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 2866
B-Engrossed
Senate Bill 767
Ordered by the Senate June 8
Including Senate Amendments dated May 1 and June 8
Sponsored by Senator DEVLIN, Representative BUCKLEY; Senators
BONAMICI, DINGFELDER, Representatives DEMBROW, KAHL, WITT (at
the request of Confederation of Oregon School Administrators,
American Federation of Teachers-Oregon, Oregon School Employees
Association, Oregon Education Association)
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 applicant that seeks to establish public charter
school to submit plan for school's financial management system to
school district board. Requires board to evaluate soundness of
applicant's plan and to evaluate school's use of plan upon
application for renewal of charter. Allows termination of charter
if school fails to maintain sound financial management system for
specified period of time.
Requires virtual public charter school to meet specified
criteria.
{ + Provides that for-profit entity, if virtual public
charter school or sponsor of virtual public charter school
contracts with entity to provide education services, may not be
employer of school employees. Creates exception. + }
{ - Directs President of Senate and Speaker of House of
Representatives to convene work group to ensure - }
{ + Establishes Online Learning Task Force for purpose of
ensuring appropriate + } access to online learning through public
charter schools. Sunsets
{ - work group - } { + task force + } on convening of next
regular biennial legislative session.
Imposes moratorium on approval of specified charters. Imposes
limits on virtual public charter school enrollment. Sunsets
moratorium and limits on July 1, 2011.
Declares emergency, effective on passage.
A BILL FOR AN ACT
Relating to public charter schools; creating new provisions;
amending ORS 338.005, 338.035, 338.045, 338.055, 338.065,
338.095, 338.105 and 338.135; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
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 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. + }
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 for a virtual public
charter school if the charter is:
(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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