ORS 338.065
Terms and form of charter
- renewal
- appeal
(1)
Intentionally left blank —Ed.(a)
Upon approval of a proposal by a school district board under ORS 338.055 (Evaluation process and criteria), the school district board shall become the sponsor of the public charter school.(b)
Pursuant to ORS 338.075 (Review of school district board decision) (2) or (3), the State Board of Education shall become the sponsor of the public charter school.(2)
The sponsor and the applicant shall develop a written charter that contains the provisions of the proposal that have been duly approved by the sponsor and public charter school governing body. As provided by ORS 338.055 (Evaluation process and criteria) (6), the sponsor and the applicant may agree to change elements of the proposal prior to incorporating them into the charter. The charter, when duly executed by the sponsor and the public charter school governing body, shall act as the legal authorization for the establishment of the public charter school. The charter shall be legally binding on both the sponsor and the public charter school governing body.(3)
The sponsor and the public charter school governing body may amend a charter by joint agreement.(4)
Intentionally left blank —Ed.(a)
The initial charter shall be in effect for a period of not more than five years and shall be renewed upon the authorization of the sponsor using the process established under this section.(b)
The first renewal of a charter shall be for the same time period as the initial charter.(c)
Subsequent renewals of a charter shall be for a minimum of five years but may not exceed 10 years.(5)
Intentionally left blank —Ed.(a)
The renewal of a charter shall use the process required by this section.(b)
The public charter school governing body shall submit a written renewal request to the sponsor for consideration at least 180 days prior to the expiration of the charter.(c)
Within 45 days after receiving a written renewal request from a public charter school governing body, the sponsor shall hold a public hearing regarding the request for renewal.(d)
Within 30 days after the public hearing, the sponsor shall approve the renewal of the charter or state in writing the reasons for denying the renewal of the charter.(e)
If the sponsor approves the renewal of the charter, the sponsor and the public charter school governing body shall negotiate a new charter within 90 days after the date on which the sponsor approved the renewal of the charter unless the sponsor and the public charter school governing body agree to an extension of the time period. Notwithstanding the time period specified in the charter, an expiring charter shall remain in effect until a new charter is negotiated.(f)
If the sponsor does not renew the charter, the public charter school governing body may address the reasons stated under paragraph (d) of this subsection and any remedial measures suggested by the sponsor and submit a revised request for renewal to the sponsor.(g)
Notwithstanding paragraphs (b) to (f) of this subsection, a sponsor and a public charter school governing body may agree in the charter of the school to a timeline for renewing the charter that is different from the timeline required by paragraphs (b) to (f) of this subsection.(6)
Intentionally left blank —Ed.(a)
If the sponsor does not renew the charter based on the revised request for renewal submitted under subsection (5)(f) of this section, the public charter school governing body may appeal the decision of the sponsor to the State Board of Education for a review of whether the sponsor used the process required by this section in denying the renewal of the charter.(b)
If the state board finds that the sponsor used the process required by this section in denying the request for renewal, the state board shall affirm the decision of the sponsor. A public charter school governing body may seek judicial review of an order of the state board pursuant to ORS 183.484 (Jurisdiction for review of orders other than contested cases).(c)
If the state board finds that the sponsor did not use the process required by this section in denying the request for renewal, the state board shall order the sponsor to reconsider the request for renewal.(d)
If after reconsideration pursuant to paragraph (c) of this subsection the sponsor does not renew the charter, the public charter school governing body may seek judicial review of an order of the sponsor pursuant to ORS 183.484 (Jurisdiction for review of orders other than contested cases).(7)
If the State Board of Education is the sponsor of a public charter school and the state board does not renew the charter based on the revised request for renewal submitted under subsection (5)(f) of this section, the public charter school governing body may seek judicial review of an order of the state board pursuant to ORS 183.484 (Jurisdiction for review of orders other than contested cases) for a review of whether the state board used the process required by this section in denying the request for renewal.(8)
Intentionally left blank —Ed.(a)
The sponsor shall base the charter renewal decision on a good faith evaluation of whether the public charter school:(A)
Is in compliance with this chapter and all other applicable state and federal laws;(B)
Is in compliance with the charter of the public charter school;(C)
Is meeting or working toward meeting the student performance goals and agreements specified in the charter or any other written agreements between the sponsor and the public charter school governing body;(D)
Is fiscally stable and has used the sound financial management system described in the proposal submitted under ORS 338.045 (Proposal requirements) and incorporated into the written charter under this section; and(E)
Is in compliance with any renewal criteria specified in the charter of the public charter school.(b)
The sponsor shall base the renewal evaluation described in paragraph (a) of this subsection primarily on a review of the public charter school’s annual performance reports, annual audit of accounts and annual site visit and review as required by ORS 338.095 (Financial management system) and any other information mutually agreed upon by the public charter school governing body and the sponsor. [1999 c.200 §8; 2005 c.522 §1; 2009 c.691 §10; 2011 c.695 §4; 2013 c.136 §1; 2013 c.265 §8; 2018 c.72 §8]
Source:
Section 338.065 — Terms and form of charter; renewal; appeal, https://www.oregonlegislature.gov/bills_laws/ors/ors338.html.
Notes of Decisions
As used in this section, “an expiring charter shall remain in effect until a new charter is negotiated” means that, for purposes of avoiding interruption in service, if parties are engaged in productive negotiations, charter school may legally continue in operation, even if existing charter technically expires before new charter is executed. This section does not bind parties to future relationship based only on approval of charter proposal and in absence of final agreement in charter negotiations before expiration of existing charter. Oregon Connections Academy v. SCIO School District 95C, 278 Or App 272, 374 P3d 962 (2016)
Law Review Citations
36 WLR 265 (2000)
Up to date