73rd OREGON LEGISLATIVE ASSEMBLY--2005 Regular Session
Enrolled
Senate Bill 1071
Sponsored by Senator DEVLIN; Senator WALKER
CHAPTER ................
AN ACT
Relating to education; creating new provisions; amending ORS
338.125; appropriating money; and declaring an emergency.
Whereas meeting the educational needs of children in our
state's schools is of the greatest importance to the future
welfare of Oregon; and
Whereas closing the achievement gap between minority and
nonminority students, and between economically disadvantaged
students and their more advantaged peers, is a significant and
present challenge; and
Whereas providing a broader range of educational options
through technology may help students in our state improve and
accelerate their academic achievement; and
Whereas many of our school districts currently lack the
capacity to provide a wide variety of course choices and
experience teacher shortages in several subject areas; and
Whereas online courses may better meet students' needs for
specific courses with additional flexibility; and
Whereas offering courses online has a potential impact on
students throughout the state and requires a state plan and
infrastructure; now, therefore,
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + (1) There is created the Oregon Virtual School
District within the Department of Education. The purpose of the
Oregon Virtual School District is to provide online courses to
kindergarten through grade 12 public school students.
(2) The Oregon Virtual School District shall provide online
courses that meet academic content standards as defined in ORS
329.007 and meet other criteria adopted by the State Board of
Education. Any person who teaches an online course must be
properly licensed or registered as required by ORS 338.135 and
342.173 for a person employed by a school district or public
charter school. All school districts and public charter schools
may allow students to access the online courses offered by the
Oregon Virtual School District.
(3) The Superintendent of Public Instruction may contract with
education service districts, school districts, public charter
schools, community colleges, state institutions of higher
education or any other public entity to provide online courses
through the Oregon Virtual School District.
(4) Statutes and rules that apply to other school districts do
not apply to the Oregon Virtual School District except as
provided under this section or by rule of the State Board of
Enrolled Senate Bill 1071 (SB 1071-C) Page 1
Education. The Oregon Virtual School District is not considered a
school district for purposes of apportionment of the State School
Fund and the department may not receive a direct apportionment
under ORS 327.008 from the State School Fund for the Oregon
Virtual School District.
(5) The board may adopt the rules necessary for the
administration of the Oregon Virtual School District and shall
adopt rules to establish:
(a) The procedure and criteria to be used for the selection of
online courses to be offered through the Oregon Virtual School
District;
(b) The qualifications of students who may access online
courses through the Oregon Virtual School District;
(c) The number of credits for which students may access online
courses through the Oregon Virtual School District; and
(d) The student-to-teacher ratio for online courses offered
through the Oregon Virtual School District. + }
SECTION 2. { + (1) Prior to September 1, 2006, the Department
of Education shall submit a progress report on the implementation
of the Oregon Virtual School District to the interim legislative
committees on education.
(2) Prior to March 1, 2007, the department shall submit a
progress report on the implementation of the Oregon Virtual
School District to the Seventy-fourth Legislative Assembly. + }
SECTION 3. { + (1) The Oregon Virtual School District Fund is
established in the State Treasury, separate and distinct from the
General Fund. Interest earned by the Oregon Virtual School
District Fund shall be credited to the fund. All moneys in the
fund are continuously appropriated to the Department of Education
for the administration of the Oregon Virtual School District
created under section 1 of this 2005 Act.
(2) Any moneys received by the department for the purpose of
the Oregon Virtual School District shall be deposited in the
fund. + }
SECTION 4. { + There is transferred to the Oregon Virtual
School District Fund from the State School Fund, for the biennium
beginning July 1, 2005, the amount of $2 million. + }
SECTION 5. 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.
(2) { + (a) + } 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.
{ + (b) Notwithstanding paragraph (a) of this subsection, if
a public charter school offers any online courses as part of the
curriculum of the school, then 50 percent or more of the students
who attend the public charter school must reside in the school
district in which the public charter school is located. + }
Enrolled Senate Bill 1071 (SB 1071-C) Page 2
(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 6. { + This 2005 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2005 Act takes effect July 1,
2005. + }
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Passed by Senate June 30, 2005
Repassed by Senate August 5, 2005
...........................................................
Secretary of Senate
...........................................................
President of Senate
Passed by House August 5, 2005
...........................................................
Speaker of House
Enrolled Senate Bill 1071 (SB 1071-C) Page 3
Received by Governor:
......M.,............., 2005
Approved:
......M.,............., 2005
...........................................................
Governor
Filed in Office of Secretary of State:
......M.,............., 2005
...........................................................
Secretary of State
Enrolled Senate Bill 1071 (SB 1071-C) Page 4