US Laws, Codes, Statutes & Cases

Chapter 338 — Public Charter Schools

 

2007 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; judicial review

 

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

 

338.125     Student admissions; fund-raising activities; online courses

 

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     Minimum amount required; grants available to charter schools

 

338.157     Adjusting number of students for poverty level

 

338.165     Special education students; payment for services

 

338.175     Public Charter School Development Fund

 

338.185     Grant and loan program; rules

 

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

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

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

      (b) A school that is located, by the nearest traveled road, more than 20 miles from the nearest school or from a city with a population of more than 5,000.

      (4) “Sponsor” means:

      (a) The board of the common school district or the union high school district in which the public charter school is located that has developed a written charter with an applicant to create a public charter school.

      (b) The State Board of Education pursuant to ORS 338.075. [1999 c.200 §2; 2007 c.575 §2]

 

      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 (r). [1999 c.200 §13; 2001 c.810 §3; 2005 c.367 §5; 2007 c.575 §4; 2007 c.660 §4]

 

      Note: The amendments to 338.025 by section 8, chapter 839, Oregon Laws 2007, become operative July 1, 2017, and first apply to the 2017-2018 school year. See section 9, chapter 839, Oregon Laws 2007. The text that is operative on and after July 1, 2017, 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 (s).

 

      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) From an existing public school or a portion of the school; or

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

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

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

 

      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) The standards for behavior and the procedures for the discipline, suspension or expulsion of students;

      (o) The proposed school calendar for the public charter school, including the length of the school day and school year;

      (p) A description of the proposed staff members and required qualifications of teachers at the public charter school;

      (q) The date upon which the public charter school would begin operating;

      (r) The arrangements for any necessary special education and related services provided pursuant to ORS 338.165 for children with disabilities who may attend the public charter school;

      (s) Information on the manner in which community groups may be involved in the planning and development process of the public charter school;

      (t) The term of the charter;

      (u) The plan for performance bonding or insuring the public charter school, including buildings and liabilities;

      (v) A proposed plan for the placement of public charter school teachers, other school employees and students of the public charter school upon termination or nonrenewal of a charter;

      (w) The manner in which the program review and fiscal audit will be conducted; and

      (x) In the case of an existing public school being converted to charter status:

      (A) The alternative arrangements for students who choose not to attend the public charter school and for teachers and other school employees who choose not to participate in the public charter school; and

      (B) The relationship that will exist between the public charter school and its employees, including evidence that the terms and conditions of employment have been addressed with affected employees and their recognized representative, if any.

      (3) In addition to 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]

 

      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;

      (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) The school district board or the State Board of Education shall 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]

 

      338.060 [Renumbered 332.415]

 

      338.065 Terms and form of charter; amendment of charter; renewal; appeal. (1) 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. The sponsor and 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.

      (2) The sponsor and the public charter school governing body may amend a charter by joint agreement.

      (3)(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.

      (4)(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.

      (5)(a) If the sponsor does not renew the charter based on the revised request for renewal submitted under subsection (4)(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 board finds that the sponsor used the process required by this section in denying the request for renewal, the board shall affirm the decision of the sponsor. A public charter school governing body may seek judicial review of an order of the board pursuant to ORS 183.484.

      (c) If the board finds that the sponsor did not use the process required by this section in denying the request for renewal, the 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.

      (e) If the board is the sponsor of a public charter school and the board does not renew the charter based on the revised request for renewal submitted under subsection (4)(g) of this section, the public charter school governing body may seek judicial review of an order of the board pursuant to ORS 183.484 for a review of whether the board used the process required by this section in denying the request for renewal.

      (6)(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

      (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]

 

      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; 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 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. [1999 c.200 §9; 2001 c.376 §1; 2005 c.209 §28]

 

OPERATION

 

      338.095 Annual report, visit and audit. (1) A public charter school shall report to the sponsor and the State Board 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.

      (2) 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 annual audit shall be forwarded to the sponsor, the State Board of Education and the Department of Education.

      (3) 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]

 

      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.

      (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 any decision of a sponsor that is:

      (a) A school district board to the State Board of Education. The State Board of Education shall adopt by rule procedures to ensure a timely appeals process to prevent disruption of students’ education.

      (b) The State Board of Education to the circuit court pursuant to ORS 183.484.

      (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, 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.

      (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]

 

      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 192.410 to 192.505 (public records law);

      (c) ORS 192.610 to 192.690 (public meetings law);

      (d) ORS 297.405 to 297.555 and 297.990 (Municipal Audit Law);

      (e) ORS 181.534, 326.603, 326.607, 342.223 and 342.232 (criminal records checks);

      (f) ORS 337.150 (textbooks);

      (g) ORS 339.141, 339.147 and 339.155 (tuition and fees);

      (h) ORS 659.850, 659.855 and 659.860 (discrimination);

      (i) ORS 30.260 to 30.300 (tort claims);

      (j) Health and safety statutes and rules;

      (k) Any statute or rule that is listed in the charter;

      (L) The statewide assessment system developed by the Department of Education for mathematics, science and English under ORS 329.485 (2);

      (m) ORS 329.045 (academic content standards and instruction);

      (n) Any statute or rule that establishes requirements for instructional time provided by a school during each day or during a year;

      (o) ORS 339.250 (12) (prohibition on infliction of corporal punishment);

      (p) ORS 339.370, 339.372, 339.375 and 339.377 (reporting of child abuse and training on prevention and identification of child abuse);

      (q) ORS 329.451 (diploma, modified diploma and alternative certificate);

      (r) ORS chapter 657 (Employment Department Law); and

      (s) 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 public charter school shall maintain an active enrollment of at least 25 students.

      (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, state institution of higher education, 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, modified diploma or alternative certificate to any public charter school student who meets the district’s and state’s standards for a high school diploma, modified diploma or alternative certificate.

      (12) A high school diploma, modified diploma or alternative certificate issued by a public charter school grants to the holder the same rights and privileges as a high school diploma, modified diploma or 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]

 

      Note 1: The amendments to 338.115 by section 17, chapter 660, Oregon Laws 2007, and section 33, chapter 858, Oregon Laws 2007, first apply to the 2008-2009 school year. See section 17, chapter 660, Oregon Laws 2007, and section 41, chapter 858, Oregon Laws 2007. The text that applies prior to the 2008-2009 school year, including amendments by section 6, chapter 35, Oregon Laws 2007, section 3, chapter 256, Oregon Laws 2007, section 3, chapter 501, Oregon Laws 2007, and section 5, chapter 575, Oregon Laws 2007, 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 192.410 to 192.505 (public records law);

      (c) ORS 192.610 to 192.690 (public meetings law);

      (d) ORS 297.405 to 297.555 and 297.990 (Municipal Audit Law);

      (e) ORS 181.534, 326.603, 326.607, 342.223 and 342.232 (criminal records checks);

      (f) ORS 337.150 (textbooks);

      (g) ORS 339.141, 339.147 and 339.155 (tuition and fees);

      (h) ORS 659.850, 659.855 and 659.860 (discrimination);

      (i) ORS 30.260 to 30.300 (tort claims);

      (j) Health and safety statutes and rules;

      (k) Any statute or rule that is listed in the charter;

      (L) The statewide assessment system developed by the Department of Education for mathematics, science and English under ORS 329.485 (1);

      (m) ORS 329.045 (academic content standards and instruction);

      (n) Any statute or rule that establishes requirements for instructional time provided by a school during each day or during a year;

      (o) ORS 339.250 (12) (prohibition on infliction of corporal punishment);

      (p) ORS 339.370, 339.372, 339.375 and 339.377 (reporting of child abuse and training on prevention and identification of child abuse);

      (q) ORS chapter 657 (Employment Department Law); and

      (r) 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 public charter school shall maintain an active enrollment of at least 25 students.

      (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, state institution of higher education, 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, certificate, Certificate of Initial Mastery or Certificate of Advanced Mastery to any public charter school student who meets the district’s and state’s standards for a high school diploma, certificate, Certificate of Initial Mastery or Certificate of Advanced Mastery. If the school district offers a Certificate of Initial Mastery subject area endorsement to students who attend school in the district, then the school district shall offer the endorsement to any public charter school student who meets the district’s and state’s standards for the endorsement.

      (12) A high school diploma, certificate, Certificate of Initial Mastery, Certificate of Initial Mastery subject area endorsement or Certificate of Advanced Mastery issued by a public charter school grants to the holder the same rights and privileges as a high school diploma, certificate, Certificate of Initial Mastery, Certificate of Initial Mastery subject area endorsement or Certificate of Advanced Mastery 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.

 

      Note 2: The amendments to 338.115 by section 7, chapter 839, Oregon Laws 2007, become operative July 1, 2017, and first apply to the 2017-2018 school year. See section 9, chapter 839, Oregon Laws 2007. The text that is operative on and after July 1, 2017, 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 192.410 to 192.505 (public records law);

      (c) ORS 192.610 to 192.690 (public meetings law);

      (d) ORS 297.405 to 297.555 and 297.990 (Municipal Audit Law);

      (e) ORS 181.534, 326.603, 326.607, 342.223 and 342.232 (criminal records checks);

      (f) ORS 337.150 (textbooks);

      (g) ORS 339.141, 339.147 and 339.155 (tuition and fees);

      (h) ORS 659.850, 659.855 and 659.860 (discrimination);

      (i) ORS 30.260 to 30.300 (tort claims);

      (j) Health and safety statutes and rules;

      (k) Any statute or rule that is listed in the charter;

      (L) The statewide assessment system developed by the Department of Education for mathematics, science and English under ORS 329.485 (2);

      (m) ORS 329.045 (academic content standards and instruction);

      (n) ORS 329.496 (physical education);

      (o) Any statute or rule that establishes requirements for instructional time provided by a school during each day or during a year;

      (p) ORS 339.250 (12) (prohibition on infliction of corporal punishment);

      (q) ORS 339.370, 339.372, 339.375 and 339.377 (reporting of child abuse and training on prevention and identification of child abuse);

      (r) ORS 329.451 (diploma, modified diploma and alternative certificate);

      (s) ORS chapter 657 (Employment Department Law); and

      (t) 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 public charter school shall maintain an active enrollment of at least 25 students.

      (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, state institution of higher education, 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, modified diploma or alternative certificate to any public charter school student who meets the district’s and state’s standards for a high school diploma, modified diploma or alternative certificate.

      (12) A high school diploma, modified diploma or alternative certificate issued by a public charter school grants to the holder the same rights and privileges as a high school diploma, modified diploma or 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.

 

      338.125 Student admissions; fund-raising activities; online courses. (1) Student enrollment in a public charter school shall be voluntary. All students who reside within the school district where the public charter school is located are eligible for enrollment at a public charter school. If the number of applications from students who reside within the school district exceeds the capacity of a program, class, grade level or building, the public charter school shall select students through an equitable lottery selection process. However, after a public charter school has been in operation for one or more years, the public charter school may give priority for admission to students:

      (a) Who were enrolled in the school in the prior year; or

      (b) Who have siblings who are presently enrolled in the school and who were enrolled in the school in the prior year.

      (2)(a) If space is available a public charter school may admit students who do not reside in the school district in which the public charter school is located.

      (b) Notwithstanding paragraph (a) of this subsection, if a public charter school offers any online courses as part of the curriculum of the school, then 50 percent or more of the students who attend the public charter school must reside in the school district in which the public charter school is located.

      (3) A public charter school may not limit student admission based on ethnicity, national origin, race, religion, disability, gender, income level, proficiency in the English language or athletic ability, but may limit admission to students within a given age group or grade level.

      (4) A public charter school may conduct fund-raising activities. However, a public charter school shall 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]

 

      Note: The amendments to 338.125 by section 23, chapter 100, Oregon Laws 2007, are the subject of a referendum petition that may be filed with the Secretary of State not later than September 26, 200