Charter Schools and Authorizers

Charter Schools & Authorizers

Charter school issues can be complex, and very few districts in Oregon have the staff capacity to perform all their required functions related to charter schools. OSBA is here to help! OSBA staff have years of experience in charter school authorizing and specific expertise in charter school operations, oversight, and processes such as application, renewal, annual evaluation and closure/termination. We also provide training and professional development to school boards with respect to their roles as charter school authorizers.

Tax Status Change and Sample MOU

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OSBA’s tax status changed effective July 1, 2018, and this will impact our relationship with charter schools. Under the new designation, OSBA can no longer accept dues and/or service fees from charter schools because they are not recognized as political subdivisions of the state as defined under federal tax code.

Therefore, beginning July 1, 2018, charter schools will no longer be able to be associate members or contract directly with OSBA for services.

To access OSBA services, which includes conferences and events, charter schools are now required to submit a Memorandum of Understanding (MOU) acknowledging that their sponsoring district has a process in place that provides access to OSBA services.

Please click the links below to learn more about this change and access a sample memorandum of understanding (MOU) that charter schools and their sponsors may use to allow charter schools to continue to access OSBA services.

FAQ Charter Schools: OSBA Legal Status Change

Sample Memorandum of Understanding

Charter Services for Authorizers (Sponsors)

As a school district in Oregon, you may have already sponsored one or more charter schools. Or, you may have yet to see your first application. Either way, you should be prepared for the responsibilities of charter authorizing. OSBA has experts in charter school law, policy, operations, and oversight to help you navigate the mandatory duties of a charter school authorizer in Oregon.

What OSBA services offer you:

Access to expert advice regarding charter school authorizing and operations
Access to board training on a district board’s roles and responsibilities regarding charter schools
Access to direct services to save you time and worry, including: charter school application, annual evaluation, charter renewal, and termination/closure

OSBA offers the following services for charter school authorizers:

Charter School Application

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The charter school application process is largely dictated by statute and policy, and there are many required steps, mandatory timelines, pitfalls to avoid, and serious considerations along the way. The board’s decision to open a new charter school in your district (or not) is a significant decision that will impact students throughout the district. OSBA will:
- Assemble and train your charter application review team, review your charter application, and lead the application review process through both the completeness phase and the substantive review phase
- Provide a comprehensive report on the merits of the application for both the district board and the charter school developer
- Prepare the board for/facilitate the required public hearing
- Prepare the district to make a recommendation to the board for approval/denial aligned to statutory criteria and your district’s policy
- Lead the process for any appeals or mediation sessions (if denied)
- Assist with the charter contract development along with your legal counsel (if approved)
- Provide ongoing consultation on an as-needed basis during the term of the contract on charter compliance and performance issues
Annual Charter School Evaluation

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Per statute, a charter school authorizer must visit its sponsored charter school at least once annually and must review the charter school on its compliance with the contract and law. This review is typically based on the charter school’s performance academically, financially, and organizationally. OSBA will:
- Conduct a site visit of the charter school
- Review the charter contract and required deliverables and audits
- Review the charter school’s performance on any corrective action or improvement plans
- Provide a comprehensive report on the charter school’s performance and compliance aligned to the requirements of the contract
Charter School Renewal

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At the end of a charter school’s contract, the charter school must request renewal of its charter, which starts a statutory clock of required steps. OSBA will:
- Analyze all contract years’ annual reports and performance data
- Conduct a site visit of the charter school
- Facilitate the required public hearing
- Provide a comprehensive report and prepare the district to make a recommendation to the board for renewal or nonrenewal aligned to charter law and the requirements of the contract
- Assist with the charter contract along with your legal counsel (if renewed)
- Provide ongoing consultation on an as-needed basis during the term of the contract on charter compliance and performance issues
Charter School Termination

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While rare, the termination of a charter school contract can be a complicated and difficult process. Charter law is clear about when failing charter schools should close, and authorizers have the responsibility to ensure that charter options for families are of high quality. When all other options for remediation have been exhausted, OSBA will:
- Create the notification of intent to terminate the contract in consultation with your attorney
- Develop any applicable corrective action plan, and review the charter school’s performance on the plan
- Facilitate the public hearing
- Coordinate with the Oregon Department of Education for the distribution of the charter school’s assets after closure
- Help develop a plan to transition students and families
- Coordinate a closure checklist with both the charter school and the district
Board Training

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It’s important for the board to know its roles and responsibilities with respect to charter schools. A school board training of up to three hours is included in the price of each of the services listed above. But boards can also get training in charter school issues without additional services.
- Trainings can be customized to your district’s needs and include:
- Charter schools 101 – an overview
- The board’s roles and responsibilities in the charter school application process
- The board’s roles and responsibilities in the charter renewal process
- The board’s roles and responsibilities in the charter termination process
- Charter school/authorizer relationship building and maintenance

OSBA staff have years of experience in charter school authorizing and look forward to helping your district with your charter authorizing needs. Contact Kristen Miles at (971) 446-1235 or [email protected] for more information and pricing.

Services for Charter Schools

Through their sponsor districts, public charter schools have access to a wide array of training opportunities and other benefits.

What OSBA services offer you:

Professional development and training for board members.
Access to expert advice in policy, including updates recommended for board policies.
Access to expert advice on legal and human resource issues through PACE insurance.
Access to communication specialists to help with community relations.

OSBA offers the following services and resources for public charter schools:

Board Development Workshops

OSBA offers workshops for charter schools related to board roles and responsibilities, charter school law, ethics laws, and more.

Learn More

Policy Services

OSBA’s Policy Team helps you prepare policies with onsite training, meetings and document preparation.

Learn More

PACE Insurance

As associate members, charter schools can purchase property and liability insurance designed for schools.

Learn More

Communication Services

OSBA’s Communication Services helps you define, refine and deliver your message.

Learn More

Charter Frequently Asked Questions

Some of the most commonly asked questions about Oregon’s public charter school law are listed below. For other questions, please contact Kristen Miles at [email protected].

What is a charter school?

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A charter school is a public school that receives public funds under a written agreement – a charter (or contract) – that outlines student performance goals and educational services the public charter school will provide, as well as many other requirements. Charter schools are excluded from many statutes and rules guiding traditional public schools.

In exchange for a great deal of autonomy, the public charter school is accountable for complying with charter law and the terms of its charter, which includes certain levels of student performance, as well as financial stability.
When did the law become effective?

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Governor John Kitzhaber signed SB 100 and HB 2550 on May 27, 1999. The provisions of the law that allow public charter schools to be created became effective on Sept. 24, 1999.
Who can sponsor a public charter school?

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The law allows for three sponsors: a local school board, the State Board of Education, or an institution of higher education. The State Board and institutions of higher education can only sponsor a public charter school if the application has been denied by a school board.
Can a private or religious school convert to public charter school status?

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No. This is specifically prohibited by the law.
How does a charter school get started?

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To start a charter school, an applicant must submit a proposal to the local school district in which it wishes to locate the charter school. The requirements of the proposal and the evaluation process are detailed in ORS 338.045, and 338.055. The district may require additional information that it deems relevant to the proposal process. Initial charter school contracts typically are 3-5 years in length, and must be renewed at the end of the contract period. The legal requirements for the renewal process are outlined in ORS 338.065.

If the proposal is approved, the charter school developer and the district negotiate a contract. If the proposal is denied, there is a multi-step appeals process available to the charter school applicant.
Can a charter be terminated?

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Yes. During the term of the charter, the school can be terminated by the sponsor for reasons outlined in statute, and any other reason agreed to by both parties in the charter contract.
How are students chosen?

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Enrollment is voluntary. Any student living in the district in which the charter is located may enroll. If applications from resident students exceed the school’s capacity by program, class, grade level or building capacity, the charter must select students through an equitable lottery process.
Can special education students attend a charter school?

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Yes. The district in which the charter school is located is responsible for providing any required special education and related services to any student qualifying for special education services, regardless of the resident district of that student. Charter schools, however, are responsible for creating and implementing 504 plans for students needing such accommodations.
How are charter schools funded?

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Charter schools are funded out of the State School Fund. Charter students are considered residents of the school district in which the public charter school is located for purposes of distributing the State School Fund. There are two funding levels, based on the sponsorship.

Charter Schools and Authorizers

Charter Schools & Authorizers

Charter Services for Authorizers (Sponsors)

OSBA offers the following services for charter school authorizers:

Services for Charter Schools

OSBA offers the following services and resources for public charter schools:

Charter Frequently Asked Questions

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