75th OREGON LEGISLATIVE ASSEMBLY--2009 Regular Session
SA to SB 767
LC 2866/SB 767-19
SENATE AMENDMENTS TO
SENATE BILL 767
By COMMITTEE ON EDUCATION AND GENERAL GOVERNMENT
May 1
On page 1 of the printed bill, line 2, delete 'and' and delete
'338.025,'.
In line 3, after '338.045,' delete the rest of the line and
insert '338.055, 338.065, 338.095 and 338.105; and declaring an
emergency.'.
Delete lines 5 through 27 and delete pages 2 through 6 and
insert:
' { + 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) 'Remote and necessary school district' means a school
district that offers kindergarten through grade 12 and has:
' (a) An average daily membership (ADM), as defined in ORS
327.006, in the prior fiscal year of less than 110; and
' (b) A school that is located, by the nearest traveled road,
more than 20 miles from the nearest school or from a city with a
population of more than 5,000.
' (4) '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.
' { + (5)(a) 'Virtual public charter school' means a public
charter school that provides online courses.
' (b) 'Virtual public charter school' does not include a public
charter school that primarily serves students in a physical
location. + }
' { + SECTION 2. + } ORS 338.035 is amended to read:
' 338.035. (1) A public charter school may be established:
' (a) As a new public school;
' { + (b) As a virtual public charter school;
' + } { - (b) - } { + (c) + } From an existing public school
or a portion of the school; or
' { - (c) - } { + (d) + } 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) A school in a school district that is composed of only
one school; and
' (B) A school in a school district that is a remote and
necessary school district on the date the school first begins
operation as a public charter 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 3. + } { + The amendments to ORS 338.035 by
section 2 of this 2009 Act apply to all public charter schools
operating in this state prior to, on or after the effective date
of this 2009 Act. + }
' { + SECTION 4. + } ORS 338.045 is amended to read:
' 338.045. (1) An applicant seeking to establish a public
charter school shall submit a written proposal to a school
district board.
' (2) The proposal shall include, but need not be limited to:
' (a) The identification of the applicant;
' (b) The name of the proposed public charter school;
' (c) A description of the philosophy and mission of the public
charter school;
' (d) A description of the curriculum of the public charter
school;
' (e) A description of the expected results of the curriculum
and the verified methods of measuring and reporting objective
results that will show the growth of knowledge of students
attending the public charter school and allow comparisons with
public schools;
' (f) The governance structure of the public charter school;
' (g) The projected enrollment to be maintained and the ages or
grades to be served;
' (h) The target population of students the public charter
school will be designed to serve;
' (i) A description of any distinctive learning or teaching
techniques to be used in the public charter school;
' (j) The legal address, facilities and physical location of
the public charter school, if known;
' (k) A description of admission policies and application
procedures;
' (L) The statutes and rules that shall apply to the public
charter school;
' (m) The proposed budget and financial plan for the public
charter school and evidence that the proposed budget and
financial plan for the public charter school are financially
sound;
' { + (n) A description of the financial management systems
for the public charter school and a plan for having the financial
management systems in place at the time the school begins
operating; + }
' { - (n) - } { + (o) + } The standards for behavior and the
procedures for the discipline, suspension or expulsion of
students;
' { - (o) - } { + (p) + } The proposed school calendar for
the public charter school, including the length of the school day
and school year;
' { - (p) - } { + (q) + } A description of the proposed
staff members and required qualifications of teachers at the
public charter school;
' { - (q) - } { + (r) + } The date upon which the public
charter school would begin operating;
' { - (r) - } { + (s) + } The arrangements for any necessary
special education and related services provided pursuant to ORS
338.165 for children with disabilities who may attend the public
charter school;
' { - (s) - } { + (t) + } Information on the manner in which
community groups may be involved in the planning and development
process of the public charter school;
' { - (t) - } { + (u) + } The term of the charter;
' { - (u) - } { + (v) + } The plan for performance bonding
or insuring the public charter school, including buildings and
liabilities;
' { - (v) - } { + (w) + } A proposed plan for the placement
of public charter school teachers, other school employees and
students of the public charter school upon termination or
nonrenewal of a charter;
' { - (w) - } { + (x) + } The manner in which the program
review and fiscal audit will be conducted; and
' { - (x) - } { + (y) + } In the case of an existing public
school being converted to charter status:
' (A) The alternative arrangements for students who choose not
to attend the public charter school and for teachers and other
school employees who choose not to participate in the public
charter school; and
' (B) The relationship that will exist between the public
charter school and its employees, including evidence that the
terms and conditions of employment have been addressed with
affected employees and their recognized representative, if any.
' (3) In addition to the requirements of subsection (2) of this
section, the school district board may require any additional
information the board considers relevant to the formation or
operation of a public charter school.
' (4) At the request of the applicant, the school district
board may provide technical assistance in developing the proposal
for operation of the public charter school.
' (5) School districts, education service districts and other
public bodies, as defined in ORS 174.109, shall make available to
the public lists of vacant and unused public buildings and
portions of buildings that may be suitable for the operation of a
public charter school. The lists shall be provided to developing
or operating public charter schools within 30 days of a written
request. Nothing in this subsection requires the owner of a
building on the list to sell or lease the building or any portion
of the building to a public charter school or a public charter
school governing body.
' { + SECTION 5. + } ORS 338.055 is amended to read:
' 338.055. (1) Within 60 days of receipt of a proposal
submitted under ORS 338.045, the school district board shall hold
a public hearing on the provisions of the proposal.
' (2) The school district board shall evaluate a proposal in
good faith using the following criteria:
' (a) The demonstrated, sustainable support for the public
charter school by teachers, parents, students and other community
members, including comments received at the public hearing held
under subsection (1) of this section;
' (b) The demonstrated financial stability of the public
charter school { + , including the demonstrated ability of the
school to have a sound financial management system in place at
the time the school begins operating + };
' (c) The capability of the applicant, in terms of support and
planning, to provide comprehensive instructional programs to
students pursuant to an approved proposal;
' (d) The capability of the applicant, in terms of support and
planning, to specifically provide, pursuant to an approved
proposal, comprehensive instructional programs to students
identified by the applicant as academically low achieving;
' (e) The extent to which the proposal addresses the
information required in ORS 338.045;
' (f) Whether the value of the public charter school is
outweighed by any directly identifiable, significant and adverse
impact on the quality of the public education of students
residing in the school district in which the public charter
school will be located;
' (g) Whether there are arrangements for any necessary special
education and related services for children with disabilities
pursuant to ORS 338.165; and
' (h) Whether there are alternative arrangements for students
and for teachers and other school employees who choose not to
attend or who choose not to be employed by the public charter
school.
' (3) The school district board must approve a proposal or
state in writing the reasons for disapproving a proposal within
30 days after the public hearing held under subsection (1) of
this section.
' (4) Written notice of the school district board's action
shall be sent to the applicant. If the proposal is not approved,
the reasons for the denial and suggested remedial measures, if
any, shall be clearly stated in the notice sent by the school
district board to the applicant. If the proposal is not approved,
the applicant may amend the proposal to address objections and
any suggested remedial measures and resubmit the proposal to the
school district board. The school district board shall approve or
disapprove the resubmitted proposal within 20 days after
receiving it. If the proposal is not approved, the applicant may
appeal the decision of the school district board to the State
Board of Education.
' (5) Individual elements in a public charter school proposal
may be changed through the proposal and chartering process.
' (6) A proposal to convert an existing public school to a
public charter school must be approved by the school district
board of the public school.
' (7) The school district board or the State Board of Education
shall not charge any fee to applicants for the proposal process.
' (8) Upon request by a school district, the State Board of
Education may grant an extension of any timeline required by this
section if the district has good cause for requesting the
extension.
' { + SECTION 6. + } { + The amendments to ORS 338.045 and
338.055 by sections 4 and 5 of this 2009 Act apply to proposals
submitted on or after the effective date of this 2009 Act. + }
' { + SECTION 7. + } { + Section 8 of this 2009 Act is added
to and made a part of ORS chapter 338. + }
' { + SECTION 8. + } { + (1) In addition to any other
requirements of this chapter for a public charter school, a
virtual public charter school must have:
' (a) 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) Performance criteria the school will use to measure the
progress of the school in meeting the academic performance goals
set by the school for its first five years of operation.
' (c) A plan for implementing the proposed education program of
the school by directly and significantly involving parents and
guardians of students enrolled in the school and involving the
professional employees of the school.
' (d) A budget, business plan and governance plan for the
operation of the school.
' (e) An agreement that the school will operate using an
interactive Internet-based technology platform that monitors and
tracks student progress and attendance in conjunction with
performing other student assessment functions.
' (f) Notwithstanding ORS 338.135 (7), an agreement 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).
' (g) A plan for maintaining student records and school
records, including financial records, at a designated central
office of operations.
' (h) A plan to provide equitable access to the education
program of 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 education program
provided by the school; or
' (C) Has access to and use of computer and printer equipment
and is offered Internet service cost reimbursement.
' (i) A plan to provide access to computer and printer
equipment and the Internet service cost reimbursement as
described in paragraph (h) 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.).
' (j) A plan to provide each student enrolled in the school
with the materials required to complete lessons, including
textbooks and educational materials in:
' (A) English; or
' (B) The native language of the student if the student is
learning English as a second language or if the student does not
have ready access to an instructor or mentor who reads and speaks
English.
' (k) A plan to 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.
' (L) A plan to conduct biweekly meetings between teachers and
students enrolled in the school, either in person or through the
use of conference calls or other technology.
' (m) A plan to provide opportunities for face-to-face meetings
between teachers and students enrolled in the school at least six
times each school year.
' (2) If a virtual public charter school enters into a contract
with a third-party entity to provide educational services for the
virtual public charter school, the virtual public charter school
must have on file the third-party entity's budget for the
provision of educational services and that budget must itemize:
' (a) The salaries of supervisory and management personnel and
consultants who are providing educational or related services for
a public charter school in this state; and
' (b) The annual operating expenses and profit margin of the
third-party entity for providing educational services to a public
charter school in this state.
' (3)(a) The sponsor of a virtual public charter school or a
member of the public may request access to any of the documents
described in subsections (1) and (2) of this section.
' (b) Upon request by a sponsor or a member of the public, a
virtual public charter school must provide reasonable access to
the documents described in subsections (1) and (2) of this
section. The documents may be provided electronically. + }
' { + SECTION 9. + } { + Section 8 of this 2009 Act applies
to all virtual public charter schools established in this state
prior to, on or after the effective date of this 2009 Act. + }
' { + SECTION 10. + } ORS 338.065 is amended to read:
' 338.065. (1) Upon approval of a proposal by a school district
board under ORS 338.055, the school district board shall become
the sponsor of the public charter school. The sponsor and
applicant shall develop a written charter that contains the
provisions of the proposal that have been duly approved by the
sponsor and public charter school governing body. The sponsor and
the applicant may agree to change elements of the proposal prior
to incorporating them into the charter or exclude elements of the
proposal from the charter. The charter, when duly executed by the
sponsor and the public charter school governing body, shall act
as the legal authorization for the establishment of the public
charter school. The charter shall be legally binding on both the
sponsor and the public charter school governing body.
' (2) The sponsor and the public charter school governing body
may amend a charter by joint agreement.
' (3)(a) The initial charter shall be in effect for a period of
not more than five years and shall be renewed upon the
authorization of the sponsor using the process established under
this section.
' (b) The first renewal of a charter shall be for the same time
period as the initial charter.
' (c) Subsequent renewals of a charter shall be for a minimum
of five years but may not exceed 10 years.
' (4)(a) The renewal of a charter shall use the process
required by this section.
' (b) The public charter school governing body shall submit a
written renewal request to the sponsor for consideration at least
180 days prior to the expiration of the charter.
' (c) Within 45 days after receiving a written renewal request
from a public charter school governing body, the sponsor shall
hold a public hearing regarding the request for renewal.
' (d) Within 10 days after the public hearing, the sponsor
shall notify the public charter school governing body of the
sponsor's intent about the renewal of the charter.
' (e) Within 20 days after the public hearing, the sponsor
shall approve the renewal of the charter or state in writing the
reasons for denying the renewal of the charter.
' (f) If the sponsor approves the renewal of the charter, the
sponsor and the public charter school governing body shall
negotiate a new charter within 90 days after the date on which
the sponsor approved the renewal of the charter unless the
sponsor and the public charter school governing body agree to an
extension of the time period.
' (g) If the sponsor does not renew the charter, the public
charter school governing body may address the reasons stated
under paragraph (e) of this subsection and any remedial measures
suggested by the sponsor and submit a revised request for renewal
to the sponsor.
' (h) Notwithstanding paragraphs (b) to (g) of this subsection,
a sponsor and a public charter school governing body may agree in
the charter of the school to a timeline for renewing the charter
that is different from the timeline required by paragraphs (b) to
(g) of this subsection.
' (5)(a) If the sponsor does not renew the charter based on the
revised request for renewal submitted under subsection (4)(g) of
this section, the public charter school governing body may appeal
the decision of the sponsor to the State Board of Education for a
review of whether the sponsor used the process required by this
section in denying the renewal of the charter.
' (b) If the board finds that the sponsor used the process
required by this section in denying the request for renewal, the
board shall affirm the decision of the sponsor. A public charter
school governing body may seek judicial review of an order of the
board pursuant to ORS 183.484.
' (c) If the board finds that the sponsor did not use the
process required by this section in denying the request for
renewal, the board shall order the sponsor to reconsider the
request for renewal.
' (d) If after reconsideration pursuant to paragraph (c) of
this subsection the sponsor does not renew the charter, the
public charter school governing body may seek judicial review of
an order of the sponsor pursuant to ORS 183.484.
' (e) If the board is the sponsor of a public charter school
and the board does not renew the charter based on the revised
request for renewal submitted under subsection (4)(g) of this
section, the public charter school governing body may seek
judicial review of an order of the board pursuant to ORS 183.484
for a review of whether the board used the process required by
this section in denying the request for renewal.
' (6)(a) The sponsor shall base the charter renewal decision on
a good faith evaluation of whether the public charter school:
' (A) Is in compliance with this chapter and all other
applicable state and federal laws;
' (B) Is in compliance with the charter of the public charter
school;
' (C) Is meeting or working toward meeting the student
performance goals and agreements specified in the charter or any
other written agreements between the sponsor and the public
charter school governing body;
' (D) Is fiscally stable { + and has used the sound financial
management system described in the proposal submitted under ORS
338.045 and incorporated into the written charter under this
section + }; and
' (E) Is in compliance with any renewal criteria specified in
the charter of the public charter school.
' (b) The sponsor shall base the renewal evaluation described
in paragraph (a) of this subsection primarily on a review of the
public charter school's annual performance reports, annual audit
of accounts and annual site visit and review as required by ORS
338.095 and any other information mutually agreed upon by the
public charter school governing body and the sponsor.
' { + SECTION 11. + } ORS 338.095 is amended to read:
' 338.095. (1) A public charter school shall report to the
sponsor and the State Board of Education at least annually on the
performance of the school and its students. A public charter
school shall disclose in its report information necessary to make
a determination of compliance with the requirements of this
chapter. The sponsor or the sponsor's designee at least annually
shall visit the public charter school site and review the public
charter school's compliance with the terms and provisions of the
charter.
' (2) The public charter school shall have an annual audit of
the accounts of the public charter school prepared in accordance
with the Municipal Audit Law, ORS 297.405 to 297.555 and 297.990.
{ - The annual audit - } { + After an audit, the
following + } shall be forwarded to the sponsor, the State Board
of Education and the Department of Education { + :
' (a) A copy of the annual audit;
' (b) Any statements from the public charter school that show
the results of all operations and transactions affecting the
financial status of the public charter school during the
preceding annual audit period for the school; and
' (c) A balance sheet containing a summary of the assets and
liabilities of the public charter school as of the closing date
of the preceding annual audit period for the school + }.
' (3) The State Board of Education may require public charter
schools to file reports with the Department of Education as
necessary to enable the department to gather information on
public charter schools for inclusion in the Oregon Report Card
issued pursuant to ORS 329.115.
' { + SECTION 12. + } 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.
' { + (f) Failure to maintain, for two or more consecutive
years, a sound financial management system described in the
proposal submitted under ORS 338.045 and incorporated into the
written charter under ORS 338.065. + }
' (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) 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.
' (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 13. + } { + The amendments to ORS 338.105 by
section 12 of this 2009 Act become operative on July 1, 2011. + }
' { + SECTION 14. + } { + (1) The President of the Senate
and the Speaker of the House of Representatives shall convene a
work group to ensure that this state provides appropriate access
to online learning through public charter schools.
' (2) The President of the Senate and the Speaker of the House
of Representatives shall jointly invite the members of the work
group, who may include:
' (a) Representatives of teachers and administrators of public
charter schools that provide online instruction;
' (b) Representatives of teachers, administrators and other
employees of public schools;
' (c) Representatives of district school boards;
' (d) Representatives of the Department of Education;
' (e) Representatives of the Senate and the House of
Representatives; and
' (f) Representatives of parents of students enrolled in a
public charter school that provides online instruction.
' (3) The work group shall consider:
' (a) Grades and ages to be served by public online education
through public charter schools;
' (b) Curriculum descriptions and accreditation or
certification standards of online programs offered through public
charter schools;
' (c) Accessibility of online programs and accommodations of
students to public charter schools that offer online instruction;
' (d) Methods of financing public charter schools that offer
online instruction;
' (e) Levels of funding for public charter schools that offer
online instruction;
' (f) Financial accountability of public charter schools that
offer online instruction;
' (g) Reporting of student outcomes and compliance with
academic accountability standards at public charter schools that
offer online instruction;
' (h) The use of teachers licensed by the Teacher Standards and
Practices Commission, the teaching standards and the frequency of
teacher contact at public charter schools that offer online
instruction;
' (i) Examples of school policies at a public charter school
that offers online instruction, including policies involving
online harassment, intimidation or bullying;
' (j) The method of offering online courses through school
districts and education service districts; and
' (k) Class sizes of online courses, including the
student-to-teacher ratio for the online courses.
' (4) The work group shall submit a report, and may include
recommendations for legislation, to the next session of the
Seventy-fifth Legislative Assembly that convenes in 2010. + }
' { + SECTION 15. + } { + Section 14 of this 2009 Act is
repealed on the date of the convening of the next regular
biennial legislative session. + }
' { + SECTION 16. + } { + Section 17 of this 2009 Act is
added to and made a part of ORS chapter 338. + }
' { + SECTION 17. + } { + Notwithstanding any other
provision of this chapter, the following moratorium is imposed:
' (1) A school district board or the State Board of Education
may not approve an application for a charter:
' (a) Pending on the effective date of this 2009 Act or
submitted on or after the effective date of this 2009 Act; and
' (b) For a virtual public charter school that would be
established in this state after the effective date of this 2009
Act.
' (2) A virtual public charter school established in this state
prior to the effective date of this 2009 Act may not increase the
number of students to which online instruction is provided, based
on the number of students to which online instruction was
provided on May 1, 2009. This section applies to all virtual
public charter schools established in this state prior to, on or
after the effective date of this 2009 Act unless:
' (a) Fifty percent or more of the students who attend the
virtual public charter school reside in the school district in
which the virtual public charter school is located, in which case
the number of students may increase until the students who reside
in the school district in which the virtual public charter school
is located make up less than 50 percent of the students of the
virtual public charter school; or
' (b) The virtual public charter school has been granted a
waiver by the State Board of Education under ORS 338.025 of the
provisions of ORS 338.125 and the school complies with the terms
of the waiver.
' (3) The State Board of Education may not approve a waiver of
any provision of this chapter under ORS 338.025 for a virtual
public charter school established in this state prior to, on or
after the effective date of this 2009 Act. This subsection
applies to requests for waivers for a virtual public charter
school that:
' (a) Are pending before the State Board of Education or first
submitted to the State Board of Education on or after the
effective date of this 2009 Act; or
' (b) Are granted on or after April 27, 2009, in which case the
waiver is immediately revoked. + }
' { + SECTION 18. + } { + Section 17 of this 2009 Act is
repealed on July 1, 2011. + }
' { + SECTION 19. + } { + This 2009 Act being necessary for
the immediate preservation of the public peace, health and
safety, an emergency is declared to exist, and this 2009 Act
takes effect on its passage. + } ' .
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