71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
 
NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .
 
LC 3787
 
                         House Bill 3242
 
Sponsored by Representative BARNHART; Representatives ACKERMAN,
  BACKLUND, MARCH, MONNES ANDERSON, MORRISETTE, NELSON, T SMITH,
  STARR
 
 
                             SUMMARY
 
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
 
  Adds financial ability of applicant to establish and operate
public charter school to list of criteria used by school district
board and State Board of Education to evaluate public charter
school proposal. Allows school district board and State Board of
Education to use consumer report of applicant or potential
charter school governing board member in evaluation of proposal
for public charter school.
 
                        A BILL FOR AN ACT
Relating to evaluation of proposal for public charter school;
  creating new provisions; and amending ORS 338.055.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 338.055 is amended to read:
  338.055. (1) Within 60 days of receipt of a proposal submitted
under ORS 338.045, the school district board shall hold a public
hearing on the provisions of the proposal.
  (2) The school district board shall evaluate a proposal in good
faith using the following criteria:
  (a) The demonstrated, sustainable support for the public
charter school by teachers, parents, students and other community
members, including comments received at the public hearing held
under subsection (1) of this section;
  (b) The demonstrated financial stability of the public charter
school { +  and the financial ability of the applicant or a
public charter school governing board member to establish and
operate a public charter school + };
  (c) The capability of the applicant, in terms of support and
planning, to provide comprehensive instructional programs to
students pursuant to an approved proposal;
  (d) The capability of the applicant, in terms of support and
planning, to specifically provide, pursuant to an approved
proposal, comprehensive instructional programs to students
identified by the applicant as academically low achieving;
  (e) The extent to which the proposal addresses the information
required in ORS 338.045;
  (f) Whether the value of the public charter school is
outweighed by any directly identifiable, significant and adverse
impact on the quality of the public education of students
 
residing in the school district in which the public charter
school will be located;
  (g) Whether there are arrangements for any necessary special
education and related services for children with disabilities
pursuant to ORS 338.165; and
  (h) Whether there are alternative arrangements for students and
for teachers and other school employees who choose not to attend
or who choose not to be employed by the public charter school.
  (3) The school district board must approve a proposal or state
in writing the reasons for disapproving a proposal within 30 days
after the public hearing held under subsection (1) of this
section.
  (4) Written notice of the school district board's action shall
be sent to the applicant. If the proposal is not approved, the
reasons for the denial and suggested remedial measures, if any,
shall be clearly stated in the notice sent by the school district
board to the applicant. If the proposal is not approved, the
applicant may amend the proposal to address objections and any
suggested remedial measures and resubmit the proposal to the
school district board. The school district board shall approve or
disapprove the resubmitted proposal within 20 days after
receiving it. If the proposal is not approved, the applicant may
appeal the decision of the school district board to the State
Board of Education.
  (5) Individual elements in a public charter school proposal may
be changed through the application and chartering process.
  (6) A proposal to convert an existing public school to a public
charter school must be approved by the school district board of
the public school.
   { +  (7)(a) In the evaluation of a proposal for a public
charter school, a school district board or the State Board of
Education may require, request and receive a consumer report
furnished by a consumer reporting agency regarding an applicant's
or potential public charter school governing board member's
creditworthiness, credit standing, credit capacity, debts,
character, general reputation, personal characteristics or mode
of living.
  (b) As used in this subsection, 'consumer report' and '
consumer reporting agency' have the meaning given those terms in
the federal Fair Credit Reporting Act (15 U.S.C. 1681a et
seq.). + }
    { - (7) - }  { +  (8) + } The school district board or the
State Board of Education shall not charge any fee to applicants
for the application process.
    { - (8) - }  { +  (9) + } Upon request by a school district,
the State Board of Education may grant an extension of any
timeline required by this section if the district has good cause
for requesting the extension.
  SECTION 2.  { + The amendments to ORS 338.055 by section 1 of
this 2001 Act first apply to public charter school proposals
submitted to a school district board on or after the effective
date of this 2001 Act. + }
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