Oregon Revised Statutes

Chapter 338 — —

30 sections

338.005 Definitions for chapter

As used in this chapter, unless the context requires otherwise: “Applicant” means any person or group that develops and submits a written proposal for a public charter school to a sponsor. “Public charter school” means an elementary or secondary school offering a comprehensive instructional program operating under a written agreement entered into between a…

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 Or…

338.020 [Repealed by 1965 c.100 §456]

338.025 Rules; waiver of provisions of chapter; exceptions

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. 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 equit…

338.030 [Repealed by 1965 c.100 §456]

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338.035 Establishment requirements; proposal submission timeline; prohibitions

A public charter school may be established: As a new public school; As a virtual public charter school; From an existing public school or a portion of the school; or From an existing alternative education program, as defined in ORS 336.615. Before a public charter school may operate as a public charter school, it must: Be approved by a sponsor; Be est…

338.040 [Repealed by 1965 c.100 §456]

338.045 Proposal requirements; technical assistance; buildings

An applicant described in ORS 338.035 (4)(a)(A) seeking to establish a public charter school shall submit a written proposal to a school district board. The proposal shall include, but need not be limited to: The identification of the applicant; The name of the proposed public charter school; A description of the philosophy and mission of the public char…

338.050 [Repealed by 1965 c.100 §456]

338.055 Evaluation process and criteria; appeals; mediation

Upon receipt of a proposal submitted under ORS 338.045, the school district board shall determine whether the proposal is complete. A proposal is complete if the proposal addresses, at least minimally, each element required by ORS 338.045 (2) and (3). The school district board shall notify an applicant within 30 days after receipt of a proposal if the propo…

338.060 [Renumbered 332.415]

338.065 Terms and form of charter; renewal; appeal

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. Pursuant to ORS 338.075 (2), (3) or (4), the State Board of Education shall become the sponsor of the public charter school. The sponsor and the applicant shall develop a written charter that contains th…

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

If a school district board disapproves a proposal to establish a public charter school following reconsideration of a proposal pursuant to ORS 338.055 (5), the applicant may request that the State Board of Education review the decision of the school district board. If the State Board of Education reviews a decision of the school district board, as provided …

338.080 Cooperative agreement to provide educational services

A sponsor and a public charter school may enter into a cooperative agreement with other school districts for the purpose of forming a partnership to provide educational services. A cooperative agreement entered into as provided by this section must: Be incorporated into the charter of the public charter school; and Describe the terms of the partnership be…

338.095 Financial management system; annual report, visit and audit

The financial management system of a public charter school must include a budget and accounting system that: Is compatible with the budget and accounting system of the sponsor of the school; and Complies with the requirements of the uniform budget and accounting system adopted by rule of the State Board of Education under ORS 327.511. A public charter sch…

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

During the term of a charter, the sponsor may terminate the charter on any of the following grounds: Failure to meet the terms of an approved charter or this chapter. Failure to meet the requirements for student performance stated in the charter. Failure to correct a violation of a federal or state law that is described in ORS 338.115. Failure to maintai…

338.115 Applicability of laws; restrictions; powers; student diplomas and certificates of attendance

Statutes and rules that apply only 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: Federal law; ORS 30.260 to 30.300 (tort claims); ORS 192.311 to 192.478 (public records law); ORS 192.610 to 192.705 (public meetings law); ORS chap…

338.120 Additional requirements for virtual public charter schools; access to documents

In addition to any other requirements of this chapter for a public charter school, a virtual public charter school must have: A plan for academic achievement that addresses how the school will improve student learning and meet academic content standards required by ORS 329.045. Performance criteria the school will use to measure the progress of the school …

338.125 Student enrollment; nonresident students; appeals; written notices

Student enrollment in a public charter school is voluntary. 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. Students who do not reside in the school district in which the public charter school is located are eligible for enrollment i…

338.130 Operation of school or of tutoring or testing facility not located in sponsoring school district; compliance

As used in this section: “Nonsponsoring school district board” means the school district board that: Is the school district board of the school district in which a public charter school is operating, or proposes to operate, a school or a tutoring or testing facility; and Is not the sponsor of the public charter school. “Nonvirtual public charter school” …

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

Employee assignment to a public charter school shall be voluntary. A public charter school or the sponsor of the public charter school is considered the employer of any employees of the public charter school. If a school district board is not the sponsor of the public charter school, the school district board may not be the employer of the employees of the …

338.145 Responsibility for student transportation services; costs

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. Notwithstanding subsection (1) of this sect…

338.155 Distributions of State School Fund amounts; grants available to charter schools

Except as provided by paragraph (d) of this subsection, students of a public charter school are 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. All amounts to be distributed from the State School Fund for public charter schools shall first be distributed t…

338.157 Adjusting number of students for poverty level

For purposes of calculating the weighted average daily membership (ADMw) of a public charter school, it shall be assumed that the public charter school has the same percentage of children in poverty families, as calculated under ORS 327.013 (1)(c)(A)(v)(I), as the school district in which the public charter school is located. Based on this percentage, an add…

338.165 Special education students; payment for services

Except as provided by ORS 336.680 for public charter schools that are approved recovery schools: The school district in which a public charter school is located shall identify, locate and evaluate students enrolled in the public charter school to determine which students may be in need of special education and related services. The school district in which…

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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