75th OREGON LEGISLATIVE ASSEMBLY--2009 Regular Session
SA to A-Eng. SB 767
LC 2866/SB 767-A23
SENATE AMENDMENTS TO
A-ENGROSSED SENATE BILL 767
By COMMITTEE ON RULES
June 8
On page 1 of the printed A-engrossed bill, line 3, delete ' and
338.105' and insert ', 338.105 and 338.135'.
On page 9, delete lines 31 through 45 and insert:
' { + SECTION 13a. + } ORS 338.135 is amended to read:
' 338.135. (1) Employee assignment to a public charter school
shall be voluntary.
' (2) { + (a) + } A public charter school or the sponsor of the
public charter school { - may be - } { + is + } 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 - } { + may + }
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.
' { + (b) If a virtual public charter school or the sponsor
of a virtual public charter school contracts with a for-profit
entity to provide educational services through the virtual public
charter school, the for-profit entity may not be the employer of
any employees of the virtual 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)(a) Any person employed as an administrator in a public
charter school shall be licensed or registered to administer by
the Teacher Standards and Practices Commission.
' (b) Any person employed as a teacher in a public charter
school shall be licensed or registered to teach by the
commission.
' (c) Notwithstanding paragraph (a) or (b) 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) Notwithstanding ORS 243.650, a public charter school
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.
' (9) 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 13b. + } { + (1) Except as provided in
subsection (2) of this section, ORS 338.135 (2)(b) applies to all
virtual public charter schools operating in this state prior to,
on or after the effective date of this 2009 Act.
' (2) ORS 338.135 (2)(b) does not apply if a virtual public
charter school or sponsor of a virtual public charter school
entered into a contract with a for-profit entity prior to the
effective date of this 2009 Act and the contract provided for the
employment of employees of the virtual public charter school by
the for-profit entity. A contract described in this subsection
may not be extended or renewed. + }
' { + SECTION 13c. + } { + ORS 338.125 (2)(b) applies to all
public charter schools operating in this state prior to, on or
after the effective date of this 2009 Act unless:
' (1) A public charter school has been granted a waiver of the
provisions of ORS 338.125 (2)(b) by the State Board of Education
under ORS 338.025; and
' (2) The public charter school complies with the terms of the
waiver described in subsection (1) of this section. + }
' { + SECTION 14. + } { + (1) The Online Learning Task Force
is established for the purpose of ensuring that this state
provides appropriate access to online learning through public
charter schools.
' (2)(a) The President of the Senate and the Speaker of the
House of Representatives jointly shall appoint 13 members to the
task force as follows:
' (A) Three members of the Senate, of whom two represent the
majority party and one represents the minority party.
' (B) Three members of the House of Representatives, of whom
two represent the majority party and one represents the minority
party.
' (C) One member who represents the Department of Education.
' (D) One member who is a representative of public education
employees.
' (E) One member who is a representative of school
administrators.
' (F) One member who is a representative of school boards.
' (G) One member who represents education service districts.
' (H) One member who represents public charter schools.
' (I) One member who represents the Oregon University System.
' (b) All appointments to the task force made under this
subsection must be completed by July 15, 2009.
' (3) The task force shall:
' (a) Prepare a report that must address:
' (A) Grades and ages to be served by public online instruction
through public charter schools;
' (B) Curriculum descriptions and accreditation or
certification standards of online instruction offered through
public charter schools;
' (C) Accessibility of online instruction 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 instruction through school
districts and education service districts;
' (K) Class sizes of online courses, including the
student-to-teacher ratio for the online courses;
' (L) How to transition students currently enrolled in public
charter schools that offer online instruction to alternative
learning options, if necessary;
' (M) Methods to determine whether a school district is an
appropriate sponsor of a public charter school that provides
online instruction; and
' (N) Any other topic concerning the provision of high-quality
online instruction to students in this state and the
accessibility of online instruction by students attending public
schools in this state.
' (b) Prepare any necessary legislation based on the findings
made in the report described in paragraph (a) of this subsection.
' (4) A majority of the members of the task force constitutes a
quorum for the transaction of business.
' (5) Official action by the task force requires the approval
of a majority of the members of the task force.
' (6) The President of the Senate and the Speaker of the House
of Representatives shall jointly appoint one member of the Senate
who represents the majority party and one member of the House of
Representatives who represents the majority party to serve as
co-chairpersons of the task force.
' (7) If there is a vacancy for any cause, the appointing
authority shall make an appointment to become immediately
effective.
' (8) The task force shall meet at times and places specified
by:
' (a) The work plan developed as provided in subsection (11) of
this section;
' (b) The call of the co-chairpersons or of a majority of the
members of the task force; or
' (c) The President of the Senate and the Speaker of the House
of Representatives.
' (9) The task force may adopt rules necessary for the
operation of the task force.
' (10) For the first special session of the Legislative
Assembly occurring in 2010 or, if there is not a special session
in 2010, for the regular session of the Legislative Assembly
occurring in 2011, the task force shall presession file
legislation in the manner provided in ORS 171.130 for interim
committees. All legislation recommended by official action of the
task force must indicate that it is introduced at the request of
the task force.
' (11) No later than September 1, 2009, the co-chairpersons of
the task force shall develop and submit to the President of the
Senate and the Speaker of the House of Representatives a work
plan that describes the timeline of the activities of the task
force. The timeline must include the following:
' (a) At least four dates between August 1, 2009, and November
30, 2009, when the task force will meet.
' (b) The date when the task force will provide to the
legislative education committees the report described in
subsection (3) of this section and recommendations for
legislation. The date may be no later than December 15, 2009.
' (12) The Legislative Administrator may employ persons
necessary for the performance of the functions of the task force.
The Legislative Administrator shall fix the duties and amounts of
compensation of these employees. The task force shall use the
services of permanent legislative staff to the greatest extent
practicable.
' (13) All agencies of state government, as defined in ORS
174.111, are directed to assist the task force in the performance
of its duties and, to the extent permitted by laws relating to
confidentiality, to furnish such information and advice as the
members of the task force consider necessary to perform their
duties. + } ' .
On page 10, delete lines 1 through 21.
In line 28, after 'charter' insert 'for a virtual public
charter school if the charter is'.
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