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The following Oregon
Administrative Rules (OARs) relate to charter schools in Oregon:
581-020-0301 [Top]
Public Charter School
Proposal Review and Approval Process
(1) An applicant must submit proposals to the local school district board and the State Board of Education.
(2) Upon receipt of a proposal from an applicant, the school district board will ensure that the proposal addresses all of the required components as set out in Chapter 200, Oregon Laws 1999 (Enrolled Senate Bill 100 Section 6, subsection (2)(a)–(x)). Within 15 business days of the receipt of a proposal, the school district will notify the applicant as to the completeness of the proposal. Proposals that minimally address or leave out any of the required components are not complete and may be returned to the applicant. A proposal that included, for example, a reprinting of the charter school statutes as its response to a required component, would minimally address that component and would not be complete. A proposal that addressed a required component based on an incorrect budget assumption or in a manner that is unsatisfactory to the local school district would nonetheless be complete.
(3) Within 60 days of the notification to the applicant of the school district's receipt of a complete proposal, the school district board must hold a public hearing on the proposal in accordance with Oregon public meeting laws (ORS 192.610 through 192.695, 192.710, and 192.990).
(4) The school district board must evaluate the proposal in good faith using the following criteria:
(a) 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 section (3) above;
(b) Evidence of financial stability, including a proposed budget;
(c) Capability of the applicant, in terms of support and planning, to provide students with comprehensive instructional programs;
(d) Capability of the applicant, in terms of support and planning, to provide academically low achieving students with comprehensive instructional programs;
(e) The extent that the proposal addresses the components required in Chapter 200, Oregon Laws 1999 (Enrolled Senate Bill 100, Section 6, subsection
(2)(a) - (x)), including any additional components or information required under local school district board policy;
(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 where the public charter school is located;
(g) Whether there are arrangements for any special education and related services for children with disabilities pursuant to Chapter 200, Oregon Laws 1999 (Enrolled Senate Bill 100, Section 21); 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.
(5) Within 30 days of the public hearing, the district school board must either approve or deny the proposal. Written notice of the decision must be sent to applicants. Such notice must include reasons and suggestions for remediation for all proposals that are denied.
(6) An applicant may revise and resubmit the proposal to the district school board.
(7) The local school board must approve or disapprove the revised proposal within 20 days of receipt.
(8) The applicant must forward a copy of the written notice of approval to the State Board of Education.
(9) An applicant whose proposal is not approved by the local school board may request a review of that decision by the State Board of Education under the procedure set out in OAR 581-020-0330.
Stat. Auth.: ORS 3263.051
Stats. Implemented: Ch. 200, OL 1999 (SB 100)
Hist.: ODE 13-2000, f. & cert. ef. 5-3-00
581-020-0311 [Top]
Development and
Execution of a Charter
(1) School district boards that approve a proposal will be considered the sponsor of the public charter school defined in the proposal.
(2) An applicant whose proposal has been approved by the sponsor must, in cooperation with the sponsor, prepare and execute a charter that addresses, at a minimum, the information that is included in the proposal.
(3) Notwithstanding subsection (2), an applicant and sponsor may agree to change elements of the proposal prior to including them in the charter and may agree to exclude elements of the proposal from the charter or to include new elements in the charter.
(4) Executed charters may be in effect for no more than five years and may be renewed by the sponsor.
(5) A sponsor and the charter school governing body may amend a charter at any time by joint agreement.
Stat. Auth.: ORS 3263.051
Stats. Implemented: Ch. 200, OL 1999 (SB 100)
Hist.: ODE 13-2000, f. & cert. ef. 5-3-00
581-020-0321 [Top]
Charter School Development
Timelines
(1) School district boards may develop timelines, policies and procedures for receiving, evaluating and approving or disapproving proposals within the parameters set out in Chapter 200, Oregon Laws 1999 (Enrolled Senate Bill 100 Section 7).
(2) School district board timelines, policies and procedures for receiving, evaluating and approving or disapproving proposals may require coordination of charter proposal development with the district's budgeting, student enrollment or operational timelines as necessary to demonstrate that the proposed charter school would meet the requirements of Chapter 200, Oregon Laws 1999 (Enrolled Senate Bill 100, Section 7, subsection (2)(f)).
(3) Upon request from a school district, the State Board of Education may extend any timeline required in ORS Chapter 200, Oregon Laws 1999, (Enrolled Senate Bill 100) if the school district can demonstrate good cause for the extension.
Stat. Auth.: ORS 3263.051
Stats. Implemented: Ch. 200, OL 1999 (SB 100)
Hist.: ODE 13-2000, f. & cert. ef. 5-3-00
581-020-0331 [Top]
Appeal Process
(1) An applicant whose proposal to start a public charter school is not approved may request the State Board of Education review the decision of the school district board.
(2) The State Board of Education delegates to the Superintendent of Public Instruction or designee all administrative functions necessary or reasonable in order to conduct review. This delegation to the Superintendent includes, but is not limited to:
(a) Determining the form, contents and timelines of the petition for review;
(b) Determining the records required for review and ordering the production of those records from either the applicant or school district board and establishing timelines for the production of those records;
(c) Requiring the applicant or school district board to respond to written or oral inquiries related to board review;
(d) Determining the manner, means, scope and timelines by which mediation will take place, consistent with ORS 338.075 (2) (a);
(e) Determining the manner, means and content of recommendations if any, to the applicant and school district board regarding revisions to the application;
(f) Determining at any time during the review process to reject a review request if in the judgment of the Superintendent, the applicant fails to reasonably comply with the administrative review processes of the Superintendent; and
(g) Negotiate, if determined by the Superintendent to be appropriate, the terms of a proposed written charter that contains terms consistent with tentative agreements reached with the applicant during the review process.
(3) At the conclusion of the administrative review process the Superintendent shall recommend in writing to the State Board to:
(a) Reject a proposal to start a public charter school if the proposed charter school fails to meet the requirements of ORS 338; or
(b) Sponsor the public charter school upon the terms in the proposal or upon such other terms specified.
(4) The State Board will consider the recommendation of the Superintendent and any other information it deems relevant and determine based on the requirements of ORS 338 to reject the proposal to have the State Board sponsor the public charter school or agree to sponsor the public charter school.
(5) The decision of the State Board rejecting a proposal to sponsor the public charter school will be based on substantial evidence in the record and will be made within 75 days of receipt by the State Board of the Superintendent's recommendation, unless extended for good cause.
(6) This rule is retroactive to November 1, 1999.
Stat. Auth.: ORS 3263.051
Stats. Implemented: Ch. 200 OL 1999 (SB 100)
Hist.: ODE 13-2000, f. & cert. ef. 5-3-00; ODE 10-2002, f. & cert. ef. 4-12-02;
ODE 5-2004(Temp), f. & cert. ef. 3-15-04 thru 9-1-04; Administrative Correction 9-28-04
581-020-0341 [Top]
Procedure to Waive Certain
Provisions of the Charter School Law
(1) A public charter school may petition the State Board of Education for a waiver of any provision of ORS 388. The written petition must specify the reason(s) the charter school is seeking the waiver and any other relevant information.
(2) The public charter school must notify the sponsor if a waiver under this section is being considered. Waivers granted by the State Board to a charter school may require amending the charter under the provisions of OAR 581-020-0311(5).
(3) The State Board of Education, upon receipt of a waiver petition, will review the petition and may grant the waiver upon a showing that approving the waiver would:
(a) Promote the development of programs by providers;
(b) Enhance the equitable access by underserved families to the public education of their choice;
(c) Extend the equitable access to public support by all students; or
(d) Permit the development of high quality programs of unusual cost.
(4) The State Board of Education may not waive any review provision under the Act or any provision under ORS
338.115(1)(a) - (o)).
Stat. Auth.: ORS 3263.051
Stats. Implemented: Ch. 200, OL 1999 (SB 100)
Hist.: ODE 13-2000, f. & cert. ef. 5-3-00; ODE 10-2002, f. & cert. ef. 4-12-02; ODE 5-2003(Temp), f. & cert. ef. 4-2-03 thru 9-15-03; Administrative correction 11-13-03
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