Bill Text: OR SB418 | 2013 | Regular Session | Introduced

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Bill Title: Relating to public charter schools; declaring an emergency.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2013-07-08 - In committee upon adjournment. [SB418 Detail]

Download: Oregon-2013-SB418-Introduced.html

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     77th OREGON LEGISLATIVE ASSEMBLY--2013 Regular Session

NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .

LC 2502

                         Senate Bill 418

Sponsored by Senator CLOSE (Presession filed.)

                             SUMMARY

The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.

  Increases percentage of students who may enroll in virtual
public charter school without receiving approval for enrollment
from resident school district.
  Removes sunset on institution of higher education becoming
sponsor of public charter school. Allows institution of higher
education to sponsor more than one public charter school.
  Declares emergency, effective on passage.

                        A BILL FOR AN ACT
Relating to public charter schools; amending ORS 338.055, 338.075
  and 338.125 and section 12, chapter 695, Oregon Laws 2011; and
  declaring an emergency.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 338.125 is amended to read:
  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)(A) Notwithstanding paragraph (a) of this subsection and ORS
339.133, if more than   { - three - }   { + five + } 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 - }
 { + five + } 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.
  (B) For the purpose of determining whether more than
 { - three - }  { + five + } 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, the school
district board shall include any students who:
  (i) Reside in the school district, regardless of whether the
students are considered residents of different school districts
as provided by ORS 339.133 (5); and
  (ii) Are enrolled in virtual public charter schools that are
not sponsored by the school district.
  (C) Students who reside in the school district, regardless of
whether the students are considered residents of different school
districts as provided by ORS 339.133 (5), must receive approval
from the school district before enrolling in a virtual public
charter school if the limit described in subparagraph (A) of this
paragraph has been met.
  (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.
  SECTION 2. Section 12, chapter 695, Oregon Laws 2011, as
amended by section 30, chapter 718, Oregon Laws 2011, is amended
to read:
   { +  Sec. 12. + }   { - (1) - }  The amendments to ORS 338.055
and 338.075 by section 10, chapter 695, Oregon Laws 2011
 { - (Enrolled House Bill 3645) - } , and section 29   { - of
this 2011 Act - }  { + , chapter 718, Oregon Laws 2011, + }
become operative on   { - July 1, 2017 - }  { +  the effective
date of this 2013 Act + }.
    { - (2) Nothing in the amendments to ORS 338.055 and 338.075
by section 10, chapter 695, Oregon Laws 2011 (Enrolled House Bill
3645), and section 29 of this 2011 Act affects the ability of an
institution of higher education to continue to sponsor a public
charter school if the institution of higher education became the
sponsor of the public charter school prior to July 1, 2017. - }
  SECTION 3. ORS 338.075, as amended by section 29, chapter 718,
Oregon Laws 2011, and section 5, chapter 91, Oregon Laws 2012, is
amended to read:
  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 { + :
  (a) + } Request that the State Board of Education review the
decision of the school district board  { - . - }  { + ; or
  (b) Submit a proposal to an institution of higher
education. + }
  (2) Upon receipt of a request for review, the State Board of
Education:
  (a) May recommend to the applicant and school district board
revisions to the proposal.
  (b) 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 applicant seeking sponsorship by an institution
of higher education may submit to the institution of higher
education the same proposal that was submitted to the school
district board under ORS 338.045 or a proposal that is modified
to take into consideration the characteristics of the institution
of higher education evaluating the proposal under this
subsection.
  (b) Upon receipt of a proposal, an institution of higher
education shall evaluate the proposal. The institution of higher
education shall:
  (A) Approve or disapprove the proposal using the criteria
described in ORS 338.055 (2)(b) to (h) and approve the proposal
only if the institution of higher education may become a sponsor
as provided by paragraphs (e) and (f) of this subsection; or
  (B) Disapprove the proposal based on the institution's
determination that the proposal does not align with the mission
of the institution of higher education.
  (c)(A) The following decisions by an institution of higher
education are final and not subject to appeal:
  (i) Whether to evaluate a proposal for a public charter school;
and
  (ii) The approval or disapproval of a proposal for a public
charter school.
  (B) The process by which an institution of higher education
makes a decision described in subparagraph (A) of this paragraph
is not subject to appeal.
  (d) Within 60 days after receiving a proposal, the institution
of higher education must approve the proposal or, if disapproving
the proposal, state in writing the reasons for disapproving the
proposal. + }
    { - (5)(a) - }   { + (e) + } An institution of higher
education may   { - sponsor a public charter school - }
 { + approve a proposal evaluated under this subsection + } 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) - }   { + (f) + } 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.
  SECTION 4. ORS 338.055, as amended by section 10, chapter 695,
Oregon Laws 2011, is amended to read:
  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 { + :
  (a) + } Appeal the decision of the school district board to the
State Board of Education  { - . - }  { +  as provided by ORS
338.075 (1)(a); or
  (b) Submit a proposal to an institution of higher education as
provided by ORS 338.075 (1)(b). + }
  (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.
  SECTION 5.  { + This 2013 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2013 Act takes effect on its
passage. + }
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