Current through Register Vol. 63, No. 9, September 1, 2024
(1) For the purposes of this rule:
(a) "Nondistrict area" is defined as any
geographic area of the state not within a community college district or
community college service district;
(b) "Nondistrict student tuition" means
tuition paid by residents of the nondistrict area;
(c) "Other nondistrict resources" means
gifts, contributions, or grants from individuals, groups, organizations,
businesses or industries. It may include financial support from school
districts, education service districts, municipalities, counties or another
public agency or private organization.
(2) Nothing in this rule is intended to refer
to programs provided through contracts between community colleges and state
correctional facilities. Those contracts are addressed in OAR 589-002-0700.
(3) Nothing in this rule is
intended to refer to programs provided specifically for apprentices, including
apprenticeship services as authorized in ORS
660.157(3).
Those programs are addressed in division 7, chapter 589, of the Oregon
Administrative Rules.
(4) The
Office shall determine that sufficient interest exists in a nondistrict area
for the formation of a local advisory committee to analyze and advocate
community college services when it receives a petition signed by a minimum of
100 persons, or by five percent of the electors registered in each county or
part of a county within the designated service area, whichever is less. The
Office may ask the county clerk to verify valid petition signatures:
(a) The Office shall furnish the petition
form and provide advice to the chief petitioner;
(b) In the event that more than one person
seeks chief petitioner status, the Office shall select the party that, in its
judgment, can best represent the diverse interests within the nondistrict area.
(5) Upon receipt of the
petition, the Office and the chief petitioner shall jointly apply to the county
governing body for the appointment of a local advisory committee. The
application shall include the names of at least ten nominees agreed to by the
Office and the chief petitioner along with brief statements as to the reasons
they seek appointment.
(6) Upon
application, the governing body of the county shall appoint a local advisory
committee and shall insure that the committee is broadly representative of the
nondistrict area.
(7) The advisory
committee shall:
(a) Examine the educational
needs of the residents;
(b)
Identify financial and human resources necessary to meet the educational needs;
(c) Identify entities willing to
contract with the community college provider;
(d) Promote the community college services
desired;
(e) Periodically advise
and consult with the designated staff of the contracting community college and
the Office regarding services requested and provided; and
(f) Submit biennial evaluation reports to the
county governing board, the Office, and the contracting community college. The
Office may, at its discretion, require more frequent evaluation reports.
(8) Community college
districts and community college service districts may submit proposals to the
Office, to become service providers to a nondistrict area:
(a) The proposal shall address information
sent by the Office to the colleges describing the boundaries of the
nondistrict, the population base, and the services requested;
(b) The college district shall define the
elements of its proposed contract including orientation, inservice, materials,
recommended tuition and fees, registration and reporting procedures,
transcription, advising, timelines, supervision, and budget;
(c) The Office shall select that college
that, in its judgment, can best deliver the services requested:
(A) The Office shall make its judgment after
considering geographic factors, prior service history, and local advisory
committee preference;
(B) The
community college district or community college service district selected to be
the contractor shall enter into an agreement with the contracting entity;
(C) The agreement is subject to
the approval of the Commission or its designee.
(9) The contract between the
community college and the local contracting entity must include an annual
budget setting forth both revenue and expenditures for services provided to the
nondistrict area. The budget shall be based on the following conditions:
(a) The budget must be wholly supported by
state funds, nondistrict student tuition, and other nondistrict resources;
(b) While the budget may contain
some in-kind contribution from the nondistrict area, a cash contribution,
exclusive of tuition, is required.
(10) State reimbursement of costs incurred in
providing services subject to the contract will be made based on the formula
described in OAR 589-002-0100. Contracts shall not imply any requirement on the
part of the state for reimbursement beyond the amounts appropriated for such
purposes or beyond the biennial period covered by any such appropriation.
(11) Nondistrict areas operating
under contract to a community college district will be eligible for federal
Adult Basic Education funds based on the distribution method described in the
State Plan for Adult Education and adopted by the Commission.
(12) The cost of education (tuition and fees)
to residents of the nondistrict shall be sufficiently low to enable students of
low and middle income to attend.
(13) The local nondistrict financial effort
shall be in cash:
(a) The contracting
entities may exercise the option of increasing local effort in order to reduce
tuition costs to students;
(b) The
minimum cash contribution that will be required in the budget shall be
determined in the following manner:
(A) For
the initial contract year, not less than ten percent of the budgeted
expenditures must be supported by a cash contribution;
(B) For the second contract year not less
than 15 percent of the budgeted expenditures must be supported by a cash
contribution;
(C) For the third
contract year, and all subsequent years, not less than 20 percent of the
budgeted expenditures must be supported by a cash contribution.
(c) Upon request from the college
providing the contracted services, the Director may recommend to the Commission
a waiver or renegotiation of all or a portion of the matching requirement;
(d) A nondistrict area that
contracts for not more than 12 FTE annually shall be subject to a separate cash
contribution standard:
(A) Such areas may
enter into contracts that provide for no cash contribution for the first three
years of service;
(B) For the
fourth, and all subsequent years, the cash contribution shall be ten percent of
the budgeted expenditures.
(e) Cash may be from any source except that
which is prohibited by rule or regulation.
(14) Contracts are subject to the review and
approval of the Office:
(a) Contracts may be
for one or two years and are renewable. Two-year contracts are subject to
annual budget review and possible adjustment by the Office. The Office can
choose to entertain bids from other potential contractors in the course of this
review;
(b) Contracts will be
submitted to the Office by July 1 of the contract year. The Department will
determine that the contracting entity has met the cash requirement, that
state-approved courses are offered, and that the district providing services
provides adequate supervision of the contract;
(c) The Office will evaluate contracted
out-of-district services biennially and submit a report to the Commission by
May of even-numbered years. The evaluation will include number of individuals
served, types of instructional services offered, extent to which the interest
and needs of each area have been met, financial effort of each area, and
projected service in the next biennium.
(15) The community college districts are
responsible for developing the form of the contractual agreements and the
method for recording them.
Stat. Auth.: ORS
326.051 &
341.024
Stats. Implemented: ORS
341.019,
341.021,
341.022 &
341.024
