(1) A public charter school may be established:
(a) As a new public school;
(b) From an existing public school or a portion of the school; or
(c) From an existing alternative education program, as defined in ORS 336.615.
(2)(a) Before a public charter school may operate as a public charter school, it must:
(A) Be approved by a sponsor;
(B) Be established as a nonprofit organization under the laws of Oregon; and
(C) Have applied to qualify as an exempt organization under section 501(c)(3) of the Internal Revenue Code.
(b) Notwithstanding paragraph (a) of this subsection, the requirements of paragraph (a)(B) and (C) of this subsection do not apply to:
(A) A school in a school district that is composed of only one school; and
(B) A school in a school district that is a remote and necessary school district on the date the school first begins operation as a public charter school.
(3) An applicant seeking to establish a public charter school shall submit a proposal pursuant to ORS 338.045 to the school district board of the school district within which the public charter school will be located at least 120 days prior to the date upon which the public charter school would begin operating. However, it is recommended that an applicant consult with the school district board prior to submitting a proposal.
(4) An applicant seeking to establish a public charter school shall provide to the State Board of Education a copy of any proposal submitted to a school district board under ORS 338.045 and a copy of any subsequent approval by the school district board.
(5)(a) One or more, but not all, schools in a school district may become public charter schools.
(b) Notwithstanding paragraph (a) of this subsection, a school in a school district that is composed of only one school may become a public charter school.
(6)(a) A school district board or the State Board of Education may not approve a public charter school proposal that authorizes the conversion of any private school that is tuition based to a public charter school.
(b) Notwithstanding paragraph (a) of this subsection, a school district board or the State Board of Education may authorize the conversion of an existing alternative education program, as defined in ORS 336.615, to a public charter school.
(7) A school district board or the State Board of Education may not approve a public charter school proposal that is affiliated with a nonpublic sectarian school or a religious institution. [1999 c.200 §3; 2003 c.313 §1; 2005 c.209 §26; 2007 c.575 §1]
Note: See note under 338.005.
Section: Previous 338.005 338.010 338.015 338.020 338.025 338.030 338.035 338.040 338.045 338.050 338.055 338.060 338.065 338.070 338.075 NextLast modified: August 7, 2008