Bill Text: OR HB2023 | 2011 | Regular Session | Introduced

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Bill Title: Relating to the regulation of career schools.

Spectrum: Unknown

Status: (Failed) 2011-06-30 - In committee upon adjournment. [HB2023 Detail]

Download: Oregon-2011-HB2023-Introduced.html

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     76th OREGON LEGISLATIVE ASSEMBLY--2011 Regular Session

NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .

LC 714

                         House Bill 2023

Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
  Presession filed (at the request of Superintendent of Public
  Instruction Susan Castillo for Department of Education)

                             SUMMARY

The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.

  Allows Superintendent of Public Instruction to grant exemption
to authorize agency of executive department to regulate certain
career schools. Establishes requirements to transition school
between career school regulated by Department of Education and
career school regulated by agency.

                        A BILL FOR AN ACT
Relating to the regulation of career schools; creating new
  provisions; and amending ORS 345.015.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 345.015 is amended to read:
  345.015. ORS 345.010 to 345.450 do not apply to:
  (1) Instruction or training solely avocational or recreational
in nature or to institutions offering such education exclusively.
  (2) Instruction or training sponsored or offered by a bona fide
trade, business, professional or fraternal organization or by a
business solely for the organization's membership or the
business's employees.
  (3) Instruction or training sponsored, offered or contracted by
organizations, institutions or agencies, if the instruction or
training is advertised or promoted to be in the nature of
professional self-improvement or personal self-improvement and
the instruction or training is not:
  (a) Advertised or promoted as leading to or fulfilling the
requirements for licensing, certification, accreditation or
education credentials; or
  (b) Leading to an occupation, employment or other activity for
which a person may reasonably expect financial compensation.
  (4) Courses offered in hospitals that meet standards prescribed
by the American Medical Association or national accrediting
associations for nursing.
  (5) Courses, instruction or training offered for a limited
number of hours, as defined by rule of the State Board of
Education.
  (6) Schools offering only courses of an advanced training or
continuing educational nature when offered solely to licensed
practitioners and people previously qualified or employed in the
profession for which a course is being offered.
  (7) Schools that the Superintendent of Public Instruction { + :
  (a) + } Determines are adequately regulated by other means that
guarantee the school meets the standards   { - of - }  { +
described in + } ORS 345.325 { + ; and
  (b) As a result of the determination described in paragraph (a)
of this subsection, grants an exemption from the licensure
requirements of ORS 345.010 to 345.450 + }.
  (8) Schools offering only review instruction to prepare a
student to take an examination to enter a profession, where the
student has completed prior training related to the profession.
  (9) Schools described in ORS 348.597 and, except as provided in
ORS 345.017, schools approved by the Oregon Student Assistance
Commission to confer or offer to confer academic degrees under
ORS 348.606.
  (10) Any parochial or denominational institution providing
instruction or training relating solely to religion and that does
not grant degrees.
  SECTION 2.  { + Section 3 of this 2011 Act is added to and made
a part of ORS 345.010 to 345.450. + }
  SECTION 3.  { + (1) As used in this section, 'state agency '
means an agency of the executive department, as defined in ORS
174.112.
  (2) If the Superintendent of Public Instruction determines that
a state agency is willing and able to regulate a career school in
a manner that guarantees the school meets the standards described
in ORS 345.325, the superintendent may grant an exemption from
the licensure requirements of ORS 345.010 to 345.450.
  (3) A career school for which an exemption is granted as
provided by this section must continue to be licensed as a career
school and meet all of the requirements of ORS 345.010 to 345.450
until:
  (a) All of the school's operations are approved by the state
agency; and
  (b) All students who were first enrolled in the school when the
school was subject to the licensure requirements of ORS 345.010
to 345.450 have:
  (A) Completed the course or program for which the student
contracted with the school; or
  (B) Terminated enrollment in the school for any reason.
  (4) The regulatory authority for the career school transfers to
the state agency upon the approval of all of the school's
operations by the state agency and the granting of the exemption
by the superintendent as provided by this section.
  (5) A student enrolled in a career school for which an
exemption is granted as provided by this section is eligible for
moneys from the Tuition Protection Fund established under ORS
345.110 if the student:
  (a) Qualifies for the moneys under rules adopted by the State
Board of Education under ORS 345.110; and
  (b) Was first enrolled in the school when the school was
subject to the licensure requirements of ORS 345.010 to 345.450.
  (6) If a state agency notifies the superintendent that the
state agency is no longer willing to regulate a career school:
  (a) The exemption granted by the superintendent is revoked, and
the regulatory authority for the career school transfers to the
superintendent when all students who were first enrolled in the
school at the time the school was regulated by the state agency
have:
  (A) Completed the course or program for which the student
contracted with the school; or
  (B) Terminated enrollment in the school for any reason;
  (b) The career school must submit an application to the
superintendent for licensure as a career school as provided by
ORS 345.010 to 345.450; and
  (c) The career school is prohibited from enrolling new students
from the date on which the exemption is revoked under paragraph
(a) of this subsection until the date on which the superintendent
approves an application for licensure submitted under paragraph
(b) of this subsection. + }
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