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 2539
Senate Bill 621
Sponsored by Senator AVAKIAN; Senator WALKER, Representatives
BUCKLEY, KOMP
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 as
introduced.
Specifies that 80 percent of students enrolled in public
charter school be residents of school district within which
school is located.
Specifies percentage of students within school district that
may be enrolled in public charter schools. Allows school district
to waive limitation.
Specifies that sponsor is employer of public charter school
employees for purposes of collective bargaining. Requires public
charter schools to employ only teachers and administrators who
are licensed by Teacher Standards and Practices Commission.
Exempts existing public charter schools from requirements.
Declares emergency, effective July 1, 2007.
A BILL FOR AN ACT
Relating to public charter schools; creating new provisions;
amending ORS 338.025, 338.115, 338.125, 338.135, 342.125 and
342.173; 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, 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) - } { + (q) + }.
SECTION 2. ORS 338.115 is amended to read:
338.115. (1) Statutes and rules that apply to school district
boards, school districts or other public schools do not apply to
public charter schools. However, the following laws do apply to
public charter schools:
(a) Federal law;
(b) ORS 192.410 to 192.505 (public records law);
(c) ORS 192.610 to 192.690 (public meetings law);
(d) ORS 297.405 to 297.555 and 297.990 (Municipal Audit Law);
(e) ORS 181.534, 181.539, 326.603, 326.607 and 342.232
(criminal records checks);
(f) ORS 337.150 (textbooks);
(g) ORS 339.141, 339.147 and 339.155 (tuition and fees);
(h) ORS 659.850 and 659.855 (discrimination);
(i) ORS 30.260 to 30.300 (tort claims);
(j) Health and safety statutes and rules;
(k) Any statute or rule that is listed in the charter;
(L) The statewide assessment system developed by the Department
of Education for mathematics, science and English under ORS
329.485 (1);
(m) ORS 329.045 (academic content standards and instruction);
(n) Any statute or rule that establishes requirements for
instructional time provided by a school during each day or during
a year;
(o) ORS 339.250 (12) (prohibition on infliction of corporal
punishment);
(p) ORS 339.370, 339.372 and 339.375 (reporting of child
abuse);
{ + (q) ORS 342.173 (teacher and administrator
licensing); + } and
{ - (q) - } { + (r) + } This chapter.
(2) Notwithstanding subsection (1) of this section, a charter
may specify that statutes and rules that apply to school district
boards, school districts and other public schools may apply to a
public charter school.
(3) If a statute or rule applies to a public charter school,
then the terms 'school district' and 'public school' include
public charter school as those terms are used in that statute or
rule.
(4) A public charter school may not violate the Establishment
Clause of the First Amendment to the United States Constitution
or section 5, Article I of the Oregon Constitution, or be
religion based.
(5) A public charter school shall maintain an active enrollment
of at least 25 students.
(6) A public charter school may sue or be sued as a separate
legal entity.
(7) The sponsor, members of the governing board of the sponsor
acting in their official capacities and employees of a sponsor
acting in their official capacities are immune from civil
liability with respect to all activities related to a public
charter school within the scope of their duties or employment.
(8) A public charter school may enter into contracts and may
lease facilities and services from a school district, education
service district, state institution of higher education, other
governmental unit or any person or legal entity.
(9) A public charter school may not levy taxes or issue bonds
under which the public incurs liability.
(10) A public charter school may receive and accept gifts,
grants and donations from any source for expenditure to carry out
the lawful functions of the school.
(11) The school district in which the public charter school is
located shall offer a high school diploma, certificate,
Certificate of Initial Mastery or Certificate of Advanced Mastery
to any public charter school student who meets the district's and
state's standards for a high school diploma, certificate,
Certificate of Initial Mastery or Certificate of Advanced
Mastery. If the school district offers a Certificate of Initial
Mastery subject area endorsement to students who attend school in
the district, then the school district shall offer the
endorsement to any public charter school student who meets the
district's and state's standards for the endorsement.
(12) A high school diploma, certificate, Certificate of Initial
Mastery, Certificate of Initial Mastery subject area endorsement
or Certificate of Advanced Mastery issued by a public charter
school grants to the holder the same rights and privileges as a
high school diploma, certificate, Certificate of Initial Mastery,
Certificate of Initial Mastery subject area endorsement or
Certificate of Advanced Mastery issued by a nonchartered public
school.
(13) Prior to beginning operation, the public charter school
shall show proof of insurance to the sponsor as specified in the
charter.
(14) A public charter school may receive services from an
education service district in the same manner as a nonchartered
public school in the school district in which the public charter
school is located.
SECTION 3. 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. - }
{ + (b) Notwithstanding paragraph (a) of this subsection, at
least 80 percent of the students enrolled in a public charter
school shall be residents of the school district within which the
public charter school is located.
(3)(a) The total number of students enrolled in public charter
schools located in a school district may not be more than 10
percent of the total number of students enrolled in all public
schools in the school district.
(b) A school district board may waive the requirements of
paragraph (a) of this subsection. + }
{ - (3) - } { + (4) + }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) - } { + (5) + } 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 4. { + The amendments to ORS 338.125 by section 3 of
this 2007 Act first apply to the 2007-2008 school year. + }
SECTION 5. ORS 338.135 is amended to read:
338.135. (1) Employee assignment to a public charter school
shall be voluntary.
(2) A public charter school or the sponsor of the public
charter school may be considered the employer of any employees of
the public charter school. If a school district board is not the
sponsor of the public charter school, the school district board
shall not be the employer of the employees of the public charter
school and the school district board may not collectively bargain
with the employees of the public charter school. The public
charter school governing body shall control the selection of
employees at the public charter school.
(3) The school district board of the school district within
which the public charter school is located shall grant a leave of
absence to any employee who chooses to work in the public charter
school. The length and terms of the leave of absence shall be set
by negotiated agreement or by board policy. However, the length
of the leave of absence may not be less than two years unless:
(a) The charter of the public charter school is terminated or
the public charter school is dissolved or closed during the leave
of absence; or
(b) The employee and the school district board have mutually
agreed to a different length of time.
(4) An employee of a public charter school operating within a
school district who is granted a leave of absence from the school
district and returns to employment with the school district shall
retain seniority and benefits as an employee pursuant to the
terms of the leave of absence. Notwithstanding ORS 243.650 to
243.782, a school district that was the employer of an employee
of a public charter school not operating within the school
district may make provisions for the return of the employee to
employment with the school district.
(5) For purposes of ORS chapters 238 and 238A, a public charter
school shall be considered a public employer and as such shall
participate in the Public Employees Retirement System.
(6) For teacher licensing, employment experience in public
charter schools shall be considered equivalent to experience in
public schools.
{ + (7) Pursuant to ORS 342.173, any person employed as an
administrator or as a teacher in a public charter school shall be
licensed by the Teacher Standards and Practices Commission. + }
{ - (7)(a) - } { + (8)(a) This subsection shall apply only
to public charter schools that had a charter with a sponsor on
the effective date of this 2007 Act.
(b) + } Notwithstanding { + subsection (7) of this section
and + } ORS 342.173, a public charter school may employ as an
administrator a person who is not licensed by the Teacher
Standards and Practices Commission.
{ - (b) - } { + (c) + } Any person employed as a teacher in
a public charter school shall be licensed or registered to teach
by the Teacher Standards and Practices Commission.
{ - (c) - } { + (d) + } Notwithstanding paragraph { - (a)
or - } (b) { + or (c) + } of this subsection, at least one-half
of the total full-time equivalent (FTE) teaching and
administrative staff at the public charter school shall be
licensed by the commission pursuant to ORS 342.135, 342.136,
342.138 or 342.140.
{ - (8) - } { + (9)(a) + } Notwithstanding ORS 243.650, a
public charter school { + that had a charter with a sponsor on
the effective date of this 2007 Act + } shall be considered a
school district for purposes of ORS 243.650 to 243.782. An
employee of a public charter school may be a member of a labor
organization or organize with other employees to bargain
collectively. Bargaining units at the public charter school may
be separate from other bargaining units of the sponsor or of the
school district in which the public charter school is located.
Employees of a public charter school may be part of the
bargaining units of the sponsor or of the school district in
which the public charter school is located.
{ + (b) Notwithstanding subsection (2) of this section, an
employee of a public charter school that did not have a charter
with a sponsor on the effective date of this 2007 Act shall be
considered to be an employee of the sponsor for purposes of ORS
243.650 to 243.782. + }
{ - (9) - } { + (10) + } A school district or the State
Board of Education may not waive the right to sponsor a public
charter school in a collective bargaining agreement.
SECTION 6. ORS 342.125 is amended to read:
342.125. (1) Teaching licenses shall be issued and renewed by
the Teacher Standards and Practices Commission by the authority
of the State of Oregon, subject to ORS 342.120 to 342.430 and the
rules of the commission.
(2) Subject to subsection (4) of this section, teaching
licenses shall be of the following types:
(a) Basic teaching license.
(b) Standard teaching license.
(c) Administrative license.
(d) Restricted teaching license.
(3) Subject to ORS 342.130 and to subsection (4) of this
section and in addition to the teaching licenses described in
subsection (2) of this section, licenses shall be of the
following types:
(a) Initial teaching license.
(b) Continuing teaching license.
(c) Initial personnel service license.
(d) Continuing personnel service license.
(e) Initial administrative license.
(f) Continuing administrative license.
(4) The Teacher Standards and Practices Commission may
establish other types of teaching licenses as it considers
necessary for operation of the public schools of the state and
may prescribe the qualifications for the licenses. However, no
license established under the authority of this subsection is
required for a regular classroom teaching position in the public
schools.
(5)(a) The Teacher Standards and Practices Commission shall
establish a public charter school teacher registry { + for
teachers who are employed by public charter schools that had a
charter with a sponsor on the effective date of this 2007
Act + }. The commission shall require the applicant and the
public charter school to jointly submit an application requesting
registration as a public charter school teacher. The application
shall include:
(A) A description of the specific teaching position the
applicant will fill;
(B) A description of the background of the applicant that is
relevant to the teaching position, including any post-secondary
education or other experience; and
(C) Documentation as required by the commission for the
purposes of conducting a criminal records check as provided in
ORS 181.534 and a background check through an interstate
clearinghouse of revoked and suspended licenses.
(b) Subject to the results of the criminal records check and
background check, the commission shall approve the application
for registration. The commission may deny a request for
registration only on the basis of the criminal records check or
the background check through an interstate clearinghouse of
revoked and suspended licenses. The registration is valid for
three years and may be renewed upon joint application from the
teacher and the public charter school.
(c) A registration as a public charter school teacher qualifies
its holder to accept the teaching position described in the
application in the public charter school that submitted the
application with the holder of the registration.
(6) The Teacher Standards and Practices Commission shall adopt
an expedited process for the issuance of any license established
pursuant to this section. The process may require a school
district superintendent or school district board and the
applicant to jointly submit an application requesting an
emergency license. Within two working days after receiving a
completed application the commission shall issue the emergency
license. However, the commission may limit the number of
applications for expedited service from a school district or
education service district to not more than 100 applications in a
period of two working days. For purposes of this subsection, the
commission may not distinguish between a school district or
education service district involved in a labor dispute and any
other school district or education service district.
SECTION 7. ORS 342.173 is amended to read:
342.173. (1) Any school district which employs any person not
properly licensed by the Teacher Standards and Practices
Commission and assigned in accordance with the terms specified by
the person's license shall forfeit in State School Fund moneys
due the district an amount determined by the Teacher Standards
and Practices Commission to not exceed the amount of the salary
paid to the person for the time during which the person is
employed. The forfeiture shall be effective unless:
(a) Such assignments are made with justification satisfactory
to the Teacher Standards and Practices Commission.
(b) The teacher is employed by a post-secondary institution
accredited by the Northwest Association of Schools and Colleges
which has a contract with a school district under which the
teacher is teaching at the high school level. The contract shall
be approved annually by the State Board of Education under rules
adopted by the board, including criteria for a teacher's
qualifications under subparagraph (C) of this paragraph. The
contract shall:
(A) Be for a specific instructional assignment for which the
district does not have appropriately licensed personnel either on
staff or available to be placed on staff after a reasonably
diligent search;
(B) Be approved annually by the governing boards of the
post-secondary institution and the school district including a
written determination that appropriately licensed personnel have
not become available since the previous contract for the
assignment;
(C) Provide evidence that the teacher's qualifications are
appropriate for the assignment;
(D) Allow the teacher to teach no more than two high school
units of credit or the equivalent per year; and
(E) Not be valid during a school closure, strike or summer
session.
(c) The person is teaching a live, interactive distance
learning course originating outside the state.
(2) A school district shall be required under subsection (1) of
this section to forfeit not more than $1,000 of State School Fund
moneys due the district if the license has lapsed during the time
of employment with the district and the holder had at the time
the license expired all the qualifications necessary to renew the
license.
(3) Notwithstanding subsections (1) and (2) of this section, a
school district employing unlicensed staff members in positions
requiring licensed personnel during the time of a labor dispute
shall forfeit in State School Fund moneys an amount equal to the
daily salary rate multiplied by the number of teaching days for
each unlicensed teaching employee during the entire labor
dispute.
(4) If the State Board of Education finds a contract to be in
violation of the provisions of subsection (1)(b) of this section,
the board shall report the violation to the Teacher Standards and
Practices Commission which shall proceed as provided in
subsection (1) of this section.
(5) Any education service district { + , or a public charter
school, as defined in ORS 338.005, that did not have a charter
with a sponsor on the effective date of this 2007 Act, + } that
employs any person not properly licensed by the Teacher Standards
and Practices Commission and assigned in accordance with the
terms specified in the person's license shall pay from its funds
an amount determined by the Teacher Standards and Practices
Commission not to exceed the amount of salary paid to the person
for the time during which the person was employed. The payment
shall be required unless the assignment is made with
justification satisfactory to the commission. All amounts
received under this subsection shall be credited to the State
School Fund.
(6) An education service district { + or public charter
school + } shall be required under subsection (5) of this section
to pay a penalty of not more than $1,000 if the license has
lapsed during the time of employment with the district and the
holder had at the time the license expired all the qualifications
necessary to renew the license.
(7) Subject to any applicable collective bargaining agreement,
an education service district { + or public charter school + }
required to pay any penalty under subsection (6) of this section
is entitled to recover one-half of the amounts paid from the
licensed personnel whose unlicensed status caused the payment.
Recovery shall not exceed one-half of the amount paid that is
attributable to the licensed person.
(8) The Teacher Standards and Practices Commission shall notify
districts { + and public charter schools + } of the licensing
expiration dates of their employees who are reported to the
commission. The reporting shall be done in a manner specified by
the commission.
(9) Subject to any applicable collective bargaining agreement,
a district required to forfeit any State School Fund moneys under
subsection (2) of this section is entitled to recover one-half of
the amounts forfeited from the licensed personnel whose
unlicensed status caused the forfeiture. Recovery shall not
exceed one-half of the amount forfeited that is attributable to
the particular licensed person.
(10) A school district { + , + } { - or - } education
service district { + or public charter school + } that assigns a
teacher to be present in the classroom during a live, interactive
distance learning presentation shall not be subject to the
forfeiture described in subsection (1) of this section solely
because the assignment does not conform to the terms specified on
the license of the teacher.
SECTION 8. { + 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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