Chapter 338 — Chapter 338
30 sections in this chapter.
ORS 338.005 Definitions for chapter. As used in this chapter, unless the context requires otherwise
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(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 …
ORS 338.010 [Amended by 1965 c.100 §153; renumbered 332.405]
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[Repealed or reserved.]
ORS 338.015 Legislative intent; goals. It is the intent of this chapter that new types of schools, called public charter schools, be created as a legitimate avenue for parents, educators and community members to take responsible risks to create new, innovative and more flexible ways of educating children within the public school system. The Legislative Assembly seeks to create an atmosphere in Oregon’s public school system where research and development of new learning opportunities are actively pursued. The provisions of this chapter should be interpreted liberally to support the goals of this section and to advance a renewed commitment by this state to the mission, goals and diversity of public education. It is the intent that public charter schools may serve as models and catalysts for the improvement of other public schools and the public school system. The goals of public charter schools shall be to
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(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) Encourag…
ORS 338.020 [Repealed by 1965 c.100 §456]
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[Repealed or reserved.]
ORS 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
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(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 thei…
ORS 338.030 [Repealed by 1965 c.100 §456]
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FORMATION
ORS 338.035 Establishment requirements; proposal submission timeline; prohibitions. (1) A public charter school may be established
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(a) As a new public school; (b) As a virtual public charter school; (c) From an existing public school or a portion of the school; or (d) From an existing alternative education program, as defined in ORS 336.615. (2)(a) Before a public charter school may operate as a public chart…
ORS 338.040 [Repealed by 1965 c.100 §456]
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[Repealed or reserved.]
ORS 338.045 Proposal requirements; technical assistance; buildings. (1) 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
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(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…
ORS 338.050 [Repealed by 1965 c.100 §456]
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[Repealed or reserved.]
ORS 338.055 Evaluation process and criteria; appeals; mediation. (1)(a) 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)
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(b) The school district board shall notify an applicant within 30 days after receipt of a proposal if the proposal is not complete and identify the specific elements of the proposal that are not complete. The school district board shall provide the applicant with a reasonable opp…
ORS 338.060 [Renumbered 332.415]
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[Repealed or reserved.]
ORS 338.065 Terms and form of charter; renewal; appeal. (1)(a) 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
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(b) Pursuant to ORS 338.075 (2), (3) or (4), the State Board of Education shall become the sponsor of the public charter school. (2) The sponsor and the applicant shall develop a written charter that contains the provisions of the proposal that have been duly approved by the spon…
ORS 338.070 [Amended by 1965 c.100 §154; 1965 c.123 §2; renumbered 332.425]
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[Repealed or reserved.]
ORS 338.075 Review of school district board decision; sponsorship by State Board of Education; judicial review. (1) 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
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(2)(a) If the State Board of Education reviews a decision of the school district board, as provided by subsection (1) of this section, the State Board of Education may review the decision only to determine whether: (A) The school district board used the process required by ORS 33…
ORS 338.080 Cooperative agreement to provide educational services. (1) 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
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(2) A cooperative agreement entered into as provided by this section must: (a) Be incorporated into the charter of the public charter school; and (b) Describe the terms of the partnership between the sponsor, the public charter school and other school districts. [2011 c.682 §2] O…
ORS 338.095 Financial management system; annual report, visit and audit. (1) The financial management system of a public charter school must include a budget and accounting system that
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(a) Is compatible with the budget and accounting system of the sponsor of the school; and (b) Complies with the requirements of the uniform budget and accounting system adopted by rule of the State Board of Education under ORS 327.511. (2) A public charter school shall report to …
ORS 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
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(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 insuran…
ORS 338.115 (1) 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
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(a) Federal law; (b) ORS 30.260 to 30.300 (tort claims); (c) ORS 192.311 to 192.478 (public records law); (d) ORS 192.610 to 192.705 (public meetings law); (e) ORS chapters 279A, 279B and 279C (Public Contracting Code); (f) ORS 297.405 to 297.555 and 297.990 (Municipal Audit Law)…
ORS 338.120 Additional requirements for virtual public charter schools; access to documents. (1) In addition to any other requirements of this chapter for a public charter school, a virtual public charter school must have
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(a) A plan for academic achievement that addresses how the school will improve student learning and meet academic content standards required by ORS 329.045. (b) Performance criteria the school will use to measure the progress of the school in meeting the academic performance goal…
ORS 338.125 Student enrollment; nonresident students; appeals; written notices. (1) Student enrollment in a public charter school is voluntary
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(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 …
ORS 338.130 Operation of school or of tutoring or testing facility not located in sponsoring school district; compliance. (1) As used in this section
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(a) “Nonsponsoring school district board” means the school district board that: (A) 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 (B) Is not the sponsor of…
ORS 338.135 (1) Employee assignment to a public charter school shall be voluntary
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(2)(a) 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 th…
ORS 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
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(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 n…
ORS 338.155 Distributions of State School Fund amounts; grants available to charter schools. (1)(a) 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
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(b) All amounts to be distributed from the State School Fund for public charter schools shall first be distributed to the school district in which the public charter school is located. (c) For the purpose of determining the amounts to be distributed to a school district from the …
ORS 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 additional amount shall be added to the average daily membership (ADM) of the public charter school. [2001 c.810 §6; 2009 c.698 §18]
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[Repealed or reserved.]
ORS 338.165 Special education students; payment for services. (1) Except as provided by ORS 336.680 for public charter schools that are approved recovery schools
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(a) 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. (b) The school district in which a public c…
ORS 338.175 [1999 c.200 §22; repealed by 2009 c.95 §2]
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[Repealed or reserved.]
ORS 338.185 [1999 c.200 §23; repealed by 2011 c.313 §25]
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[Repealed or reserved.]
ORS 338.990 [Repealed by 1965 c.100 §456]
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