ORS 350.075
Powers, duties and functions
- rules
(1)
As used in this section, “student access programs” means scholarship, loan, grant and access programs described in ORS chapter 348.(2)
The Higher Education Coordinating Commission shall be guided by the legislative findings in ORS 341.009 (Policy), 350.001 (Legislative findings) and 350.005 (Additional findings) and the goals and mission of post-secondary education set forth in ORS 350.009 (Fundamental goals of public higher education) and 350.014 (Mission of education beyond high school).(3)
The Higher Education Coordinating Commission shall:(a)
Develop state goals for the state post-secondary education system, including community colleges and public universities listed in ORS 352.002 (Public universities), and for student access programs.(b)
Determine strategic investments in the state’s community colleges, public universities and student access programs necessary to achieve state post-secondary education goals.(c)
Coordinate the post-secondary elements of data collection and structure, with the advice and recommendation of the state’s independent institutions, community colleges and public universities, as appropriate, in order to construct a state longitudinal data system.(d)
Adopt a strategic plan for achieving state post-secondary education goals, taking into consideration the contributions of this state’s independent institutions, philanthropic organizations and other organizations dedicated to helping Oregonians reach state goals. State post-secondary education goals as described in this section should include, but need not be limited to:(A)
Increasing the educational attainment of the population;(B)
Increasing this state’s global economic competitiveness and the quality of life of its residents;(C)
Ensuring affordable access for qualified Oregon students at each college or public university;(D)
Removing barriers to on-time completion; and(E)
Tracking progress toward meeting the state’s post-secondary education goals established in the strategic plan described in this paragraph.(e)
Intentionally left blank —Ed.(A)
Each biennium, after receiving funding requests from the state’s community colleges and public universities as authorized by law, recommend to the Governor a consolidated higher education agency request budget aligned with the strategic plan described in paragraph (d) of this subsection, including appropriations for:(i)
Student access programs;(ii)
Public universities listed in ORS 352.002 (Public universities), including but not limited to education and general operations, statewide public services and state-funded debt service;(iii)
Community colleges, including but not limited to education and general operations and state-funded debt service;(iv)
New facilities or programs;(v)
Capital improvements and deferred maintenance;(vi)
Special initiatives and investments; and(vii)
Any other program, duty or function a public university listed in ORS 352.002 (Public universities) is authorized to undertake.(B)
In the development of the consolidated higher education agency request budget:(i)
Determine the costs necessary to provide quality post-secondary education;(ii)
Solicit input from educators, education policy experts, appropriate legislative committees, students and other persons interested in the development of the funding model; and(iii)
Solicit public input regarding educational priorities.(f)
Adopt rules governing the distribution of appropriations from the Legislative Assembly to community colleges, public universities listed in ORS 352.002 (Public universities) and student access programs. These rules must be based on allocation formulas developed in consultation with the state’s community colleges and public universities, as appropriate.(g)
Approve or disapprove any significant change to the academic program of a community college or a public university listed in ORS 352.002 (Public universities). In reaching a decision under this paragraph, the commission shall consider the recommendation from the community college or public university seeking to make the change to an academic program that is issued pursuant to the obligation of the governing board of a community college or public university to review and approve academic programs. The commission shall ensure that approved programs:(A)
Are consistent with the mission statement of the community college or public university;(B)
Do not unnecessarily duplicate academic programs offered by Oregon’s other community colleges or public universities;(C)
Are not located in a geographic area that will cause undue hardship to Oregon’s other community colleges or public universities; and(D)
Are allocated among Oregon’s community colleges and public universities to maximize the achievement of statewide needs and requirements.(h)
For public universities listed in ORS 352.002 (Public universities):(A)
Approve the mission statement adopted by a governing board of a public university.(B)
Review and determine whether a proposed annual increase of resident undergraduate enrollment fees of greater than five percent is appropriate.(C)
Advise the Governor and the Legislative Assembly on issues of university governance.(D)
Approve and authorize degrees.(E)
Perform the evaluation and certification required by ORS 350.095 (Budgetary items in funding request).(i)
Authorize degrees to be offered by independent post-secondary institutions in this state under ORS 348.594 (Definitions for ORS 348.594 to 348.615) to 348.615 (Appeal procedure).(j)
Oversee the licensing of career schools under ORS 345.010 (Definitions for ORS 345.010 to 345.450 and 345.992 to 345.997) to 345.450 (Annual inspection fee).(k)
Have the authority to enter into and administer interstate agreements regarding the provision of post-secondary distance education. The participation by an educational institution that is not based in this state in distance learning courses or programs that are part of an interstate agreement entered into and administered under this paragraph does not constitute operating in this state for purposes of ORS 348.594 (Definitions for ORS 348.594 to 348.615) to 348.615 (Appeal procedure). The commission, by rule, may impose a fee on any educational institution that seeks to operate under or participate in such interstate agreements. The fee amount shall be established to recover designated expenses incurred by the commission in participating in such agreements.(L)
Administer a statewide longitudinal data system.(m)
In coordination with the Department of Education, the Employment Department and other state agencies, conduct statewide longitudinal studies and reporting of early learning, kindergarten through grade 12 education, higher education and workforce programs. For the purposes of this paragraph:(A)
The commission shall enter into written interagency agreements with the Department of Education, the Employment Department and any other state agencies necessary for conducting statewide longitudinal studies and reporting.(B)
The commission may share data from the statewide longitudinal data system with persons or public bodies. For purposes of this subparagraph, the commission shall adopt rules to establish procedures for requesting or sharing data and may enter into written agreements for sharing data.(C)
The commission is considered an authorized representative of state educational agencies under applicable state and federal law for purposes of accessing, compiling and storing student data for research, audit and evaluation purposes.(4)
In addition to the duties described in subsections (2) and (3) of this section, the Higher Education Coordinating Commission shall advise the Legislative Assembly, the Governor, community colleges, public universities and other state boards and commissions on policies in order to:(a)
Ensure or improve access to higher education by diverse and underserved populations.(b)
Encourage student success and completion initiatives.(c)
Improve the coordination of the provision of educational services, including:(A)
Transfers and coenrollment throughout the higher education system;(B)
Accelerated college credit programs for high school students;(C)
Applied baccalaureate and other transfer degrees;(D)
Programs and grants that span multiple institutions; and(E)
Reciprocity agreements with other states.(d)
In coordination with the State Board of Education, enhance the use and quality of dual credit, career and technical pathways and efforts to create a culture of college attendance in this state.(e)
In coordination with the State Workforce and Talent Development Board, local workforce development boards, the Oregon Health and Science University and independent institutions, ensure that the state’s colleges and universities offer programs in high-demand occupations that meet Oregon’s workforce needs.(f)
Improve economies of scale by encouraging and facilitating the use of the shared services among post-secondary institutions in this state.(5)
The Higher Education Coordinating Commission, in a manner consistent with ORS chapter 183, may adopt administrative rules.(6)
With the exception of the rulemaking authority granted in subsection (5) of this section, the Higher Education Coordinating Commission may delegate any of its powers, duties or functions to a committee of the commission or to the executive director of the commission.(7)
The Higher Education Coordinating Commission may, subject to the Public Contracting Code, enter into contracts and agreements, including grant agreements, with public and private entities for those higher education and workforce development activities that are consistent with ORS 350.001 (Legislative findings) and 350.005 (Additional findings), with the policies set forth in ORS chapters 341 and 348 and with statutory policies related to career schools and public universities.(8)
Intentionally left blank —Ed.(a)
The Higher Education Coordinating Commission may exercise only powers, duties and functions expressly granted by the Legislative Assembly. Except as otherwise expressly provided by law, all other authorities reside at the institutional level with the respective boards of the post-secondary institutions.(b)
The commission has implied and direct authority to implement the powers, duties and functions expressly granted to the commission by the Legislative Assembly.(c)
Notwithstanding paragraph (b) of this subsection, the commission may not exercise any authority, express or implied, statutorily provided to a governing board of a public university listed in ORS 352.002 (Public universities) or a community college operated under ORS chapter 341. [Formerly 351.735; 2016 c.30 §§5,6; 2016 c.117 §§55,56; 2017 c.66 §§7,8; 2017 c.98 §§1,2,3; 2017 c.185 §§5,6; 2017 c.297 §§21,22; 2017 c.440 §§2a,2b; 2019 c.384 §§18,19,20; 2019 c.395 §§14,15,16; 2019 c.572 §§3,4,5]
Source:
Section 350.075 — Powers, duties and functions; rules, https://www.oregonlegislature.gov/bills_laws/ors/ors350.html.
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