Bill Text: OR HB3471 | 2011 | Regular Session | Enrolled
Bill Title: Relating to higher education.
Spectrum: Moderate Partisan Bill (Democrat 5-1)
Status: (Passed) 2011-07-20 - Chapter 642, (2011 Laws): Effective date January 1, 2012. [HB3471 Detail]
Download: Oregon-2011-HB3471-Enrolled.html
76th OREGON LEGISLATIVE ASSEMBLY--2011 Regular Session
Enrolled
House Bill 3471
Sponsored by Representatives DEMBROW, WINGARD, Senator HASS;
Representative HUNT, Senators MONNES ANDERSON, ROSENBAUM
CHAPTER ................
AN ACT
Relating to higher education; creating new provisions; and
amending ORS 348.205, 348.270 and 348.570.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + (1) Notwithstanding ORS 341.290, 351.070 (3) or
353.050, a current foster child or former foster child under 25
years of age who enrolls in an institution of higher education as
an undergraduate student not later than three years after the
date the student was removed from the care of the Department of
Human Services, the date the student graduated from high school
or the date the student received the equivalent of a high school
diploma, whichever date is earliest, shall have the amount of
tuition and all fees levied against the student waived if
attending an institution of higher education listed in ORS
352.002, a community college operated under ORS chapter 341 or
Oregon Health and Science University for purposes of pursuing an
initial undergraduate degree.
(2) A student who is a current foster child or former foster
child is entitled to waiver of tuition and all fees under
subsection (1) of this section until the student has received the
equivalent of four years of undergraduate education.
(3) As a condition of receiving a tuition waiver for an
academic year, a current foster child or former foster child
must:
(a) Complete and submit the Free Application for Federal
Student Aid for that academic year; and
(b) For years after the first academic year at an institution
of higher education, have completed a minimum of 30 volunteer
service hours in the previous academic year performing community
service activities such as mentoring foster youth or assisting in
the provision of peer support service activities, according to
policies developed by the institution of higher education at
which the current foster child or former foster child is
enrolled.
(4) A waiver of tuition and all fees under subsection (1) of
this section may be reduced by the amount of any federal aid
scholarships or grants, an award from the Oregon Opportunity
Grant program established under ORS 348.205 and any other aid
received from the institution of higher education. For the
purposes of this subsection, 'federal aid scholarships or grants'
does not include Chafee Education and Training Grant vouchers
(P.L. 107-133).
Enrolled House Bill 3471 (HB 3471-A) Page 1
(5) As used in this section, 'former foster child' means an
individual who, for a total of 12 or more months while between 16
and 21 years of age, was a ward of the court pursuant to ORS
419B.100 (1)(b) to (e) and in the legal custody of the Department
of Human Services for out-of-home placement. + }
SECTION 2. ORS 348.270 is amended to read:
348.270. (1) In addition to any other scholarships provided by
law, the Oregon Student Assistance Commission shall award
scholarships in any state institution under the State Board of
Higher Education, in the Oregon Health and Science University, in
any community college operated under ORS chapter 341, or in any
Oregon-based regionally accredited independent institution, to
any student applying for enrollment or who is enrolled therein,
who is:
(a) The natural child, adopted child or stepchild of any public
safety officer who, in the line of duty, was killed or so
disabled, as determined by the Oregon Student Assistance
Commission, that the income of the public safety officer is less
than that earned by public safety officers performing duties
comparable to those performed at the highest rank or grade
attained by the public safety officer; or
(b) A { + current foster child or + } former foster child who
enrolls in an institution of higher education as an undergraduate
student not later than three years from the date the student was
removed from the care of the Department of Human Services, the
date the student graduated from high school or the date the
student received the equivalent of a high school diploma,
whichever date is earliest.
(2) Scholarships awarded under this section to students who are
dependents of public safety officers or who are { + current
foster children or + } former foster children shall equal the
amount of tuition and all fees levied by the institution against
the recipient of the scholarship. However, scholarships awarded
to students who attend independent institutions shall not exceed
the amount of tuition and all fees levied by the University of
Oregon.
(3) If the student who is the dependent of a deceased public
safety officer continues to remain enrolled in a state
institution of higher education or a community college or an
independent institution within the State of Oregon, the student
shall be entitled to renewal of the scholarship until the student
has received the equivalent of four years of undergraduate
education and four years of post-graduate education.
(4) If the student who is a { + current foster child or + }
former foster child or who is the dependent of a public safety
officer with a disability continues to remain enrolled in a state
institution of higher education or a community college or an
independent institution within the State of Oregon, the student
shall be entitled to renewal of the scholarship until the student
has received the equivalent of four years of undergraduate
education.
(5) The Oregon Student Assistance Commission may require proof
of the student's relationship to a public safety officer
described in subsection (1) of this section or proof that the
student is a { + current foster child or + } former foster
child.
(6) As used in this section:
(a) 'Former foster child' means an individual who, for a total
of 12 or more months while between the ages of 16 and 21, was a
ward of the court pursuant to ORS 419B.100 (1)(b) to (e) and in
Enrolled House Bill 3471 (HB 3471-A) Page 2
the legal custody of the Department of Human Services for
out-of-home placement.
(b) 'Public safety officer' means:
(A) A firefighter or police officer as those terms are defined
in ORS 237.610.
(B) A member of the Oregon State Police.
SECTION 3. ORS 348.570 is amended to read:
348.570. (1) There is established in the State Treasury a fund,
separate and distinct from the General Fund, to be known as the
Oregon Student Assistance Fund for investment as provided by ORS
293.701 to 293.820 and for the payment of the expenses of the
Oregon Student Assistance Commission in carrying out the purposes
of ORS 348.210 to 348.250, 348.505 to 348.615, 348.696 and
348.992. Interest earned by the fund shall be credited to the
fund.
(2) There is established in the State Treasury a fund, separate
and distinct from the General Fund, to be known as the
Alternative Student Loan Program Fund for investment as provided
by ORS 293.701 to 293.820 and for the payment of expenses of the
commission in carrying out the purposes of ORS 348.625 to
348.695. This fund, including the interest earnings on the fund,
if any, is continuously appropriated to the commission for those
purposes for which such funds were provided to, received or
collected by the commission.
(3)(a) There is established in the General Fund an account to
be known as the Nursing Services Account. Funds in the account
shall be used for the payment of expenses of the Nursing Services
Program created in ORS 442.540.
(b) The account shall consist of:
(A) Funds appropriated to the Oregon Student Assistance
Commission for deposit into the account;
(B) Collections and penalties received by the commission under
ORS 442.545; and
(C) Any donations or grants received by the commission for
purposes of the Nursing Services Program.
(c) Any funds in the account that are not expended in any
biennium shall be retained in the account and may be expended in
subsequent biennia.
(4) There is established in the State Treasury a fund, separate
and distinct from the General Fund, to be known as the
{ - Former - } Foster Youth Scholarship Fund. Moneys received
from appropriations, donations and grants shall be credited to
the fund. Moneys in the fund are continuously appropriated to the
Oregon Student Assistance Commission for the purposes of
investment, as provided by ORS 293.701 to 293.820, and for
carrying out the provisions of ORS 348.270 (1)(b). Interest
earned by the fund shall be credited to the fund.
(5) There is established in the State Treasury a fund, separate
and distinct from the General Fund, to be known as the ASPIRE
Program Fund. Moneys received from donations and grants shall be
credited to the ASPIRE Program Fund. Moneys in the fund are
continuously appropriated to the Oregon Student Assistance
Commission for the purposes of investment, as provided by ORS
293.701 to 293.820, and for carrying out the provisions of ORS
348.500. Interest earned by the fund shall be credited to the
fund.
(6)(a) There is established in the State Treasury the Nursing
Faculty Loan Repayment Fund, separate and distinct from the
General Fund. Interest earned on the Nursing Faculty Loan
Repayment Fund shall be credited to the fund. Moneys in the fund
Enrolled House Bill 3471 (HB 3471-A) Page 3
are continuously appropriated to the Oregon Student Assistance
Commission for carrying out ORS 348.440 to 348.448. The Nursing
Faculty Loan Repayment Fund consists of:
(A) Moneys appropriated to the commission for the Nursing
Faculty Loan Repayment Program created in ORS 348.444; and
(B) Grants, gifts or donations received by the commission for
the program.
(b) Any unexpended funds in the fund at the end of a biennium
shall be retained in the fund and may be expended in subsequent
biennia.
SECTION 4. ORS 348.205 is amended to read:
348.205. (1) The Oregon Opportunity Grant program is
established within the Oregon Student Assistance Commission.
(2) Under the program, the cost of education of a qualified
student shall be shared by the student, the family of the
student, the federal government and the state.
(3) The commission shall determine the cost of education of a
qualified student based on the type of eligible post-secondary
institution the student is attending. The cost of education
equals:
(a) For a student attending a community college, the average
cost of education of attending a community college in this state;
(b) For a student attending an institution under the direction
of the State Board of Higher Education, the average cost of
education of attending an institution under the direction of the
board;
(c) For a student attending a two-year Oregon-based, generally
accredited, not-for-profit institution of higher education, the
average cost of education of attending a community college in
this state; and
(d) For a student attending the Oregon Health and Science
University or a four-year Oregon-based, generally accredited,
not-for-profit institution of higher education, the average cost
of education of attending an institution under the direction of
the board.
(4)(a) The commission shall determine the amount of the student
share. The student share shall be based on:
(A) The type of eligible post-secondary institution the student
is attending;
(B) The number of hours of work that the commission determines
may be reasonably expected from the student; and
(C) The amount of loans that the commission determines would
constitute a manageable debt burden for the student.
(b) The student shall determine how to cover the student share
through income from work, loans, savings and scholarships.
(c) The student share for a student who attends a community
college may not exceed the amount that the commission determines
a student may earn based on the number of hours of work
reasonably expected from the student under paragraph (a) of this
subsection.
(d) The student share for a student who attends an eligible
post-secondary institution that is not a community college may
not exceed the sum of the amount that the commission determines a
student may receive as loans plus the amount a student may earn
based on the number of hours of work reasonably expected from the
student under paragraph (a) of this subsection.
(5) The commission shall determine the amount of the family
share. The family share shall be based on the resources of the
family.
Enrolled House Bill 3471 (HB 3471-A) Page 4
(6) The commission shall determine the amount of the federal
share based on how much the student or the student's family is
expected to receive from the federal government as grants, loans,
tax credits or other student assistance.
(7)(a) The commission shall determine the amount of the state
share. The state share shall be equal to the cost of education
reduced by the student share, family share and amount received by
the student from the federal government.
(b) The commission shall establish a minimum amount that a
student may receive as a state share. If the commission
determines that the amount of the state share of a student is
below the minimum amount, the student may not receive the state
share.
(c) In determining the amount of the state share, the
commission shall consider the total amount available to award as
grants to all qualified students. If the commission must reduce
the amount of the state share under this paragraph, the
commission may not reduce the amount of the state share awarded
to students in the low income range in a greater proportion than
the amount that the state share for students in other income
ranges is reduced.
{ + (8)(a) The commission shall adopt rules that prioritize
current foster children and former foster children for receiving
Oregon Opportunity Grants when the Oregon Opportunity Grant
program does not have sufficient funding to serve all eligible
Oregon students.
(b) For the purposes of this subsection, 'former foster child'
has the meaning given that term in section 1 of this 2011
Act. + }
SECTION 5. { + Section 1 of this 2011 Act and the amendments
to ORS 348.205, 348.270 and 348.570 by sections 2 to 4 of this
2011 Act first apply to the 2012-2013 academic year. + }
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Passed by House June 15, 2011
.............................................................
Ramona Kenady Line, Chief Clerk of House
.............................................................
Bruce Hanna, Speaker of House
.............................................................
Arnie Roblan, Speaker of House
Passed by Senate June 21, 2011
.............................................................
Peter Courtney, President of Senate
Enrolled House Bill 3471 (HB 3471-A) Page 5
Received by Governor:
......M.,............., 2011
Approved:
......M.,............., 2011
.............................................................
John Kitzhaber, Governor
Filed in Office of Secretary of State:
......M.,............., 2011
.............................................................
Kate Brown, Secretary of State
Enrolled House Bill 3471 (HB 3471-A) Page 6
