2007 Oregon Code - Chapter 338 :: Chapter 338 - Public Charter Schools
Chapter 338 —
Public Charter Schools
2007 EDITION
PUBLIC CHARTER SCHOOLS
EDUCATION AND CULTURE
GENERAL PROVISIONS
338.005Â Â Â Â Definitions
338.015Â Â Â Â Legislative
intent; goals
338.025Â Â Â Â Rules;
waiver of provisions of chapter; exceptions
FORMATION
338.035Â Â Â Â Establishment
requirements; proposal submission timeline; prohibitions
338.045Â Â Â Â Proposal
requirements; technical assistance; buildings
338.055Â Â Â Â Approval
process; public hearing; evaluation criteria; notice of decision; fees
prohibited; timeline extensions
338.065Â Â Â Â Terms
and form of charter; amendment of charter; renewal; appeal
338.075Â Â Â Â Review
of school district board decision; sponsorship by State Board of Education;
judicial review
OPERATION
338.095Â Â Â Â Annual
report, visit and audit
338.105Â Â Â Â Termination
of charter; appeal; rules; dissolution or closure of school
338.115Â Â Â Â Applicability
of laws; restrictions; powers; student diplomas and alternative certificates
338.125Â Â Â Â Student
admissions; fund-raising activities; online courses
338.135Â Â Â Â Employees;
licensure and registration requirements; collective bargaining; prohibition on
waiver of right to sponsor charter school
338.145Â Â Â Â Responsibility
for student transportation services; costs
FUNDING
338.155Â Â Â Â Minimum
amount required; grants available to charter schools
338.157Â Â Â Â Adjusting
number of students for poverty level
338.165Â Â Â Â Special
education students; payment for services
338.175Â Â Â Â
338.185Â Â Â Â 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
     (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 userÂ’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
     (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
boardÂ’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 sponsorÂ’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 schoolÂ’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 sponsorÂ’s designee at least annually shall visit the public
charter school site and review the public charter schoolÂ’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 studentsÂ’
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 schoolÂ’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 districtÂ’s and stateÂ’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 userÂ’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 districtÂ’s and stateÂ’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 districtÂ’s and stateÂ’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 userÂ’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 districtÂ’s and stateÂ’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, 2007. If
the referendum petition is filed with the required number of signatures of
electors, chapter 100, Oregon Laws 2007, will be submitted to the people for
their approval or rejection at the regular general election held on November 4,
2008. If approved by the people at the general election, chapter 100, Oregon
Laws 2007, takes effect December 4, 2008. If the referendum petition is not
filed with the Secretary of State or does not contain the required number of
signatures of electors, the amendments to 338.125 by section 23, chapter 100,
Oregon Laws 2007, take effect January 1, 2008. 338.125, as amended by section
23, chapter 100, Oregon Laws 2007, is set forth for the userÂ’s convenience.
     338.125. (1) Student enrollment in a public charter
school shall be voluntary. All students who reside within the school district
where the public charter school is located are eligible for enrollment at a
public charter school. If the number of applications from students who reside
within the school district exceeds the capacity of a program, class, grade
level or building, the public charter school shall select students through an
equitable lottery selection process. However, after a public charter school has
been in operation for one or more years, the public charter school may give
priority for admission to students:
     (a) Who were enrolled in the school in the
prior year; or
     (b) Who have siblings who are presently
enrolled in the school and who were enrolled in the school in the prior year.
     (2)(a) If space is available a public
charter school may admit students who do not reside in the school district in
which the public charter school is located.
     (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 race, religion, sex, sexual orientation, ethnicity,
national origin, disability, income level, proficiency in the English language
or athletic ability, but may limit admission to students within a given age
group or grade level.
     (4) A public charter school may conduct
fund-raising activities. However, a public charter school may not require a
student to participate in fund-raising activities as a condition of admission
to the public charter school.
     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 public charter school or the sponsor
of the public charter school may be 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 shall 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.
     (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) A school district or the State Board
of Education 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]
     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
Minimum amount required; grants available to charter schools. (1) 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.
     (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 schoolÂ’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 districtÂ’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 districtÂ’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 and within the boundaries of the school district, payment for
provision of educational services to the public charter schoolÂ’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 districtÂ’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 districtÂ’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
districtÂ’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 districtÂ’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 subsections (2) or (3) of this section
to:
     (a) 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; or
     (b) The Department of Education if the
State Board of Education is the sponsor of the public charter school.
     (6) The department may use any money
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 schoolÂ’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]
     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 (7)(a)(E)(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]
     338.165
Special education students; payment for services. (1) Notwithstanding ORS 338.155 (1), for
purposes of this section, the “resident school district” of a student who is
eligible for special education and related services shall be the school
district in which the studentÂ’s parent or guardian or person in parental
relationship to the student reside pursuant to ORS 339.133 and 339.134.
     (2) For students who attend public charter
schools and are eligible for special education and related services:
     (a) The resident school district of the
student shall be responsible for providing any required special education and
related services to the student; and
     (b) Amounts from the State School Fund for
those students shall be distributed through the resident school district
pursuant to this section.
     (3) Notwithstanding ORS 338.155 (2), a
resident school district of a student who is eligible for special education and
related services shall contractually establish, with any public charter school
in which the student is enrolled, payment for provision of special education
and related services to the student. 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 (7)(a)(A). 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 school
districtÂ’s General Purpose Grant per ADMw 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
school districtÂ’s General Purpose Grant per ADMw as calculated under ORS
327.013 for students who are enrolled in grades 9 through 12.
     (4) If the resident school district is not
the sponsor of a public charter school, the resident school district 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 districtÂ’s General Purpose Grant per ADMw
as calculated under ORS 327.013 to the sponsor of the public charter school.
     (5) Notwithstanding subsection (3) 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 (3) of this section. [1999 c.200 §21]
     338.175
     (2) The moneys in the fund are
appropriated continuously to the Department of Education. [1999 c.200 §22]
     338.185
Grant and loan program; rules.
(1) The Department of Education shall award grants and loans to public charter
schools that have a charter approved by a sponsor or to applicants that wish to
establish or expand a public charter school. The purpose of the grants and
loans is to promote development of high quality public charter schools.
     (2) Pursuant to rules adopted by the State
Board of Education, the Department of Education shall award grants and loans on
the basis of need. Priority for awarding grants and loans shall be to those
public charter schools serving at-risk youth.
     (3) The State Board of Education shall
adopt by rule criteria for awarding grants and loans under this section. [1999
c.200 §23]
     338.990 [Repealed by 1965 c.100 §456]
_______________
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