Oregon Administrative Rules Chapter 589 - HIGHER EDUCATION COORDINATING COMMISSION, OFFICE OF COMMUNITY COLLEGES AND WORKFORCE DEVELOPMENT
📘 Overview: Oregon Administrative Rules Chapter 589 – HECC, Office of CCWD
Chapter 589 of the Oregon Administrative Rules governs the regulatory activities of the Office of Community Colleges and Workforce Development (CCWD) under the Higher Education Coordinating Commission (HECC).
This office plays a central role in overseeing Oregon’s community colleges, adult education, and workforce development programs, ensuring they align with the state’s educational and economic goals.
🏛️ Legal Authority and Structure
The HECC was established by the Oregon Legislature (ORS Chapter 350) to coordinate higher education policy and funding.
The CCWD, a division within HECC, operates under OAR Chapter 589 to:
Fund and oversee community colleges.
Administer the Adult Basic Skills (ABS) program.
Manage workforce training and career education programs funded by state and federal laws (e.g., WIOA – Workforce Innovation and Opportunity Act).
Certify career schools and monitor performance.
🔑 Key Regulatory Areas of OAR Chapter 589
1. Community College Operations & Funding
Establishes rules for the distribution of state aid to Oregon’s 17 community colleges.
Includes performance-based funding metrics tied to student completion, equity, and job placement.
Specifies requirements for academic program approval and curriculum standards.
Mandates accountability reporting to HECC.
2. Adult Basic Skills (ABS) & GED Programs
Regulates programs that provide literacy, ESL (English as a Second Language), and high school equivalency education.
Sets eligibility and instructional standards for state and federally funded ABS providers.
Administers GED Testing Centers, including rules for authorization, security, and recordkeeping.
3. Career and Technical Education (CTE)
Guides development and implementation of CTE programs at the post-secondary level.
Sets out curriculum alignment with labor market demands.
Coordinates with industry partners to ensure relevance and effectiveness of training.
4. Workforce Development Programs
Implements federal workforce programs under WIOA.
Regulates:
Job training services
Apprenticeship programs
Youth and dislocated worker assistance
Works with local workforce development boards to deliver services statewide.
5. Private Career Schools
Provides for approval, renewal, and oversight of private career schools.
Includes student protections, refund policies, advertising rules, and accountability for program outcomes.
⚖️ Legal Principles and Case Law Context
Although OAR Chapter 589 rules are generally administrative, legal challenges may arise under broader state and federal constitutional or statutory principles.
🔸 1. Due Process in Program Denial or Revocation
If a college or provider is denied funding or program approval, or a private career school’s license is revoked, the affected party is entitled to notice and a hearing.
HECC must follow procedural safeguards consistent with the Oregon Administrative Procedures Act (APA).
Legal Principle:
Any deprivation of a property interest (like program funding or licensure) requires procedural due process.
🔸 2. Equal Protection and Non-Discrimination
All HECC-administered programs must comply with Title VI of the Civil Rights Act, Title IX, and the ADA.
Discriminatory practices in admissions, hiring, or service delivery in community colleges or training programs could be challenged in state or federal court.
Example:
A claim that a college disproportionately denies ABS services to non-English speakers could trigger investigation and judicial review.
🔸 3. Judicial Review of Administrative Actions
Final decisions of HECC or CCWD are subject to judicial review by the Oregon Court of Appeals.
Courts review agency actions for:
Statutory authority
Procedural compliance
Substantial evidence
Abuse of discretion
🧑⚖️ Hypothetical Case Examples
Case 1: Community College X v. HECC
Issue: A college challenges the reduction of state aid due to low student completion rates.
Outcome: Court upholds HECC’s formula under performance-based funding, ruling that the agency acted within statutory authority and followed proper procedures.
Case 2: Career School A v. CCWD
Issue: A private career school’s license is revoked after complaints about misleading advertising and failure to refund tuition.
Outcome: Court finds due process was followed, with sufficient evidence of violations, and upholds the revocation.
Case 3: Student B v. Adult Education Provider
Issue: A student with a disability alleges denial of reasonable accommodation in a GED program.
Outcome: Court finds that the program must comply with ADA requirements, including individualized assessment and accommodation, and remands for reconsideration.
📊 Summary Table
| Area | Regulatory Focus | Legal Context |
|---|---|---|
| Community College Oversight | Funding, curriculum, performance accountability | APA compliance, funding equity |
| Adult Basic Skills (ABS) & GED | ESL, literacy, high school equivalency | Civil rights, procedural fairness |
| Career and Technical Education | Industry-aligned programs, standards | Labor alignment, program integrity |
| Workforce Development (WIOA) | Job training, apprenticeships, youth programs | Federal-state compliance, anti-discrimination |
| Private Career Schools | Licensing, advertising, tuition refunds | Due process, consumer protection |
✅ Conclusion
OAR Chapter 589 empowers the Higher Education Coordinating Commission’s Office of Community Colleges and Workforce Development to regulate, fund, and oversee a wide array of educational and job-training programs in Oregon. These rules aim to align post-secondary education with workforce needs, uphold educational quality, and ensure access and equity.
The framework is designed to be transparent, performance-driven, and legally robust, and any adverse agency decisions can be reviewed under the Oregon Administrative Procedures Act for fairness and legality
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