71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
Enrolled
House Bill 3395
Sponsored by Representative HOPSON; Representatives BACKLUND,
NOLAN, Senators CASTILLO, STARR (at the request of Oregon
School Boards Association, Oregon Education Coalition, Oregon
Charter School Task Force)
CHAPTER ................
AN ACT
Relating to public charter schools; creating new provisions;
amending ORS 332.016, 338.025, 338.115, 338.125 and 339.250;
and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 332.016 is amended to read:
332.016. { - No - } { + (1) A + } person who is an employee
of a school district { - shall be eligible to - } { + may
not + } serve as a member of the district school board for the
district by which the employee is employed.
{ + (2) A person who is an employee of a public charter
school may not serve as a member of the district school board of
the district in which the public charter school that employs the
person is located. + }
SECTION 2. { + Notwithstanding ORS 332.016, a district school
board member who is a member on the effective date of this 2001
Act and who is not eligible to serve on the board because of the
amendments to ORS 332.016 by section 1 of this 2001 Act may
continue to serve on the board for the remainder of the member's
term of office. + }
SECTION 3. ORS 338.025 is amended to read:
338.025. (1) The State Board of Education may adopt any rules
necessary for the implementation of this chapter. The rules shall
follow the intent of this chapter.
(2) Upon application by a public charter school, the State
Board of Education may grant a waiver of any provision of this
chapter if the waiver promotes the development of programs by
providers, enhances the equitable access by underserved families
to the public education of their choice, extends the equitable
access to public support by all students or permits high quality
programs of unusual cost. The State Board of Education may not
waive any appeal provision in this chapter or any provision under
ORS 338.115 (1)(a) to { - (n) - } { + (o) + }.
SECTION 4. 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);
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(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;
{ + (o) ORS 339.250 (12) (prohibition on infliction of
corporal punishment); + } and
{ - (o) - } { + (p) + } 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) 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) A public charter school may not levy taxes or issue bonds
under which the public incurs liability.
(10) 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) 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) 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
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Initial Mastery or Certificate of Advanced Mastery issued by a
nonchartered public school.
(13) Prior to beginning operation, the public charter school
shall show proof of insurance to the sponsor as specified in the
charter.
{ + (14) A public charter school may receive services from an
education service district in the same manner as a nonchartered
public school in the school district in which the public charter
school is located. + }
SECTION 5. { + Section 6 of this 2001 Act is added to and made
a part of ORS chapter 338. + }
SECTION 6. { + For purposes of calculating the weighted
average daily membership (ADMw) of a public charter school, it
shall be assumed that the public charter school has the same
percentage of children in poverty families, as calculated under
ORS 327.013 (7)(a)(E)(i), as the school district in which the
public charter school is located. Based on this percentage, an
additional amount shall be added to the average daily membership
(ADM) of the public charter school. + }
SECTION 7. ORS 339.250 is amended to read:
339.250. (1) Public school students shall comply with rules for
the government of such schools, pursue the prescribed course of
study, use the prescribed textbooks and submit to the teachers'
authority.
(2) Pursuant to the written policies of a district school
board, an individual who is a teacher, administrator, school
employee or school volunteer may use reasonable physical force
upon a student when and to the extent the individual reasonably
believes it necessary to maintain order in the school or
classroom or at a school activity or event, whether or not it is
held on school property. The district school board shall adopt
written policies to implement this subsection and shall inform
such individuals of the existence and content of these policies.
(3) The district school board may authorize the discipline,
suspension or expulsion of any refractory student and may suspend
or expel any student who assaults or menaces a school employee or
another student. The age of a student and the past pattern of
behavior of a student shall be considered prior to a suspension
or expulsion of a student. As used in this subsection 'menace '
means by word or conduct the student intentionally attempts to
place a school employee or another student in fear of imminent
serious physical injury.
(4)(a) Willful disobedience, willful damage or injury to school
property, use of threats, intimidation, harassment or coercion
against any fellow student or school employee, open defiance of a
teacher's authority or use or display of profane or obscene
language is sufficient cause for discipline, suspension or
expulsion from school.
(b) District school boards shall develop policies on managing
students who threaten violence or harm in public schools. The
policies adopted by a school district shall include staff
reporting methods and shall require an administrator to consider:
(A) Immediately removing from the classroom setting any student
who has threatened to injure another person or to severely damage
school property.
(B) Placing the student in a setting where the behavior will
receive immediate attention, including, but not limited to, the
office of the school principal, vice principal, assistant
principal or counselor or a school psychologist licensed by the
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Teacher Standards and Practices Commission or the office of any
licensed mental health professional.
(C) Requiring the student to be evaluated by a licensed mental
health professional before allowing the student to return to the
classroom setting.
(c) The administrator shall notify the parent or legal guardian
of the student's behavior and the school's response.
(d) District school boards may enter into contracts with
licensed mental health professionals to perform the evaluations
required under paragraph (b) of this subsection.
(e) District school boards shall allocate any funds necessary
for school districts to implement the policies adopted under
paragraph (b) of this subsection.
(5) Expulsion of a student shall not extend beyond one calendar
year and suspension shall not extend beyond 10 school days.
(6)(a) Notwithstanding subsection (5) of this section, a school
district shall have a policy that requires the expulsion from
school for a period of not less than one year of any student who
is determined to have:
(A) Brought a weapon to a school, to school property under the
jurisdiction of the district or to an activity under the
jurisdiction of the school district;
(B) Possessed, concealed or used a weapon in a school or on
school property or at an activity under the jurisdiction of the
district; or
(C) Brought to or possessed, concealed or used a weapon at an
interscholastic activity administered by a voluntary organization
approved by the State Board of Education under ORS 339.430.
(b) The policy shall allow an exception for courses, programs
and activities approved by the school district that are conducted
on school property, including but not limited to hunter safety
courses, Reserve Officer Training Corps programs, weapons-related
sports or weapons-related vocational courses. In addition, the
State Board of Education may adopt by rule additional exceptions
to be included in school district policies.
(c) The policy shall allow a superintendent to modify the
expulsion requirement for a student on a case-by-case basis.
(d) The policy shall require a referral to the appropriate law
enforcement agency of any student who is expelled under this
subsection.
(e) For purposes of this subsection, 'weapon' includes a:
(A) 'Firearm' as defined in 18 U.S.C. 921;
(B) 'Dangerous weapon' as defined in ORS 161.015; or
(C) 'Deadly weapon' as defined in ORS 161.015.
(7) The Department of Education shall collect data on any
expulsions required pursuant to subsection (6) of this section
including:
(a) The name of each school;
(b) The number students expelled from each school; and
(c) The types of weapons involved.
(8) Notwithstanding ORS 336.010, a school district may require
a student to attend school during nonschool hours as an
alternative to suspension.
(9) Unless a student is under expulsion for an offense that
constitutes a violation of a school district policy adopted
pursuant to subsection (6) of this section, a school district
board shall consider and propose to the student prior to
expulsion or leaving school, and document to the parent, legal
guardian or person in parental relationship, alternative programs
of instruction or instruction combined with counseling for the
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student that are appropriate and accessible to the student in the
following circumstances:
(a) When a student is expelled pursuant to subsection (4) of
this section;
(b) Following a second or subsequent occurrence within any
three-year period of a severe disciplinary problem with a
student;
(c) When it has been determined that a student's attendance
pattern is so erratic that the student is not benefiting from the
educational program; or
(d) When a parent or legal guardian applies for a student's
exemption from compulsory attendance on a semiannual basis as
provided in ORS 339.030 (2).
(10) A school district board may consider and propose to a
student who is under expulsion or to a student prior to expulsion
for an offense that constitutes a violation of a school district
policy adopted pursuant to subsection (6) of this section, and
document to the parent, legal guardian or person in parental
relationship, alternative programs of instruction or instruction
combined with counseling for the student that are appropriate and
accessible to the student.
(11) Information on alternative programs provided under
subsections (9) and (10) of this section shall be in writing. The
information need not be given to the student and the parent,
guardian or person in parental relationship more often than once
every six months unless the information has changed because of
the availability of new programs.
(12)(a) The authority to discipline a student does not
authorize the infliction of corporal punishment. Every
resolution, bylaw, rule, ordinance or other act of a district
school board { + , a public charter school + } or { - of - }
the Department of Education that permits or authorizes the
infliction of corporal punishment upon a student is void and
unenforceable.
(b) As used in this subsection, 'corporal punishment' means the
willful infliction of, or willfully causing the infliction of,
physical pain on a student.
(c) As used in this subsection, 'corporal punishment' does not
mean:
(A) The use of physical force authorized by ORS 161.205 for the
reasons specified therein; or
(B) Physical pain or discomfort resulting from or caused by
participation in athletic competition or other such recreational
activity, voluntarily engaged in by a student.
SECTION 8. ORS 338.125 is amended to read:
338.125. (1) Student enrollment in a public charter school
shall be voluntary. All students who reside within the school
district where the public charter school is located are eligible
for enrollment at a public charter school. If the number of
applications from students who reside within the school district
exceeds the capacity of a program, class, grade level or
building, the public charter school shall select students through
an equitable lottery selection process. However, after a public
charter school has been in operation for one or more years, the
public charter school may give priority for admission to
students:
(a) Who were enrolled in the school in the prior year; or
(b) Who have siblings who are presently enrolled in the school
and who were enrolled in the school in the prior year.
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(2) If space is available a public charter school may admit
students who do not reside in the school district in which the
public charter school is located.
(3) A public charter school may not limit student admission
based on ethnicity, national origin, { + race, religion, + }
disability, gender, income level, proficiency in the English
language or athletic ability, but may limit admission to students
within a given age group or grade level.
(4) A public charter school may conduct fund-raising
activities. However, a public charter school shall not require a
student to participate in fund-raising activities as a condition
of admission to the public charter school.
SECTION 9. { + 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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Passed by House April 9, 2001
Repassed by House June 22, 2001
...........................................................
Chief Clerk of House
...........................................................
Speaker of House
Passed by Senate May 11, 2001
Repassed by Senate June 26, 2001
...........................................................
President of Senate
Enrolled House Bill 3395 (HB 3395-BCCA) Page 6
Received by Governor:
......M.,............., 2001
Approved:
......M.,............., 2001
...........................................................
Governor
Filed in Office of Secretary of State:
......M.,............., 2001
...........................................................
Secretary of State
Enrolled House Bill 3395 (HB 3395-BCCA) Page 7