Bill Text: OR HB3362 | 2011 | Regular Session | Enrolled
Bill Title: Relating to collaboration in education; appropriating money; and declaring an emergency.
Sponsorship: Broadly Bipartisan Bill
Status: (Passed) 2011-08-02 - Chapter 682, (2011 Laws): Effective date August 2, 2011. [HB3362 Detail]
Download: Oregon-2011-HB3362-Enrolled.html
76th OREGON LEGISLATIVE ASSEMBLY--2011 Regular Session
Enrolled
House Bill 3362
Sponsored by Representative CAMERON, Senator ROSENBAUM,
Representatives DEMBROW, ESQUIVEL, Senator BOQUIST,
Representative GELSER, Senators MORSE, JOHNSON; Representatives
BAILEY, BARKER, BARNHART, BEYER, BOONE, BUCKLEY, CLEM, CONGER,
DOHERTY, FREDERICK, GARRARD, GREENLICK, HARKER, HOLVEY, HOYLE,
HUFFMAN, HUNT, JENSON, JOHNSON, KOMP, KOTEK, KRIEGER, MATTHEWS,
NATHANSON, PARRISH, READ, ROBLAN, SCHAUFLER, SHEEHAN, J SMITH,
WHISNANT, WITT, Senators BATES, BONAMICI, BURDICK, DEVLIN,
DINGFELDER, EDWARDS, GIROD, HASS, KRUSE, MONNES ANDERSON,
MONROE, NELSON, OLSEN, PROZANSKI, TELFER, THOMSEN, VERGER,
WHITSETT, WINTERS (at the request of Commissioner of the Bureau
of Labor and Industries Brad Avakian)
CHAPTER ................
AN ACT
Relating to collaboration in education; creating new provisions;
amending ORS 338.115 and 338.125; appropriating money; 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 + }:
Enrolled House Bill 3362 (HB 3362-B) Page 1
{ - (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);
Enrolled House Bill 3362 (HB 3362-B) Page 2
(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) + } A public charter school shall maintain an
active enrollment of at least 25 students.
{ + (b) For a public charter school that provides educational
services under a cooperative agreement described in section 2 of
this 2011 Act, the public charter school is in compliance with
the requirements of this subsection if the public charter school
provides educational services under the cooperative agreement to
at least 25 students, without regard to the school districts in
which the students are residents. + }
(6) A public charter school may sue or be sued as a separate
legal entity.
(7) 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) 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) A public charter school may not levy taxes or issue bonds
under which the public incurs liability.
(10) 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) 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) 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) Prior to beginning operation, the public charter school
shall show proof of insurance to the sponsor as specified in the
charter.
(14) 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.
Enrolled House Bill 3362 (HB 3362-B) Page 3
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) + } A public charter school shall maintain an
active enrollment of at least 25 students.
{ + (b) For a public charter school that provides educational
services under a cooperative agreement described in section 2 of
this 2011 Act, the public charter school is in compliance with
the requirements of this subsection if the public charter school
provides educational services under the cooperative agreement to
Enrolled House Bill 3362 (HB 3362-B) Page 4
at least 25 students, without regard to the school districts in
which the students are residents. + }
(6) A public charter school may sue or be sued as a separate
legal entity.
(7) 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) 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) A public charter school may not levy taxes or issue bonds
under which the public incurs liability.
(10) 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) 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) 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) Prior to beginning operation, the public charter school
shall show proof of insurance to the sponsor as specified in the
charter.
(14) 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. { + (1) Representatives from the Department of
Education, the Department of Community Colleges and Workforce
Development and the Bureau of Labor and Industries shall meet at
least four times each year for the purpose of promoting
collaboration between the agencies on issues related to career
and technical education.
(2) Issues to be addressed by the agencies shall include the
development and implementation of long-term goals that:
(a) Ensure that career and technical education programs are
available at the public schools of this state, are founded on
partnerships with business and industry and receive appropriate
investments of time, money and other resources.
(b) Develop regional centers of partnerships between public
schools, community colleges, state institutions of higher
education, businesses, unions and other entities and ensure that
every student of this state has access to a regional center in
person or online.
(c) Implement accelerated college credit programs that allow
students to move seamlessly from public schools to post-secondary
education or training to the workforce.
(d) Increase professional development opportunities for
teachers and learning opportunities for students through industry
Enrolled House Bill 3362 (HB 3362-B) Page 5
mentorships, internships, summer programs, after-school programs
and career-based student leadership opportunities.
(e) Establish partnerships between public and private entities
for the purpose of educating students, parents, teachers, school
advisors, policymakers and the general public about the benefits
and opportunities related to career and technical education.
(3) The agencies identified in subsection (1) of this section
shall make a joint report each year to the appropriate
legislative committees concerning progress on the development and
implementation of the goals described in subsection (2) of this
section and may submit recommendations for legislation that will
promote opportunities related to career and technical
education. + }
SECTION 7. { + (1) The Career and Technical Education
Revitalization Grant Program is established within the Department
of Education.
(2) Subject to the availability of funds, the department shall
award grants each biennium to school districts, education service
districts, public schools or public charter schools, or any
combination thereof, for the uses described in subsection (3) of
this section.
(3) Grants received under this section must be used to enhance
the collaboration between education providers and employers by:
(a) Developing or enhancing career and technical education
programs of study;
(b) Expanding the professional growth of and career
opportunities for students through career and technical education
programs;
(c) Assessing the ability of each career and technical
education program to meet workforce needs and give students the
skills required for jobs in this state that provide high wages
and are in high demand; and
(d) Supporting the achievement of the high school diploma
requirements established under ORS 329.451.
(4) Any school district, education service district, public
school or public charter school, or any combination thereof, may
apply for a grant under this section.
(5)(a) The department shall award grants based on the ability
of the applicant to use a grant as described in subsection (3) of
this section.
(b) In addition to the requirement of paragraph (a) of this
subsection, the department shall give priority to:
(A) Awarding grants to applicants so that the grants awarded
represent a diverse number of students served and a diverse
selection of geographic locations; and
(B) Applicants that have received commitments from business,
industry, labor or education providers to enhance collaboration
and to provide resources for any collaborative efforts.
(c) For the purpose of awarding grants, the department shall
jointly convene with the Bureau of Labor and Industries a
committee that represents business, industry, labor and education
providers for the purpose of reviewing applications for grants
and recommending determinations on the applications.
(6) The State Board of Education may adopt any rules necessary
for the implementation of this section.
(7) The department may pay the expenses incurred by the
department in administering this section out of moneys that are
available to the department for purposes of awarding grants under
this section. For each biennium, the department may spend on
administrative expenses an amount that does not exceed five
Enrolled House Bill 3362 (HB 3362-B) Page 6
percent of the total amount of moneys available to the department
during the biennium for purposes of awarding grants under this
section. + }
SECTION 8. { + In addition to and not in lieu of any other
appropriation, there is appropriated to the Department of
Education, for the biennium beginning July 1, 2011, out of the
General Fund, the amount of $2,000,000, which may be expended for
the purpose of awarding grants under the Career and Technical
Education Revitalization Grant Program established under section
7 of this 2011 Act. + }
SECTION 9. { + 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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Passed by House June 21, 2011
.............................................................
Ramona Kenady Line, Chief Clerk of House
.............................................................
Bruce Hanna, Speaker of House
.............................................................
Arnie Roblan, Speaker of House
Passed by Senate June 21, 2011
.............................................................
Peter Courtney, President of Senate
Enrolled House Bill 3362 (HB 3362-B) Page 7
Received by Governor:
......M.,............., 2011
Approved:
......M.,............., 2011
.............................................................
John Kitzhaber, Governor
Filed in Office of Secretary of State:
......M.,............., 2011
.............................................................
Kate Brown, Secretary of State
Enrolled House Bill 3362 (HB 3362-B) Page 8
