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
 
                         Minority Report
 
                           B-Engrossed
 
                         Senate Bill 767
                  Ordered by the Senate June 8
   Including Senate Amendments dated May 1 and Senate Minority
                             Report
                     Amendments dated June 8
 
Sponsored by nonconcurring members of the Senate Committee on
  Rules: Senators FERRIOLI, ATKINSON
 
 
                             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. - }
    { - Directs President of Senate and Speaker of House of
Representatives to convene work group to ensure access to online
learning through public charter schools. Sunsets work group 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. - }
   { +  Creates Oregon Online Education Task Force Relating to
Public Charter Schools for purpose of studying and identifying
provision of online course options and making recommendations for
the implementation of those options.
  Authorizes Department of Education to accept contributions and
assistance from specified sources. Directs moneys to be deposited
into Public Charter School Development Fund.  Continuously
appropriates deposited moneys to department for purposes related
to task force.
  Sunsets on convening of next regular or special session that
begins on or after January 1, 2010. + }
  Declares emergency, effective on passage.
 
                        A BILL FOR AN ACT
Relating to public charter schools; appropriating money; and
  declaring an emergency.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + (1) There is created the Oregon Online
Education Task Force Relating to Public Charter Schools,
consisting of 14 members appointed as follows:
  (a) The President of the Senate shall appoint two members from
among members of the Senate, one from the majority party and one
from the minority party.
  (b) The Speaker of the House of Representatives shall appoint
two members from among members of the House of Representatives,
one from the majority party and one from the minority party.
  (c) The President of the Senate and the Speaker of the House of
Representatives shall jointly appoint:
  (A) One member of the State Board of Education, as recommended
by the chairperson of the State Board of Education.
  (B) One representative from the Oregon School Employees
Association.
  (C) One representative from the Oregon Education Association.
  (D) One representative from the Oregon School Boards
Association.
  (E) One superintendent of an education service district, as
defined in ORS 334.003.
  (F) One representative of the Northwest Center for Educational
Options.
  (G) One principal of a virtual public charter school, as
defined in section 4 of this 2009 Act.
  (H) One superintendent of a school district, as defined in ORS
329.007, that currently sponsors a virtual public charter school.
  (I) One superintendent of a school district that does not
currently sponsor a virtual public charter school.
  (J) One parent of a student currently enrolled in an online
course provided at a public charter school.
  (2) The task force shall:
  (a) Study and identify the means to provide students in this
state with online course options that have critical curriculum
content and highly qualified instructors that are otherwise
unavailable.
  (b) Make recommendations to assist public charter schools in
developing the characteristics identified in ORS 329.025.
  (c) Make recommendations for providing public charter schools,
school districts and school district staff members with a public
website for posting and sharing professional development
information and school improvement opportunities related to
online instruction.
  (d) Make recommendations for administrative structures to:
  (A) Ensure adequate funding and reliable resource support for
online instruction.
  (B) Develop and implement policies and procedures to ensure
quality course content and instructional processes.
  (C) Provide oversight of:
  (i) Student portfolios;
  (ii) Subject and course certification;
  (iii) Teacher certification;
  (iv) Virtual public charter schools; and
  (v) Transfers of students from or to public charter schools
within or outside of a school district.
  (3) The task force may engage the assistance of additional
persons to provide expertise in an advisory capacity to the task
force in the performance of its duties and functions.
  (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 task force shall elect one of its members to serve as
chairperson.
  (7) If there is a vacancy for any cause, the appointing
authorities shall make an appointment to become immediately
effective.
  (8) The task force shall meet at times and places specified by
the call of the chairperson or of a majority of the members of
the task force.
  (9) The task force may adopt rules necessary for the operation
of the task force.
  (10) The task force shall submit a report, and may include
recommendations for legislation, to the legislative interim
committees on education no later than December 15, 2009.
  (11) The Department of Education shall provide staff support to
the task force.
  (12) Members of the task force who are not members of the
Legislative Assembly are not entitled to compensation or
reimbursement for expenses and serve as volunteers on the task
force.
  (13)(a) The Department of Education may accept contributions of
moneys and assistance from nonprofit organizations and agree to
conditions placed on the moneys not inconsistent with the duties
of the task force.
  (b) Moneys received by the department under this subsection,
and such other moneys as may otherwise be made available by law
to the task force, shall be deposited into the Public Charter
School Development Fund established under ORS 338.175. Interest
earned on the moneys deposited in the fund pursuant to this
subsection shall be credited to the fund for the benefit of the
task force. Moneys deposited in the fund under this subsection
are continuously appropriated to the department and shall be used
only for the performance of the functions and duties of the task
force. + }
  SECTION 2.  { + Section 1 of this 2009 Act is repealed on the
date the Legislative Assembly next convenes in a regular or
special session that begins on or after January 1, 2010. + }
  SECTION 3.  { + Section 4 of this 2009 Act is added to and made
a part of ORS chapter 338. + }
  SECTION 4.  { + (1) As used in this section, 'virtual public
charter school' means a public charter school that provides at
least 50 percent of its comprehensive educational program through
online instruction.
  (2) Notwithstanding any other provision of this chapter, on or
after the effective date of this 2009 Act, a school district
board or the State Board of Education may not approve a charter
for which the school district board or the State Board of
Education would become a sponsor of a virtual public charter
school. + }
  SECTION 5. { +  Section 4 of this 2009 Act is repealed on the
earlier of the date of adjournment sine die of the next regular
or special session of the Legislative Assembly that begins on or
after January 1, 2010. + }
  SECTION 6.  { + 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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