OAR 589-007-0180: Contracts for Educational Services Between Community Colleges and Local Joint Committees

(1) Local joint committees, as private organizations, may contract with a community college to provide services of an educational nature that are subject to the approval of the Commission as identified in ORS 341.315. (2) A community college may enter into contracts with local joint committees to obtain educational services for students enrolled in the community college as identified in ORS 341.440. (3) Educational services provided under contract between the community college and the local joint committee must meet or exceed the accreditation requirements for Contractual Relationships with Organizations Not Regionally Accredited of the Commission on Colleges and Universities of the Northwest Association of Schools and of Colleges and Universities or their successor to ensure full accreditation for the community college. (4) The applicable requirements for contracted education services include but are not limited to: (a) The primary purpose of offering the course is educational. (b) Any course offered must be consistent with the institution's educational mission and goals. (c) Courses to be offered and the value and level of their credit must be determined in accordance with established institutional and Commission policies and procedures. (d) Courses offered must remain under the sole and direct control of the community college, which exercises ultimate and continuing responsibility for the performance of these functions as it relates to: (A) Recruitment and advertising; (B) Advising and counseling students; (C) Appointment and validation of credentials of faculty and instructors teaching the course; (D) Admission of students to courses and/or to the community college; (E) Instruction in the courses; (F) Evaluation of student progress; (G) Record keeping; (I) Tuition and/or fees charged, receipt and disbursement of funds, and refund policy; (J) Nature and location of courses; (K) Library and information resources; (L) Additional data including course outlines, syllabi, copies of exams, records of students and evidence of equivalencies with established programs. (5) Educational services provided by the local joint committee under contract with the community college must meet the standards for educational services provided by the college as identified in ORS 341.440. (6) Community colleges may not enter into a contract where the community college is required to share any portion of FTE reimbursement provided by the state. (7) Contracts between the community college and the local joint committee will be based upon reasonable costs associated with the educational services provided under the contract. (8) As set forth in ORS 341.440, the contract for educational services between the community college and the local joint committee will not exceed the costs that would otherwise be incurred by the college to provide students with the same or similar services. (9) Contracts for educational services between the community college and the local joint committee may include those core apprenticeship services as identified in OAR 589-007-0160. Services provided must remain under the direct and sole control of the community college and meet the standards of regular community college courses, programs and services and are services that are best provided through the contractual arrangement. The educational services that may be provided by the local joint committee are limited to: (a) Facilities for apprenticeship related training courses; (b) Assistance in recommending instructional staff that meet the college requirements for college faculty and instructors; (c) Related training instructors to serve as instructors for college related training courses that meet the college requirements for college faculty and instructors; (d) Equipment, services and supplies to be utilized for apprenticeship related training courses; and (e) Assistance in the development of curriculum and assessments for related training courses. (10) Contracts for educational services between the community college and the local joint committee will be consistent with OAR 589-002-0500 and will clearly establish the requirements and responsibilities of the community college and the local joint committee following regional accreditation and other requirements. Contracts will be executed by designated officers of the community college and the local joint committee and will include the following elements: (a) Identification of the work to be performed, period of the agreement, and conditions under which renewal or renegotiation of the contract would take place; (b) Identification of the community college as having ultimate responsibility for the performance of necessary control functions for the educational offerings and offering academic credit; (c) Establishment of the responsibilities of the community college and the local joint committee regarding: (A) Indirect costs (B) Approval of salaries (C) Equipment (D) Subcontracts and travel (E) Property ownership and accountability (F) Inventions and patents (G) Publications and copyrights (H) Accounting records and audits (I) Security (J) Termination costs (K) Tuition refund (L) Student records (M) Faculty facilities (N) Safety regulations (O) Insurance coverage (d) Demonstration that the regional accreditation requirements have been met regarding: (A) Enrollment agreements (B) Tuition policies including rates, refunds and cancellations and collection practices (C) Student recruitment including advertising and promotional literature and field agents.