LBE - Public Charter Schools**
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:
- Increase student learning and achievement;
- Increase choices of learning opportunities for students;
- Better meet individual student academic needs and interests;
- Build stronger working relationships among educators, parents and other community members;
- Encourage the use of different and innovative learning methods;
- Provide opportunities in small learning environments for flexibility and innovation;
- Create new professional opportunities for teachers;
- Establish additional forms of accountability for schools; and
- Create innovative measurement tools.
Public charter schools may be established as a new public school, from an existing public school 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.
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 unused or underutilized buildings. Buildings may be made available for public charter school use, subject to Board approval. Approved use may be limited to instructional purposes only. Appropriate-use fees will be determined by the Board. Public charter school use outside the district’s instructional day will be subject to Board policy KG - Community Use of District Facilities and accompanying administrative regulation.
Public charter school students shall not be permitted to participate in district curricular programs.
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 the 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.
The public charter school employer will be determined with each proposal. If the Board is the employer, the terms of the current collective bargaining agreement will be examined to determine which parts of the agreement apply. If the Board is not the sponsor of the public charter school, it shall not be the employer and will not collectively bargain with public charter school employees.
The district will annually by August 1, 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.
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.
The superintendent will develop guidelines for public charter schools to include the proposal process, review and appeal procedure and charter agreement provisions.
OAR 581-026-0005 to -0515
Every Student Succeeds Act, 20 U.S.C. §§ 6311-6322 (2012).
Readopted: 2/14/11, 6/15/09 Adopted: 6/7/05
A. “Applicant” has the meaning given to such term in ORS 338.005(1).
B. “Public charter school” has the meaning given to such term in
C. “Virtual public charter school” has the meaning given to such term in
ORS 338.005(5) and ORS 581-020-0337.
II. Conflict with law. The District will comply with ORS Chapter 338, Oregon
Administrative Rules relating to public charter schools, and any other applicable
law. Because the law applicable to public charter schools changes from time to
time, in the event any portion of these administrative regulations conflict with
applicable law, the District will comply with the requirements of the law rather
than these regulations.
III. Proposal Process. The applicant shall submit a written proposal for a public
charter school to the District no later than 120 days prior to the proposed starting
date. In addition to the minimum requirements established by law, to be
considered complete, 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. Curriculum and Program
- A description of how the public charter school ‘s program and philosophy differs from the District’s current programs and philosophy;
- A description of curriculum for each grade, showing detailed alignment with Oregon’s academic content standards;
- Explanation of how the proposed academic program will be aligned with that of the District;
- Description of instructional goals of the public charter school in relationship to Oregon’s academic content standard and benchmarks;
- 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;
- A planned course statement for each grade, including related content standards, course criteria, assessment practices and state-required work samples that will be collected;
- A list of the primary instructional materials to be used for each academic content area in each grade, which list shall include the publisher, copyright date, version, and edition;
- A list of major supplementary material to be used in core academic content areas and the criteria for use with students;
- Description of strategies the public charter school staff will use to create a climate conducive to learning and positive student engagement;
- Description of the typical school day for a student, including a master schedule, related activities, breaks and extracurricular options; and
- Description of how teachers will utilize current student knowledge and skills to assist in the design of appropriate instruction.
B. Credits and Student Assessments
- Description of how the public charter school will treat credits for course work completed by a public charter student at any other public school;
- Explanation of grading practices for all classes and how student performance will be documented;
- 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
- Description of the plan for reporting student progress to parents, students and the community.
C. Student Achievement
- Description of how the public charter school staff will identify and address students’ rates and levels of learning;
- Description of how the public charter school will meet any and all requirements of No Child Left Behind, specifically addressing adequate yearly progress (AYP) and the safe schools aspects of the law;
- Description of how the public charter school ill collect AYP information on all subgroup populations in the public charter school; and
- 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.
D. Special Education and Related Services
- 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);
- Explanation of how the public charter school will work with the District to implement Child Find requirements;
- Explanation of how the public charter school will work with the District to manage IDEA 2004 mandates regarding eligibility, IEP, and placement meetings;
- 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;
- Explanation of how the public charter school will work with the District to include parents in implementing IEPs;
- Explanation of how the public charter school intends to work with the resident district of any IEP student to provide special education services; and
- 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.
E. English Language Learners
- Description of how the public charter school will deliver services and instruction to English Language Learners (ELL, including descriptions of curriculum, methodology and program accommodations.
F. Teacher and Staff Qualifications and Training
- Explanation of how the public charter school will meet the federal mandate of “highly qualified” teachers contained in No Child Left Behind that are applicable to public charter schools;
- Identification regarding the training and/or certification of staff, including areas of industry training, endorsements and Teacher Standards and Practices and Commission (TSPC) licensure and registration;
- 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;
- 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;
- Identification of which teachers are Oregon Proficiency-based Admission Standards System (PASS) trained by content areas and year of training or retraining, if applicable;
- Provide the public charter school’s plan for comprehensive professional development for all staff;
- Identification of how the public charter school’s licensed staff will obtain their required Continuing Professional Development units for licensure renewal; and
- Explanation of contingency plans for the hiring of substitute professional and classified staff.
G. Access to Resources
- Identification of how the public charter school will provide access to national assessments such as PSAT, SAT, and ACT, if applicable;
- 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;
- Description of distance learning options available to students, including the grade levels and amount of instruction offered to students, if applicable;
- Plans for student participation in extracurricular activities pursuant to the Oregon School Activities Association, the District policies, and applicable regulations and rules;
- Plans for use of any district facilities including, but not limited to gymnasiums, auditoriums, athletic fields, libraries, cafeterias, computer labs and music facilities;
- Plans for child nutrition program(s); and
- Plans for counseling services.
- A description of the financial management system for the public charter school, which system must include, at a minimum:
a) Accounting and financial record-keeping procedure that reflect
Generally Accepted Accounting Principles;
b) Procedures for cash management, investment practices, and
c) Procedures for creating balance sheets that summarize the
charter school’s assets and liabilities;
d) Procedures to segregate the duties and provide oversight for
accounting and reporting functions of the public charter school;
e) Processes to facilitate an annual review of such system by
both the public charter school and the District.
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:
a) Projected PERS contributions;
b) Computer and technology support costs;
c) Transportation costs, if applicable;
d) Teaching salaries and other personnel compensation; and
e) Projected facilities costs, including utilities, repairs, and rent
3. 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
I. Governance and Facilities
- A copy of all applicable of all applicable occupancy permits and health and safety approvals relating to the public charter school's facilities; and
- 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.
J. Policies and Procedures
1. Copies of policies or procedures of the public charter school with
a) Admission policies and application procedures, which shall
describe the equitable lottery process referred to in
b) Academic standards for students.
c) Meeting the needs of students who are not successful in the
d) Transcripting of credits;
e) 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
f) Dispensing of medication to students who are in need of regular
medication during school hours;
g) Handling of disciplinary referrals and how such referrals will
impact student promotion and advancement;
h) Reviewing and selecting instructional materials;
i) Soliciting, advertising, and fundraising by nonschool groups;
j) Field trips;
k) Student promotion and retention;
l) Diplomas and graduation, and participation in graduation
exercises, if applicable;
m) Complaints from students, parents, and the public;
n) Visitors; and
o) Staff discipline, suspension, and dismissal.
2. Copies of any of the following policies or procedures that the public
charter school intends to adopt relating to:
a) Student publications; or
b) Staff, parent, and student vehicle parking and use.
K. Other schools operated by applicant
- If applicant operates any other school, whether public or private, that demonstrates improvement in student academic performance in such school over time (both individual and program/grade level);
- If applicant operates any other public charter school, copies of municipal audits for such school;
- Explanation of the legal relationship between the public charter school and any other school, whether public or private, if applicable, and copies of any contracts or legal documents that create or describe the relationship between the entities;
- If an applicant is operating any other public charter school or private school, proof that the applicant has established a separate Oregon nonprofit corporation, legally independent of any other school, to operate the public charter school;
- If applicant operates another school, whether public or private, documentation and a description of how long most students typically remain in the school, student improvement in academic performance, disciplinary referrals, juvenile interventions, and any other disciplinary issues of students in the program; and
- If applicant operates another public charter school, copies of program reviews of such school conducted by other school districts.
L. Other Information
- Any other information the District or its representatives considers relevant to the formation or operation of the public charter school.
IV. Proposal Review Process
A. The Superintendent may appoint an advisory committee to review public charter
school proposals and submit a recommendation to the Board. The committee
will consist of District representatives and may include community members
and other individuals as the Superintendent deems appropriate.
B. The District's review of the proposal will be in accordance with ORS 338.055
and other applicable law.
C. Within 15 business days of receipt of a written proposal, the district will notify the
applicant as to the completeness of the proposal. Proposals that minimally
address or leave out any of the required components are not complete and
may be returned to the applicant.
D. The Board must evaluate a proposal in good faith using the criteria established
by ORS 338.055(2). In connection with the Board's evaluation of the proposal,
whether the value of the public charter school is outweighed by any directly
identifiable, significant and adverse impact on the quality of the public education
of students residing in the District. A "directly identifiable, significant and adverse
impact" is defined as an adverse loss or reduction in staff, student, program or
funds that may reduce the quality of existing District educational programs. This
may include, but is not limited to, consideration of the following current data as
compared to similar data from preceding years:
- Student enrollment;
- Student teacher ratio;
- Staffing with appropriately licensed or endorsed personnel;
- Student learning and performance;
- Specialty programs or activities such as music, physical education, foreign language, talented and gifted and English as a Second Language;
- Revenue; and
- Expenditure for maintenance and upkeep of District facilities.
V. Charter Agreement
A. Upon Board approval of the proposal, the Board will become the sponsor of the
public charter school, subject to District and the applicant executing a mutually
acceptable written charter agreement.
B. It is the intent of the Board that the charter agreement be detailed and specific
to protect the mutual interests of the public charter school and the District. The
agreement shall incorporate the elements of the approved proposal and will
address additional matters, statutes and rules not fully covered by law or the
proposal that shall apply to the public charter school including, but not limited to,
2. Sexual harassment (ORS 342.700, 342.704);
3. Pregnant and parenting students (ORS 336.640);
4. Special English classes for certain children (ORS 336.079);
5. Student conduct (ORS 339.250);
6. Alcohol and drug abuse program (ORS 336.222);
7. Student records (ORS 326.565);
8. Oregon Report Card (ORS 329.115);
9. Recovery of costs associated with property damage (ORS 339.270) and
withholding records until property damage or fees are paid (ORS 339.260);
10.Use of school facilities (ORS 332.172).
C. The terms of the charter agreement may include, but are not limited to, the terms
and conditions of employment of teachers, administrators, and staff of the public
charter school, including without limitation, the following:
1. Salary, benefit, an leave;
2. Discipline and dismissal procedures;
3. Arrangements to ensure that 50 percent of the total full-time equivalent
teaching and administrative staff are licensed; and
4. Hiring practices and evaluation procedures.
D. The public charter school shall obtain performance bonding or insurance
sufficient to reasonable protect the District. Proof of insurance shall be
submitted to the District prior to the date the public charter school begins
operation. The minimum insurance each public charter school shall maintain
is as follows:
1. Insurance Requirements: 1
a) Commercial General Liability Insurance in an amount of not less
than $3,000,000 combined single limit per occurrence/
$5,000,000 general annual aggregate covering the public
charter school, the governing board, employees and volunteers
against liability for personal injury, bodily injury, death, damage
to property, including the loss of use thereof, contractual liability,
advertisers' liability, employee benefits liability, professional
liability, medical payment, and teachers' liability:
b) Liability Insurance for Directors and Officers in an amount not
less than $1,000,000 each loss/$1,000,000 each policy year
covering the public charter school, the governing board,
employees and volunteers against liability arising out of wrongful acts and employment practices. Continuous "claims made"
coverage will be acceptable, provided the retroactive date is on
the effective date of the charter;
c) Automobile Liability Insurance in an amount not less than
$2,000,000 combined single limit covering the public charter
school, the governing board, employees and volunteers
against liability for damages because of bodily injury, death
or damage to property, including the loss of use thereof arising
out of the ownership, operation, maintenance or use of an
automobile. The will include underinsured motorist coverage at
the limits equal to bodily injury limits:
d) Workers' Compensation Insurance shall also be maintained
pursuant to Oregon laws (ORS Chapter 656). Employers' liability
insurance with limits of $100,000 each accident, $100,000
disease each employee and $500,000 each policy limit;
e) Employee Dishonesty Insurance covering all employees and
volunteers. The policy must carry limits of no less than
$100,000. Coverage must include faithful performance and
loss of moneys and securities; and
f) Property Insurance shall be required on all owned or leases
buildings or equipment. The insurance shall be written to cover
the full replacement cost of the building and/or equipment on an
"all risk direct physical loss basis; including earthquake and
2. Additional requirements:
a) The District shall be an additional insured on the public charter
school's commercial general and automobile liability insurance
policies. The policies shall provide for a 30-day written notice of
cancellation or material change.
b) The public charter school shall also hold harmless, indemnify,
and defend the District and its Board members, officers,
employees, and agents from and against any and all liabilities,
injuries, damages, fees, costs, expenses, attorney fees,
demands, grievances, losses, or claims arising out of or in any
way related to the operations, activities, or condition of the
public charter school, any debt or contractual obligation of the
public charter school, and any negligence or wrongful act or
omission of any public charter school director, officer, employee,
c) The District shall be loss payee on the property insurance if the
public charter school leases any real or personal property from
the District; and
d) The coverage provided and the insurance carriers must be
acceptable to the District.
D. If an applicant has not secured a facility at the time the charter agreement is
executed, the charter agreement shall specifically provide that the effectiveness
of the charter agreement is expressly conditioned upon applicant's ability to
secure, at least 30 days prior to the intended date for applicant to begin
operation of the public charter school, a suitable facility, occupancy and safety
permits, and insurance policies with minimum coverage required by the District.
In the event applicant ails to secure such facility, occupancy and safety permits,
and insurance on or before such date, the without further action of either party,
the charter agreement shall be immediately null and void ab initio. Thereafter, if
applicant desires to operate the public charter school, the applicant must submit
a new written proposal to the District with respect to the public charter school.
VII. Financial Statements. At a minimum, the public charter school shall submit to the
District quarterly financial statements that reflect the public charter school's financial
operations. Such financial reports shall, at a minimum include a balance sheet and
income statement for the public charter school for the most recent quarter ended.
VIII. Virtual Public Charter Schools. An applicant seeking to establish a virtual public
charter school shall comply with all application requirements of Chapter 691, Oregon
Laws 2009, and all other relevant laws. In addition, a virtual public charter school shall
comply with all other requirement of Chapter 691, Oregon Laws 2009, and all other
IX. Charter School Renewal. The District and the public charter school shall follow the
following timeline set forth in ORS 338.065(4) unless a different timeline is agreed
upon by the District and the public charter school. In any event, the public charter
school shall submit a written renewal request to the Board for consideration for renewal
at least 180 days prior to, but no earlier than 210 days before the expiration of the
X. District Immunity. With respect to renewal of a private charter school, the District,
members of the Board and employees of the District are immune from civil liability with
respect to the public charger school's operations and activities.
 Insurance requirements for individual public charter schools may vary and should be reviewed by legal counsel and an insurance representative of the District.