75th OREGON LEGISLATIVE ASSEMBLY--2009 Regular Session
 
CCA to C-Eng. SB 767
 
LC 2866/SB 767-C56
 
               CONFERENCE COMMITTEE AMENDMENTS TO
                   C-ENGROSSED SENATE BILL 767
 
                             June 26
 
 
 
 
                         Amended Summary
  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.
  Exempts certain public charter schools from requirement that 50
percent or more of enrollment at public charter school that
offers online courses be composed of students who reside in
school district in which public charter school is located.
 { + Specifies that State Board of Education may waive
requirement if certain conditions are met.
  Prohibits virtual public charter school from increasing number
of students to whom online instruction is provided based on
number of students to whom online instruction was provided on May
1, 2009. Creates exceptions. + }
  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.
  Establishes Online Learning Task Force for purpose of ensuring
appropriate access to online learning through public charter
schools. Sunsets 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.
 
President Courtney:
  Your Conference Committee to whom was referred C-engrossed
Senate Bill 767, having had the same under consideration,
respectfully reports it back with the recommendation that the
Senate concur in the House amendments dated June 17 and that the
bill be amended as follows and repassed.
 
  On page 6 of the printed C-engrossed bill, delete lines 4
through 9.
  In line 10, delete '(k)' and insert '(j)'.
  In line 13, delete '(L)' and insert '(k)'.
  In line 15, delete '(m)' and insert '(L)'.
  On page 12, line 7, delete 'and'.
  After line 7, insert:
  ' (N) How to best serve students who are learning English as a
second language; and'.
  In line 8, delete '(N)' and insert '(O)'.
  On page 13, delete lines 8 through 45.
  On page 14, delete lines 1 and 2 and insert:
  '  { +  SECTION 17. + }  { + (1) As used in this section:
  ' (a) 'District student' means a student who resides in the
school district that is the sponsor of a virtual public charter
school.
  ' (b) 'Nondistrict student' means a student who does not reside
in the school district that is the sponsor of a virtual public
charter school.
  ' (2)(a) Notwithstanding any other provision of this chapter,
and based on the number of students to whom online instruction
was provided on May 1, 2009, a virtual public charter school may
not increase the number of students to whom online instruction is
provided. 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 are district students, in which
case the number of students receiving online instruction may
increase until the number of nondistrict students receiving
online instruction is no greater than 50 percent of the total
number of students receiving online instruction; 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 (2)(b), and the school complies with
the terms of the waiver.
  ' (b)(A) Notwithstanding the restrictions of paragraph (a) of
this subsection, a virtual public charter school may enroll a
sibling of a student if the student was enrolled in the virtual
public charter school on May 1, 2009, even if the virtual public
charter school is restricted from increasing the number of
students to whom online instruction is provided and only if the
virtual public charter school is in compliance with subparagraphs
(B) and (C) of this paragraph.
  ' (B) A student who is a sibling of a student who was enrolled
in the virtual public charter school on May 1, 2009, may enroll
in the virtual public charter school as provided in this
paragraph only if the enrollment is for the next academic term
during which a student may begin receiving online instruction.
  ' (C) A virtual public charter school that is restricted from
increasing the number of students to whom online instruction is
provided but that is able to enroll new students within the
limits of that restriction must first enroll students who are
siblings of students who were enrolled in the virtual public
charter school on May 1, 2009.
  ' (c) Notwithstanding the restrictions of paragraph (a) of this
subsection, a virtual public charter school that did not provide
online instruction to any students on May 1, 2009, may increase
the number of students to whom online instruction is provided
until the number of nondistrict students receiving online
instruction is no greater than 50 percent of the total number of
students receiving online instruction.
  ' (d)(A) Notwithstanding the restrictions of paragraph (a) of
this subsection and notwithstanding subsection (3) of this
section, a virtual public charter school may increase the number
of students to whom online instruction is provided if:
  ' (i) The virtual public charter school had students enrolled
on May 1, 2009;
  ' (ii) The enrollment of the virtual public charter school was
120 or fewer students on May 1, 2009; and
  ' (iii) The State Board of Education provides a waiver to the
virtual public charter school under ORS 338.025 of the
restrictions imposed by paragraph (a) of this subsection and the
requirements of ORS 338.125 (2)(b).
 
  ' (B) A waiver allowed under this paragraph may only allow a
virtual public charter school described in this paragraph to
increase, before July 1, 2011, the number of students to whom
online instruction is provided to 120 without violating the
provisions of this section or ORS 338.125 (2)(b). After the
virtual public charter school has enrolled 120 students,
enrollment of any additional students must comply with the
provisions of ORS 338.125 (2)(b).
  ' (3) Notwithstanding ORS 338.025, the State Board of Education
may not approve a waiver of ORS 338.125 (2)(b) 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.
  ' (4) A virtual public charter school that is in violation of
the provisions of ORS 338.125 (2)(b) may continue to operate as
long as the virtual public charter school is in compliance with
this section. + } ' .
 
                         /sRichard Devlin
                           Senator
 
                         /sFred Girod (Dissenting)
                           Senator
 
                         /sMark Hass
                           Senator
 
                         /sMichael Dembrow
                           Representative
 
                         /sSherrie Sprenger (Dissenting)
                           Representative
 
                         /sSara Gelser
                           Representative
                         ----------