75th OREGON LEGISLATIVE ASSEMBLY--2009 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 2941
 
                         House Bill 2799
 
Sponsored by Representative GILMAN; Representatives ESQUIVEL,
  GILLIAM, HANNA, HUFFMAN, KRIEGER, OLSON, THATCHER, THOMPSON,
  WHISNANT, WINGARD (at the request of Mark Jeffery)
 
 
                             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.
 
  Limits to federal funds assets that revert to State Board of
Education when charter of public charter school is terminated or
public charter school dissolves and public charter school had
been existing public school.
 
                        A BILL FOR AN ACT
Relating to public charter schools; creating new provisions; and
  amending ORS 338.105.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 338.105 is amended to read:
  338.105. (1) During the term of a charter, the sponsor may
terminate the charter on any of the following grounds:
  (a) Failure to meet the terms of an approved charter or this
chapter.
  (b) Failure to meet the requirements for student performance
stated in the charter.
  (c) Failure to correct a violation of a federal or state law
that is described in ORS 338.115.
  (d) Failure to maintain insurance as described in the charter.
  (e) Failure to maintain financial stability.
  (2) If a charter is terminated under subsection (1) of this
section, the sponsor shall notify the public charter school
governing body at least 60 days prior to the proposed effective
date of the termination. The notice shall state the grounds for
the termination. The public charter school governing body may
request a hearing by the sponsor.
  (3) A public charter school governing body may appeal any
decision of a sponsor that is:
  (a) A school district board to the State Board of Education.
The State Board of Education shall adopt by rule procedures to
ensure a timely appeals process to prevent disruption of
students' education.
  (b) The State Board of Education to the circuit court pursuant
to ORS 183.484.
  (4)(a) Notwithstanding subsection (2) of this section, a
sponsor may terminate a charter immediately and close a public
charter school if the public charter school is endangering the
health or safety of the students enrolled in the public charter
school.
  (b) The public charter school governing body may request a
hearing from the sponsor on the termination of the charter under
this subsection. The sponsor shall hold a hearing within 10 days
after receiving the request.
  (c) The public charter school governing body may appeal a
decision of a sponsor under this subsection to the State Board of
Education. The State Board of Education shall hold a hearing
within 10 days after receiving the appeal request.
  (d) Throughout the appeals process, the public charter school
shall remain closed at the discretion of the sponsor unless the
State Board of Education orders the sponsor to open the public
charter school and not terminate the charter.
  (5) Termination of a charter shall not abridge the public
charter school's legal authority to operate as a private or
nonchartered public school.
  (6) { + (a) Except as provided in paragraph (b) of this
subsection, + } if a charter is terminated or a public charter
school is dissolved, the assets of the public charter school that
were purchased with public funds shall be given to the State
Board of Education. The State Board of Education may disburse the
assets of the public charter school to school districts or other
public charter schools.
   { +  (b) If a charter is terminated or a public charter school
is dissolved, a school district that converted an existing public
school, or a portion of an existing public school, to a public
charter school is required to give to the State Board of
Education only the assets of the public charter school that were
purchased with funds from the federal government for charter
school development. + }
  (7) A public charter school governing body may only terminate a
charter, dissolve or close a public charter school at the end of
a semester. If a charter is terminated by the public charter
school governing body or a public charter school is closed or
dissolved, the public charter school governing body shall notify
the sponsor at least 180 days prior to the proposed effective
date of the termination, closure or dissolution.
  SECTION 2.  { + The amendments to ORS 338.105 by section 1 of
this 2009 Act first apply to public charter schools that dissolve
on or after the effective date of this 2009 Act or that have a
charter that terminates on or after the effective date of this
2009 Act. + }
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