74th OREGON LEGISLATIVE ASSEMBLY--2007 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 1458
A-Engrossed
House Bill 2037
Ordered by the House May 7
Including House Amendments dated May 7
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
Presession filed (at the request of House Interim Committee on
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.
{ - Removes restriction on public charter schools offering
online courses that 50 percent or more of students in school must
reside in school district where school is located. - }
{ + Allows State Board of Education to waive specified
student residency requirement for virtual public charter school
or applicant if virtual public charter school or applicant meets
certain other requirements. Defines 'virtual public charter
school. '
Provides appeal mechanism if board denies waiver. Establishes
reporting requirements for virtual public charter school or
applicant that is granted waiver. + }
Declares emergency, effective July 1, 2007.
A BILL FOR AN ACT
Relating to public charter schools; creating new provisions;
amending ORS 338.005 and 338.025; 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 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.
{ + (4) 'Virtual public charter school' means a public
charter school that delivers a sequential program of instruction
from a teacher to a student primarily online in a virtual or
remote setting. + }
SECTION 2. 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 an
applicant + }, 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 (p).
SECTION 3. { + Sections 4 to 6 of this 2007 Act are added to
and made a part of ORS chapter 338. + }
SECTION 4. { + (1) Upon application by a virtual public
charter school or a virtual public charter school applicant, the
State Board of Education may waive the requirements of ORS
338.125 (2)(b) pursuant to ORS 338.025 if the virtual public
charter school or the virtual public charter school proposed by
the applicant meets the requirements of this section.
(2) Prior to granting a waiver, the board shall require the
virtual public charter school or applicant to:
(a) Have a plan for academic achievement that addresses how the
school will improve student learning and meet academic content
standards required by ORS 329.045;
(b) Have performance criteria the school will use to measure
the school's progress in meeting its academic performance goals
during its first five years of operation;
(c) Have a proposal for directly and significantly involving
parents and guardians of students enrolled in the school and the
school's professional employees in the implementation of the
proposed educational program;
(d) Provide to the State Board of Education, to the Department
of Education and to parents and guardians of students enrolled in
the school an annual report that describes the school's progress
in meeting its academic performance goals during the preceding
school year;
(e) Have a proposed budget, business plan and governance plan
for the operation of the school;
(f) Agree to operate using an interactive web-based technology
platform that monitors and tracks student progress and attendance
in conjunction with performing other student assessment
functions;
(g) Notwithstanding ORS 338.135 (7), agree to employ only
licensed teachers who are highly qualified as described in the
federal No Child Left Behind Act of 2001 (P.L. 107-110, 115 Stat.
1425);
(h) Maintain student records and school records, including
financial records, at a designated central office of operations;
(i) Ensure equitable access to the educational program provided
by the school by ensuring that each student enrolled in the
school:
(A) Has access to and use of computer and printer equipment as
needed;
(B) Is offered an Internet service cost reimbursement
arrangement under which the school reimburses the parent or
guardian of the student, at a rate set by the school, for the
costs of obtaining Internet service at the minimum connection
speed required to effectively access the educational program
provided by the school; or
(C) Has access to and use of computer and printer equipment and
is offered Internet service cost reimbursement;
(j) Ensure access to computer and printer equipment and the
Internet service cost reimbursement as described in paragraph (i)
of this subsection by students enrolled in the school who are
from families that qualify as low-income under Title I of the
federal Elementary and Secondary Education Act of 1965 (20 U.S.C.
6301 et seq.);
(k) Provide each student enrolled in the school with the
materials required to complete lessons, including:
(A) Textbooks; and
(B) Educational materials;
(L) Conduct school-sponsored optional educational events at
least six times each school year at locations selected to provide
convenient access to all students enrolled in the school who want
to participate;
(m) Conduct biweekly meetings between teachers and students
enrolled in the school, either in person or through the use of
conference calls or other technology;
(n) Provide opportunities for face-to-face meetings between
teachers and students enrolled in the school at least six times
each school year; and
(o) Be in compliance with the provisions of ORS 338.115 (1)(a)
to (p) and the provisions of this chapter that are not
specifically waived by the State Board of Education.
(3)(a) The State Board of Education shall send to the virtual
public charter school or applicant, within 10 days of the board's
decision, written notice of the board's decision regarding the
request for a waiver under this section. If the waiver is not
granted, the board shall provide the virtual public charter
school or applicant with the board's reasons for the denial and
specific requirements under subsection (2) of this section that
were not met by the school or applicant.
(b) If the waiver is not granted, the virtual public charter
school or applicant may amend its application for a waiver to
address any objections in the written notice within 30 days of
the date the school or applicant received written notice and may
submit the amended application to the board. + }
SECTION 5. { + A virtual public charter school that was
granted a waiver under section 4 of this 2007 Act, or a virtual
public charter school for which an applicant was granted a waiver
under section 4 of this 2007 Act shall report annually to the
State Board of Education. The report must include:
(1) The number of students enrolled in the school;
(2) The number of students who completed the courses in which
the students enrolled;
(3) The number of students who were enrolled in the school at
the end of the preceding school year;
(4) Demographic information, as required by the board, of
students enrolled in the school;
(5) The number of teachers employed by the school, including
the number of teachers who are highly qualified as described in
the federal No Child Left Behind Act of 2001 (P.L. 107-110, 115
Stat. 1425); and
(6) Information regarding the academic performance of students
enrolled in the school and whether the school met its academic
performance goals. + }
SECTION 6. { + (1) The requirements of ORS 338.125 (2)(b) do
not apply to a public charter school that was in operation on
September 2, 2005, until:
(a) The sponsor and public charter school governing board agree
to amend the school's charter; or
(b) The charter that was in effect on September 2, 2005, is
renewed.
(2) A virtual public charter school that is in operation on or
after the effective date of this 2007 Act may apply for a waiver
under section 4 of this 2007 Act. + }
SECTION 7. { + This 2007 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2007 Act takes effect July 1,
2007. + }
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