect on state aid of scholarships and of certain admissions
341.655
Distribution of federal funds for career and technical education
341.660
Treatment of public library costs in computing state aid
341.665
Receipt of funds for apprenticeship programs
341.670
System for reporting finances
341.675
Authority to incur bonded indebtedness
341.678
Election on bonded indebtedness
341.681
Issuance of bonds
341.685
Registration of bonds
341.690
Tax levy to meet annual bonded indebtedness
341.693
Payment of bond principal and interest
341.695
Bond redemption procedure
341.697
Refunding bonds
341.702
Laws governing issuance of bonds
341.703
Custodian of funds
341.705
Warrant procedure
341.709
Annual audit required
341.715
Short-term bonds
341.721
Issuance by State Treasurer
341.725
Community College Capital Construction Fund
341.728
Community College Bond Building Fund
341.933
Distribution of state funds for capital construction
341.937
Capital improvements for access for persons with disabilities
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