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 2203
A-Engrossed
Senate Bill 596
Ordered by the Senate May 10
Including Senate Amendments dated May 10
Sponsored by Senator 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.
{ - Establishes - } { + Modifies + } process for school
{ - district - } to become public charter school
{ - district - } . { - Requires approval of State Board of
Education. Exempts public charter school district from statutes
and rules that apply to other districts. Provides exceptions. - }
{ + Declares emergency, effective on passage. + }
A BILL FOR AN ACT
Relating to education; creating new provisions; amending ORS
338.005, 338.035, 338.055, 338.065 and 338.075; and declaring
an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 338.005 is amended to read:
338.005. As used in this chapter, unless the context requires
otherwise:
(1) 'Applicant' means any person or group that develops and
submits a written proposal for a public charter school to a
sponsor.
(2) 'Public charter school' means an elementary or secondary
school offering { - a comprehensive - } { + an + }
instructional program operating under a written agreement entered
into between a sponsor and an applicant and operating pursuant to
this chapter.
(3) 'Sponsor' means:
(a) The board of the common school district or the union high
school district in which the public charter school is located
that has developed a written charter with an applicant to create
a public charter school.
(b) The State Board of Education pursuant to ORS 338.075.
{ + NOTE: + } Section 2 was deleted by amendment. Subsequent
sections were not renumbered.
SECTION 3. ORS 338.035 is amended to read:
338.035. (1) A public charter school may be established:
(a) As a new public school;
(b) From an existing public school or a portion of the school;
or
(c) From an existing alternative education program, as defined
in ORS 336.615.
(2) Before a public charter school may operate as a public
charter school it must:
(a) Be approved by a sponsor;
(b) Be established as a nonprofit organization under the laws
of Oregon; and
(c) Have applied to qualify as an exempt organization under
section 501(c)(3) of the Internal Revenue Code { + or have
otherwise received notification of tax exempt status from the
federal Internal Revenue Service as a charter school under a rule
adopted by the Internal Revenue Service and identified in rules
of the State Board of Education + }.
(3) { + (a) + } An applicant seeking to establish a public
charter school shall submit a proposal pursuant to ORS 338.045 to
the school district board of the school district within which the
public charter school will be located at least 120 days prior to
the date upon which the public charter school would begin
operating. However, it is recommended that an applicant consult
with the school district board prior to submitting a proposal.
{ + (b) Notwithstanding paragraph (a) of this subsection, a
school district may establish deadlines for the submission of
public charter school applications to ensure that applications
coincide with the budget cycle of the school district. Such
deadlines may not be prior to December 31 of the year before the
year in which the proposed public charter school will begin
operation. + }
(4) An applicant seeking to establish a public charter school
shall provide to the State Board of Education a copy of any
proposal submitted to a school district board under ORS 338.045
and a copy of any subsequent approval by the school district
board.
(5) All schools in a school district shall not become public
charter schools. However, a school in a school district that is
composed of only one school may become a public charter school.
(6)(a) A school district board or the State Board of Education
may not approve a public charter school proposal that authorizes
the conversion of any private school that is tuition based to a
public charter school.
(b) Notwithstanding paragraph (a) of this subsection, a school
district board or the State Board of Education may authorize the
conversion of an existing alternative education program, as
defined in ORS 336.615, to a public charter school.
(7) A school district board or the State Board of Education may
not approve a public charter school proposal that is affiliated
with a nonpublic sectarian school or a religious institution.
SECTION 4. 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;
(c) The capability of the applicant, in terms of support and
planning, to provide { - comprehensive - } instructional
programs to students pursuant to an approved proposal { + that
meet the requirements of the statewide assessment system under
ORS 329.485 (1) and requirements relating to the academic content
areas under ORS 329.045 (1) + };
(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 { + that meet the requirements of the statewide
assessment system under ORS 329.485 (1) and requirements relating
to the academic content areas under ORS 329.045 (1) + };
(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) { + In the case of a nonchartered public school converting
to charter status, + } 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) As a condition of approving a proposal for a
public charter school, a school district board or the State Board
of Education may not require, request or receive a consumer
report furnished by a consumer reporting agency regarding an
applicant or a member of a potential public charter school's
governing body. In addition, a school district board or the State
Board of Education may not require such a condition in the
charter of a public charter school.
(b) As used in this subsection, 'consumer report' and '
consumer reporting agency' have the meanings given those terms in
the federal Fair Credit Reporting Act (15 U.S.C. 1681a). + }
{ - (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 5. ORS 338.065 is amended to read:
338.065. (1) Upon approval of a proposal by a school district
board under ORS 338.055, the school district board shall become
the sponsor of the public charter school { + and the public
charter school is eligible to receive federal funds appropriated
to the state for the purposes of public charter school start-up
and implementation grants + }. The sponsor and applicant shall
develop a written charter that contains the provisions of the
proposal that have been duly approved by the sponsor and public
charter school governing body. The sponsor and the applicant may
agree to change elements of the proposal prior to incorporating
them into the charter or exclude elements of the proposal from
the charter. The charter, when duly executed by the sponsor and
the public charter school governing body, shall act as the legal
authorization for the establishment of the public charter school.
The charter shall be legally binding on both the sponsor and the
public charter school governing body. The charter shall be in
effect for a period of not more than five years and may be
renewed upon the authorization of the sponsor.
(2) The sponsor and the public charter school governing body
may amend a charter by joint agreement.
SECTION 6. ORS 338.075 is amended to read:
338.075. (1) If a school district board does not approve a
proposal to start a public charter school pursuant to ORS
338.055, the applicant may request that the State Board of
Education review the decision of the school district board.
(2) Upon receipt of a request for review, the State Board of
Education:
(a) Shall attempt to mediate a { + timely + } resolution
between the applicant and the school district board. { + The
parties shall mediate in good faith. Either the applicant or the
school district board may elect to terminate mediation by giving
notice to the other party and to the Superintendent of Public
Instruction. + }
(b) May recommend to the applicant and school district board
revisions to the application.
(c) If the school district board does not accept the revisions
to the application and the applicant agrees to the sponsorship,
may become the sponsor of the public charter school.
{ + (3) After termination of mediation, the applicant or the
school district board may request the State Board of Education to
become the sponsor of the public charter school. Unless both the
applicant and the school district board agree to an extension of
time, within 90 days after the State Board of Education has
received a sponsorship request, the State Board of Education
shall either become the sponsor of the public charter school
under subsection (2)(c) of this section or reject the proposal
under subsection (4) of this section. + }
{ - (3) - } { + (4) + } Upon receipt of a request for
review, in addition to actions described in subsection (2) of
this section and at any time during the review process, the State
Board of Education may reject a proposal to start a public
charter school based on the criteria listed in ORS 338.055 (2).
{ - (4) - } { + (5) + } An applicant may seek judicial
review of an order of the State Board of Education pursuant to
ORS 183.484. If the court finds that the decision of the State
Board of Education is not supported by substantial evidence in
the record, the court shall enter a judgement directing the State
Board of Education to sponsor the public charter school.
SECTION 7. { + (1) The amendments to ORS 338.035, 338.055 and
338.075 by sections 3, 4 and 6 of this 2001 Act shall first apply
to proposals for public charter schools received by a school
district board on or after the effective date of this 2001 Act.
(2) The amendments to ORS 338.055 and 338.065 by sections 4 and
5 of this 2001 Act shall first apply to charters for public
charter schools that are executed on or after the effective date
of this 2001 Act. + }
SECTION 8. { + 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 on its
passage. + }
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