ORS 338.115
Applicability of laws

  • restrictions
  • powers
  • student diplomas and alternative certificates

(1)

Statutes and rules that apply only 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 30.260 (Definitions for ORS 30.260 to 30.300) to 30.300 (ORS 30.260 to 30.300 exclusive) (tort claims);

(c)

ORS 192.311 (Definitions for ORS 192.311 to 192.478) to 192.478 (Exemption for Judicial Department) (public records law);

(d)

ORS 192.610 (Definitions for ORS 192.610 to 192.690) to 192.690 (Exceptions to ORS 192.610 to 192.690) (public meetings law);

(e)

ORS chapters 279A, 279B and 279C (Public Contracting Code);

(f)

ORS 297.405 (Definitions for ORS 297.020, 297.230, 297.405 to 297.740 and 297.990) to 297.555 (Short title) and 297.990 (Penalties) (Municipal Audit Law);

(g)

ORS 326.565 (Standards for student records), 326.575 (Records when student transfers or is placed elsewhere) and 326.580 (Electronic student records) (student records);

(h)

ORS 181A.195 (Criminal records check), 326.603 (Authority of school districts and schools to obtain fingerprints and criminal records check of employees and contractors), 326.607 (Background check policy for volunteers) and 342.223 (Criminal records check) (criminal records checks);

(i)

ORS 329.045 (Revision of Common Curriculum Goals, performance indicators, diploma requirements, Essential Learning Skills and academic content standards) (academic content standards and instruction);

(j)

ORS 329.451 (High school diploma) (high school diploma, modified diploma, extended diploma and alternative certificate);

(k)

ORS 329.496 (Physical education participation) (physical education);

(L)

The statewide assessment system developed by the Department of Education for mathematics, science and language arts under ORS 329.485 (Statewide assessment system) (2);

(m)

ORS 336.840 (Policies for personal electronic devices) (use of personal electronic devices);

(n)

ORS 337.150 (School board and charter school duty to provide textbooks) (textbooks);

(o)

ORS 339.119 (Prohibition of payment as incentive to receive educational services) (consideration for educational services);

(p)

ORS 339.141 (Tuition prohibited for regular school program), 339.147 (When tuition authorized) and 339.155 (Prohibitions of certain fees as condition of admission) (tuition and fees);

(q)

ORS 339.250 (Duty of student to comply with rules) (9) (prohibition on infliction of corporal punishment);

(r)

ORS 339.326 (Actions after receipt of notice under ORS 419A.305) (notice concerning students subject to juvenile court petitions);

(s)

ORS 339.370 (Definitions for ORS 339.370 to 339.400) to 339.400 (Training) (reporting of suspected abuse and suspected sexual conduct);

(t)

ORS 342.856 (Core teaching standards) (core teaching standards);

(u)

ORS chapter 657 (Employment Department Law);
(v)
ORS 659.850 (Discrimination in education prohibited), 659.855 (Sanctions for noncompliance with discrimination prohibitions) and 659.860 (Enforcement of ORS 659.850) (discrimination);

(w)

Any statute or rule that establishes requirements for instructional time provided by a school during each day or during a year;
(x)
Statutes and rules that expressly apply to public charter schools;

(y)

Statutes and rules that apply to a special government body, as defined in ORS 174.117 (“Special government body” defined), or a public body, as defined in ORS 174.109 (“Public body” defined);

(z)

Health and safety statutes and rules;

(aa)

Any statute or rule that is listed in the charter; and

(bb)

This chapter.

(2)

Notwithstanding subsection (1) of this section, a charter may specify that statutes and rules that apply only 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 Article I, section 5, of the Oregon Constitution, or be religion based.

(5)

Intentionally left blank —Ed.

(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 ORS 338.080 (Cooperative agreement to provide educational services), 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, public university listed in ORS 352.002 (Public universities), 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. [1999 c.200 §12; 2001 c.810 §4; 2003 c.303 §15; 2005 c.367 §4; 2005 c.730 §16; 2007 c.35 §6; 2007 c.256 §3; 2007 c.501 §3; 2007 c.575 §5; 2007 c.660 §17; 2007 c.839 §7; 2007 c.858 §33; 2008 c.50 §§11,12; 2009 c.618 §§3,4; 2010 c.53 §§2,3; 2011 c.94 §§2,3; 2011 c.637 §§117,118; 2011 c.682 §§4,5; 2012 c.92 §§9,10; 2013 c.98 §§6,7; 2013 c.265 §§13,14; 2013 c.267 §§8,9; 2015 c.67 §§1,2; 2015 c.245 §§47,48; 2019 c.618 §11; 2021 c.178 §9]

Source: Section 338.115 — Applicability of laws; restrictions; powers; student diplomas and alternative certificates, https://www.­oregonlegislature.­gov/bills_laws/ors/ors338.­html.

Attorney General Opinions

Ability of charter school to contract operations to private, for-profit entity, (2000) Vol 49, p 254

Law Review Citations

36 WLR 265 (2000)

Green check means up to date. Up to date

Current through early 2024

§ 338.115’s source at oregon​.gov