Bill Text: OR HB3660 | 2010 | 1st Special Session | Enrolled


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

Spectrum: Committee Bill

Status: (Passed) 2010-03-18 - Chapter 72, (2010 Laws): Effective date March 18, 2010. [HB3660 Detail]

Download: Oregon-2010-HB3660-Enrolled.html


     75th OREGON LEGISLATIVE ASSEMBLY--2010 Special Session

                            Enrolled

                         House Bill 3660

Sponsored by COMMITTEE ON EDUCATION (at the request of the Online
  Learning Task Force)

                     CHAPTER ................

                             AN ACT

Relating to virtual public schools; creating new provisions;
  amending ORS 336.631, 338.025 and 338.120 and section 17,
  chapter 691, Oregon Laws 2009; and declaring an emergency.

Be It Enacted by the People of the State of Oregon:

  SECTION 1. ORS 338.120 is amended to read:
  338.120. (1) In addition to any other requirements of this
chapter for a public charter school, a virtual public charter
school must have:
  (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 goals
set by the school for its first five years of operation.
  (c) A plan for implementing the proposed education program of
the school by directly and significantly involving parents and
guardians of students enrolled in the school and involving the
professional employees of the school.
  (d) A budget, business plan and governance plan for the
operation of the school. { +  The budget and accounting system of
the school must be compatible with the budget and accounting
system of the sponsor of the virtual public charter school and
must comply with the requirements of the uniform budget and
accounting system adopted by rule of the State Board of Education
under ORS 327.511. + }
    { - (e) An agreement that the school will operate using an
interactive Internet-based technology platform that monitors and
tracks student progress and attendance in conjunction with
performing other student assessment functions. - }
   { +  (e) In the charter of the school, a requirement that the
school:
  (A) Monitor and track student progress and attendance; and
  (B) Provide student assessments in a manner that ensures that
an individual student is being assessed and that the assessment
is valid. + }
  (f) Notwithstanding ORS 338.135 (7),   { - an agreement to
employ only licensed teachers who are - }  { +  a plan to ensure
that:
  (A) All superintendents, assistant superintendents and
principals of the school are licensed to administer by the
Teacher Standards and Practices Commission; and

Enrolled House Bill 3660 (HB 3660-INTRO)                   Page 1

  (B) All teachers of the school are licensed to teach by the
Teacher Standards and Practices Commission and are  + }highly
qualified as described in the federal No Child Left Behind Act of
2001 (P.L. 107-110, 115 Stat. 1425).
  (g) A plan for maintaining student records and school records,
including financial records, at a designated central office of
operations  { - . - }  { +  that is located:
  (A) If the sponsor is a school district, within the school
district that is the sponsor and as specified in the charter of
the school; or
  (B) If the sponsor is the State Board of Education, at a
central office located in Oregon and as specified in the charter
of the school. + }
  (h) A plan to provide equitable access to the education program
of the school by ensuring that each student enrolled in the
school:
  (A) Has access to and use of computer and printer equipment as
needed;
  (B) Is offered an Internet service cost reimbursement
arrangement under which the school reimburses the parent or
guardian of the student, at a rate set by the school, for the
costs of obtaining Internet service at the minimum connection
speed required to effectively access the education program
provided by the school; or
  (C) Has access to and use of computer and printer equipment and
is offered Internet service cost reimbursement.
  (i) A plan to provide access to computer and printer equipment
and the Internet service cost reimbursement as described in
paragraph (h) of this subsection by students enrolled in the
school who are from families that qualify as low-income under
Title I of the federal Elementary and Secondary Education Act of
1965 (20 U.S.C. 6301 et seq.).
  (j) A plan to conduct school-sponsored optional educational
events at least six times each school year at locations selected
to provide convenient access to all students enrolled in the
school who want to participate.
  (k) A plan to conduct   { - biweekly - }  meetings  { + at
least twice a week + } between teachers and students enrolled in
the school, either in person or through the use of conference
calls or other technology.
  (L) A plan to provide opportunities for face-to-face meetings
between teachers and students enrolled in the school at least six
times each school year.
   { +  (m) A plan to provide, at the time of a student's
enrollment, written notice to the student's resident school
district and to the sponsor. Notification must be provided within
10 days after enrollment and must include:
  (A) The name, age and address of the student; and
  (B) The name of the school in which the student was formerly
enrolled.
  (n) A plan to provide, at the time of a student's withdrawal,
written notice to the student's resident school district and to
the sponsor. Notification must be provided within 10 days after
withdrawal and must include:
  (A) The name, age and address of the student;
  (B) The name of the school in which the student will enroll, if
known to the virtual public charter school; and
  (C) The last day on which the student was enrolled at the
virtual public charter school.

Enrolled House Bill 3660 (HB 3660-INTRO)                   Page 2

  (o) An agreement to provide a student's education records to
the student's resident school district or to the sponsor, upon
request of the resident school district or sponsor. + }
  (2) If a virtual public charter school enters into a contract
with a third-party entity to provide educational services for the
virtual public charter school, the virtual public charter school
must have on file the third-party entity's budget for the
provision of educational services and that budget must itemize:
  (a) The salaries of supervisory and management personnel and
consultants who are providing educational or related services for
a public charter school in this state; and
  (b) The annual operating expenses and profit margin of the
third-party entity for providing educational services to a public
charter school in this state.
  (3)(a) The sponsor   { - of a virtual public charter school - }
or a member of the public may request access to any of the
documents described in subsections (1) and (2) of this
section { +  that are public records, as provided by ORS 192.410
to 192.505 + }.
  (b) Upon request by a sponsor or a member of the public, a
virtual public charter school must provide reasonable access to
the documents described in subsections (1) and (2) of this
section  { +  that are public records, as provided by ORS 192.410
to 192.505 + }.  The documents may be provided electronically.
  SECTION 2.  { + The amendments to ORS 338.120 by section 1 of
this 2010 Act:
  (1) Become operative July 1, 2010.
  (2) First apply to the 2010-2011 school year. + }
  SECTION 3. ORS 338.025 is amended to read:
  338.025. (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.
  (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 their choice, extends the equitable
access to public support by all students or permits high quality
programs of unusual cost. The State Board of Education may not
waive any appeal provision in this chapter or any provision under
ORS 338.115 (1)(a) to (s) { +  or 338.120 + }.
  SECTION 4. ORS 338.025, as amended by section 8, chapter 839,
Oregon Laws 2007, and section 14, chapter 50, Oregon Laws 2008,
is amended to read:
  338.025. (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.
  (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 their choice, extends the equitable
access to public support by all students or permits high quality
programs of unusual cost. The State Board of Education may not
waive any appeal provision in this chapter or any provision under
ORS 338.115 (1)(a) to (t) { +  or 338.120 + }.
  SECTION 5. Section 17, chapter 691, Oregon Laws 2009, is
amended to read:
   { +  Sec. 17.  + }(1) As used in this section:

Enrolled House Bill 3660 (HB 3660-INTRO)                   Page 3

  (a) 'District student' means a student who resides in the
school district that is the sponsor of a virtual public charter
school.
  (b) 'Nondistrict student' means a student who does not reside
in the school district that is the sponsor of a virtual public
charter school.
  (2)(a) Notwithstanding any other provision of this chapter, and
based on the number of students to whom online instruction was
provided on May 1, 2009, a virtual public charter school may not
increase the number of students to whom online instruction is
provided. This section applies to all virtual public charter
schools established in this state prior to, on or after   { - the
effective date of this 2009 Act - }  { +  July 14, 2009, + }
unless:
  (A) Fifty percent or more of the students who attend the
virtual public charter school are district students, in which
case the number of students receiving online instruction may
increase until the number of nondistrict students receiving
online instruction is no greater than 50 percent of the total
number of students receiving online instruction; or
  (B) The virtual public charter school { + :
  (i) Prior to April 27, 2009, was + }   { - has been - }
granted a waiver by the State Board of Education under ORS
338.025 of the provisions of ORS 338.125 (2)(b)  { - , and the
school complies - }  { + ; and
  (ii) Is in compliance + } with the terms of the waiver { + ,
regardless of whether the waiver expired on or after April 27,
2009 + }.
  (b)(A) Notwithstanding the restrictions of paragraph (a) of
this subsection, a virtual public charter school may enroll a
sibling of a student if the student was enrolled in the virtual
public charter school on May 1, 2009, even if the virtual public
charter school is restricted from increasing the number of
students to whom online instruction is provided and only if the
virtual public charter school is in compliance with subparagraphs
(B) and (C) of this paragraph.
  (B) A student who is a sibling of a student who was enrolled in
the virtual public charter school on May 1, 2009, may enroll in
the virtual public charter school as provided in this paragraph
only if the enrollment is for the next academic term during which
a student may begin receiving online instruction.
  (C) A virtual public charter school that is restricted from
increasing the number of students to whom online instruction is
provided but that is able to enroll new students within the
limits of that restriction must first enroll students who are
siblings of students who were enrolled in the virtual public
charter school on May 1, 2009.
  (c) Notwithstanding the restrictions of paragraph (a) of this
subsection, a virtual public charter school that did not provide
online instruction to any students on May 1, 2009, may increase
the number of students to whom online instruction is provided
until the number of nondistrict students receiving online
instruction is no greater than 50 percent of the total number of
students receiving online instruction.
  (d)(A) Notwithstanding the restrictions of paragraph (a) of
this subsection and notwithstanding subsection (3) of this
section, a virtual public charter school may increase the number
of students to whom online instruction is provided if:
  (i) The virtual public charter school had students enrolled on
May 1, 2009;

Enrolled House Bill 3660 (HB 3660-INTRO)                   Page 4

  (ii) The enrollment of the virtual public charter school was
120 or fewer students on May 1, 2009; and
  (iii) The State Board of Education provides a waiver to the
virtual public charter school under ORS 338.025 of the
restrictions imposed by paragraph (a) of this subsection and the
requirements of ORS 338.125 (2)(b).
  (B) A waiver allowed under this paragraph may only allow a
virtual public charter school described in this paragraph to
increase, before July 1, 2011, the number of students to whom
online instruction is provided to 120 without violating the
provisions of this section or ORS 338.125 (2)(b). After the
virtual public charter school has enrolled 120 students,
enrollment of any additional students must comply with the
provisions of ORS 338.125 (2)(b).
  (3) Notwithstanding ORS 338.025, the State Board of Education
may not approve a waiver of ORS 338.125 (2)(b) for a virtual
public charter school established in this state prior to, on or
after   { - the effective date of this 2009 Act - }  { +  July
14, 2009 + }. This subsection applies to requests for waivers for
a virtual public charter school that:
  (a) Are pending before the State Board of Education or first
submitted to the State Board of Education on or after   { - the
effective date of this 2009 Act - }  { +  July 14, 2009 + }; or
  (b) Are granted on or after April 27, 2009, in which case the
waiver is immediately revoked.
   { +  (4)(a) Nothing in subsection (3) of this section
prohibits the State Board of Education from determining prior to
July 1, 2011, whether to grant a waiver of ORS 338.125 (2)(b) for
the 2011-2012 school year.
  (b) A determination made by the State Board of Education as
provided by this subsection may only apply to virtual public
charter schools that were established prior to May 1, 2009.
  (c) If the State Board of Education determines to grant a
waiver as provided by this subsection, the waiver may only become
effective on or after July 1, 2011. + }
    { - (4) - }   { + (5) + } A virtual public charter school
that is in violation of the provisions of ORS 338.125 (2)(b) may
continue to operate as long as the virtual public charter school
is in compliance with this section.
  SECTION 6.  { + (1) As used in this section, 'virtual public
school' means a public school that:
  (a) Provides online courses; and
  (b) Does not primarily serve students in a physical location.
  (2) In any advertising or other promotional materials of a
virtual public school, including a virtual public charter school
as defined in ORS 338.005, the school must clearly state that the
school is a publicly funded school. + }
  SECTION 7. ORS 336.631 is amended to read:
  336.631. (1) Prior to contracting with or distributing any
public funds to a private alternative education program, a
district school board shall:
  (a) Annually approve the private alternative education program;
  (b) Determine that the private alternative education program is
registered with the Department of Education; and
  (c) Determine that the private alternative education program
complies with the requirements of subsection (2) of this section
and ORS 336.625 (3)(c).
  (2) The following laws apply to private alternative education
programs that are registered with the Department of Education

Enrolled House Bill 3660 (HB 3660-INTRO)                   Page 5

under ORS 336.635 in the same manner as the laws apply to school
districts and public schools:
  (a) Federal law;
  (b) ORS 181.534, 326.603, 326.607, 342.223 and 342.232
(criminal records checks);
  (c) ORS 337.150, 339.141, 339.147 and 339.155 (tuition and
fees);
  (d) ORS 659.850, 659.855 and 659.860 (discrimination);
   { +  (e) Section 6 of this 2010 Act (advertisement
requirements); + }
    { - (e) - }   { + (f) + } Health and safety statutes and
rules; and
    { - (f) - }   { + (g) + } Any statute, rule or school
district policy that is specified in a contract between the
school district board and the private alternative education
program.
  (3) Prior to placement of a student in a private alternative
education program, the resident district shall determine whether
the proposed placement best serves the student's educational
needs and interests and assists the student in achieving the
district and state academic standards.
  (4) Contracts between a school district and a private
alternative education program shall be included in the assessment
of effectiveness provided for in ORS 329.085.
  SECTION 8. ORS 336.631, as amended by section 6, chapter 839,
Oregon Laws 2007, is amended to read:
  336.631. (1) Prior to contracting with or distributing any
public funds to a private alternative education program, a
district school board shall:
  (a) Annually approve the private alternative education program;
  (b) Determine that the private alternative education program is
registered with the Department of Education; and
  (c) Determine that the private alternative education program
complies with the requirements of subsection (2) of this section
and ORS 336.625 (3)(c).
  (2) The following laws apply to private alternative education
programs that are registered with the Department of Education
under ORS 336.635 in the same manner as the laws apply to school
districts and public schools:
  (a) Federal law;
  (b) ORS 181.534, 326.603, 326.607, 342.223 and 342.232
(criminal records checks);
  (c) ORS 329.496 (physical education);
  (d) ORS 337.150, 339.141, 339.147 and 339.155 (tuition and
fees);
  (e) ORS 659.850, 659.855 and 659.860 (discrimination);
   { +  (f) Section 6 of this 2010 Act (advertisement
requirements); + }
    { - (f) - }   { + (g) + } Health and safety statutes and
rules; and
    { - (g) - }   { + (h) + } Any statute, rule or school
district policy that is specified in a contract between the
school district board and the private alternative education
program.
  (3) Prior to placement of a student in a private alternative
education program, the resident district shall determine whether
the proposed placement best serves the student's educational
needs and interests and assists the student in achieving the
district and state academic standards.

Enrolled House Bill 3660 (HB 3660-INTRO)                   Page 6

  (4) Contracts between a school district and a private
alternative education program shall be included in the assessment
of effectiveness provided for in ORS 329.085.
  SECTION 9.  { + (1) As used in this section:
  (a) 'Virtual public charter school' has the meaning given that
term in ORS 338.005.
  (b) 'Virtual public school' means a public school that:
  (A) Provides online courses; and
  (B) Does not primarily serve students in a physical location.
  (2) The State Board of Education shall:
  (a) Develop a proposed governance model for virtual public
schools, including virtual public charter schools.
  (b) Review the appropriate levels and methods of funding for
virtual public schools, including virtual public charter schools.
  (c) In consultation with the State Advisory Council for Special
Education and any other organizations assisting children with
disabilities:
  (A) Review participation rates of children with disabilities at
virtual public schools, including virtual public charter schools;
and
  (B) Identify virtual public schools, including virtual public
charter schools, in this state at which the children are
enrolled.
  (3) All school districts, public schools, public charter
schools, alternative education programs and other entities that
receive public funding to provide educational services are
directed to assist the State Board of Education and the
Department of Education in the performance of their duties under
this section and, to the extent permitted by laws relating to
confidentiality, to furnish such information and advice as the
board and the department consider necessary to perform their
duties.
  (4) Not later than September 1, 2010, the State Board of
Education shall present the proposed governance model and provide
a preliminary report on the topics described in subsection (2) of
this section to the appropriate interim legislative
committees. + }
  SECTION 10.  { + Section 9 of this 2010 Act is repealed on the
date of the convening of the next regular biennial legislative
session. + }
  SECTION 11.  { + (1) The appropriate legislative committees of
the Seventy-sixth Legislative Assembly shall evaluate whether the
provisions of ORS chapter 338 should apply to virtual public
charter schools. The evaluation shall take into consideration the
information provided by the State Board of Education under
section 9 of this 2010 Act.
  (2) Based on the evaluation described in subsection (1) of this
section, the committees shall make recommendations for
consideration by the Seventy-sixth Legislative Assembly. + }
  SECTION 12.  { + This 2010 Act being necessary for the
immediate preservation of the public peace, health and safety, an
emergency is declared to exist, and this 2010 Act takes effect on
its passage. + }
                         ----------

Enrolled House Bill 3660 (HB 3660-INTRO)                   Page 7

Passed by House February 22, 2010

      ...........................................................
                                             Chief Clerk of House

      ...........................................................
                                                 Speaker of House

Passed by Senate February 23, 2010

      ...........................................................
                                              President of Senate

Enrolled House Bill 3660 (HB 3660-INTRO)                   Page 8

Received by Governor:

......M.,............., 2010

Approved:

......M.,............., 2010

      ...........................................................
                                                         Governor

Filed in Office of Secretary of State:

......M.,............., 2010

      ...........................................................
                                               Secretary of State

Enrolled House Bill 3660 (HB 3660-INTRO)                   Page 9
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