Bill Text: OR HB3237 | 2011 | Regular Session | Introduced

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

Spectrum: Moderate Partisan Bill (Democrat 5-1)

Status: (Failed) 2011-06-30 - In committee upon adjournment. [HB3237 Detail]

Download: Oregon-2011-HB3237-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 2471

                         House Bill 3237

Sponsored by Representatives DEMBROW, ESQUIVEL; Representatives
  BARKER, DOHERTY, FREDERICK, HOLVEY

                             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.

  Allows sponsor and public charter school to enter into
cooperative agreement with other school districts for purpose of
forming partnership to provide educational services.
  Allows public charter school to give admission priority to
students who reside in school district that is sponsor or school
district that is party to cooperative agreement.
  Removes requirement that public charter school must maintain
active enrollment of at least 25 students.
  Declares emergency, effective July 1, 2011.

                        A BILL FOR AN ACT
Relating to public charter schools; creating new provisions;
  amending ORS 338.115 and 338.125; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + Section 2 of this 2011 Act is added to and made
a part of ORS chapter 338. + }
  SECTION 2.  { + (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.
  (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. + }
  SECTION 3. ORS 338.125 is amended to read:
  338.125. (1) { + (a) + } Student enrollment in a public charter
school shall be voluntary.
   { +  (b) + } All students who reside within the school
district where the public charter school is located are eligible
for enrollment at a public charter school.
   { +  (c) Except as provided in paragraph (d) of this
subsection, + } if the number of applications from students who
reside within 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.

   { +  (d) + }   { - However, - }  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) - }   { + (A) + }   { - Who - }  Were enrolled in the
school in the prior year;   { - or - }
    { - (b) - }   { + (B) + }   { - Who - }  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 section 2 of this 2011 Act, 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. + }
  (2)(a) If space is available { + , + } a public charter school
may admit students who do not reside in the school district in
which the public charter school is located.
  (b) Notwithstanding paragraph (a) of this subsection, if a
public charter school offers any online courses as part of the
curriculum of the school, then 50 percent or more of the students
who attend the public charter school must reside in the school
district in which the public charter school is located.
  (3) A public charter school may not limit student admission
based on race, religion, sex, sexual orientation, ethnicity,
national origin, disability, income level, proficiency in the
English language or athletic ability, but may limit admission to
students within a given age group or grade level.
  (4) A public charter school may conduct fund-raising
activities. However, a public charter school may not require a
student to participate in fund-raising activities as a condition
of admission to the public charter school.
  SECTION 4. ORS 338.115, as amended by section 2, chapter 53,
Oregon Laws 2010, is amended to read:
  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 192.410 to 192.505 (public records law);
  (c) ORS 192.610 to 192.690 (public meetings law);
  (d) ORS 297.405 to 297.555 and 297.990 (Municipal Audit Law);
  (e) ORS 181.534, 326.603, 326.607, 342.223 and 342.232
(criminal records checks);
  (f) ORS 337.150 (textbooks);
  (g) ORS 339.141, 339.147 and 339.155 (tuition and fees);
  (h) ORS 659.850, 659.855 and 659.860 (discrimination);
  (i) ORS 30.260 to 30.300 (tort claims);
  (j) Health and safety statutes and rules;
  (k) Any statute or rule that is listed in the charter;
  (L) The statewide assessment system developed by the Department
of Education for mathematics, science and English under ORS
329.485 (2);
  (m) ORS 329.045 (academic content standards and instruction);
  (n) Any statute or rule that establishes requirements for
instructional time provided by a school during each day or during
a year;
  (o) ORS 339.250 (12) (prohibition on infliction of corporal
punishment);
  (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 329.451 (high school diploma, modified diploma,
extended diploma and alternative certificate);
  (r) ORS chapter 657 (Employment Department Law);
  (s) ORS 339.326;
  (t) Section 1, chapter 53, Oregon Laws 2010 (consideration for
educational services); and
  (u) 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 public charter school shall maintain an active
enrollment of at least 25 students. - }
    { - (6) - }   { + (5) + } A public charter school may sue or
be sued as a separate legal entity.
    { - (7) - }   { + (6) + } 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) - }   { + (7) + } A public charter school may enter
into contracts and may lease facilities and services from a
school district, education service district, state institution of
higher education, other governmental unit or any person or legal
entity.
    { - (9) - }   { + (8) + } A public charter school may not
levy taxes or issue bonds under which the public incurs
liability.
    { - (10) - }   { + (9) + } 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) - }   { + (10) + } 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) - }   { + (11) + } 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) - }   { + (12) + } Prior to beginning operation, the
public charter school shall show proof of insurance to the
sponsor as specified in the charter.
    { - (14) - }   { + (13) + } 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.
  SECTION 5. ORS 338.115, as amended by section 7, chapter 839,
Oregon Laws 2007, section 12, chapter 50, Oregon Laws 2008,
section 4, chapter 618, Oregon Laws 2009, and section 3, chapter
53, Oregon Laws 2010, is amended to read:
  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 192.410 to 192.505 (public records law);
  (c) ORS 192.610 to 192.690 (public meetings law);
  (d) ORS 297.405 to 297.555 and 297.990 (Municipal Audit Law);
  (e) ORS 181.534, 326.603, 326.607, 342.223 and 342.232
(criminal records checks);
  (f) ORS 337.150 (textbooks);
  (g) ORS 339.141, 339.147 and 339.155 (tuition and fees);
  (h) ORS 659.850, 659.855 and 659.860 (discrimination);
  (i) ORS 30.260 to 30.300 (tort claims);
  (j) Health and safety statutes and rules;
  (k) Any statute or rule that is listed in the charter;
  (L) The statewide assessment system developed by the Department
of Education for mathematics, science and English under ORS
329.485 (2);
  (m) ORS 329.045 (academic content standards and instruction);
  (n) ORS 329.496 (physical education);
  (o) Any statute or rule that establishes requirements for
instructional time provided by a school during each day or during
a year;
  (p) ORS 339.250 (12) (prohibition on infliction of corporal
punishment);
  (q) ORS 339.370, 339.372, 339.388 and 339.400 (reporting of
child abuse and training on prevention and identification of
child abuse);
  (r) ORS 329.451 (high school diploma, modified diploma,
extended diploma and alternative certificate);
  (s) ORS chapter 657 (Employment Department Law);
  (t) ORS 339.326;
  (u) Section 1, chapter 53, Oregon Laws 2010 (consideration for
educational services); and
  (v) 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 public charter school shall maintain an active
enrollment of at least 25 students. - }
    { - (6) - }   { + (5) + } A public charter school may sue or
be sued as a separate legal entity.
    { - (7) - }   { + (6) + } 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) - }   { + (7) + } A public charter school may enter
into contracts and may lease facilities and services from a
school district, education service district, state institution of
higher education, other governmental unit or any person or legal
entity.
    { - (9) - }   { + (8) + } A public charter school may not
levy taxes or issue bonds under which the public incurs
liability.
    { - (10) - }   { + (9) + } 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) - }   { + (10) + } 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) - }   { + (11) + } 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) - }   { + (12) + } Prior to beginning operation, the
public charter school shall show proof of insurance to the
sponsor as specified in the charter.
    { - (14) - }   { + (13) + } 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.
  SECTION 6.  { + This 2011 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2011 Act takes effect July 1,
2011. + }
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