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 487
 
                           A-Engrossed
 
                         Senate Bill 214
                Ordered by the Senate February 13
          Including Senate Amendments dated February 13
 
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 Superintendent of Public
  Instruction Susan Castillo for Department 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.
 
  Requires public charter school operated by school district to
be nonprofit organization { +  unless school is in school
district of only one school + }.
  Declares emergency, effective July 1, 2007.
 
                        A BILL FOR AN ACT
Relating to public charter schools; creating new provisions;
  amending ORS 338.035; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. 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)(a) 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.
  (b) Notwithstanding paragraph (a) of this subsection, the
requirements of paragraph (a)(B) and (C) of this subsection do
not apply to a   { - public charter school that is operated by a
school district - }  { +  school in a school district that is
composed of only one school + }.
  (3) 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.
  (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)(a) One or more, but not all, schools in a school district
may become public charter schools.
  (b) Notwithstanding paragraph (a) of this subsection, 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 2.  { + The amendments to ORS 338.035 by section 1 of
this 2007 Act apply to a public charter school that:
  (1) First begins operation as a public charter school on or
after the effective date of this 2007 Act; or
  (2) Renews its charter on or after the effective date of this
2007 Act. + }
  SECTION 3.  { + 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. + }
                         ----------