Oregon Higher Education Coordinating Commission

Indicate the types of institutions that your agency authorizes. 

• Note: Some agencies may refer to out-of-state public institutions as “private colleges” in their law.  If this is the case for your agency, please select “public, out-of-state degree granting institutions” for purposes of this Guide so that the out-of-state public institution will find appropriate information.
• Note: If your agency is a coordinating board, your agency may have one division with some authority such as program approval over in-state public institutions that are established per statute, which is structured differently than another division of your agency with state authorization authority over non-public institutions that they “license” pursuant to different statute(s).

____ Public, in-state degree granting institutions
_X__ Public, out-of-state degree granting institutions
_X__ Private, in-state, not-for-profit degree granting institutions
_X__ Private, out-of-state, not-for-profit degree granting institutions
_X__ Private, in-state, for-profit degree granting institutions
_X__ Private, out-of-state, for-profit degree granting institutions
____ Public, in-state, non-degree granting institutions
____ Public, out-of-state, non-degree granting institutions
_X__ Non-degree, not-for profit institutions
_X__ Non-degree, for-profit institutions
_X__ Religious institutions
_X__ Tribally-controlled institutions
____ Federal Institutions
____ Municipal institutions

• For example, an agency may require an institution apply for licensure for institutional approval and also require the institution to apply for specific program(s) approval.

_____ Institution   

__X__ Program   

_____ Both

All degree-granting private post-secondary institutions offering academic programs in Oregon, or to Oregon students from outside the state, must be approved by the HECC Office of Degree Authorization. Any business that offers a non-degree training program, including online education, that prepares an individual to enter a licensed occupation in the State of Oregon must first apply for a private career school license with the Higher Education Coordinating Commission (HECC). A tribally-controlled institution would not be subject to ODA or PCS jurisdiction, but would most likely seek authorization or licensure, at least initially, in order to establish legitimacy vis-á-vis external institutions and governments.

The Office of Degree Authorization approves academic programs offered by the institutions and their corresponding placement programs in the state. The approval is for the degree program with or without placement, or with placement alone, not the institution as a whole. Approval letters list degree programs approved with and without placement, and are valid for a period of two years.

• Meaning as example, the state regulates an out-of-state institution for merely enrolling a student into a distance education program
• Meaning as example, a solely online program that does not have any internships and practicums

Yes

For degree-granting institutions, all actions including online instruction offered to Oregon students must be authorized or exempted either through direct authorization by the ODA or participation in an interstate reciprocity agreement per ORS 348.606.

For non-degree granting institutions, all actions including online instruction offered to Oregon students must be licensed through the HECC unless approved for an exemption through ORS 348.015.

Accreditation or pre-accreditation candidacy by an accrediting body recognized by the US Department of Education is a requirement for authorization of degree-granting institutions but not for licensure of non-degree granting institutions.

Accreditation by an accrediting agency recognized by the U.S. Department of Education required for: 
_X__ Public, out-of-state degree granting institutions
_X__ Private, in-state, not-for-profit degree granting institutions
_X__ Private, out-of-state, not-for-profit degree granting institutions
_X__ Private, in-state, for-profit degree granting institutions
_X__ Private, out-of-state, for-profit degree granting institutions
____ Public, in-state, non-degree granting institutions
____ Public, out-of-state, non-degree granting institutions
____ Non-degree, not-for profit institutions
____ Non-degree, for-profit institutions
_X__ Religious institutions
_X__ Tribally-controlled institutions
____ Federal Institutions
____ Municipal institutions

Accreditation or documentation of pre-accreditation candidacy is a requirement for authorization of degree-granting institutions but not for licensure of non-degree granting institutions. Oregon Administrative Rule 583-030-0020 was revised in 2022 to comply with USDE language:

• Institutional or programmatic accreditation recognized by the United States Department of Education is required for degree program authorization of out-of-state schools.
• The HECC does not require institutional accreditation as a pre-condition for full authorization of degree-granting institutions located in Oregon because ODA has a thorough review and evaluation process in place.
• Accreditation by a USDOE-recognized accreditor is acceptable in most cases.
• Programmatic accreditation may be required for authorization if the state licensing board requires graduation from a degree program with programmatic accreditation.

There are different standards/rules depending on whether institution is degree-granting or non-degree granting.

For degree-granting institutions, rules defining physical presence were updated in 2021: OAR 583-030-0005.

For non-degree granting institutions, OAR 581-045-0006 (13)(b): https://secure.sos.state.or.us/oard/viewSingleRule.action?ruleVrsnRsn=180941

Does a virtual clinical / internship trigger the requirement for authorization with your agency? 

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For non-degree granting institutions, a physical presence is established when the institution maintains an office within the state, any instructional staff conduct instructional activities from within the state or any part of the instructional program is conducted by or in the state, any agents operate within the state, or any Oregon specific advertising is done for or by the institution [OAR 715-045-0006 (13) (b)].

There are separate application forms and processes for in-state and out-of-state degree-granting institutions, and for licensure to operate a non-degree granting school.  Prospective owners and institutional staff are encouraged to contact the HECC at 503-947-5916 or by email at info.pps@hecc.oregon.gov for guidance through the licensure or authorization process.  Rule links may be found on the HECC website at: https://www.oregon.gov/highered/about/Pages/rules-statutes.aspx

For degree-granting institutions: https://www.oregon.gov/highered/institutions-programs/private/Pages/ODA-forms-procedures-out-state.aspx or https://www.oregon.gov/highered/institutions-programs/private/Pages/ODA-forms-procedures-in-state.aspx

For non-degree granting institutions: https://www.oregon.gov/highered/institutions-programs/private/Pages/PCS-forms-procedures.aspx

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Yes, application fees are set in statute and rule.

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For degree granting institutions, ORS 348.606: https://www.oregonlegislature.gov/bills_laws/ors/ors348.html

For non-degree granting institutions, OAR 715-045-0007: https://secure.sos.state.or.us/oard/viewSingleRule.action?ruleVrsnRsn=271525

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Yes, please see clarifying answer below

https://www.oregon.gov/highered/institutions-programs/private/Pages/ODA-forms-procedures-out-state.aspx

Degree-granting institutions must have a surety bond or letter of credit based on student prepaid tuition for the previous year that is sufficient to pay student claims for refund in the event of abrupt closure.

Non-degree institutions must make an initial deposit based on projected first-year gross tuition income plus 14 semi-annual payments based on actual gross tuition income to a Tuition Protection Fund.

Yes

Oregon has a tuition protection fund for private career schools. It is funded by fees from schools. Private degree-granting colleges are required to keep a letter of credit or surety bond.

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Yes.

Degree-granting institutions must modify their tuition refund policy to comply with OAR 583-030-0035 (18) (c) for all Oregon residents enrolled in degree/certificate programs. Non-degree institutions must comply with cancellation and refund policies in OAR 715-045-0037.

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All licensed or authorized degree-granting and non-degree granting institutions in Oregon must report annual student enrollment and annual completions data, and Fall student enrollments.

Degree-granting institutions must report changes in key administrative staff, new faculty hires, program changes, and ownership changes; all must be submitted for approval and/or reported as they occur during an authorization period. All substantive and non-substantive changes must be approved by the HECC; definitions of changes were amended in OAR 583-030-0030 in 2022.

For non-degree granting institutions, any changes in ownership, instructional staff, legal documents, school catalog, or curriculum must be reported. Completions, withdrawals, and placement statistics for each program must be reported and meet a minimum guideline. Financial statements must also be sent, and assurances that certain specific statutes are being followed. Any changes in ownership, the enrollment agreement, student catalog, or curriculum should be reported and approved before implementation. All other information is reported annually

All degree-granting and non-degree granting institutions must report annual student enrollment and annual completions data, and Fall student enrollments once per year.

This information includes statistics on students served and graduation rates, which are published publicly.

Reporting is conducted over a secure online server requiring a login and password.

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For degree-granting institutions, if the school is known to have the legal authority to grant degrees elsewhere but has not obtained ODA approval to offer academic programs to Oregon students, then the ODA administrator would send a warning letter stating that we have received information that the school is offering courses, field experiences, or degree programs without approval. The letter would include the relevant citations and information about obtaining approval. In cases where there is no evidence of the school’s legal authority to grant degrees, the ODA would investigate further and follow up with enforcement action if necessary. Unresolved cases would be referred for follow-up with the Oregon Attorney General's office.

For non-degree granting institutions, a “cease and desist” letter is sent that requires the institution to immediately cease operation and contact our office for licensing. Failure to do so may result in civil and criminal penalties. An institution is entitled to a hearing of the matter before an administrative hearings officer. The determination of the hearings officer is final, but may be appealed to circuit court. A contested case hearing is subject to rules under OAR 715-011-0090: https://www.oregonlegislature.gov/bills_laws/ors/ors348.html

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Key contacts for types of institutions encourage the student to exhaust all institutional resources before filing a complaint. Upon submission, a written complaint is distributed to the key staff person for investigation. The ODA works with institutions and the state regulator agency to ensure complaints from students are resolved.

None; students must contact the compliance specialist first.

There is a separate complaint process for institutions that are exempted from authorization by the HECC or that participate in an interstate reciprocity agreement.

The process for handling complaints is has been refined towards a centralized process. Key contacts for types of institutions encourage the student to exhaust all institutional resources before filing a complaint. Upon submission, a written complaint is distributed to the key staff person for investigation.

Contact Name: Matthew Altman, J.D.

Title: Compliance Specialist, Student Complaints

Agency: Office of Academic Policy and Authorization, Higher Education Coordinating Commission

Address: 3225 25th St. SE, Salem, OR 97302

Email: matthew.altman@hecc.oregon.gov

Phone: 503-881-2738

URL: https://www.oregon.gov/highered/institutions-programs/private/Pages/private-postsecondary-HECC-role.aspx

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Degree-granting institutions are required to submit school closure plans upon submission of initial or renewal applications. Requirements for a school closure plan are set in a new rule OAR 583-030-0061.

Information regarding transcripts can be found on the HECC website:
https://www.oregon.gov/highered/institutions-programs/private/Pages/private-postsecondary-school-closure-transcripts.aspx

Information regarding transcripts can be found on the HECC website:
https://www.oregon.gov/highered/institutions-programs/private/Pages/private-postsecondary-school-closure-transcripts.aspx

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For degree-granting institutions, located outside of Oregon, we expect all schools to seek ODA approval and to do so BEFORE sending students to a placement site or offering degree programs or academic credit to Oregon students. All the information and forms pertaining to approval are available on the HECC website.

Any online program with or without a placement must be approved. Online programs that include a placement (clinical, practicum, internship, externship, etc.) at a site in Oregon cannot be exempt and must be individually authorized as a placement program unless the institution participates in an interstate reciprocity agreement; 10 or more placements would require direct authorization by the ADA.

Potential operators of non-degree granting institutions seeking licensure are requested to read our rules and statutes, review the application, and come prepared with their questions in order to make the best use of time spent in a preliminary screening interview. There are requirements in rules that schools are required to do that are reflected in the new school application, so one cannot rely on the application as a sole source of information about what is required to successfully operate a career school in the state of Oregon.

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Please note: There could be additional state agencies with oversight of activities of your institution.