Bill Text: OR HB2189 | 2013 | Regular Session | Introduced

Oregon House Bill 2189 (Prior Session Legislation)

NOTE: There are more recent revisions of this legislation. Read Latest Draft

Bill Title: Relating to career schools; and declaring an emergency.

Spectrum: Committee Bill

Status: (Passed) 2013-05-06 - Chapter 50, (2013 Laws): Effective date July 1, 2013. [HB2189 Detail]

Download: Oregon-2013-HB2189-Introduced.html



     77th OREGON LEGISLATIVE ASSEMBLY--2013 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 1953

                         House Bill 2189

Introduced and printed pursuant to House Rule 12.00. Presession
  filed (at the request of House Interim Committee on 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 State Board of Education to adopt rules related to
general governance and operation of career schools.
  Modifies training requirements for hair design, barbering,
esthetics and nail technology.
  Declares emergency, effective July 1, 2013.

                        A BILL FOR AN ACT
Relating to career schools; amending ORS 345.020, 345.330 and
  345.400; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 345.020 is amended to read:
  345.020.  { + (1) The State Board of Education may adopt rules
pursuant to ORS chapter 183 for the general governance and
operation of career schools. Rules adopted by the board may be
specific to the individual professions for which career schools
provide instruction or training. + }
    { - (1) - }   { + (2) + } The Superintendent of Public
Instruction shall administer ORS 345.010 to 345.450 and 345.992
to 345.997 and shall enforce all laws and rules relating to the
licensing of career schools and agents.
    { - (2) - }   { + (3) + } The superintendent may establish
procedures whereby schools become eligible to participate in
federal student assistance programs if approved by the United
States Department of Education.
    { - (3) - }   { + (4) + } The superintendent and the
employees of the Department of Education   { - shall - }
 { + may + } not have financial interests in any career school
and   { - shall - }   { + may + } not act as agents or employees
 { - thereof - }  { +  of any career school + }.
  SECTION 2. ORS 345.020, as amended by section 23, chapter 104,
Oregon Laws 2012, is amended to read:
  345.020.  { + (1) The Higher Education Coordinating Commission
may adopt rules pursuant to ORS chapter 183 for the general
governance and operation of career schools. Rules adopted by the
commission may be specific to the individual professions for
which career schools provide instruction or training. + }
    { - (1) - }   { + (2) + } The   { - Higher Education
Coordinating - }  commission shall administer ORS 345.010 to
345.450 and 345.992 to 345.997 and shall enforce all laws and
rules relating to the licensing of career schools and agents.
    { - (2) - }   { + (3) + } The commission may establish
procedures whereby schools become eligible to participate in
federal student assistance programs if approved by the United
States Department of Education.
    { - (3) - }   { + (4) + } Members and employees of the
commission may not have financial interests in any career school
and may not act as agents or employees   { - thereof - }  { +  of
any career school + }.
  SECTION 3. ORS 345.330 is amended to read:
  345.330. (1) The Superintendent of Public Instruction shall
appoint a representative advisory committee consisting of 11
members who shall serve for terms of three years ending June 30.
Of the membership of the committee:
  (a) Seven members shall be persons affiliated with career
schools as owners, directors, administrators, instructors or
representatives, but not more than one member shall represent an
out-of-state career school.
  (b) Four members shall be persons who are not eligible under
paragraph (a) of this subsection. At least one of these members
shall have graduated from a career school.
  (2) The advisory committee appointed under subsection (1) of
this section shall:
  (a) Make recommendations to the superintendent and State Board
of Education concerning the need for professional and technical
instructional and training facilities, the types of instruction
and training needed and by whom these can best be provided.
  (b) Recommend standards for career schools as provided in ORS
345.325 which are consistent with the purposes of such schools.
  (c) Investigate and present findings to the State Board of
Education on the administration and operation of laws relating to
career schools. However, the investigations and findings of the
advisory committee do not affect the authority of the
superintendent to issue, deny, suspend or revoke the license of
any career school.
  (d) Consult with the superintendent in determining the refund
schedule under ORS 345.115.
  (e) Make recommendations to the superintendent concerning
  { - rule development - }   { + rules to be adopted by the State
Board of Education + } for ORS 345.010 to 345.450 and 345.992 to
345.997.
  (3) Members of the advisory committee are entitled to
compensation and expenses as provided in ORS 292.495 from funds
appropriated to the Department of Education for purposes of
administering ORS 345.010 to 345.450.
  SECTION 4. ORS 345.330, as amended by section 34, chapter 104,
Oregon Laws 2012, is amended to read:
  345.330. (1) The Higher Education Coordinating Commission shall
appoint a representative advisory committee consisting of 11
members who shall serve for terms of three years ending June 30.
Of the membership of the committee:
  (a) Seven members shall be persons affiliated with career
schools as owners, directors, administrators, instructors or
representatives, but not more than one member shall represent an
out-of-state career school.
  (b) Four members shall be persons who are not eligible under
paragraph (a) of this subsection. At least one of these members
shall have graduated from a career school.
  (2) The advisory committee appointed under subsection (1) of
this section shall:
  (a) Make recommendations to the commission concerning the need
for professional and technical instructional and training
facilities, the types of instruction and training needed and by
whom these can best be provided.
  (b) Recommend standards for career schools as provided in ORS
345.325 which are consistent with the purposes of such schools.

  (c) Investigate and present findings to the commission on the
administration and operation of laws relating to career schools.
However, the investigations and findings of the advisory
committee do not affect the authority of the commission to issue,
deny, suspend or revoke the license of any career school.
  (d) Consult with the commission in determining the refund
schedule under ORS 345.115.
  (e) Make recommendations to the commission concerning
 { - rule development - }   { + rules to be adopted by the
commission + } for ORS 345.010 to 345.450 and 345.992 to 345.997.
  (3) Members of the advisory committee are entitled to
compensation and expenses as provided in ORS 292.495 from funds
appropriated to the commission for purposes of administering ORS
345.010 to 345.450.
  SECTION 5. ORS 345.400 is amended to read:
  345.400. In addition to the other requirements of ORS 345.010
to 345.450, the rules adopted by the State Board of Education to
regulate schools teaching hair design, barbering, esthetics or
nail technology:
  (1) May include rules the board considers necessary to protect
the economic or physical health and safety of the public and of
the students attending the school including compliance with ORS
345.110.
  (2) Shall include rules that set standards for teachers
teaching in schools licensed to teach hair design, barbering,
esthetics or nail technology pursuant to ORS 345.010 to 345.450.
  (3) Shall require the schools to teach, and require for
graduation from the school, courses that meet the following
minimum standards:
  (a)(A) A minimum hourly training requirement for:
  (i) Hair design, 1,450 hours;
  (ii) Barbering, 1,100 hours;
  (iii) Esthetics, 250 hours; and
  (iv) Nail technology, 350 hours; and
  (B) In addition to the programs listed in this subsection, a
student is also required to successfully complete the following
requirements once:
  (i) Safety and sanitation, 150 hours; and
  (ii) Career development, 100 hours.
  (b) A student   { - competency-based - }
 { + proficiency-based + } training requirement for hair design,
barbering, esthetics or nail technology, if the school has
developed written requirements for graduation that are approved
by the Superintendent of Public Instruction.
  SECTION 6. ORS 345.400, as amended by section 36, chapter 104,
Oregon Laws 2012, is amended to read:
  345.400. In addition to the other requirements of ORS 345.010
to 345.450, the rules adopted by the Higher Education
Coordinating Commission to regulate schools teaching hair design,
barbering, esthetics or nail technology:
  (1) May include rules the commission considers necessary to
protect the economic or physical health and safety of the public
and of the students attending the school including compliance
with ORS 345.110.
  (2) Shall include rules that set standards for teachers
teaching in schools licensed to teach hair design, barbering,
esthetics or nail technology pursuant to ORS 345.010 to 345.450.
  (3) Shall require the schools to teach, and require for
graduation from the school, courses that meet the following
minimum standards:
  (a)(A) A minimum hourly training requirement for:
  (i) Hair design, 1,450 hours;
  (ii) Barbering, 1,100 hours;
  (iii) Esthetics, 250 hours; and
  (iv) Nail technology, 350 hours; and

  (B) In addition to the programs listed in this subsection, a
student is also required to successfully complete the following
requirements once:
  (i) Safety and sanitation, 150 hours; and
  (ii) Career development, 100 hours.
  (b) A student   { - competency-based - }
 { + proficiency-based + } training requirement for hair design,
barbering, esthetics or nail technology, if the school has
developed written requirements for graduation that are approved
by the commission.
  SECTION 7.  { + This 2013 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2013 Act takes effect July 1,
2013. + }
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