72nd OREGON LEGISLATIVE ASSEMBLY--2003 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 821
 
                           A-Engrossed
 
                         Senate Bill 124
                 Ordered by the Senate April 28
           Including Senate Amendments dated April 28
 
Printed pursuant to Senate Interim Rule 213.28 by order of the
  President of the Senate in conformance with presession filing
  rules, indicating neither advocacy nor opposition on the part
  of the President (at the request of Department of Education and
  State Board of Education)
 
 
                             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.
 
  Allows public charter school applicant to request waiver of
charter school laws from State Board of Education. Upon request
for review, allows State Board of Education to direct school
district board to reconsider decision to not approve charter
school proposal.
  Declares emergency, effective July 1, 2003.
 
                        A BILL FOR AN ACT
Relating to public charter schools; creating new provisions;
  amending ORS 338.025 and 338.075; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. 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 { +  or by an
applicant as part of the development of an approved charter + },
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 (o).
   { +  (3) At least 10 days prior to submitting an application
for a waiver under subsection (2) of this section to the State
Board of Education, an applicant shall send a copy of the
application to the proposed sponsor of the public charter school
and, if a school district is not the proposed sponsor, to the
school district in which the public charter school will be
located. + }
  SECTION 2.  { + The amendments to ORS 338.025 by section 1 of
this 2003 Act first apply to applications for waivers that are
received by the State Board of Education on or after the
effective date of this 2003 Act. + }
  SECTION 3. 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 resolution between the applicant
and the school district board.
  (b) May recommend to the applicant and school district board
revisions to the   { - application - }  { +  proposal + }.
   { +  (c) May direct the school district board to reconsider
the proposal. The school district board shall reconsider the
proposal within 60 days after the school district board receives
the reconsideration order. If the school district board does not
approve the proposal upon reconsideration, the State Board of
Education may take any other action allowed under this
section. + }
    { - (c) - }  { +  (d) + } If the school district board does
not accept the revisions to the   { - application - }  { +
proposal + } and the applicant agrees to the sponsorship, may
become the sponsor of the public charter school.
  (3) 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 if the school
fails to meet the requirements of this chapter.
  (4) 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 judgment directing the State Board of Education to
sponsor the public charter school.
  SECTION 4.  { + The amendments to ORS 338.075 by section 3 of
this 2003 Act first apply to requests for reviews received by the
State Board of Education on or after the effective date of this
2003 Act. + }
  SECTION 5.  { + This 2003 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2003 Act takes effect July 1,
2003. + }
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