Chapter 338 — Public
Charter Schools
ORS sections in this chapter were
amended or repealed by the Legislative Assembly during its 2012 regular
session. See the table of ORS sections amended or repealed during the 2012
regular session: 2012 A&R Tables
2011 EDITION
PUBLIC CHARTER SCHOOLS
EDUCATION AND CULTURE
GENERAL PROVISIONS
338.005 Definitions
338.015 Legislative
intent; goals
338.025 Rules;
waiver of provisions of chapter; exceptions
FORMATION
338.035 Establishment
requirements; proposal submission timeline; prohibitions
338.045 Proposal
requirements; technical assistance; buildings
338.055 Approval
process; public hearing; evaluation criteria; notice of decision; fees prohibited;
timeline extensions
338.065 Terms
and form of charter; amendment of charter; renewal; appeal
338.075 Review
of school district board decision; sponsorship by State Board of Education or
institution of higher education; judicial review
338.080 Cooperative
agreement to provide educational services
OPERATION
338.095 Annual
report, visit and audit
338.105 Termination
of charter; appeal; rules; dissolution or closure of school
338.115 Applicability
of laws; restrictions; powers; student diplomas and alternative certificates
338.120 Additional
requirements for virtual public charter schools; access to documents
338.125 Student
enrollment; nonresident students; appeals; written notices
338.135 Employees;
licensure and registration requirements; collective bargaining; prohibition on
waiver of right to sponsor charter school
338.145 Responsibility
for student transportation services; costs
FUNDING
338.155 Distributions
of State School Fund amounts; grants available to charter schools
338.157 Adjusting
number of students for poverty level
338.165 Special
education students; payment for services
GENERAL PROVISIONS
338.005 Definitions.
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)
“Institution of higher education” means a community college operated under ORS
chapter 341, an institution of higher education listed in ORS 352.002 or the
Oregon Health and Science University.
(3)
“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.
(4)
“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.
(5)
“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.
(c)
An institution of higher education pursuant to ORS 338.075.
(6)(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. [1999 c.200 §2; 2007 c.575 §2;
2009 c.691 §1; 2011 c.695 §1]
Note:
Section 3, chapter 575, Oregon Laws 2007, provides:
Sec. 3. The
amendments to ORS 338.005 and 338.035 by sections 1 and 2 of this 2007 Act
apply to a public charter school that:
(1)
First begins operation as a public charter school on or after the effective
date of this 2007 Act [July 1, 2007]; or
(2)
Renews its charter on or after the effective date of this 2007 Act. [2007 c.575
§3]
338.010
[Amended by 1965 c.100 §153; renumbered 332.405]
338.015 Legislative intent; goals.
It is the intent of this chapter that new types of schools, called public
charter schools, be created as a legitimate avenue for parents, educators and
community members to take responsible risks to create new, innovative and more
flexible ways of educating children within the public school system. The
Legislative Assembly seeks to create an atmosphere in Oregon’s public school
system where research and development of new learning opportunities are
actively pursued. The provisions of this chapter should be interpreted
liberally to support the goals of this section and to advance a renewed
commitment by this state to the mission, goals and diversity of public
education. It is the intent that public charter schools may serve as models and
catalysts for the improvement of other public schools and the public school
system. The goals of public charter schools shall be to:
(1)
Increase student learning and achievement;
(2)
Increase choices of learning opportunities for students;
(3)
Better meet individual student academic needs and interests;
(4)
Build stronger working relationships among educators, parents and other
community members;
(5)
Encourage the use of different and innovative learning methods;
(6)
Provide opportunities in small learning environments for flexibility and
innovation, which may be applied, if proven effective, to other public schools;
(7)
Create new professional opportunities for teachers;
(8)
Establish additional forms of accountability for schools; and
(9)
Create innovative measurement tools. [1999 c.200 §1]
338.020
[Repealed by 1965 c.100 §456]
338.025 Rules; waiver of provisions of
chapter; exceptions. (1) The State Board of Education
may adopt any rules necessary for the implementation of this chapter. The rules
shall follow the intent of this chapter.
(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 (u),
338.120, 338.125 (4), 338.135 (2)(b) or 339.122. [1999 c.200 §13; 2001 c.810 §3;
2005 c.367 §5; 2007 c.575 §4; 2007 c.660 §4; 2008 c.50 §13; 2010 c.53 §4; 2010
c.72 §3; 2011 c.94 §4; 2011 c.649 §3; 2011 c.718 §26]
Note: The
amendments to 338.025 by section 8, chapter 839, Oregon Laws 2007, and section
14, chapter 50, Oregon Laws 2008, become operative July 1, 2017, and first
apply to the 2017-2018 school year. See section 9, chapter 839, Oregon Laws 2007,
and section 15, chapter 50, Oregon Laws 2008. The text that is operative on and
after July 1, 2017, including amendments by section 5, chapter 53, Oregon Laws
2010, section 4, chapter 72, Oregon Laws 2010, section 5, chapter 94, Oregon
Laws 2011, section 4, chapter 649, Oregon Laws 2011, and section 27, chapter
718, Oregon Laws 2011, is set forth for the user’s convenience.
338.025. (1)
The State Board of Education may adopt any rules necessary for the
implementation of this chapter. The rules shall follow the intent of this
chapter.
(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 (v),
338.120, 338.125 (4), 338.135 (2)(b) or 339.122.
338.030
[Repealed by 1965 c.100 §456]
FORMATION
338.035 Establishment requirements;
proposal submission timeline; prohibitions. (1) A
public charter school may be established:
(a)
As a new public school;
(b)
As a virtual public charter school;
(c)
From an existing public school or a portion of the school; or
(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)
An entity described in ORS 338.005 (5) 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, an entity described in ORS
338.005 (5) may authorize the conversion of an existing alternative education
program, as defined in ORS 336.615, to a public charter school.
(7)
An entity described in ORS 338.005 (5) may not approve a public charter school
proposal that is affiliated with a nonpublic sectarian school or a religious
institution. [1999 c.200 §3; 2003 c.313 §1; 2005 c.209 §26; 2007 c.575 §1; 2009
c.691 §2; 2011 c.695 §2]
Note: See
note under 338.005.
338.040
[Repealed by 1965 c.100 §456]
338.045 Proposal requirements; technical
assistance; buildings. (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 system for the public charter school,
an explanation of how the financial management system will meet the
requirements of ORS 338.095 (1) and a plan for having the financial management
system in place at the time the school begins operating;
(o)
The standards for behavior and the procedures for the discipline, suspension or
expulsion of students;
(p)
The proposed school calendar for the public charter school, including the
length of the school day and school year;
(q)
A description of the proposed staff members and required qualifications of
teachers at the public charter school;
(r)
The date upon which the public charter school would begin operating;
(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;
(t)
Information on the manner in which community groups may be involved in the
planning and development process of the public charter school;
(u)
The term of the charter;
(v)
The plan for performance bonding or insuring the public charter school,
including buildings and liabilities;
(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;
(x)
The manner in which the program review and fiscal audit will be conducted; and
(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. [1999 c.200 §6; 2007 c.671 §1; 2009
c.691 §4; 2011 c.684 §4]
Note:
Section 6, chapter 684, Oregon Laws 2011, provides:
Sec. 6. The
amendments to ORS 338.045 and 338.055 by sections 4 and 5 of this 2011 Act
become operative on January 1, 2012, and apply to proposals submitted on or
after January 1, 2012. [2011 c.684 §6]
338.050
[Repealed by 1965 c.100 §456]
338.055 Approval process; public hearing;
evaluation criteria; notice of decision; fees prohibited; timeline extensions.
(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 that is in place at the time the school begins operating and that meets
the requirements of ORS 338.095 (1);
(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:
(a)
Appeal the decision of the school district board to the State Board of
Education as provided by ORS 338.075; or
(b)
Submit a proposal to an institution of higher education as provided by ORS
338.075.
(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)
Entities described in ORS 338.005 (5) may 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. [1999 c.200 §7; 2005 c.209 §27; 2009 c.691 §5;
2011 c.684 §5; 2011 c.695 §3]
Note: See
note under 338.045.
Note: The
amendments to 338.055 by section 10, chapter 695, Oregon Laws 2011, become operative
July 1, 2017. See section 12, chapter 695, Oregon Laws 2011, as amended by
section 30, chapter 718, Oregon Laws 2011. The text that is operative on and
after July 1, 2017, is set forth for the user’s convenience.
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 that is in place at the time the school begins operating and that meets
the requirements of ORS 338.095 (1);
(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)
Entities described in ORS 338.005 (5) may 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.
338.060
[Renumbered 332.415]
338.065 Terms and form of charter;
amendment of charter; renewal; appeal. (1)(a) 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.
(b)
Pursuant to ORS 338.075 (2) or (4), the State Board of Education shall become
the sponsor of the public charter school.
(c)
Pursuant to ORS 338.075 (5), the institution of higher education shall become
the sponsor of the public charter school.
(2)
The sponsor and the 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.
(3)
The sponsor and the public charter school governing body may amend a charter by
joint agreement.
(4)(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.
(5)(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.
(6)(a)
If the sponsor does not renew the charter based on the revised request for
renewal submitted under subsection (5)(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 state board finds that the sponsor used the process required by this
section in denying the request for renewal, the state board shall affirm the
decision of the sponsor. A public charter school governing body may seek
judicial review of an order of the state board pursuant to ORS 183.484.
(c)
If the state board finds that the sponsor did not use the process required by
this section in denying the request for renewal, the state 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.
(7)
If the State Board of Education is the sponsor of a public charter school and
the state board does not renew the charter based on the revised request for
renewal submitted under subsection (5)(g) of this section, the public charter
school governing body may seek judicial review of an order of the state board
pursuant to ORS 183.484 for a review of whether the state board used the
process required by this section in denying the request for renewal.
(8)(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. [1999 c.200 §8; 2005
c.522 §1; 2009 c.691 §10; 2011 c.695 §4]
Note: Section
5, chapter 695, Oregon Laws 2011, provides:
Sec. 5. (1)
Notwithstanding ORS 338.065, an institution of higher education may not become
a sponsor of a public charter school that begins operating prior to the
2012-2013 school year.
(2)
Nothing in subsection (1) of this section prevents:
(a)
Institutions of higher education from evaluating and approving proposals to
establish public charter schools.
(b)
Public charter schools from taking any actions necessary to begin operating
during the 2012-2013 school year. [2011 c.695 §5]
338.070
[Amended by 1965 c.100 §154; 1965 c.123 §2; renumbered 332.425]
338.075 Review of school district board
decision; sponsorship by State Board of Education or institution of higher education;
judicial review. (1) If a school district board
does not approve a proposal to start a public charter school pursuant to ORS
338.055, the applicant may:
(a)
Request that the State Board of Education review the decision of the school
district board; or
(b)
Submit a proposal to an institution of higher education.
(2)
Upon receipt of a request for review, the State Board of Education:
(a)
Shall attempt to mediate a resolution between the applicant and the school
district board.
(b)
May recommend to the applicant and school district board revisions to the
proposal.
(c)
If the school district board does not accept the revisions to the proposal and
the applicant agrees to the sponsorship, may become the sponsor of the public
charter school.
(3)
Upon receipt of a request for review, in addition to actions described in
subsection (2) of this section and at any time during the review process, the
State Board of Education may reject a proposal to start a public charter school
if the school fails to meet the requirements of this chapter.
(4)
An applicant may seek judicial review of an order of the State Board of
Education pursuant to ORS 183.484. If the court finds that the decision of the
State Board of Education is not supported by substantial evidence in the
record, the court shall enter a judgment directing the State Board of Education
to sponsor the public charter school.
(5)(a)
An applicant seeking sponsorship by an institution of higher education may
submit to the institution of higher education the same proposal that was
submitted to the school district board under ORS 338.045 or a proposal that is
modified to take into consideration the characteristics of the institution of
higher education evaluating the proposal under this subsection.
(b)
Upon receipt of a proposal, an institution of higher education may evaluate the
proposal. The institution of higher education shall:
(A)
Approve or disapprove the proposal using the criteria described in ORS 338.055
(2)(b) to (h) and approve the proposal only if the institution of higher
education may become a sponsor as provided by paragraphs (e) and (f) of this
subsection; or
(B)
Disapprove the proposal based on the institution’s determination that the
proposal does not align with the mission of the institution of higher
education.
(c)(A)
The following decisions by an institution of higher education are final and not
subject to appeal:
(i)
Whether to evaluate a proposal for a public charter school; and
(ii)
The approval or disapproval of a proposal for a public charter school.
(B)
The process by which an institution of higher education makes a decision
described in subparagraph (A) of this paragraph is not subject to appeal.
(d)
Within 60 days after receiving a proposal, the institution of higher education
must approve the proposal or, if disapproving the proposal, state in writing
the reasons for disapproving the proposal.
(e)
An institution of higher education may approve a proposal evaluated under this
subsection only if the main campus of the institution of higher education is
located within 25 miles of the proposed public charter school, based on the
nearest traveled road.
(f)
An institution of higher education may become a sponsor of only one public
charter school in this state, regardless of the number of campuses or locations
of the institution of higher education.
(g)
If a public charter school has a sponsor that is an institution of higher
education and the public charter school enters into a contract with a
third-party entity to provide educational services for the public charter
school:
(A)
A member of the governing body of the public charter school or the governing
body of the sponsor may not be an employee of the third-party entity, be a
member of the governing board of the third-party entity or be any other
representative of the third-party entity;
(B)
An employee or a member of the governing board of the third-party entity may
not attend an executive session of the sponsor;
(C)
An employee of the public charter school may not promote the sale or benefits
of private supplemental services or classes offered by the third-party entity;
and
(D)
The educational services provided by the third-party entity must comply with
state standards and requirements, and any provision of the contract with the
third-party entity that does not allow for the provision of educational
services that comply with state standards and requirements is void. [1999 c.200
§9; 2001 c.376 §1; 2005 c.209 §28; 2011 c.695 §6; 2011 c.718 §28]
Note: The
amendments to 338.075 by section 29, chapter 718, Oregon Laws 2011, become
operative July 1, 2017. See section 12, chapter 695, Oregon Laws 2011, as
amended by section 30, chapter 718, Oregon Laws 2011. The text that is
operative on and after July 1, 2017, is set forth for the user’s convenience.
338.075. (1) If
a school district board does not approve a proposal to start a public charter
school pursuant to ORS 338.055, the applicant may request that the State Board
of Education review the decision of the school district board.
(2)
Upon receipt of a request for review, the State Board of Education:
(a)
Shall attempt to mediate a resolution between the applicant and the school
district board.
(b)
May recommend to the applicant and school district board revisions to the
proposal.
(c)
If the school district board does not accept the revisions to the proposal and
the applicant agrees to the sponsorship, may become the sponsor of the public
charter school.
(3)
Upon receipt of a request for review, in addition to actions described in
subsection (2) of this section and at any time during the review process, the
State Board of Education may reject a proposal to start a public charter school
if the school fails to meet the requirements of this chapter.
(4)
An applicant may seek judicial review of an order of the State Board of
Education pursuant to ORS 183.484. If the court finds that the decision of the
State Board of Education is not supported by substantial evidence in the
record, the court shall enter a judgment directing the State Board of Education
to sponsor the public charter school.
(5)(a)
An institution of higher education may sponsor a public charter school only if:
(A)
The main campus of the institution of higher education is located within 25
miles of the proposed public charter school, based on the nearest traveled
road; and
(B)
The institution of higher education first became a sponsor of the public
charter school prior to July 1, 2017.
(b)
An institution of higher education may sponsor only one public charter school
in this state, regardless of the number of campuses or locations of the
institution of higher education.
(c)
If a public charter school has a sponsor that is an institution of higher
education and the public charter school enters into a contract with a
third-party entity to provide educational services for the public charter
school:
(A)
A member of the governing body of the public charter school or the governing
body of the sponsor may not be an employee of the third-party entity, be a
member of the governing board of the third-party entity or be any other
representative of the third-party entity;
(B)
An employee or a member of the governing board of the third-party entity may
not attend an executive session of the sponsor;
(C)
An employee of the public charter school may not promote the sale or benefits
of private supplemental services or classes offered by the third-party entity;
and
(D)
The educational services provided by the third-party entity must comply with
state standards and requirements, and any provision of the contract with the
third-party entity that does not allow for the provision of educational
services that comply with state standards and requirements is void.
338.080 Cooperative agreement to provide
educational services. (1) A sponsor and a public
charter school may enter into a cooperative agreement with other school
districts for the purpose of forming a partnership to provide educational
services.
(2)
A cooperative agreement entered into as provided by this section must:
(a)
Be incorporated into the charter of the public charter school; and
(b)
Describe the terms of the partnership between the sponsor, the public charter
school and other school districts. [2011 c.682 §2]
OPERATION
338.095 Annual report, visit and audit.
(1) The financial management system of a public charter school must include a
budget and accounting system that:
(a)
Is compatible with the budget and accounting system of the sponsor of the
school; and
(b)
Complies with the requirements of the uniform budget and accounting system
adopted by rule of the State Board of Education under ORS 327.511.
(2)
A public charter school shall report to the sponsor and the Department 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.
(3)
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 school shall forward a copy of the annual
audit to the Department of Education.
(4)
After an audit, the following shall be forwarded to the sponsor:
(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.
(5)
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. [1999 c.200 §10; 2009 c.691 §11; 2011
c.313 §14; 2011 c.684 §1]
338.105 Termination of charter; appeal;
rules; dissolution or closure of school. (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 a decision of a sponsor to:
(a)
The state board if the sponsor is an entity described in ORS 338.005 (5)(a) or
(c). The board shall adopt by rule procedures to ensure a timely appeals
process to prevent disruption of students’ education.
(b)
The circuit court pursuant to ORS 183.484 if the sponsor is the State Board of
Education.
(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:
(a)
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.
(b)
All student education records of the public charter school shall be transferred
to the administrative office of the school district in which the public charter
school was located.
(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. [1999 c.200 §11; 2009 c.691 §12; 2011
c.94 §1; 2011 c.695 §7]
338.115 Applicability of laws;
restrictions; powers; student diplomas and alternative certificates.
(1) Statutes and rules that apply to school district boards, school districts
or other public schools do not apply to public charter schools. However, the
following laws do apply to public charter schools:
(a)
Federal law;
(b)
ORS 30.260 to 30.300 (tort claims);
(c)
ORS 192.410 to 192.505 (public records law);
(d)
ORS 192.610 to 192.690 (public meetings law);
(e)
ORS 297.405 to 297.555 and 297.990 (Municipal Audit Law);
(f)
ORS 326.565, 326.575 and 326.580 (student records);
(g)
ORS 181.534, 326.603, 326.607, 342.223 and 342.232 (criminal records checks);
(h)
ORS 329.045 (academic content standards and instruction);
(i)
ORS 329.451 (high school diploma, modified diploma, extended diploma and
alternative certificate);
(j)
The statewide assessment system developed by the Department of Education for
mathematics, science and English under ORS 329.485 (2);
(k)
ORS 337.150 (textbooks);
(L)
ORS 339.141, 339.147 and 339.155 (tuition and fees);
(m)
ORS 339.250 (12) (prohibition on infliction of corporal punishment);
(n)
ORS 339.326 (notice concerning students subject to juvenile court petitions);
(o)
ORS 339.370, 339.372, 339.388 and 339.400 (reporting of child abuse and
training on prevention and identification of child abuse);
(p)
ORS chapter 657 (Employment Department Law);
(q)
ORS 659.850, 659.855 and 659.860 (discrimination);
(r)
Any statute or rule that establishes requirements for instructional time
provided by a school during each day or during a year;
(s)
Health and safety statutes and rules;
(t)
Any statute or rule that is listed in the charter;
(u)
ORS 339.119 (consideration for educational services); and
(v)
This chapter.
(2)
Notwithstanding subsection (1) of this section, a charter may specify that
statutes and rules that apply to school district boards, school districts and
other public schools may apply to a public charter school.
(3)
If a statute or rule applies to a public charter school, then the terms “school
district” and “public school” include public charter school as those terms are
used in that statute or rule.
(4)
A public charter school may not violate the Establishment Clause of the First
Amendment to the United States Constitution or section 5, Article I of the
Oregon Constitution, or be religion based.
(5)(a)
A public charter school shall maintain an active enrollment of at least 25
students.
(b)
For a public charter school that provides educational services under a
cooperative agreement described in ORS 338.080, the public charter school is in
compliance with the requirements of this subsection if the public charter
school provides educational services under the cooperative agreement to at
least 25 students, without regard to the school districts in which the students
are residents.
(6)
A public charter school may sue or be sued as a separate legal entity.
(7)
The sponsor, members of the governing board of the sponsor acting in their
official capacities and employees of a sponsor acting in their official
capacities are immune from civil liability with respect to all activities
related to a public charter school within the scope of their duties or
employment.
(8)
A public charter school may enter into contracts and may lease facilities and
services from a school district, education service district, public university
listed in ORS 352.002, other governmental unit or any person or legal entity.
(9)
A public charter school may not levy taxes or issue bonds under which the
public incurs liability.
(10)
A public charter school may receive and accept gifts, grants and donations from
any source for expenditure to carry out the lawful functions of the school.
(11)
The school district in which the public charter school is located shall offer a
high school diploma, a modified diploma, an extended diploma or an alternative
certificate to any public charter school student who meets the district’s and
state’s standards for a high school diploma, a modified diploma, an extended
diploma or an alternative certificate.
(12)
A high school diploma, a modified diploma, an extended diploma or an
alternative certificate issued by a public charter school grants to the holder
the same rights and privileges as a high school diploma, a modified diploma, an
extended diploma or an alternative certificate issued by a nonchartered public
school.
(13)
Prior to beginning operation, the public charter school shall show proof of
insurance to the sponsor as specified in the charter.
(14)
A public charter school may receive services from an education service district
in the same manner as a nonchartered public school in the school district in
which the public charter school is located. [1999 c.200 §12; 2001 c.810 §4;
2003 c.303 §15; 2005 c.367 §4; 2005 c.730 §16; 2007 c.35 §6; 2007 c.256 §3;
2007 c.501 §3; 2007 c.575 §5; 2007 c.660 §17; 2007 c.858 §33; 2008 c.50 §11;
2009 c.618 §3; 2010 c.53 §2; 2011 c.94 §2; 2011 c.637 §117; 2011 c.682 §4]
Note: The
amendments to 338.115 by section 7, chapter 839, Oregon Laws 2007, and section
12, chapter 50, Oregon Laws 2008, become operative July 1, 2017, and first
apply to the 2017-2018 school year. See section 9, chapter 839, Oregon Laws
2007, and section 15, chapter 50, Oregon Laws 2008. The text that is operative
on and after July 1, 2017, including amendments by section 4, chapter 618,
Oregon Laws 2009, section 3, chapter 53, Oregon Laws 2010, section 3, chapter
94, Oregon Laws 2011, section 118, chapter 637, Oregon Laws 2011, and section
5, chapter 682, Oregon Laws 2011, is set forth for the user’s convenience.
338.115. (1)
Statutes and rules that apply to school district boards, school districts or
other public schools do not apply to public charter schools. However, the
following laws do apply to public charter schools:
(a)
Federal law;
(b)
ORS 30.260 to 30.300 (tort claims);
(c)
ORS 192.410 to 192.505 (public records law);
(d)
ORS 192.610 to 192.690 (public meetings law);
(e)
ORS 297.405 to 297.555 and 297.990 (Municipal Audit Law);
(f)
ORS 326.565, 326.575 and 326.580 (student records);
(g)
ORS 181.534, 326.603, 326.607, 342.223 and 342.232 (criminal records checks);
(h)
ORS 329.045 (academic content standards and instruction);
(i)
ORS 329.451 (high school diploma, modified diploma, extended diploma and
alternative certificate);
(j)
ORS 329.496 (physical education);
(k)
The statewide assessment system developed by the Department of Education for
mathematics, science and English under ORS 329.485 (2);
(L)
ORS 337.150 (textbooks);
(m)
ORS 339.141, 339.147 and 339.155 (tuition and fees);
(n)
ORS 339.250 (12) (prohibition on infliction of corporal punishment);
(o)
ORS 339.326 (notice concerning students subject to juvenile court petitions);
(p)
ORS 339.370, 339.372, 339.388 and 339.400 (reporting of child abuse and
training on prevention and identification of child abuse);
(q)
ORS chapter 657 (Employment Department Law);
(r)
ORS 659.850, 659.855 and 659.860 (discrimination);
(s)
Any statute or rule that establishes requirements for instructional time
provided by a school during each day or during a year;
(t)
Health and safety statutes and rules;
(u)
Any statute or rule that is listed in the charter;
(v)
ORS 339.119 (consideration for educational services); and
(w)
This chapter.
(2)
Notwithstanding subsection (1) of this section, a charter may specify that
statutes and rules that apply to school district boards, school districts and
other public schools may apply to a public charter school.
(3)
If a statute or rule applies to a public charter school, then the terms “school
district” and “public school” include public charter school as those terms are
used in that statute or rule.
(4)
A public charter school may not violate the Establishment Clause of the First
Amendment to the United States Constitution or section 5, Article I of the
Oregon Constitution, or be religion based.
(5)(a)
A public charter school shall maintain an active enrollment of at least 25
students.
(b)
For a public charter school that provides educational services under a
cooperative agreement described in ORS 338.080, the public charter school is in
compliance with the requirements of this subsection if the public charter
school provides educational services under the cooperative agreement to at
least 25 students, without regard to the school districts in which the students
are residents.
(6)
A public charter school may sue or be sued as a separate legal entity.
(7)
The sponsor, members of the governing board of the sponsor acting in their
official capacities and employees of a sponsor acting in their official
capacities are immune from civil liability with respect to all activities
related to a public charter school within the scope of their duties or
employment.
(8)
A public charter school may enter into contracts and may lease facilities and
services from a school district, education service district, public university
listed in ORS 352.002, other governmental unit or any person or legal entity.
(9)
A public charter school may not levy taxes or issue bonds under which the
public incurs liability.
(10)
A public charter school may receive and accept gifts, grants and donations from
any source for expenditure to carry out the lawful functions of the school.
(11)
The school district in which the public charter school is located shall offer a
high school diploma, a modified diploma, an extended diploma or an alternative
certificate to any public charter school student who meets the district’s and
state’s standards for a high school diploma, a modified diploma, an extended
diploma or an alternative certificate.
(12)
A high school diploma, a modified diploma, an extended diploma or an
alternative certificate issued by a public charter school grants to the holder
the same rights and privileges as a high school diploma, a modified diploma, an
extended diploma or an alternative certificate issued by a nonchartered public
school.
(13)
Prior to beginning operation, the public charter school shall show proof of
insurance to the sponsor as specified in the charter.
(14)
A public charter school may receive services from an education service district
in the same manner as a nonchartered public school in the school district in
which the public charter school is located.
338.120 Additional requirements for
virtual public charter schools; access to documents.
(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)
In the charter of the school, a requirement that the school:
(A)
Monitor and track student progress and attendance; and
(B)
Provide student assessments in a manner that ensures that an individual student
is being assessed and that the assessment is valid.
(f)
Notwithstanding ORS 338.135 (7), a plan to ensure that:
(A)
All superintendents, assistant superintendents and principals of the school are
licensed to administer by the Teacher Standards and Practices Commission; and
(B)
Teachers who are licensed to teach by the Teacher Standards and Practices Commission
and who are highly qualified as described in the federal No Child Left Behind
Act of 2001 (P.L. 107-110, 115 Stat. 1425) teach at least 95 percent of the
school’s instructional hours.
(g)
A plan for maintaining student records and school records, including financial
records, at a designated central office of operations that is located:
(A)
If the sponsor is a school district, within the school district that is the
sponsor and as specified in the charter of the school; or
(B)
If the sponsor is the State Board of Education, at a central office located in
Oregon and as specified in the charter of the school.
(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 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.
(k)
A plan to conduct meetings at least twice a week between teachers and students
enrolled in the school, either in person or through the use of conference calls
or other technology.
(L)
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.
(m)
A plan to provide, at the time of a student’s enrollment, written notice to the
sponsor and, if different, to the school district where the student is a
resident. Notification must be provided within 10 days after enrollment and
must include:
(A)
The name, age and address of the student; and
(B)
The name of the school in which the student was formerly enrolled.
(n)
A plan to provide, at the time of a student’s withdrawal for a reason other
than graduation from high school, written notice to the sponsor and, if
different, to the school district where the student is a resident. Notification
must be provided within 10 days after withdrawal and must include:
(A)
The name, age and address of the student;
(B)
The reason the student no longer is enrolled and, if applicable, the name of
the school in which the student will enroll, if known to the virtual public
charter school; and
(C)
The last day on which the student was enrolled at the virtual public charter
school.
(o)
An agreement to provide a student’s education records to the student’s resident
school district or to the sponsor, upon request of the resident school district
or sponsor.
(2)
For a virtual public charter school:
(a)
A person who is a member of the school district board for the sponsor of the
virtual public charter school may not be:
(A)
An employee of the virtual public charter school;
(B)
A member of the governing body of the virtual public charter school; or
(C)
An employee or other representative of any third-party entity with which the
virtual public charter school has entered into a contract to provide
educational services.
(b)
A person who is a member of the governing body of the virtual public charter
school may not be an employee of a third-party entity with which the virtual
public charter school has entered, or intends to enter, into a contract to
provide educational services.
(3)
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:
(a)
No employee or member of the governing board of the third-party entity may
attend an executive session of the school district board of the school district
that is the sponsor of the virtual public charter school;
(b)
An employee of the virtual public charter school may not promote the sale or
benefits of private supplemental services or classes offered by the third-party
entity;
(c)
The educational services provided by the third-party entity must be consistent
with state standards and requirements, and must be changed on the same
timelines that changes are imposed on the nonvirtual public charter schools of
this state; and
(d)
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.
(4)(a)
The sponsor or a member of the public may request access to any of the
documents described in subsections (1) and (3)(d) of this section that are
public records, as provided by ORS 192.410 to 192.505.
(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 (3)(d) of this section that are public records, as provided by ORS
192.410 to 192.505. The documents may be provided electronically. [2009 c.691 §8;
2010 c.72 §1; 2011 c.649 §1; 2011 c.684 §2]
338.125 Student enrollment; nonresident
students; appeals; written notices. (1) Student
enrollment in a public charter school is voluntary.
(2)(a)
All students who reside in the school district in which the public charter
school is located are eligible for enrollment in the public charter school if
space is available.
(b)
Students who do not reside in the school district in which the public charter
school is located are eligible for enrollment in the public charter school if
space is available and subject to subsection (4) of this section.
(c)
A public charter school may not limit student enrollment based on race,
religion, sex, sexual orientation, ethnicity, national origin, disability, the
terms of an individualized education program, income level, proficiency in the
English language or athletic ability.
(3)(a)
Except as provided by paragraph (b) of this subsection, if the number of
applications from students who reside in 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.
(b)
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 who:
(A)
Were enrolled in the school in the prior year;
(B)
Have siblings who are presently enrolled in the school and who were enrolled in
the school in the prior year; or
(C)
If the public charter school is a party to a cooperative agreement described in
ORS 338.080, reside in the school district that is the sponsor of the public
charter school or in a school district that is a party to the cooperative
agreement.
(4)(a)
A student who wishes to enroll in a virtual public charter school does not need
the approval of the school district where the student is a resident before the
student enrolls in the virtual public charter school. If a student wishes to
enroll in a virtual public charter school, the parent, legal guardian or person
in parental relationship with the student must provide the following notices to
the school district where the student is a resident:
(A)
Intent to enroll the student in a virtual public charter school; and
(B)
Enrollment of the student in a virtual public charter school.
(b)(A)
Notwithstanding paragraph (a) of this subsection and ORS 339.133, if more than
three percent of the students who reside in a school district are enrolled in
virtual public charter schools that are not sponsored by the school district, a
student who is a resident of the school district must receive approval from the
school district before enrolling in a virtual public charter school. A school
district is not required to give approval if more than three percent of the students
who reside in the school district are enrolled in virtual public charter
schools that are not sponsored by the school district.
(B)
For the purpose of determining whether more than three percent of the students
who reside in the school district are enrolled in virtual public charter
schools that are not sponsored by the school district, the school district
board shall include any students who:
(i)
Reside in the school district, regardless of whether the students are
considered residents of different school districts as provided by ORS 339.133
(5); and
(ii)
Are enrolled in virtual public charter schools that are not sponsored by the
school district.
(C)
Students who reside in the school district, regardless of whether the students
are considered residents of different school districts as provided by ORS
339.133 (5), must receive approval from the school district before enrolling in
a virtual public charter school if the limit described in subparagraph (A) of
this paragraph has been met.
(c)
If the school district does not give approval under paragraph (b) of this
subsection, the school district must provide information to the parent, legal
guardian or person in parental relationship with the student about the right to
appeal the decision to the State Board of Education and other online options
available to the student. If an appeal is made to the State Board of Education,
the board must issue a decision within 30 days of the submission of the appeal.
(5)
Within 10 days of a student’s enrollment in a public charter school, the public
charter school shall provide written notice of the student’s enrollment to the
school district in which the public charter school is located if the student
does not reside in the school district where the public charter school is
located.
(6)
Within 10 days of receiving the notice described in subsection (5) of this
section, the school district in which the public charter school is located
shall provide to the student’s parent, legal guardian or person in parental
relationship written information about:
(a)
The school district’s responsibility to identify, locate and evaluate students
enrolled in the public charter school to determine which students may be in
need of special education and related services as provided by ORS 338.165; and
(b)
The methods by which the school district may be contacted to answer questions
or provide information related to special education and related services.
(7)
When a student described in subsection (5) of this section withdraws from a public
charter school for a reason other than graduation from high school, the school
district in which the public charter school is located shall:
(a)
Provide to the school district in which the student resides written notice that
the student has withdrawn.
(b)
Provide to the student’s parent, legal guardian or person in parental
relationship written information about:
(A)
The responsibility of the school district in which the student resides to
identify, locate and evaluate students who reside in the school district to
determine which students may be in need of special education and related
services as provided by ORS 338.165; and
(B)
The methods by which the school district in which the student resides may be
contacted to answer questions or provide information related to special
education and related services.
(8)(a)
If a student described in subsection (5) of this section enrolls in a public
charter school and has an individualized education program, the school district
in which the public charter school is located must implement the individualized
education program and follow the terms of the individualized education program
until a new individualized education program is developed.
(b)
If a student described in subsection (5) of this section withdraws from a
public charter school and has an individualized education program, the school
district in which the student resides must implement the individualized
education program and follow the terms of the individualized education program
until a new individualized education program is developed.
(9)
When a virtual public charter school enrolls a student or a student no longer
is enrolled in a virtual public charter school, the virtual public charter
school shall provide the written notices described in ORS 338.120 (1)(m) and
(n) to the school district where the student is a resident.
(10)
A public charter school may conduct fund-raising activities but may not require
a student to participate in fund-raising activities as a condition of admission
to the public charter school. [1999 c.200 §14; 2001 c.810 §8; 2005 c.834 §5;
2007 c.100 §23; 2011 c.718 §§23,24]
Note: The
amendments to 338.125 by section 24, chapter 718, Oregon Laws 2011, become
operative July 1, 2012, and first apply to persons who seek consent for the
2012-2013 school year. See section 25, chapter 718, Oregon Laws 2011. The text
that is operative until July 1, 2012, including amendments by section 23,
chapter 718, Oregon Laws 2011, is set forth for the user’s convenience.
338.125. (1)
Student enrollment in a public charter school is voluntary.
(2)(a)
All students who reside in the school district in which the public charter
school is located are eligible for enrollment in the public charter school if
space is available.
(b)
Students who do not reside in the school district in which the public charter
school is located are eligible for enrollment in the public charter school if
space is available and subject to subsection (4) of this section.
(c)
A public charter school may not limit student enrollment based on race,
religion, sex, sexual orientation, ethnicity, national origin, disability, the
terms of an individualized education program, income level, proficiency in the
English language or athletic ability.
(3)(a)
Except as provided by paragraph (b) of this subsection, if the number of
applications from students who reside in 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.
(b)
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 who:
(A)
Were enrolled in the school in the prior year;
(B)
Have siblings who are presently enrolled in the school and who were enrolled in
the school in the prior year; or
(C)
If the public charter school is a party to a cooperative agreement described in
ORS 338.080, reside in the school district that is the sponsor of the public
charter school or in a school district that is a party to the cooperative
agreement.
(4)(a)
A student who wishes to enroll in a virtual public charter school does not need
the approval of the school district where the student is a resident before the
student enrolls in the virtual public charter school. If a student wishes to
enroll in a virtual public charter school, the parent, legal guardian or person
in parental relationship with the student must provide the following notices to
the school district where the student is a resident:
(A)
Intent to enroll the student in a virtual public charter school; and
(B)
Enrollment of the student in a virtual public charter school.
(b)
Notwithstanding paragraph (a) of this subsection and ORS 339.133, if more than
three percent of the students who reside in a school district are enrolled in
virtual public charter schools that are not sponsored by the school district, a
student who is a resident of the school district must receive approval from the
school district before enrolling in a virtual public charter school. A school
district is not required to give approval if more than three percent of the
students who reside in the school district are enrolled in virtual public
charter schools that are not sponsored by the school district.
(c)
If the school district does not give approval under paragraph (b) of this
subsection, the school district must provide information to the parent, legal
guardian or person in parental relationship with the student about the right to
appeal the decision to the State Board of Education and other online options
available to the student. If an appeal is made to the State Board of Education,
the board must issue a decision within 30 days of the submission of the appeal.
(5)
Within 10 days of a student’s enrollment in a public charter school, the public
charter school shall provide written notice of the student’s enrollment to the
school district in which the public charter school is located if the student
does not reside in the school district where the public charter school is
located.
(6)
Within 10 days of receiving the notice described in subsection (5) of this
section, the school district in which the public charter school is located
shall provide to the student’s parent, legal guardian or person in parental
relationship written information about:
(a)
The school district’s responsibility to identify, locate and evaluate students
enrolled in the public charter school to determine which students may be in
need of special education and related services as provided by ORS 338.165; and
(b)
The methods by which the school district may be contacted to answer questions
or provide information related to special education and related services.
(7)
When a student described in subsection (5) of this section withdraws from a
public charter school for a reason other than graduation from high school, the
school district in which the public charter school is located shall:
(a)
Provide to the school district in which the student resides written notice that
the student has withdrawn.
(b)
Provide to the student’s parent, legal guardian or person in parental
relationship written information about:
(A)
The responsibility of the school district in which the student resides to
identify, locate and evaluate students who reside in the school district to
determine which students may be in need of special education and related
services as provided by ORS 338.165; and
(B)
The methods by which the school district in which the student resides may be
contacted to answer questions or provide information related to special
education and related services.
(8)(a)
If a student described in subsection (5) of this section enrolls in a public
charter school and has an individualized education program, the school district
in which the public charter school is located must implement the individualized
education program and follow the terms of the individualized education program
until a new individualized education program is developed.
(b)
If a student described in subsection (5) of this section withdraws from a
public charter school and has an individualized education program, the school
district in which the student resides must implement the individualized
education program and follow the terms of the individualized education program
until a new individualized education program is developed.
(9)
When a virtual public charter school enrolls a student or a student no longer
is enrolled in a virtual public charter school, the virtual public charter
school shall provide the written notices described in ORS 338.120 (1)(m) and
(n) to the school district where the student is a resident.
(10)
A public charter school may conduct fund-raising activities but may not require
a student to participate in fund-raising activities as a condition of admission
to the public charter school.
338.135 Employees; licensure and
registration requirements; collective bargaining; prohibition on waiver of
right to sponsor charter school. (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 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 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)
An entity described in ORS 338.005 (5) may not waive the right to sponsor a
public charter school in a collective bargaining agreement. [1999 c.200 §17;
1999 c.199 §1; 2003 c.733 §73; 2007 c.575 §6; 2009 c.691 §13a; 2011 c.695 §8]
338.145 Responsibility for student transportation
services; costs. (1) The public charter school
shall be responsible for providing transportation to students who reside within
the school district and who attend the public charter school. The public
charter school may negotiate with a school district for the provision of
transportation to students attending the public charter school.
(2)
Notwithstanding subsection (1) of this section, the school district within
which the public charter school is located shall be responsible for the
transportation of students attending the public charter school pursuant to ORS
327.043 in the same manner as students attending nonchartered public schools if
the student is a resident of the school district. However, a school district
may not be required to add or extend existing bus routes or other transportation
services pursuant to this subsection.
(3)
Students who attend public charter schools and who reside outside of the school
district may use existing bus routes and transportation services of the school
district in which a public charter school is located.
(4)
Any transportation costs incurred by a school district under this section shall
be considered approved transportation costs for purposes of ORS 327.013 in the
same manner as transportation costs incurred by the school district for
transporting students who attend nonchartered public schools are considered
approved transportation costs for purposes of ORS 327.013. [1999 c.200 §19;
2003 c.715 §25]
FUNDING
338.155 Distributions of State School Fund
amounts; grants available to charter schools. (1)(a)
Students of a public charter school shall be considered to be residents of the
school district in which the public charter school is located for purposes of
distribution of the State School Fund.
(b)(A)
For the purpose of determining the amounts to be distributed from the State
School Fund to a school district in which a public charter school is located,
the district extended ADMw described in ORS 327.013 shall be determined by:
(i)
Separately calculating the extended ADMw for students at the public charter
school and the extended ADMw for students at nonchartered public schools in the
school district; and
(ii)
Adding the extended ADMw for students at the public charter school and the
extended ADMw for students at nonchartered public schools in the school
district.
(B)
Except as provided in subparagraph (A) of this paragraph:
(i)
All other calculations made under ORS 327.013 shall be made as though the
students enrolled at a public charter school were students enrolled at the
public schools in the school district in which the public charter school is
located; and
(ii)
All references to the district extended ADMw shall be based on the calculation
made under subparagraph (A)(ii) of this paragraph.
(C)
All amounts to be distributed from the State School Fund to public charter
schools shall first be distributed to the school district in which the public
charter school is located.
(2)
A school district shall contractually establish, with any public charter school
that is sponsored by the board of the school district, payment for provision of
educational services to the public charter school’s students. The payment shall
equal an amount per weighted average daily membership (ADMw) of the public
charter school that is at least equal to:
(a)
Eighty percent of the amount of the school district’s General Purpose Grant per
ADMw as calculated under ORS 327.013 for students who are enrolled in
kindergarten through grade eight; and
(b)
Ninety-five percent of the amount of the school district’s General Purpose
Grant per ADMw as calculated under ORS 327.013 for students who are enrolled in
grades 9 through 12.
(3)
A school district shall contractually establish, with any public charter school
that is sponsored by the State Board of Education or an institution of higher
education and that is within the boundaries of the school district, payment for
provision of educational services to the public charter school’s students. The
payment shall equal an amount per weighted average daily membership (ADMw) of
the public charter school that is at least equal to:
(a)
Ninety percent of the amount of the school district’s General Purpose Grant per
ADMw as calculated under ORS 327.013 for students who are enrolled in
kindergarten through grade eight; and
(b)
Ninety-five percent of the amount of the school district’s General Purpose
Grant per ADMw as calculated under ORS 327.013 for students who are enrolled in
grades 9 through 12.
(4)
The estimated amount of each school district’s General Purpose Grant per ADMw
shall be determined each year by the Department of Education and made available
to all school districts.
(5)
The school district in which the public charter school is located shall
transfer an amount per weighted average daily membership (ADMw) of the public
charter school that is equal to 50 percent of the amount of the school district’s
General Purpose Grant per ADMw as calculated under ORS 327.013 that is not paid
to the public charter school through a contract created pursuant to subsection
(2) or (3) of this section to:
(a)
For a public charter school sponsored by a school district, any school district
in which the parent or guardian of, or person in parental relationship to, a
student of a public charter school resides pursuant to ORS 339.133 and 339.134;
(b)
For a public charter school sponsored by the State Board of Education, the
Department of Education; or
(c)
For a public charter school sponsored by an institution of higher education,
the institution of higher education.
(6)
The department may use any moneys received under this section for activities
related to public charter schools.
(7)
A school district and a public charter school may negotiate to establish a
payment for the provision of educational services to the public charter school’s
students that is more than the minimum amounts specified in subsection (2) or
(3) of this section.
(8)
A school district shall send payment to a public charter school based on a
contract negotiated under this section within 10 days after receiving payments
from the State School Fund pursuant to ORS 327.095.
(9)(a)
A public charter school may apply for any grant that is available to school
districts or nonchartered public schools from the Department of Education. The
department shall consider the application of the public charter school in the
same manner as an application from a school district or nonchartered public
school.
(b)
The department shall award any grant that is available to school districts
based solely on the weighted average daily membership (ADMw) of the school
district directly to the public charter school. This paragraph does not apply
to any grant from the State School Fund. [1999 c.200 §20; 2011 c.684 §7; 2011
c.695 §9]
338.157 Adjusting number of students for
poverty level. For purposes of calculating the
weighted average daily membership (ADMw) of a public charter school, it shall
be assumed that the public charter school has the same percentage of children
in poverty families, as calculated under ORS 327.013 (1)(c)(A)(v)(I), as the
school district in which the public charter school is located. Based on this
percentage, an additional amount shall be added to the average daily membership
(ADM) of the public charter school. [2001 c.810 §6; 2009 c.698 §18]
338.165 Special education students;
payment for services. (1)(a) The school district in
which a public charter school is located shall identify, locate and evaluate
students enrolled in the public charter school to determine which students may
be in need of special education and related services.
(b)
The school district in which a public charter school is located:
(A)
Shall receive funding from the State School Fund as provided by this section
for students who are eligible for special education and related services and
who are enrolled in the public charter school; and
(B)
Is eligible to receive high cost disabilities grants as provided by ORS 327.348
for students who are enrolled in the public charter school.
(c)
Students who are eligible for special education and related services shall be
considered students of the school district in which the public charter school
is located for purposes of data collection and reporting.
(2)
If a student is enrolled in a public charter school and is eligible for special
education and related services, an additional amount shall be added to the ADM
of the public charter school as described in ORS 327.013 (1)(c)(A)(i). The
payment per ADMw in the public charter school that is attributable to the
student who is eligible for special education and related services shall equal
an amount that is at least equal to:
(a)
40 percent of the amount of the General Purpose Grant per ADMw for the school
district in which the public charter school is located, as calculated under ORS
327.013, for students who are enrolled in kindergarten through grade eight; and
(b)
47.5 percent of the amount of the General Purpose Grant per ADMw for the school
district in which the public charter school is located, as calculated under ORS
327.013, for students who are enrolled in grades 9 through 12.
(3)
If the State Board of Education is the sponsor of a public charter school, the
school district in which the public charter school is located, for each ADMw
that is attributable to a student enrolled in a public charter school who is
eligible for special education and related services, shall transfer five
percent of the amount of the school district’s General Purpose Grant per ADMw
as calculated under ORS 327.013 to the State Board of Education.
(4)
Notwithstanding subsection (2) of this section, a school district and a public
charter school may negotiate on a case-by-case basis for an alternative
distribution of funds other than the distribution prescribed by subsection (2)
of this section.
(5)
Payments under this section must be made within 10 days after a school district
receives payment from the State School Fund pursuant to ORS 327.095. [1999
c.200 §21; 2009 c.698 §19; 2011 c.443 §3]
338.175 [1999
c.200 §22; repealed by 2009 c.95 §2]
338.185 [1999
c.200 §23; repealed by 2011 c.313 §25]
338.990
[Repealed by 1965 c.100 §456]
_______________