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 3587
A-Engrossed
House Bill 3243
Ordered by the House March 28
Including House Amendments dated March 28
Sponsored by Representative BARNHART; Representatives ACKERMAN,
MARCH, MONNES ANDERSON, MORRISETTE, NELSON, NOLAN, T SMITH,
STARR, ZAUNER
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.
Specifies that sponsor and members of governing board of
sponsor are not liable for debts of public charter school.
Specifies that payment for educational services discontinues if
public charter school is closed. { + Requires that minimum
payment by school district to charter school be based on
district's General Purpose Grant per extended weighted average
daily membership (ADMw). + }
Declares emergency, effective July 1, 2001.
A BILL FOR AN ACT
Relating to public charter schools; creating new provisions;
amending ORS 338.105, 338.115, 338.155 and 338.165; and
declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 338.105 is amended to read:
338.105. (1) During the term of a charter, the sponsor may
terminate the charter on any of the following grounds:
(a) Failure to meet the terms of an approved charter or this
chapter.
(b) Failure to meet the requirements for student performance
stated in the charter.
(c) Failure to correct a violation of a federal or state law
that is described in ORS 338.115.
(d) Failure to maintain insurance as described in the charter.
(e) Failure to maintain financial stability.
(2) If a charter is terminated under subsection (1) of this
section, the sponsor shall notify the public charter school
governing body at least 60 days prior to the proposed effective
date of the termination. The notice shall state the grounds for
the termination. The public charter school governing body may
request a hearing by the sponsor.
(3) A public charter school governing body may appeal any
decision of a sponsor that is:
(a) A school district board to the State Board of Education.
The State Board of Education shall adopt by rule procedures to
ensure a timely appeals process to prevent disruption of
students' education.
(b) The State Board of Education to the circuit court pursuant
to ORS 183.484.
(4)(a) Notwithstanding subsection (2) of this section, a
sponsor may terminate a charter immediately and close a public
charter school if the public charter school is endangering the
health or safety of the students enrolled in the public charter
school.
(b) The public charter school governing body may request a
hearing from the sponsor on the termination of the charter under
this subsection. The sponsor shall hold a hearing within 10 days
after receiving the request.
(c) The public charter school governing body may appeal a
decision of a sponsor under this subsection to the State Board of
Education. The State Board of Education shall hold a hearing
within 10 days after receiving the appeal request.
(d) Throughout the appeals process, the public charter school
shall remain closed at the discretion of the sponsor unless the
State Board of Education orders the sponsor to open the public
charter school and not terminate the charter.
(5) Termination of a charter shall not abridge the public
charter school's legal authority to operate as a private or
nonchartered public school.
(6) If a charter is terminated or a public charter school is
dissolved, the assets of the public charter school that were
purchased with public funds shall be given to the State Board of
Education. The State Board of Education may disburse the assets
of the public charter school to school districts or other public
charter schools.
(7) A public charter school governing body may only terminate a
charter, dissolve or close a public charter school at the end of
a semester. If a charter is terminated by the public charter
school governing body or a public charter school is closed or
dissolved, the public charter school governing body shall notify
the sponsor at least 180 days prior to the proposed effective
date of the termination, closure or dissolution.
{ + (8) A school district may not continue to pay a public
charter school for educational services under ORS 338.155 or
338.165 if the charter of the school is terminated or the school
is closed or dissolved. + }
SECTION 2. ORS 338.115 is amended to read:
338.115. (1) Statutes and rules that apply to school district
boards, school districts or other public schools shall not apply
to public charter schools. However, the following laws shall
apply to public charter schools:
(a) Federal law;
(b) ORS 192.410 to 192.505 (public records law);
(c) ORS 192.610 to 192.690 (public meetings law);
(d) ORS 297.405 to 297.555 and 297.990 (Municipal Audit Law);
(e) ORS 181.539, 326.603, 326.607 and 342.232 (criminal records
checks);
(f) ORS 337.150 (textbooks);
(g) ORS 339.141, 339.147 and 339.155 (tuition and fees);
(h) ORS 659.150 and 659.155 (discrimination);
(i) ORS 30.260 to 30.300 (tort claims);
(j) Health and safety statutes and rules;
(k) Any statute or rule that is listed in the charter;
(L) The statewide assessment system developed by the Department
of Education under ORS 329.485 (1);
(m) ORS 329.045 (1) (academic content areas);
(n) Any statute or rule that establishes requirements for
instructional time provided by a school during each day or during
a year; and
(o) This chapter.
(2) Notwithstanding subsection (1) of this section, a charter
may specify that statutes and rules that apply to school district
boards, school districts and other public schools may apply to a
public charter school.
(3) If a statute or rule applies to a public charter school,
then the terms 'school district' and 'public school' shall
include public charter school as those terms are used in that
statute or rule.
(4) A public charter school shall not violate the Establishment
Clause of the First Amendment to the United States Constitution
or section 5, Article I of the Oregon Constitution, or be
religion based.
(5) A public charter school shall maintain an active enrollment
of at least 25 students.
(6) A public charter school may sue or be sued as a separate
legal entity.
(7) The sponsor, members of the governing board of the sponsor
acting in their official capacity and employees of a sponsor
acting in their official capacity are immune from civil liability
with respect to all activities related to a public charter school
within the scope of their duties or employment.
{ + (8) The sponsor and members of the governing board of the
sponsor are not liable for any debt accrued by a public charter
school. + }
{ - (8) - } { + (9) + } A public charter school may enter
into contracts and may lease facilities and services from a
school district, education service district, state institution of
higher education, other governmental unit or any person or legal
entity.
{ - (9) - } { + (10) + } A public charter school may not
levy taxes or issue bonds under which the public incurs
liability.
{ - (10) - } { + (11) + } A public charter school may
receive and accept gifts, grants and donations from any source
for expenditure to carry out the lawful functions of the school.
{ - (11) - } { + (12) + } The school district in which the
public charter school is located shall offer a high school
diploma, certificate, Certificate of Initial Mastery or
Certificate of Advanced Mastery to any public charter school
student who meets the district's and state's standards for a high
school diploma, certificate, Certificate of Initial Mastery or
Certificate of Advanced Mastery.
{ - (12) - } { + (13) + } A high school diploma,
certificate, Certificate of Initial Mastery or Certificate of
Advanced Mastery issued by a public charter school shall grant to
the holder the same rights and privileges as a high school
diploma, certificate, Certificate of Initial Mastery or
Certificate of Advanced Mastery issued by a nonchartered public
school.
{ - (13) - } { + (14) + } Prior to beginning operation, the
public charter school shall show proof of insurance to the
sponsor as specified in the charter.
SECTION 3. ORS 338.155 is amended to read:
338.155. (1) Students of a public charter school shall be
considered to be residents of the school district in which the
public charter school is located for purposes of distribution of
the State School Fund.
(2) A school district shall contractually establish, with any
public charter school that is sponsored by the board of the
school district, payment for provision of educational services to
the public charter school's students. The payment shall equal an
amount per weighted average daily membership (ADMw) of the public
charter school that is at least equal to:
(a) Eighty percent of the amount of the school district's
General Purpose Grant per { + extended + } ADMw as calculated
under ORS 327.013 for students who are enrolled in kindergarten
through grade eight; and
(b) Ninety-five percent of the amount of the school district's
General Purpose Grant per { + extended + } ADMw as calculated
under ORS 327.013 for students who are enrolled in grades 9
through 12.
(3) A school district shall contractually establish, with any
public charter school that is sponsored by the State Board of
Education and within the boundaries of the school district,
payment for provision of educational services to the public
charter school's students. The payment shall equal an amount per
weighted average daily membership (ADMw) of the public charter
school that is at least equal to:
(a) Ninety percent of the amount of the school district's
General Purpose Grant per { + extended + } ADMw as calculated
under ORS 327.013 for students who are enrolled in kindergarten
through grade eight; and
(b) Ninety-five percent of the amount of the school district's
General Purpose Grant per { + extended + } ADMw as calculated
under ORS 327.013 for students who are enrolled in grades 9
through 12.
(4) The estimated amount of each school district's General
Purpose Grant per { + extended + } ADMw shall be determined each
year by the Department of Education and made available to all
school districts.
(5) The school district in which the public charter school is
located shall transfer an amount per weighted average daily
membership (ADMw) of the public charter school that is equal to
50 percent of the amount of the school district's General Purpose
Grant per { + extended + } ADMw as calculated under ORS 327.013
that is not paid to the public charter school through a contract
created pursuant to { - subsections - } { + subsection + }
(2) or (3) of this section to:
(a) Any school district in which the parent or guardian of or
person in parental relationship to a student of a public charter
school resides pursuant to ORS 339.133 and 339.134; or
(b) The Department of Education if the State Board of Education
is the sponsor of the public charter school.
(6) The department may use any money received under this
section for activities related to public charter schools.
(7) A school district and a public charter school may negotiate
to establish a payment for the provision of educational services
to the public charter school's students that is more than the
minimum amounts specified in subsection (2) or (3) of this
section.
(8) A school district shall send payment to a public charter
school based on a contract negotiated under this section within
10 days after receiving payments from the State School Fund
pursuant to ORS 327.095.
(9)(a) A public charter school may apply for any grant that is
available to school districts or nonchartered public schools from
the Department of Education. The department shall consider the
application of the public charter school in the same manner as an
application from a school district or nonchartered public school.
(b) The department shall award any grant that is available to
school districts based solely on the weighted average daily
membership (ADMw) { + or extended ADMw + } of the school
district directly to the public charter school. This paragraph
does not apply to any grant from the State School Fund.
SECTION 4. ORS 338.165 is amended to read:
338.165. (1) Notwithstanding ORS 338.155 (1), for purposes of
this section, the 'resident school district' of a student who is
eligible for special education and related services shall be the
school district in which the student's parent or guardian or
person in parental relationship to the student reside pursuant to
ORS 339.133 and 339.134.
(2) For students who attend public charter schools and are
eligible for special education and related services:
(a) The resident school district of the student shall be
responsible for providing any required special education and
related services to the student; and
(b) Amounts from the State School Fund for those students shall
be distributed through the resident school district pursuant to
this section.
(3) Notwithstanding ORS 338.155 (2), a resident school district
of a student who is eligible for special education and related
services shall contractually establish, with any public charter
school in which the student is enrolled, payment for provision of
special education and related services to the student. If a
student is enrolled in a public charter school and is eligible
for special education and related services an additional amount
shall be added to the ADM of the public charter school as
described in ORS 327.013 (7)(a)(A). The payment per ADMw in the
public charter school that is attributable to the student who is
eligible for special education and related services shall equal
an amount that is at least equal to:
(a) 40 percent of the amount of the school district's General
Purpose Grant per { + extended + } ADMw as calculated under ORS
327.013 for students who are enrolled in kindergarten through
grade eight; and
(b) 47.5 percent of the amount of the school district's General
Purpose Grant per { + extended + } ADMw as calculated under ORS
327.013 for students who are enrolled in grades 9 through 12.
(4) If the resident school district is not the sponsor of a
public charter school, the resident school district for each ADMw
that is attributable to a student enrolled in a public charter
school who is eligible for special education and related services
shall transfer five percent of the amount of the school
district's General Purpose Grant per { + extended + } ADMw as
calculated under ORS 327.013 to the sponsor of the public charter
school.
(5) Notwithstanding subsection (3) of this section, a school
district and a public charter school may negotiate on a
case-by-case basis for an alternative distribution of funds other
than the distribution prescribed by subsection (3) of this
section.
SECTION 5. { + The amendments to ORS 338.155 and 338.165 by
sections 3 and 4 of this 2001 Act affect distributions to public
charter schools commencing with the 2001-2002 school year. + }
SECTION 6. { + This 2001 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2001 Act takes effect July 1,
2001. + }
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