Bill Text: OR HB2287 | 2011 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Relating to public charter schools.

Spectrum: Unknown

Status: (Introduced - Dead) 2011-03-14 - Third reading. Carried by Wingard. Failed. Ayes, 28; Nays, 32--Bailey, Barker, Barnhart, Beyer, Boone, Buckley, Cannon, Clem, Cowan, Dembrow, Doherty, Frederick, Garrard, Garrett, Gelser, Greenlick, Harker, Holvey, Hoyle, Hunt, Jenson, Kotek, Matthews, Nathanson, Nolan, Read, Schaufler, Smith G., Smith J., Tomei, Witt, Speaker Roblan. [HB2287 Detail]

Download: Oregon-2011-HB2287-Introduced.html

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     76th OREGON LEGISLATIVE ASSEMBLY--2011 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 1548

                         House Bill 2287

Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
  Presession filed (at the request of House Interim Committee on
  Education)

                             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.

  Modifies process and requirements for proposal to establish
public charter school.
  Directs State Board of Education to sponsor public charter
school if board finds that school district board is not
negotiating in good faith or in timely manner.
  Requires initial charter of public charter school to be for
term of five years. Requires sponsor to renew charter unless
sponsor finds specified reason for termination.
  Specifies timeline in which State Board of Education is
required to complete review of school district board's
disapproval of proposal to establish public charter school.

                        A BILL FOR AN ACT
Relating to public charter schools; creating new provisions; and
  amending ORS 338.035, 338.045, 338.055, 338.065, 338.075 and
  338.105.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 338.035 is amended to read:
  338.035. (1) A public charter school may be established:
  (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
charter school, it must:
  (A) Be approved by a sponsor;
  (B) Be established as a nonprofit organization under the laws
of Oregon; and
  (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) { + (a) + } 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 - }   { + by the
date identified by the school district board. The date must be:
  (A) At least 120 days prior to the date on which the public
charter school would begin operating; and
  (B) No more than one year prior to the date on which the public
charter school would begin operating.
  (b) + } An applicant  { + may + } 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.
  SECTION 2. ORS 338.045 is amended to read:
  338.045. (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) A description of the financial management systems for
the public charter school and a plan for having the financial
management systems in place at the time the school begins
operating; - }
    { - (o) - }   { + (n) + } The standards for behavior and the
procedures for the discipline, suspension or expulsion of
students;
    { - (p) - }   { + (o) + } The proposed school calendar for
the public charter school, including the length of the school day
and school year;
    { - (q) - }   { + (p) + } A description of the proposed staff
members and required qualifications of teachers at the public
charter school;
    { - (r) - }   { + (q) + } The date upon which the public
charter school would begin operating;
    { - (s) - }   { + (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;
    { - (t) - }   { + (s) If the public charter school will
involve community groups in the planning and development process
of the public charter school,  + }information on the manner in
which  { + the + } community groups may be involved in the
planning and development process   { - of the public charter
school - } ;
    { - (u) - }   { + (t) + } The term of the charter;
    { - (v) - }   { + (u) + } The plan for performance bonding or
insuring the public charter school, including buildings and
liabilities;
    { - (w) - }   { + (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;
    { - (x) - }   { + (w) + } The manner in which the program
review and fiscal audit will be conducted; and
    { - (y) - }   { + (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. { +  The additional
information required by the school district board must be:
  (a) Only a clarification of the requirements described in
subsection (2) of this section or other information related to
the requirements described in subsection (2) of this section; and
  (b) Approved by the State Board of Education before becoming a
requirement for proposals submitted to the school district. + }
  (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.
  SECTION 3. ORS 338.055 is amended to read:
  338.055.  { + (1)(a) Upon receipt of a proposal submitted under
ORS 338.045, a 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).
  (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 opportunity to complete the proposal.
  (c) A proposal may be disapproved if the applicant has received
a reasonable opportunity to complete the proposal and the
applicant does not provide a proposal that is complete.
  (d) If the school district board disapproves a proposal as
provided by this subsection, the applicant may appeal the
decision to the State Board of Education. The State Board of
Education shall review the proposal only for completeness and may
determine that the proposal is:
  (A) Not complete and uphold the decision of the school district
board; or
  (B) Complete and remand the proposal to the school district
board for reconsideration. + }
    { - (1) - }   { + (2) + } Within 60 days   { - of - }
 { + after + } receipt of a  { + completed + } proposal
 { - submitted under ORS 338.045 - } , the school district board
shall hold a public hearing on the provisions of the proposal.
    { - (2) - }   { + (3) + } 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) - }   { + (a) + } The demonstrated financial
stability of the public charter school  { - , including the
demonstrated ability of the school to have a sound financial
management system in place at the time the school begins
operating - } ;
    { - (c) - }   { + (b) + } The capability of the applicant, in
terms of support and planning, to provide comprehensive
instructional programs to students pursuant to an approved
proposal;
    { - (d) - }   { + (c) + } 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) - }   { + (d) + } The   { - extent to which the
proposal addresses the information required in ORS 338.045 - }
 { +  adequacy of the information provided as required by ORS
338.045 (2) and (3) + };
    { - (f) - }   { + (e) + } 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 { + , and whether the
impact is:
  (A) Directly identifiable;
  (B) Significant; and

  (C) Adverse in a manner that is not related to any resulting
loss of State School Fund moneys to the school district + };
    { - (g) - }   { + (f) + } Whether there are arrangements for
any necessary special education and related services for children
with disabilities pursuant to ORS 338.165; and
    { - (h) - }   { + (g) + } 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) - }   { + (4) + } 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) - }   { + (2) + } of this
section.
    { - (4) - }   { + (5)(a)  + }Written notice of the school
district board's action shall be sent to the applicant. If the
proposal is not approved  { - , - }  { + :
  (A) + } 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, - }  { + ; and
  (B) + } The applicant may amend the proposal to address
objections and any suggested remedial measures and resubmit the
proposal to the school district board.
   { +  (b) + } The school district board shall approve or
disapprove the resubmitted proposal within 20 days after
receiving it.  { + The school district board may disapprove a
resubmitted proposal only for a reason stated in the notice sent
as provided by paragraph (a)(A) of this subsection. + } If the
proposal is not approved, the applicant may appeal the decision
of the school district board to the State Board of Education.
    { - (5) - }   { + (6) + } Individual elements in a public
charter school proposal may be changed through the proposal and
chartering process.
    { - (6) - }   { + (7) + } 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) - }   { + (8) + } The school district board or the
State Board of Education shall not charge any fee to applicants
for the proposal process.
    { - (8) - }   { + (9) + } 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 4.  { + The amendments to ORS 338.035, 338.045 and
338.055 by sections 1 to 3 of this 2011 Act apply to proposals to
establish a public charter school submitted on or after the
effective date of this 2011 Act. + }
  SECTION 5. ORS 338.065 is amended to read:
  338.065. (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.
   { +  (b) + } 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.
   { +  (c) If an applicant believes that a school district board
is not negotiating in good faith or in a timely manner, the
applicant may appeal to the State Board of Education, which shall
review the claim. If the State Board of Education finds that the
school district board is not negotiating in good faith or in a
timely manner, the State Board of Education shall become the
sponsor of the school.

  (d)  + }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 - }  { +  five years + }.
  (c) Subsequent renewals of a charter shall be for a minimum of
five years but may not exceed 10 years. { +  The sponsor shall
renew the charter unless the sponsor finds cause for termination
of the charter as provided by ORS 338.105. + }
    { - (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
sponsor'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 has used the sound financial
management system described in the proposal submitted under ORS
338.045 and incorporated into the written charter under this
section; 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 school'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. - }
  SECTION 6.  { + The amendments to ORS 338.065 by section 5 of
this 2011 Act apply to:
  (1) Negotiations related to public charter schools occurring on
or after the effective date of this 2011 Act; and
  (2) Charters for public charter schools entered into or renewed
on or after the effective date of this 2011 Act. + }
  SECTION 7. ORS 338.075 is amended to read:
  338.075. (1) If a school district board   { - does not approve
a proposal to start - }   { + disapproves a proposal to
establish + } 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. { +  The State
Board of Education shall complete the review within 90 days of
receiving the request. + }
  (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 - }   { + establish + } 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.
  SECTION 8.  { + The amendments to ORS 338.075 by section 7 of
this 2011 Act apply to reviews submitted on or after the
effective date of this 2011 Act. + }
  SECTION 9. ORS 338.105, as amended by section 12, chapter 691,
Oregon Laws 2009, is amended to read:
  338.105. (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.
    { - (f) Failure to maintain, for two or more consecutive
years, a sound financial management system described in the
proposal submitted under ORS 338.045 and incorporated into the
written charter under ORS 338.065. - }
  (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
students' 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 school'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.
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