ORS Chapter 338 - Oregon Statutes

Chapter 338 —Public Charter Schools

 

2009 EDITION

 

 

PUBLICCHARTER SCHOOLS

 

EDUCATIONAND CULTURE

 

ONLINELEARNING TASK FORCE

 

(Temporaryprovisions relating to the Online Learning Task Force are compiled as notespreceding ORS 338.005)

 

GENERALPROVISIONS

 

338.005     Definitions

 

338.015     Legislativeintent; goals

 

338.025     Rules;waiver of provisions of chapter; exceptions

 

FORMATION

 

338.035     Establishmentrequirements; proposal submission timeline; prohibitions

 

338.045     Proposalrequirements; technical assistance; buildings

 

338.055     Approvalprocess; public hearing; evaluation criteria; notice of decision; feesprohibited; timeline extensions

 

338.065     Termsand form of charter; amendment of charter; renewal; appeal

 

338.075     Reviewof school district board decision; sponsorship by State Board of Education;judicial review

 

OPERATION

 

338.095     Annualreport, visit and audit

 

338.105     Terminationof charter; appeal; rules; dissolution or closure of school

 

338.115     Applicabilityof laws; restrictions; powers; student diplomas and alternative certificates

 

338.120     Additionalrequirements for virtual public charter schools; access to documents

 

338.125     Studentadmissions; fund-raising activities; online courses

 

Note          Admissionof students to virtual public charter schools--2009 c.691 §§17,18

 

338.135     Employees;licensure and registration requirements; collective bargaining; prohibition onwaiver of right to sponsor charter school

 

338.145     Responsibilityfor student transportation services; costs

 

FUNDING

 

338.155     Minimumamount required; grants available to charter schools

 

338.157     Adjustingnumber of students for poverty level

 

338.165     Specialeducation students; payment for services

 

338.185     Grantand loan program; rules

 

ONLINELEARNING TASK FORCE

 

      Note: Sections 14 and15, chapter 691, Oregon Laws 2009, provide:

      Sec.14.(1) The Online Learning Task Force is established for the purpose of ensuringthat this state provides appropriate access to online learning through publiccharter schools.

      (2)(a)The President of the Senate and the Speaker of the House of Representativesjointly shall appoint 17 members to the task force as follows:

      (A)Three members of the Senate, of whom two represent the majority party and onerepresents the minority party.

      (B)Three members of the House of Representatives, of whom two represent themajority party and one represents the minority party.

      (C)One member who represents the Department of Education.

      (D)One member who is a representative of public education employees.

      (E)One member who is a representative of school administrators.

      (F)One member who is a representative of school boards.

      (G)One member who represents education service districts.

      (H)One member who represents public charter schools.

      (I)One member who represents the Oregon University System.

      (J)One member who is a board member of a public charter school that offers onlineinstruction.

      (K)One member who is an administrator of a public charter school that offersonline instruction.

      (L)One member who represents the State Board of Education.

      (M)One member who is a superintendent of a school district that does not sponsor apublic charter school that offers online instruction but that has been impactedby public charter schools that offer online instruction.

      (b)All appointments to the task force made under this subsection must be completedby July 15, 2009.

      (3)The task force shall:

      (a)Prepare a report that must address:

      (A)Grades and ages to be served by public online instruction through publiccharter schools;

      (B)Curriculum descriptions and accreditation or certification standards of onlineinstruction offered through public charter schools;

      (C)Accessibility of online instruction and accommodations of students to publiccharter schools that offer online instruction;

      (D)Methods of financing public charter schools that offer online instruction;

      (E)Levels of funding for public charter schools that offer online instruction;

      (F)Financial accountability of public charter schools that offer online instruction;

      (G)Reporting of student outcomes and compliance with academic accountabilitystandards at public charter schools that offer online instruction;

      (H)The use of teachers licensed by the Teacher Standards and Practices Commission,the teaching standards and the frequency of teacher contact at public charterschools that offer online instruction;

      (I)Examples of school policies at a public charter school that offers onlineinstruction, including policies involving online harassment, intimidation orbullying;

      (J)The method of offering online instruction through school districts andeducation service districts;

      (K)Class sizes of online courses, including the student-to-teacher ratio for theonline courses;

      (L)How to transition students currently enrolled in public charter schools thatoffer online instruction to alternative learning options, if necessary;

      (M)Methods to determine whether a school district is an appropriate sponsor of apublic charter school that provides online instruction;

      (N)How to best serve students who are learning English as a second language; and

      (O)Any other topic concerning the provision of high-quality online instruction tostudents in this state and the accessibility of online instruction by studentsattending public schools in this state.

      (b)Prepare any necessary legislation based on the findings made in the reportdescribed in paragraph (a) of this subsection.

      (4)A majority of the members of the task force constitutes a quorum for thetransaction of business.

      (5)Official action by the task force requires the approval of a majority of themembers of the task force.

      (6)The President of the Senate and the Speaker of the House of Representativesshall jointly appoint one member of the Senate who represents the majorityparty and one member of the House of Representatives who represents themajority party to serve as co-chairpersons of the task force.

      (7)If there is a vacancy for any cause, the appointing authority shall make anappointment to become immediately effective.

      (8)The task force shall meet at times and places specified by:

      (a)The work plan developed as provided in subsection (11) of this section;

      (b)The call of the co-chairpersons or of a majority of the members of the taskforce; or

      (c)The President of the Senate and the Speaker of the House of Representatives.

      (9)The task force may adopt rules necessary for the operation of the task force.

      (10)For the first special session of the Legislative Assembly occurring in 2010 or,if there is not a special session in 2010, for the regular session of theLegislative Assembly occurring in 2011, the task force shall presession filelegislation in the manner provided in ORS 171.130 for interim committees. Alllegislation recommended by official action of the task force must indicate thatit is introduced at the request of the task force.

      (11)No later than September 1, 2009, the co-chairpersons of the task force shalldevelop and submit to the President of the Senate and the Speaker of the Houseof Representatives a work plan that describes the timeline of the activities ofthe task force. The timeline must include the following:

      (a)At least four dates between August 1, 2009, and November 30, 2009, when thetask force will meet.

      (b)The date when the task force will provide to the legislative educationcommittees the report described in subsection (3) of this section andrecommendations for legislation. The date may be no later than December 15,2009.

      (12)The Legislative Administrator may employ persons necessary for the performanceof the functions of the task force. The Legislative Administrator shall fix theduties and amounts of compensation of these employees. The task force shall usethe services of permanent legislative staff to the greatest extent practicable.

      (13)All agencies of state government, as defined in ORS 174.111, are directed toassist the task force in the performance of its duties and, to the extentpermitted by laws relating to confidentiality, to furnish such information and adviceas the members of the task force consider necessary to perform their duties.[2009 c.691 §14]

      Sec.15.Section 14 of this 2009 Act is repealed on the date of the convening of thenext regular biennial legislative session [January 10, 2011]. [2009 c.691 §15]

 

GENERALPROVISIONS

 

      338.005Definitions.As used in this chapter, unless the context requires otherwise:

      (1)“Applicant” means any person or group that develops and submits a writtenproposal for a public charter school to a sponsor.

      (2)“Public charter school” means an elementary or secondary school offering acomprehensive instructional program operating under a written agreement enteredinto between a sponsor and an applicant and operating pursuant to this chapter.

      (3)“Remote and necessary school district” means a school district that offerskindergarten through grade 12 and has:

      (a)An average daily membership (ADM), as defined in ORS 327.006, in the priorfiscal year of less than 110; and

      (b)A school that is located, by the nearest traveled road, more than 20 miles fromthe 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 inwhich the public charter school is located that has developed a written charterwith an applicant to create a public charter school.

      (b)The State Board of Education pursuant to ORS 338.075.

      (5)(a)“Virtual public charter school” means a public charter school that providesonline courses.

      (b)“Virtual public charter school” does not include a public charter school thatprimarily serves students in a physical location. [1999 c.200 §2; 2007 c.575 §2;2009 c.691 §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 Actapply to a public charter school that:

      (1)First begins operation as a public charter school on or after the effectivedate 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 by1965 c.100 §153; renumbered 332.405]

 

      338.015Legislative intent; goals. It is the intent of this chapter that new types ofschools, called public charter schools, be created as a legitimate avenue forparents, educators and community members to take responsible risks to createnew, innovative and more flexible ways of educating children within the publicschool system. The Legislative Assembly seeks to create an atmosphere in Oregon’spublic school system where research and development of new learningopportunities are actively pursued. The provisions of this chapter should beinterpreted liberally to support the goals of this section and to advance arenewed commitment by this state to the mission, goals and diversity of publiceducation. It is the intent that public charter schools may serve as models andcatalysts for the improvement of other public schools and the public schoolsystem. 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 othercommunity members;

      (5)Encourage the use of different and innovative learning methods;

      (6)Provide opportunities in small learning environments for flexibility andinnovation, 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 by1965 c.100 §456]

 

      338.025Rules; waiver of provisions of chapter; exceptions. (1) The StateBoard of Education may adopt any rules necessary for the implementation of thischapter. The rules shall follow the intent of this chapter.

      (2)Upon application by a public charter school, the State Board of Education maygrant a waiver of any provision of this chapter if the waiver promotes thedevelopment of programs by providers, enhances the equitable access byunderserved families to the public education of their choice, extends theequitable access to public support by all students or permits high qualityprograms of unusual cost. The State Board of Education may not waive any appealprovision in this chapter or any provision under ORS 338.115 (1)(a) to (s). [1999c.200 §13; 2001 c.810 §3; 2005 c.367 §5; 2007 c.575 §4; 2007 c.660 §4; 2008c.50 §13]

 

      Note: The amendmentsto 338.025 by section 8, chapter 839, Oregon Laws 2007, and section 14, chapter50, Oregon Laws 2008, become operative July 1, 2017, and first apply to the2017-2018 school year. See section 9, chapter 839, Oregon Laws 2007, andsection 15, chapter 50, Oregon Laws 2008. The text that is operative on andafter July 1, 2017, is set forth for the user’s convenience.

      338.025. (1) The StateBoard of Education may adopt any rules necessary for the implementation of thischapter. The rules shall follow the intent of this chapter.

      (2)Upon application by a public charter school, the State Board of Education maygrant a waiver of any provision of this chapter if the waiver promotes thedevelopment of programs by providers, enhances the equitable access byunderserved families to the public education of their choice, extends theequitable access to public support by all students or permits high qualityprograms of unusual cost. The State Board of Education may not waive any appealprovision in this chapter or any provision under ORS 338.115 (1)(a) to (t).

 

      338.030 [Repealed by1965 c.100 §456]

 

FORMATION

 

      338.035Establishment requirements; proposal submission timeline; prohibitions. (1) A publiccharter 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) ofthe 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 onthe date the school first begins operation as a public charter school.

      (3)An applicant seeking to establish a public charter school shall submit aproposal pursuant to ORS 338.045 to the school district board of the schooldistrict within which the public charter school will be located at least 120days prior to the date upon which the public charter school would beginoperating. However, it is recommended that an applicant consult with the schooldistrict board prior to submitting a proposal.

      (4)An applicant seeking to establish a public charter school shall provide to theState Board of Education a copy of any proposal submitted to a school districtboard under ORS 338.045 and a copy of any subsequent approval by the schooldistrict board.

      (5)(a)One or more, but not all, schools in a school district may become publiccharter schools.

      (b)Notwithstanding paragraph (a) of this subsection, a school in a school districtthat is composed of only one school may become a public charter school.

      (6)(a)A school district board or the State Board of Education may not approve apublic charter school proposal that authorizes the conversion of any privateschool that is tuition based to a public charter school.

      (b)Notwithstanding paragraph (a) of this subsection, a school district board orthe State Board of Education may authorize the conversion of an existingalternative education program, as defined in ORS 336.615, to a public charterschool.

      (7)A school district board or the State Board of Education may not approve apublic charter school proposal that is affiliated with a nonpublic sectarianschool or a religious institution. [1999 c.200 §3; 2003 c.313 §1; 2005 c.209 §26;2007 c.575 §1; 2009 c.691 §2]

 

      Note: See note under338.005.

 

      338.040 [Repealed by1965 c.100 §456]

 

      338.045Proposal requirements; technical assistance; buildings. (1) Anapplicant seeking to establish a public charter school shall submit a writtenproposal 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 verifiedmethods of measuring and reporting objective results that will show the growtho