Code:  LBE

Readopted: 5/20/19, 7/20/20, 6/20/23, 2/20/24  

Adopted:  12/11/17

Public charter schools may be established as a new public school, or a virtual public school, from one or more existing public schools in the district or a portion of the school, or from an existing alternative education program.  A public charter school may not convert an existing tuition-based private school into a charter school, affiliate itself with a nonpublic sectarian school or religious institution or encompass all the schools in the district unless the district is composed of only one school.

Public charter schools shall demonstrate a commitment to the mission and diversity of public education while adhering to one or more of the following goals:

1. Increase student learning and achievement;
2. Increase choices of learning opportunities for students;
3. Better meet individual student academic needs and interests;
4. Build stronger working relationships among educators, parents and other community members;
5. Encourage the use of different and innovative learning methods;
6. Provide opportunities in small learning environments for flexibility and innovation;
7. Create new professional opportunities for teachers;
8. Establish additional forms of accountability for schools; and
9. Create innovative measurement tools.

An applicant must submit a complete public charter school proposal that meets the requirements of Oregon law and includes other information required by the district in the application process.  The public charter school will be located and operated within the sponsoring district except where authorized by law. 

The public charter school employer will be determined with each proposal. If the district is the employer, the terms of the current collective bargaining agreement will be examined to determine which parts of the agreement apply. If the district is not the sponsor of the public charter school, the district shall not be the employer and will not collectively bargain with public charter school employees.

The Board will not approve any public charter school proposal when it is deemed that its value is outweighed by any direct identifiable, significant and adverse impact on the quality of the public education of students residing in the district.  To meet the eligibility criteria for Board approval, a public charter school proposal must meet the requirements of Oregon law, Board policy and regulation.  Upon request of the Board, the public charter school applicant must furnish in a timely manner any other information the Board deems relevant and necessary to conduct a complete and good faith evaluation of the public charter school proposal or renewal.

The district will determine if it has any vacant or unused buildings and make a list of such buildings. Buildings may be leased to a public charter school, subject to Board approval and Board policy. 

Public charter school students shall not be permitted to participate in district curricular programs.[1]

Public charter school students in grades K-8 may participate in their resident district’s activities that are offered before or after regular school hours. Public charter school students in grades 9-12 may participate in their resident district’s available activities that are sanctioned by the Oregon School Activities Association (OSAA) when requirements found in Oregon law are met.

The district will not provide instructional materials, lesson plans or curriculum guides for use in a public charter school.

Virtual Public Charter School Enrollment

The district will monthly calculate the number of students residing in the district who are enrolled in a virtual public charter school. When the percentage is more than three percent, the district may choose to not approve additional students for enrollment to any virtual public charter school, subject to the requirements in Oregon Administrative Rule (OAR) 581-026-0305(2).

The district is only required to use data that is reasonably available to the district, including but not limited to the following for such calculation:

1. The number of students residing in the district enrolled in the schools within the district;
2. The number of students residing in the district enrolled in public charter schools located in the district;
3. The number of students residing in the district enrolled in virtual public charter schools;
4. The number of home-schooled students who reside in the district and who have registered with the educational service district; and
5. The number of students who reside in the district enrolled in private schools located within the school district.

If enrollment in a virtual charter school is not approved, the district will send a notice of disapproval to the parent of the student who has sent to the district a notice of intent to enroll in a virtual public charter school within 14 days calendar days of receipt of the notice of intent to enroll. 

A parent may appeal a decision of a school district to not approve a student for enrollment to a virtual public charter school to the State Board of Education under OAR 581-026-0310.

The superintendent will develop administrative regulations to include, but not limited to, the proposal process, review and appeal procedures and program evaluation, renewal, and termination.

END OF POLICY

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Legal Reference(s):
ORS 327.077
ORS 327.109
ORS 332.107
ORS Chapter 338
ORS 339.141
ORS 339.147
ORS 339.450
ORS 339.460

OAR 581-026-0005 to -0710

Every Student Succeeds Act, 20 U.S.C. §§ 6311-6322 (2018).

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[1] Unless allowed by Oregon law related to OSAA-sanctioned activity participation.

 

Code:   LBE-AR
Readopted:  6/15/09, 2/14/11, 9/26/23

Adopted: 6/7/05

 

1.     Definitions

1. Applicant” means any person or group that develops and submits a written proposal for a public charter school to the district.
2. “Public charter school” means an elementary or secondary school offering a comprehensive instructional program operating under a written agreement entered into between the district and an applicant.
3. “Virtual public charter school” means a public charter school that provides online courses, but does not primarily serve students in a physical location as described in Oregon Administrative Rule (OAR) 581-026-0300.
4. “Remote and necessary school district” means a school district that offers kindergarten through grade 12 and has: (a) an average daily membership (ADM), as defined in Oregon Revised Statute (ORS) 327.006, in the prior fiscal year of less than 110; and (b) a school that is located, by the nearest traveled road, more than 20 miles from the nearest school or from a city with a population of more than 5,000.
5. “Sponsor” means the district or Board.

2.     Proposal Process

An applicant shall submit a complete proposal for sponsorship of a public charter school by the Board, including items outlined in ORS 338.045, and any additional requirements as are required in the Board’s application for sponsorship, to the district office during the hours the district office is open to the public for a start date in a subsequent school year by December 1. The applicant shall also submit a copy of the same proposal to the State Board of Education. The proposal for a public charter school shall include all of the following, organized and labeled with sections and numbers corresponding to those shown below:                                   

            a.  General Information

1. Identification of the applicant;
2. Name of the proposed public charter school;
3. Term of the charter;
4. The date upon which the public charter school would begin operating.
5. The projected enrollment to be maintained and the ages or grades to be served when the school is fully enrolled;
6. A description of the target population of students the public charter school is designed to serve;
7. A description of proposed admission policies and application procedures.  Include a description of the proposed lottery procedures and how they will comply with statutory requirements (ORS 338.125);
8. The proposed school calendar, including the length of the school day and school year; and
9. Explanation of how this charter school proposal will help meet the outcomes of the District’s Strategic Plan.

b.  Support for the Proposed Charter School by Educators and Community Members

1. Explain how educators, families, and community members demonstrated and continue to demonstrate sustainable levels of support for the proposed charter school; and
2. Describe the manner in which community groups may be involved in the planning and development process of the public charter school.

            c.  Curriculum, Instruction and Assessment

1. A description of the philosophy and mission of the public charter school;
2. Description of instructional goals of the public charter school in relationship to Oregon’s academic content standard and benchmarks;
3. A description of the curriculum for each grade, showing detailed alignment with Oregon’s academic content standards;
4. A description of the expected results of the curriculum and the methods used to measure and report objective student growth;
5. If applicant is proposing an elementary-level public charter school, a description of how the curriculum is aligned at each grade level with the District’s curriculum, and an explanation of how a student in the public charter school will be adequately prepared to re-enter the District’s public school system after completing the public charter school’s program;
6. A planned course statement for each grade, including related content standards, course criteria, assessment practices and state-required work samples that will be collected;
7. A list of the primary instructional materials to be used for each academic content area in each grade, including the publisher, copyright date, version, and edition;
8. A list of major supplementary material to be used in core academic content areas and the criteria for use with students;
9. Description of any distinctive learning or teaching techniques to be used;
10. Description of strategies the public charter school staff will use to create a climate conducive to learning and positive student engagement;
11. Description of the typical school day for a student, including a master schedule, related activities, breaks and extracurricular options;
12. Description of how teachers will utilize current student knowledge and skills to assist in the design of appropriate instruction;
13. Description of how the public charter school staff will identify and address students’ rates and levels of learning;
14. Description of how the public charter school will meet the unique learning needs of students working above and below grade level, including but not limited to talented and gifted students, including screening, identification and services;
15. Explanation of grading practices for all classes and how student performance will be documented;
16. Description of the student assessment system, including how student academic progress will be measure at each grade level and any specific assessment instruments that will be used; and
17. Description of the plan for reporting student progress to parents, students and the community.

d.  Special Education and Related Services

1. Arrangements for any necessary special education and related services provided pursuant to ORS 338.165 for children with disabilities who may attend the public charter school;
2. Description of specific program information regarding curriculum and how specially designed instruction will be delivered for special education students (include methodologies, data collection systems and service delivery models used);
3. Explanation of how the public charter school will work with the District to implement Child Find requirements;
4. Explanation of how the public charter school will work with the District to manage IDEA 2004 mandates regarding eligibility, IEP, and placement meetings;
5. Explanation of how the public charter school will work with the District to implement accommodations and modifications contained in the IEP or Section 504 plan;
6. Explanation of the role of parents in implementing the IEP;
7. Description of how the public charter school will work with the District to comply with Section 504 accessibility requirements and nondiscrimination requirements in admissions and staff hiring; and
8. Description of how student heath and medical needs will be met, including medication management and training.

            e.  English Language Learners

1. Description of how the public charter school will deliver services and instruction to English Language Learners (ELL), including descriptions of curriculum, methodology and differentiated instruction.

            f.  Teacher and Staff Qualifications and Training

1. Description of the proposed staff members and required qualifications of teachers at the public charter school;
2. Explanation of how the public charter school will comply with TSPC requirements for all staff, including all TSPC Oregon Administrative Rules pertaining to its staff;
3. A description of the required qualifications of teachers, administrators, and other staff of the public charter school, including TSPC registration or licensure requirements, and the names of the proposed teachers, administrators, and other staff, if known;
4. Provide the public charter school’s plan for comprehensive professional development for all staff;
5. Identification of how the public charter school’s licensed staff will obtain their required Continuing Professional Development units for licensure renewal; and
6. Plans for the recruitment and hiring of substitute professional and classified staff; and
7. Proposed plan for the placement of public charter school teachers, other school employees, and students of the public charter school upon termination or nonrenewal of a charter.

g.  Access to Resources

1. Identification of how the public charter school will provide access to national assessments such as PSAT, SAT, and ACT, if applicable;
2. Description of parental involvement, content of planned meetings and how the public charter school will adjust any meeting to meet the needs of working parents;
3. Description of distance learning options available to students, including the grade levels and amount of instruction offered to students, if applicable;
4. Plans for child nutrition program(s);
5. Plans for counseling services; and
6.  Plans for the transportation of students.

h.   Finances

1. The proposed budget and financial plan for the public charter school and evidence that the proposed budget and financial plan for the public charter school are financially sound;
2. With respect to the public charter school's budget, each of the following must be separately listed in the budget and the application must explain how the value for each line item was derived:

1. Projected PERS contributions;
2. Computer and technology support costs;
3. Transportation costs, if applicable;
4. Teaching salaries and other personnel compensation; and
5. Projected facilities costs, including utilities, repairs, and rent;

3. A description of the financial management system for the public charter school, which system must include, at a minimum:

1. Accounting and financial record-keeping procedure that reflect Generally Accepted Accounting Principles;
2. Procedures for cash management, investment practices, and financial reporting;
3. Procedures for creating balance sheets that summarize the charter school’s assets and liabilities;
4. Procedures to segregate the duties and provide oversight for accounting and reporting functions of the public charter school; and
5. Processes to facilitate an annual review of such system by both the public charter school and the District;

4.  Description of how student membership will be calculated and reported, including a description of the type of instruction and location of instruction that contributes to Average Daily Membership (ADM); and

5.  Process and procedure in which the program review and fiscal audit will be conducted.

            i.   Governance and Facilities

1. The statutes and rules that shall apply to the public charter school;
2. Legal address, facilities and physical location of the public charter school, if known;
3. Plans for use of any district facilities, if applicable;
4. Describe the plan to provide for any future space needs, if applicable;
5. A copy of all applicable occupancy permits and health and safety approvals relating to the public charter school's facilities;
6. A description of the governance structure of the public charter school including the name and qualifications of each school board member, a description of the duties and responsibilities of the board members, and a description of how additional or replacement school board members will be selected;
7. Describe the plan to train and recruit board members;
8. Attach the bylaws for the proposed charter school;
9. Evidence that the school has qualified as an exempt organization under section 501(c)(3) of the Internal Revenue Code or that the school has applied for 501(c)(3) status;
10. The plan for performance bonding or insuring the charter school, including buildings and liabilities.

            j.  Policies and Procedures

1. Copies of policies or procedures of the public charter school with respect to:
   1. Admission policies and application procedures, which shall describe the equitable lottery process referred to in ORS 338.125;
   2. Academic standards for students.
   3. Reviewing and selecting instructional materials;
   4. Meeting the needs of students who are not successful in the regular program;
   5. Student behavior standards, student rights and responsibilities classroom management, suspensions, expulsions, and student discipline, including corporal punishment, handling of students expelled from another school district, and student possession, use or distribution of illegal drugs, weapons, flammable devices and other items that may be used to injure others
   6. Handling of disciplinary referrals;
   7. Dispensing of medication to students who are in need of regular medication during school hours;
   8. Soliciting, advertising, and fundraising by nonschool groups;
   9. Field trips;
   10. Student promotion and retention;
   11. Transcripting of credits, if applicable;
   12. Diplomas and graduation, and participation in graduation exercises, if applicable;
   13. Complaints from students, parents, and the public;
   14. Visitors and volunteers;
   15. Staff discipline, suspension, and dismissal
   16. Staff and student technology and internet use
   17. Student publications; and
   18. Staff, parent, and student vehicle parking and use. 

k.  Other schools operated by applicant, if applicable

1. Explanation of the legal relationship between the public charter school and any other school, whether public or private, and copies of any contracts or legal documents that create or describe the relationship between the entities;
2. Proof that the applicant has established a separate Oregon nonprofit corporation, legally independent of any other school, to operate the public charter school;
3. Evidence of improvement in student academic performance in such school over time (both individual and program/grade level);
4. Documentation and a description of how long most students typically remain in the school, disciplinary referrals, juvenile interventions, and any other disciplinary issues of students in the school;
5. Copies of municipal audits for any public charter school operated by the applicant; and
6. Copies of program reviews by other school districts for any public charter school operated by the applicant.

            l.   Other Information

1. Arrangements for students and staff of an existing public school who choose not to participate in the proposed charter school, if applicable; and
2. Any other information the District or its representatives considers relevant to the formation or operation of the public charter school.              

As part of the proposal, each member of the proposed public charter school’s governing body must provide an acknowledgment of understanding of the standards of conduct and the liabilities of a director of a nonprofit organization, as described in ORS Chapter 65, if the public charter school is organized as required by ORS 338.035(2)(a)(B) and (C).

The district will complete the review process as outlined in Section 3 below.

3.         Proposal Review Process

1. Within 30 business days of receipt of a proposal, the district will notify the applicant as to the completeness of the proposal.
   1. If the Board determines the proposal is incomplete, the district will identify the specific elements of the proposal that are not complete and provide the applicant with a reasonable opportunity, as determined by the Board, to complete the proposal.
   2. If after given a reasonable opportunity the applicant does not complete the required elements, the Board may disapprove^[1] the proposal.
   3. An applicant, that has had a proposal disapproved pursuant to section (2) may appeal the Board’s decision to the State Board of Education within 30 days of the disapproval.
   4. A good faith disapproval is not a denial for purposes of requesting a review by the State Board of Education under ORS 338.075.
2. Within 60 days after the receipt of a completed proposal, or a final order issued by the Superintendent of Public Instruction remanding the proposal to the Board for consideration following a decision on an appeal, the Board shall hold a public hearing on the provisions of the public charter school proposal.
3. The Board must evaluate a proposal in good faith using the following criteria:

(1) The demonstrated sustainable support for the proposed charter school by teachers, parents, students and other community members, including comments received at the public hearing;
(2) The demonstrated financial stability of the proposed public charter school including the demonstrated ability of the school to have a sound financial management system that is in place at the time the school begins operating and meets requirements of ORS 338.095(1);
(3) The capability of the applicant, in terms of support and planning, to provide comprehensive instructional programs;
(4) The capability of the applicant, in terms of support and planning, to provide comprehensive instructional programs to students identified as academically low achieving;
(5) The adequacy of the information provided as required in the proposal criteria;
(6) Whether the value of the public charter school is outweighed by any directly identifiable, significant, and adverse impact^[2] on the quality of the public education of students residing in the district in which the public charter school will be located
(7) Whether there are arrangements for any necessary special education and related services for students with disabilities;
(8) Whether there are alternative arrangements for students, teachers and other school employees who choose not to attend or who choose not to be employed by the public charter school; and
(9) The prior history, if any, of the applicant in operating a public charter school or in providing educational services.

d.    The Board must either approve or deny the proposal within 30 days of the public hearing.  Written notice of the Board’s action shall be sent to the applicant by the district.

(1) If approved, the applicant shall also submit a copy of the approval to the State Board of Education.
(2) If denied, the notice must include the reasons for the denial with suggested remedial measures. The Board shall provide a reasonable opportunity for the applicant to amend and resubmit the proposal. The Board must either approve or deny the resubmitted proposal within 30 days of receipt. The Board may, with good cause, request an extension in the approval process timelines from the State Board of Education.

e.     If the Board denies the resubmitted proposal, the process ends. An applicant whose resubmitted proposal is not approved by the Board may request a review of that decision to the State Board of Education within 30 days of the disapproval.

4.         Terms of the Charter Agreement

1. Upon the approval of a proposal by the Board, the applicant, in cooperation with the district, must prepare and execute a written charter agreement, subject to Board approval, which shall act as the legal authorization for the establishment of the public charter school. 
2. The charter agreement shall be legally binding and must be in effect for a period of not more than five years but may be renewed by the Board.
3. The Board and the public charter school may amend a charter agreement through joint agreement.
4. The agreement shall incorporate the elements of the approved proposal, will address the requirements outlined in OAR 581-026-0100(2) and any additional requirements that may apply to the public charter school including, but not limited to, the following:

(1) Pregnant and parenting students (ORS 336.640);
(2) English language learners (ORS 336.079);
(3) Student conduct (ORS 339.250);
(4) Alcohol and drug abuse policy and plan (ORS 336.222);
(5) Oregon Report Card (ORS 329.115);
(6) Employment status of public charter school employees pursuant to ORS 338.135;          
(7) Student enrollment, application procedures and whether the public charter school will admit nonresident students and on what basis pursuant to ORS 338.125.^[3]
(8) Transportation of students shall comply with ORS 338.145;
(9) The plan for performance bonding or insuring the public charter school sufficient to protect the public charter school and the district from loss and liability and comply with Oregon law. Documentation shall be submitted prior to agreement approval.

5. If the district and the public charter school enter a cooperative agreement with other school districts for the purpose of forming a partnership to provide educational services, then the agreement must be incorporated into the charter of the public charter school.

5.         Public Charter School Operation

1. The public charter school shall operate at all times in accordance with the laws and rules governing public charter school operation in the state of Oregon, including but not limited to ORS Chapter 338 and applicable OAR Chapter 581 Division 22, and the charter agreement.
2. Upon application by the public charter school, the State Board of Education may grant a waiver of certain public charter school law provisions if the waiver promotes the development of programs by providers, enhances the equitable access by underserved families to the public education of their choice, extends the equitable access to public support by all students or permits high quality programs of unusual cost. This waiver request must specify the reasons the public charter school is seeking the waiver and further requires the public charter school to notify the sponsor if a waiver is being considered.

6.         Virtual Public Charter School Operation

In addition to the other requirements for a public charter school, a virtual public charter school must comply with additional requirements pursuant to ORS 338.120.

7.         Charter Agreement Review

1. The public charter school shall report at least annually on the performance of the school and its students to ODE and the district.
2. The public charter school shall be audited annually in accordance with the Municipal Audit Law. After the audit, the public charter school shall forward a copy of the annual audit to ODE and the following to the sponsoring district:

(1) A copy of the annual audit;
(2) Any statements from the public charter school that show the results of operations and transactions affecting the financial status of the public charter school during the preceding annual audit period for the school; and
(3) A balance sheet containing a summary of the assets and liabilities of the public charter school as of the closing date of the preceding annual audit period for the school.

3. The district may request at any time an acknowledgment from each member of the public charter school board that the member understands the standards of conduct and liabilities of a director of a nonprofit organization, as those standards and liabilities are described in ORS Chapter 65.
4. The public charter school shall submit to the district [quarterly] financial statements that reflect the school’s financial operations. The report shall include, but not be limited to, revenues, expenditures, loans and investments.

8.         Authorizing Duties

1. The district shall designate a liaison to the public charter school for ease of communication between the district and the public charter school.
2. The district shall ensure at all times that both the public charter school and the district are in compliance with the charter agreement, as per ORS 338.065(2).
3. The district shall conduct:

(1)  A comprehensive annual visit to the public charter school and written evaluation of the charter school’s program, which should include an audit of the public charter school’s academic, financial, and operational performance.
(2) A review of public charter school staff credentials to ensure that public charter school staff are properly licensed and/or registered with TSPC.
(3) A collection and review of all deliverables specified in the agreement.
(4) A review of data to ensure the public charter school is making progress on reasonable, measurable written goals for academic, financial, and operational performance.
(5) A review to ensure the public charter school is providing appropriate services to students who qualify, e.g., English learner supports.

9.         Complaints Heard by the Charter School Board

A final decision reached by the public charter school board for a complaint that alleges a violation of ORS 339.285 - 339.303 or OAR 581-021-0550 - OAR 581-021-0570 (Restraint or Seclusion), ORS 659.850 (Discrimination), ORS 659.852 (Retaliation), or applicable OAR Chapter 581, Division 22 (Division 22 Standards), is recognized as the final decision regarding this complaint^[4] by the Board of Beaverton School District. A final decision may be appealed to the Oregon Department of Education under OAR 581-002-0003 - 581-002-0005.

10.       Charter School Renewal

1. The first renewal of a charter agreement shall be for the same time period as the initial charter. Subsequent renewals of a charter agreement shall be for a minimum of five years but may not exceed 10 years.
2. The Board and the public charter school shall follow the timeline listed below, unless a different timeline has been agreed upon by the Board and the public charter school:

(1)  The public charter school board shall submit a written renewal request to the Board for consideration at east 180 days prior to the expiration of the charter agreement;
(2) Within 45 days after receiving a written renewal request from a public charter school, the Board shall hold a public hearing regarding the renewal request;
(3) Within 30 days after the public hearing, the Board shall approve the charter renewal or state in writing the reasons for denying charter renewal;
(4)  If the Board approves the charter renewal, the district and the public charter school shall negotiate a new charter agreement within 90 days unless the district and the public charter school agree to an extension of the time period. Notwithstanding the time period specified in the charter agreement, an expiring charter agreement shall remain in effect until a new charter agreement is negotiated;
(5)  If the Board does not renew the charter agreement, the public charter school board may address the reasons stated for denial of the renewal and any remedial measures suggested by the district and submit a revised request for renewal to the Board;
(6)  If the Board does not renew the charter agreement based on the revised request for renewal the public charter school may appeal the Board’s decision to the State Board of Education for a review of whether the Board used the process required by Oregon law in denying the charter agreement renewal pursuant to ORS 338.065(6).
(7)  The Board shall base the charter agreement renewal decision on a good faith evaluation pursuant to ORS 338.065(8) and shall base the renewal evaluation described 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 and any other information mutually agreed upon by the public charter school board and the Board.

For purposes of this section, the phrase “good faith evaluation” means an evaluation of all criteria required by ORS 338.065 resulting in a conclusion that a reasonable person would come to who is informed of the law and the facts before that person.

11.       Charter School Termination

a.  The public charter school may be terminated by the Board for any of the following reasons:

(1)  Failure to meet the terms of an approved charter agreement or any requirement of ORS Chapter 338 unless waived by the State Board of Education.(2)        Failure to meet the requirements for student performance as outlined in the charter agreement.
(3)  Failure to correct a violation of federal or state law that is described in ORS 338.115.
(4)  Failure to maintain insurance as described in the charter.
(5)  Failure to maintain financial stability.
(6)  Failure to maintain, for one or more consecutive years, a sound financial management system described in the proposal submitted under ORS 338.045 and incorporated into the written charter under ORS 338.065.
(7)  Failure to maintain the health and safety of the students.

2. If a public charter school is terminated by the Board for any reason listed in sections a.(1) through a.(6) above, the following shall occur:

(1)  The Board shall give the public charter school board, at least 60 days prior to the proposed effective date of termination, written notification of its decision which shall state the grounds for termination.
(2)  If the grounds for termination include failure to maintain financial stability or failure to maintain a sound financial management system, the Board and the public charter school may agree to develop a plan to correct deficiencies. The plan to correct deficiencies will follow a process outlined in ORS 338.105.
(3)  The public charter school may request a hearing with the Board in relation to a termination or a plan to correct deficiencies. The request must be made in writing and delivered to the business address of the district.
(4)  Following a hearing, a decision reached by the Board to terminate may be appealed by the public charter school to the State Board of Education.

3. The Board may terminate a charter immediately and close the public charter school for endangering the health or safety of the students enrolled in the public charter school under ORS 338.105(4):

(1)  A public charter school board may request, in writing and delivered to the business address of the district, a hearing with the Board.
(2)  Within 10 days of receiving the request for a hearing, the Board must hold a hearing on the termination.
(3)  If the Board acts to terminate the charter following the hearing, the public charter school may appeal the decision reached by the Board to the State Board of Education.
(4)  The public charter school will remain closed during the appeal process at the discretion of the Board unless the State Board of Education orders the Board not to terminate and to re-open the public charter school.

4. If the charter agreement is terminated or a public charter school is closed or dissolved by the governing body of the public charter school, it shall be done only at the end of a semester and the public charter school board shall notify the district at least 180 days prior to the proposed effective date of the termination, closure or dissolution. Such notice must be made in writing.
5. If a charter agreement is terminated or a public charter school is dissolved, assets that were obtained with grant funds will be dispersed according to the terms of the grant. If the grant is absent any reference to ownership or distribution of assets of a terminated, closed or dissolved public charter school, all assets will be given to the State Board of Education for disposal.

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[1] The term “disapprove” is used for a proposal that is rejected due to being incomplete. See ORS 338.055(1)(c).

[2] A determination of whether an impact is directly identifiable, significant, and adverse may include, but is not limited to student enrollment, student-teacher ratios, staff with requisite licensure or endorsement, student learning and performance, specialty programs, financial considerations, and maintenance capabilities.

[3] Student enrollment shall be voluntary. A public charter school may not limit student enrollment based on ethnicity, national origin, race, religion, disability, sex, sexual orientation, gender identity, income level, the terms of an individualized education program, proficiency in the English language or athletic ability but may limit admission within a given age group or grade level. A public charter school must select students through an equitable lottery selection process if the number of student applicants exceeds the capacity of a program, class, grade level or building. A public charter school may implement a weighted lottery that favors historically underserved students and may give priority for admission to students when in accordance with ORS 338.125(3)(c) (as amended by HB 2954 (2021)).

[4] The public charter school board is given this authority by the district Board as established Board policy.