There is a newer version of the Oregon Revised Statutes
2011 Oregon Revised Statutes
ORS Volume 9, Chapters 326 - 365
ORS Chapter 338
- 338.005 Definitions.
- Note: Section 3, chapter 575, Oregon Laws 2007, provides:
- Sec. 3.
- 338.010 [Amended by 1965 c.100 153; renumbered 332.405]
- 338.015 Legislative intent; goals.
- 338.020 [Repealed by 1965 c.100 456]
- 338.025 Rules; waiver of provisions of chapter; exceptions.
- Note: The amendments to 338.025 by section 8, chapter 839, Oregon Laws 2007, and section 14, chapter 50, Oregon Laws 2008, become operative July 1, 2017, and first apply to the 2017-2018 school year. See section 9, chapter 839, Oregon Laws 2007, and section 15, chapter 50, Oregon Laws 2008. The text that is operative on and after July 1, 2017, including amendments by section 5, chapter 53, Oregon Laws 2010, section 4, chapter 72, Oregon Laws 2010, section 5, chapter 94, Oregon Laws 2011, section 4, chapter 649, Oregon Laws 2011, and section 27, chapter 718, Oregon Laws 2011, is set forth for the user s convenience.
- 338.025. (1) The State Board of Education may adopt any rules necessary for the implementation of this chapter. The rules shall follow the intent of this chapter. (2) Upon application by a public charter school, the State Board of Education may grant a waiver of any provision of this chapter if the waiver promotes the development of programs by providers, enhances the equitable access by underserved families to the public education of their choice, extends the equitable access to public support by all students or permits high quality programs of unusual cost. The State Board of Education may not waive any appeal provision in this chapter or any provision under ORS 338.115 (1)(a) to (v), 338.120, 338.125 (4), 338.135 (2)(b) or 339.122.
- 338.030 [Repealed by 1965 c.100 456] FORMATION
- 338.035 Establishment requirements; proposal submission timeline; prohibitions.
- Note: See note under 338.005.
- 338.040 [Repealed by 1965 c.100 456]
- 338.045 Proposal requirements; technical assistance; buildings.
- Note: Section 6, chapter 684, Oregon Laws 2011, provides:
- Sec. 6.
- 338.050 [Repealed by 1965 c.100 456]
- 338.055 Approval process; public hearing; evaluation criteria; notice of decision; fees prohibited; timeline extensions.
- Note: See note under 338.045.
- Note: The amendments to 338.055 by section 10, chapter 695, Oregon Laws 2011, become operative July 1, 2017. See section 12, chapter 695, Oregon Laws 2011, as amended by section 30, chapter 718, Oregon Laws 2011. The text that is operative on and after July 1, 2017, is set forth for the user s convenience.
- 338.055. (1) Within 60 days of receipt of a proposal submitted under ORS 338.045, the school district board shall hold a public hearing on the provisions of the proposal. (2) The school district board shall evaluate a proposal in good faith using the following criteria: (a) The demonstrated, sustainable support for the public charter school by teachers, parents, students and other community members, including comments received at the public hearing held under subsection (1) of this section; (b) The demonstrated financial stability of the public charter school, including the demonstrated ability of the school to have a sound financial management system that is in place at the time the school begins operating and that meets the requirements of ORS 338.095 (1); (c) The capability of the applicant, in terms of support and planning, to provide comprehensive instructional programs to students pursuant to an approved proposal; (d) The capability of the applicant, in terms of support and planning, to specifically provide, pursuant to an approved proposal, comprehensive instructional programs to students identified by the applicant as academically low achieving; (e) The extent to which the proposal addresses the information required in ORS 338.045; (f) Whether the value of the public charter school is outweighed by any directly identifiable, significant and adverse impact on the quality of the public education of students residing in the school district in which the public charter school will be located; (g) Whether there are arrangements for any necessary special education and related services for children with disabilities pursuant to ORS 338.165; and (h) Whether there are alternative arrangements for students and for teachers and other school employees who choose not to attend or who choose not to be employed by the public charter school. (3) The school district board must approve a proposal or state in writing the reasons for disapproving a proposal within 30 days after the public hearing held under subsection (1) of this section. (4) Written notice of the school district board s action shall be sent to the applicant. If the proposal is not approved, the reasons for the denial and suggested remedial measures, if any, shall be clearly stated in the notice sent by the school district board to the applicant. If the proposal is not approved, the applicant may amend the proposal to address objections and any suggested remedial measures and resubmit the proposal to the school district board. The school district board shall approve or disapprove the resubmitted proposal within 20 days after receiving it. If the proposal is not approved, the applicant may appeal the decision of the school district board to the State Board of Education. (5) Individual elements in a public charter school proposal may be changed through the proposal and chartering process. (6) A proposal to convert an existing public school to a public charter school must be approved by the school district board of the public school. (7) Entities described in ORS 338.005 (5) may not charge any fee to applicants for the proposal process. (8) Upon request by a school district, the State Board of Education may grant an extension of any timeline required by this section if the district has good cause for requesting the extension.
- 338.060 [Renumbered 332.415]
- 338.065 Terms and form of charter; amendment of charter; renewal; appeal.
- Note: Section 5, chapter 695, Oregon Laws 2011, provides:
- Sec. 5.
- 338.070 [Amended by 1965 c.100 154; 1965 c.123 2; renumbered 332.425]
- 338.075 Review of school district board decision; sponsorship by State Board of Education or institution of higher education; judicial review.
- Note: The amendments to 338.075 by section 29, chapter 718, Oregon Laws 2011, become operative July 1, 2017. See section 12, chapter 695, Oregon Laws 2011, as amended by section 30, chapter 718, Oregon Laws 2011. The text that is operative on and after July 1, 2017, is set forth for the user s convenience.
- 338.075. (1) If a school district board does not approve a proposal to start a public charter school pursuant to ORS 338.055, the applicant may request that the State Board of Education review the decision of the school district board. (2) Upon receipt of a request for review, the State Board of Education: (a) Shall attempt to mediate a resolution between the applicant and the school district board. (b) May recommend to the applicant and school district board revisions to the proposal. (c) If the school district board does not accept the revisions to the proposal and the applicant agrees to the sponsorship, may become the sponsor of the public charter school. (3) Upon receipt of a request for review, in addition to actions described in subsection (2) of this section and at any time during the review process, the State Board of Education may reject a proposal to start a public charter school if the school fails to meet the requirements of this chapter. (4) An applicant may seek judicial review of an order of the State Board of Education pursuant to ORS 183.484. If the court finds that the decision of the State Board of Education is not supported by substantial evidence in the record, the court shall enter a judgment directing the State Board of Education to sponsor the public charter school. (5)(a) An institution of higher education may sponsor a public charter school only if: (A) The main campus of the institution of higher education is located within 25 miles of the proposed public charter school, based on the nearest traveled road; and (B) The institution of higher education first became a sponsor of the public charter school prior to July 1, 2017. (b) An institution of higher education may sponsor only one public charter school in this state, regardless of the number of campuses or locations of the institution of higher education. (c) If a public charter school has a sponsor that is an institution of higher education and the public charter school enters into a contract with a third-party entity to provide educational services for the public charter school: (A) A member of the governing body of the public charter school or the governing body of the sponsor may not be an employee of the third-party entity, be a member of the governing board of the third-party entity or be any other representative of the third-party entity; (B) An employee or a member of the governing board of the third-party entity may not attend an executive session of the sponsor; (C) An employee of the public charter school may not promote the sale or benefits of private supplemental services or classes offered by the third-party entity; and (D) The educational services provided by the third-party entity must comply with state standards and requirements, and any provision of the contract with the third-party entity that does not allow for the provision of educational services that comply with state standards and requirements is void.
- 338.080 Cooperative agreement to provide educational services.
- 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.
- Note: The amendments to 338.115 by section 7, chapter 839, Oregon Laws 2007, and section 12, chapter 50, Oregon Laws 2008, become operative July 1, 2017, and first apply to the 2017-2018 school year. See section 9, chapter 839, Oregon Laws 2007, and section 15, chapter 50, Oregon Laws 2008. The text that is operative on and after July 1, 2017, including amendments by section 4, chapter 618, Oregon Laws 2009, section 3, chapter 53, Oregon Laws 2010, section 3, chapter 94, Oregon Laws 2011, section 118, chapter 637, Oregon Laws 2011, and section 5, chapter 682, Oregon Laws 2011, is set forth for the user s convenience.
- 338.115. (1) Statutes and rules that apply to school district boards, school districts or other public schools do not apply to public charter schools. However, the following laws do apply to public charter schools: (a) Federal law; (b) ORS 30.260 to 30.300 (tort claims); (c) ORS 192.410 to 192.505 (public records law); (d) ORS 192.610 to 192.690 (public meetings law); (e) ORS 297.405 to 297.555 and 297.990 (Municipal Audit Law); (f) ORS 326.565, 326.575 and 326.580 (student records); (g) ORS 181.534, 326.603, 326.607, 342.223 and 342.232 (criminal records checks); (h) ORS 329.045 (academic content standards and instruction); (i) ORS 329.451 (high school diploma, modified diploma, extended diploma and alternative certificate); (j) ORS 329.496 (physical education); (k) The statewide assessment system developed by the Department of Education for mathematics, science and English under ORS 329.485 (2); (L) ORS 337.150 (textbooks); (m) ORS 339.141, 339.147 and 339.155 (tuition and fees); (n) ORS 339.250 (12) (prohibition on infliction of corporal punishment); (o) ORS 339.326 (notice concerning students subject to juvenile court petitions); (p) ORS 339.370, 339.372, 339.388 and 339.400 (reporting of child abuse and training on prevention and identification of child abuse); (q) ORS chapter 657 (Employment Department Law); (r) ORS 659.850, 659.855 and 659.860 (discrimination); (s) Any statute or rule that establishes requirements for instructional time provided by a school during each day or during a year; (t) Health and safety statutes and rules; (u) Any statute or rule that is listed in the charter; (v) ORS 339.119 (consideration for educational services); and (w) This chapter. (2) Notwithstanding subsection (1) of this section, a charter may specify that statutes and rules that apply to school district boards, school districts and other public schools may apply to a public charter school. (3) If a statute or rule applies to a public charter school, then the terms school district and public school include public charter school as those terms are used in that statute or rule. (4) A public charter school may not violate the Establishment Clause of the First Amendment to the United States Constitution or section 5, Article I of the Oregon Constitution, or be religion based. (5)(a) A public charter school shall maintain an active enrollment of at least 25 students. (b) For a public charter school that provides educational services under a cooperative agreement described in ORS 338.080, the public charter school is in compliance with the requirements of this subsection if the public charter school provides educational services under the cooperative agreement to at least 25 students, without regard to the school districts in which the students are residents. (6) A public charter school may sue or be sued as a separate legal entity. (7) The sponsor, members of the governing board of the sponsor acting in their official capacities and employees of a sponsor acting in their official capacities are immune from civil liability with respect to all activities related to a public charter school within the scope of their duties or employment. (8) A public charter school may enter into contracts and may lease facilities and services from a school district, education service district, public university listed in ORS 352.002, other governmental unit or any person or legal entity. (9) A public charter school may not levy taxes or issue bonds under which the public incurs liability. (10) A public charter school may receive and accept gifts, grants and donations from any source for expenditure to carry out the lawful functions of the school. (11) The school district in which the public charter school is located shall offer a high school diploma, a modified diploma, an extended diploma or an alternative certificate to any public charter school student who meets the district s and state s standards for a high school diploma, a modified diploma, an extended diploma or an alternative certificate. (12) A high school diploma, a modified diploma, an extended diploma or an alternative certificate issued by a public charter school grants to the holder the same rights and privileges as a high school diploma, a modified diploma, an extended diploma or an alternative certificate issued by a nonchartered public school. (13) Prior to beginning operation, the public charter school shall show proof of insurance to the sponsor as specified in the charter. (14) A public charter school may receive services from an education service district in the same manner as a nonchartered public school in the school district in which the public charter school is located.
- 338.120 Additional requirements for virtual public charter schools; access to documents.
- 338.125 Student enrollment; nonresident students; appeals; written notices.
- Note: The amendments to 338.125 by section 24, chapter 718, Oregon Laws 2011, become operative July 1, 2012, and first apply to persons who seek consent for the 2012-2013 school year. See section 25, chapter 718, Oregon Laws 2011. The text that is operative until July 1, 2012, including amendments by section 23, chapter 718, Oregon Laws 2011, is set forth for the user s convenience.
- 338.125. (1) Student enrollment in a public charter school is voluntary. (2)(a) All students who reside in the school district in which the public charter school is located are eligible for enrollment in the public charter school if space is available. (b) Students who do not reside in the school district in which the public charter school is located are eligible for enrollment in the public charter school if space is available and subject to subsection (4) of this section. (c) A public charter school may not limit student enrollment based on race, religion, sex, sexual orientation, ethnicity, national origin, disability, the terms of an individualized education program, income level, proficiency in the English language or athletic ability. (3)(a) Except as provided by paragraph (b) of this subsection, if the number of applications from students who reside in the school district exceeds the capacity of a program, class, grade level or building, the public charter school shall select students through an equitable lottery selection process. (b) After a public charter school has been in operation for one or more years, the public charter school may give priority for admission to students who: (A) Were enrolled in the school in the prior year; (B) Have siblings who are presently enrolled in the school and who were enrolled in the school in the prior year; or (C) If the public charter school is a party to a cooperative agreement described in ORS 338.080, reside in the school district that is the sponsor of the public charter school or in a school district that is a party to the cooperative agreement. (4)(a) A student who wishes to enroll in a virtual public charter school does not need the approval of the school district where the student is a resident before the student enrolls in the virtual public charter school. If a student wishes to enroll in a virtual public charter school, the parent, legal guardian or person in parental relationship with the student must provide the following notices to the school district where the student is a resident: (A) Intent to enroll the student in a virtual public charter school; and (B) Enrollment of the student in a virtual public charter school. (b) Notwithstanding paragraph (a) of this subsection and ORS 339.133, if more than three percent of the students who reside in a school district are enrolled in virtual public charter schools that are not sponsored by the school district, a student who is a resident of the school district must receive approval from the school district before enrolling in a virtual public charter school. A school district is not required to give approval if more than three percent of the students who reside in the school district are enrolled in virtual public charter schools that are not sponsored by the school district. (c) If the school district does not give approval under paragraph (b) of this subsection, the school district must provide information to the parent, legal guardian or person in parental relationship with the student about the right to appeal the decision to the State Board of Education and other online options available to the student. If an appeal is made to the State Board of Education, the board must issue a decision within 30 days of the submission of the appeal. (5) Within 10 days of a student s enrollment in a public charter school, the public charter school shall provide written notice of the student s enrollment to the school district in which the public charter school is located if the student does not reside in the school district where the public charter school is located. (6) Within 10 days of receiving the notice described in subsection (5) of this section, the school district in which the public charter school is located shall provide to the student s parent, legal guardian or person in parental relationship written information about: (a) The school district s responsibility to identify, locate and evaluate students enrolled in the public charter school to determine which students may be in need of special education and related services as provided by ORS 338.165; and (b) The methods by which the school district may be contacted to answer questions or provide information related to special education and related services. (7) When a student described in subsection (5) of this section withdraws from a public charter school for a reason other than graduation from high school, the school district in which the public charter school is located shall: (a) Provide to the school district in which the student resides written notice that the student has withdrawn. (b) Provide to the student s parent, legal guardian or person in parental relationship written information about: (A) The responsibility of the school district in which the student resides to identify, locate and evaluate students who reside in the school district to determine which students may be in need of special education and related services as provided by ORS 338.165; and (B) The methods by which the school district in which the student resides may be contacted to answer questions or provide information related to special education and related services. (8)(a) If a student described in subsection (5) of this section enrolls in a public charter school and has an individualized education program, the school district in which the public charter school is located must implement the individualized education program and follow the terms of the individualized education program until a new individualized education program is developed. (b) If a student described in subsection (5) of this section withdraws from a public charter school and has an individualized education program, the school district in which the student resides must implement the individualized education program and follow the terms of the individualized education program until a new individualized education program is developed. (9) When a virtual public charter school enrolls a student or a student no longer is enrolled in a virtual public charter school, the virtual public charter school shall provide the written notices described in ORS 338.120 (1)(m) and (n) to the school district where the student is a resident. (10) A public charter school may conduct fund-raising activities but may not require a student to participate in fund-raising activities as a condition of admission to the public charter school.
- 338.135 Employees; licensure and registration requirements; collective bargaining; prohibition on waiver of right to sponsor charter school.
- 338.145 Responsibility for student transportation services; costs.
- 338.155 Distributions of State School Fund amounts; grants available to charter schools.
- 338.157 Adjusting number of students for poverty level.
- 338.165 Special education students; payment for services.
- 338.175 [1999 c.200 22; repealed by 2009 c.95 2]
- 338.185 [1999 c.200 23; repealed by 2011 c.313 25]
- 338.990 [Repealed by 1965 c.100 456] _______________
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