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
Senate Bill 767
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 as
introduced.
Prohibits State Board of Education from waiving residency
requirement for virtual public charter school. Limits attendance
of virtual public charter school to students in grades 7 through
12 unless specific requirements are met. Establishes criteria for
proposal submitted by applicant for virtual public charter
school.
Requires student to have approval of resident school district
before student attends public charter school in another school
district.
Prohibits State Board of Education from adopting rules that
have fiscal impact related to public charter schools unless rules
are adopted at legislative direction.
A BILL FOR AN ACT
Relating to public charter schools; creating new provisions; and
amending ORS 338.005, 338.025, 338.035, 338.045, and 338.125.
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) 'Virtual public charter school' means a public
charter school that provides online courses that constitute at
least 50 percent of a sequential program of instruction. + }
SECTION 2. ORS 338.025, as amended by section 13, chapter 50,
Oregon Laws 2008, is amended to read:
338.025. (1) The State Board of Education may adopt any rules
necessary for the implementation of this chapter { + that comply
with the requirements of this subsection + }. { - The rules - }
{ + A rule adopted as provided by this subsection:
(a) + } Shall follow the intent of this chapter { - . - }
{ + ; and
(b) May not impose a fiscal impact on a school district unless
the rule is adopted at the direction of the Legislative
Assembly. + }
(2) Upon application by a public charter school, the State
Board of Education may grant a waiver of any provision of this
chapter if the waiver promotes the development of programs by
providers, enhances the equitable access by underserved families
to the public education of their choice, extends the equitable
access to public support by all students or permits high quality
programs of unusual cost. The State Board of Education may not
waive any appeal provision in this chapter or any provision under
ORS 338.115 (1)(a) to (s) { + or 338.125 (2)(c) + }.
SECTION 3. ORS 338.025, as amended by section 8, chapter 839,
Oregon Laws 2007, and section 14, chapter 50, Oregon Laws 2008,
is amended to read:
338.025. (1) The State Board of Education may adopt any rules
necessary for the implementation of this chapter { + that comply
with the requirements of this subsection + }. { - The rules - }
{ + A rule adopted as provided by this subsection:
(a) + } Shall follow the intent of this chapter { - . - }
{ + ; and
(b) May not impose a fiscal impact on a school district unless
the rule is adopted at the direction of the Legislative
Assembly. + }
(2) Upon application by a public charter school, the State
Board of Education may grant a waiver of any provision of this
chapter if the waiver promotes the development of programs by
providers, enhances the equitable access by underserved families
to the public education of their choice, extends the equitable
access to public support by all students or permits high quality
programs of unusual cost. The State Board of Education may not
waive any appeal provision in this chapter or any provision under
ORS 338.115 (1)(a) to (t) { + or 338.125 (2)(c) + }.
SECTION 4. { + (1) The amendments to ORS 338.025 (1) by
sections 2 and 3 of this 2009 Act apply to rules adopted by the
State Board of Education on or after the effective date of this
2009 Act.
(2) The amendments to ORS 338.025 (2) by sections 2 and 3 of
this 2009 Act apply to requests for waivers submitted to the
State Board of Education on or after the effective date of this
2009 Act. + }
SECTION 5. 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 virtual public charter school may serve:
(a) Only students in grades 7 through 12; or
(b) Students in any grade if the virtual public charter school
provides online courses that:
(A) Constitute less than 50 percent of the curriculum for the
students;
(B) Are primarily provided at the site of a school that is not
a virtual public charter school; and
(C) Are used in conjunction with a program at a school that is
not a virtual public charter school. + }
{ - (2)(a) - } { + (3)(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) - } { + (4) + } 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) - } { + (5) + } 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) - } { + (6)(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) - } { + (7)(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) - } { + (8) + } 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 6. { + The amendments to ORS 338.035 by section 5 of
this 2009 Act apply to public charter schools that enter into a
charter or renew a charter on or after the effective date of this
2009 Act. + }
SECTION 7. 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) The standards for behavior and the procedures for the
discipline, suspension or expulsion of students;
(o) The proposed school calendar for the public charter school,
including the length of the school day and school year;
(p) A description of the proposed staff members and required
qualifications of teachers at the public charter school;
(q) The date upon which the public charter school would begin
operating;
(r) 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) Information on the manner in which community groups may be
involved in the planning and development process of the public
charter school;
(t) The term of the charter;
(u) The plan for performance bonding or insuring the public
charter school, including buildings and liabilities;
(v) 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) The manner in which the program review and fiscal audit
will be conducted; and
(x) 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 other criteria included in a proposal
submitted under subsection (1) of this section, an applicant that
submits a proposal for a virtual public charter school must
provide:
(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) An agreement to provide to the State Board of Education and
to the parents and guardians of students enrolled in the school
an annual report that describes the progress of the school in
meeting the academic performance goals set by the school for the
preceding school year.
(e) A proposed budget, business plan and governance plan for
the operation of the school.
(f) 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.
(g) 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).
(h) A plan for maintaining student records and school records,
including financial records, at a designated central office of
operations.
(i) 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.
(j) A plan to provide access to computer and printer equipment
and the Internet service cost reimbursement as described in
paragraph (i) 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.).
(k) A plan to provide each student enrolled in the school with
the materials required to complete lessons, including textbooks
and educational materials.
(L) 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.
(m) 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.
(n) 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.
(o) A proposal for how the school will comply with:
(A) The provisions of ORS 338.115 (1)(a) to (r); and
(B) The provisions of this chapter that are not specially
waived by the State Board of Education under ORS 338.025. + }
{ - (3) - } { + (4) + } In addition to the requirements of
{ - subsection (2) - } { + subsections (2) and (3) + } 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) - } { + (5) + } 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) - } { + (6) + } 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 8. { + The amendments to ORS 338.045 by section 7 of
this 2009 Act apply to proposals submitted on or after the
effective date of this 2009 Act. + }
SECTION 9. ORS 338.125, as amended by section 23, chapter 100,
Oregon Laws 2007, is amended to read:
338.125. (1) Student enrollment in a public charter school
shall be voluntary. All students who reside within the school
district where the public charter school is located are eligible
for enrollment at a public charter school. If the number of
applications from students who reside within the school district
exceeds the capacity of a program, class, grade level or
building, the public charter school shall select students through
an equitable lottery selection process. However, after a public
charter school has been in operation for one or more years, the
public charter school may give priority for admission to
students:
(a) Who were enrolled in the school in the prior year; or
(b) Who have siblings who are presently enrolled in the school
and who were enrolled in the school in the prior year.
(2)(a) { - If space is available - } A public charter school
may admit students who do not reside in the school district in
which the public charter school is located { - . - } { + if:
(A) Space is available; and
(B) Enrollment is necessary to meet a student's education needs
and interests.
(b) Before a student may enroll in a public charter school that
is not in the school district where the student is a resident,
the parent or guardian of the student must receive approval of
the resident school district and the attending school district.
Additionally, if the child is determined to be eligible for
special education under ORS 343.221 to 343.236 and 343.261 to
343.295, the parent or guardian of the student must receive the
approval of the Department of Education prior to the enrollment
of the student. + }
{ - (b) - } { + (c) + } Notwithstanding paragraph (a) of
this subsection, if a public charter school offers any online
courses as part of the curriculum of the school, then 50 percent
or more of the students who attend the public charter school must
reside in the school district in which the public charter school
is located.
(3) A public charter school may not limit student admission
based on race, religion, sex, sexual orientation, ethnicity,
national origin, disability, income level, proficiency in the
English language or athletic ability, but may limit admission to
students within a given age group or grade level.
(4) A public charter school may conduct fund-raising
activities. However, a public charter school may not require a
student to participate in fund-raising activities as a condition
of admission to the public charter school.
SECTION 10. { + The amendments to ORS 338.125 by section 9 of
this 2009 Act apply to students who first enroll in a public
charter school on or after the effective date of this 2009
Act. + }
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