Oregon

Oregon law does not place any caps on charter school growth. However, the law provides that if more than 3% of students residing in a district are enrolled in virtual charter schools not sponsored by that district, any additional resident students must receive approval from the district before enrolling in a virtual charter school. The law provides for a state appeal if the district does not give approval in such cases.

Oregon law allows new start-ups and public school conversions.

Oregon law provides that local school boards are the only authorizers of first resort. If a local school board denies a proposal, an applicant may appeal the decision of the local school board to the state board of education or submit a proposal to an institution of higher education. If one of these entitiesthe state board approves the application, it becomes the authorizer.

Oregon law includes a small number of the model law's provisions for authorizer and overall program accountability.While the law does not require the legislature and governor to regularly review the performance of the state board of education as an authorizer, they can do so at any time. In addition, the ability of the state board of education to continue authorizing can be removed by the legislature and governor (the entities that gave it that authority).

Oregon law includes a small number of the model law's provisions regarding adequate authorizer funding. Oregon law allows authorizers to retain a significant portion of charter school per-pupil funding, typically 20% for K-8 schools and 5% for high schools. The law does not mandate that these retained funds be spent on oversight.

Oregon law sets forth a non-exclusive list of general requirements for the minimum content of charter school proposals and explicitly permits local school boards to require additional relevant information. The law includes additional application elements specific to conversion schools.
As part of the criteria that local school boards must use to evaluate a proposal, the law requires them to examine the prior history, if any, of the applicant in operating a public charter school or in providing educational services.

The law requires a public hearing but not an in-person interview as part of the application review process.

The law requires authorizers to make charter approval and denial decisions in an open meeting and to state reasons for denial in writing.

Oregon law requires the execution of a legally binding “charter” that is separate from the charter proposal. It provides that the charter is based on the proposal, but that the authorizer and the charter governing body may agree to change or exclude elements in developing the charter.
Oregon law provides that an initial charter term may not exceed five years.

Oregon law requires each public charter school to report to its authorizer and the state board of education at least annually on the performance of the school and its students and on the school’s legal compliance.
The law requires charter schools to have sound financial management systems, including a budget and accounting system that is compatible with the authorizing district and meets requirements of the uniform budget and accounting system adopted by the state board of education. It also requires each charter school to have an annual financial audit prepared in accordance with the Municipal Audit Law, which must be submitted to the authorizer, the state board of education, and the state department of education.

Oregon law requires each authorizer or authorizer’s designee to visit the charter school at least annually to review the school’s compliance with the terms of its charter.

If the grounds for termination of a charter contract include failure to maintain a sound financial management system, the law allows the authorizer and the school to agree to develop a plan to correct deficiencies. The law allows the authorizer to withhold up to 50 percent of the moneys owed to the public charter school while the public charter school is on the plan to correct deficiencies unless the withholding would create an undue hardship, as determined pursuant to rules of the state board of education.

Oregon law provides that charter schools seeking renewal must submit a renewal request to their authorizer and that the authorizer must hold a public hearing and then either grant or deny the renewal within a specified timeline after the public hearing. The law and regulations specify a timeline for the renewal decision-making process but also allow a charter school and authorizer to agree to a different timeline.
The law and regulations state the general criteria upon which authorizers are to base renewal, non-renewal, and revocation decisions. Regulations require authorizers to base renewal evaluation primarily on review of charter school annual performance reports, annual audits, annual site visits and review, and any other information mutually agreed upon.

Oregon law provides that the first renewal of a charter must be for the same duration as the initial charter and that subsequent renewals must be for a minimum of five years but may not exceed 10 years.

Regulations provide for a public hearing prior to a renewal or non-renewal decision. In the event of a non-renewal decision, regulations allow the school to submit a revised renewal request and appeal to the state board of education. They also require an authorizer to state in writing the reasons for non-renewal, and make renewal, non-renewal and revocation decisions subject to open-meetings requirements.

Oregon law requires an authorizer to provide at least 60 days notice to a charter school prior to revocation of a charter (which can be waived in case of an emergency), provide a public hearing upon request of the school, and state in writing the reasons for revocation. It also allows a charter school to appeal a revocation decision to the state board of education.

Regulations state generally how the assets of a closed charter school shall be distributed. However, they do not require authorizers to have school closure protocols as recommended in the model law.

Oregon law provides that if a charter school chooses to contract with a for-profit management organization, the school must maintain a right of control over the contractor and provide procedural safeguards to affected members of the public in relation to those aspects of the school’s operations that constitute the governmental function of providing a public education. The law does not contain similar requirements for schools that contract with non-profit providers.
As part of the criteria that local school boards must use to evaluate a proposal, the law requires them to examine the prior history, if any, of the applicant in operating a public charter school or in providing educational services.

For charter schools approved by higher education institutions or for virtual charter schools that contract with a third party entity, the law includes conflict-of-interest provisions.

For virtual charter schools, the law prohibits any third party entity employees from serving on the school board and requires that school boards have access to ESP records and expenditures (including any profit margins) and prohibits any ESP employee from serving as a teacher in the charter school (and thus all teachers in a charter school are employees of that school and subject to criminal background requirements).

The aforementioned provisions do not apply to the rest of Oregon’s charter schools that may contract with an ESP.

Oregon law explicitly provides for fiscal and legal autonomy and requires each charter school to be established as a nonprofit corporation with its own governing board.

Conversion schools are only open to those in the district, and as space allows to nonresidents.
The law requires all charter schools to comply with state and federal anti-discrimination laws. The law provides that a public charter school may not limit student enrollment based on gender identity. The law provides that “historically underserved students” can be defined as students who are at risk because of gender identity.
The law indicates that a preference for prior-year students may occur, but it is not required. The law is also silent on conversion school preferences.
For non-virtual charter schools, the law gives charter school enrollment preference to students residing in the district where the charter school is or will be located. If the number of applications from resident students exceeds the school’s capacity, the law requires an equitable lottery to select students. If space permits, non-resident students may enroll.
The law states that if more than 3% of students residing in a district are enrolled in virtual charter schools not sponsored by that district, any additional resident students must receive approval from the district before enrolling in a virtual charter school. The law provides for a state appeal if the district does not give approval in such cases.
The law allows limited enrollment preferences for previously enrolled students in conversions and, after a new-start school’s first year, for prior-year students and for siblings.
The law provides that a public charter school may give priority for admission to students who reside within the attendance boundaries that were in effect at the time a school district closed a non-chartered public school if the public charter school began to operate not more than two years after the non- chartered public school was closed, the school district that closed the non-chartered public school is the sponsor of the public charter school, the public charter school is physically located within the attendance boundaries of the closed non-chartered public school, and the school district board, through board action, approved the public charter school giving priority.
The law allows a public charter school to implement a weighted lottery that favors historically underserved students.
The law allows a public charter school to give priority for admission to students who were enrolled in a public preschool or prekindergarten program operated by the public charter school or students who are at risk because the student has an economic or academic disadvantage that requires special services or assistance, including students who are from economically disadvantaged families, are identified as having special educational needs, are limited in proficiency in the English language, are at risk of dropping out of high school, or do not meet minimum standards of academic proficiency.

Oregon law provides that charter schools are automatically exempt from statutes and rules that apply only to school districts and district schools, except as provided for in the charter law and the school’s charter.
Oregon law provides that at least one-half of a charter school’s teachers must be licensed by the Teacher Standards and Practices Commission (TSPC) and that the non-licensed staff must be registered by TSPC.

Collective bargaining is required for non-charter public school teachers in Oregon and must cover wages, insurance and fringe benefits, pension and retirement benefits, hours, prep periods, terms and conditions of employment, leave, layoffs, and grievance procedures. In addition, Oregon permits the length of school year, class load or size, extracurricular activities, and evaluations to be bargained. No items are expressly excluded from bargaining.Oregon law provides that charter schools are exempt from district collective bargaining agreements and personnel policies, though they may participate in a district bargaining unit by choice or organize separately.
Prior to the Supreme Court’s ruling in Janus v. AFSCME, Oregon allowed mandatory agency fees. The Supreme Court decision renders that state law unconstitutional. No reactive laws have been enacted.
Organizations may be certified directly by public employers to be exclusive representatives. The Employment Relations Board resolves any questions of representation. If a question of representation exists, the board shall investigate and conduct a hearing on a petition from a labor organization with at least 30 percent support, a labor organization alleging at least 30 percent of employees desire alternative representation, a public employer with one or more petitions for representation, or an employee or group of employees asserting at least 30 percent of employees desire other representation. If the board finds majority support, they may certify a representative without an election. No elections are allowed within a 12-month period or during an active agreement, unless the board rules that an election is necessary due to unusual circumstance or representation instability. The attorneys from Janus have threatened further litigation in Oregon suggesting an upcoming challenge to extant union membership and dues agreements, arguing that Janus obviated any prior authorizations that employees may have consented to.

Oregon law is silent regarding these arrangements.

Oregon law provides charter school students with access to extracurricular and interscholastic activities at non-charter public schools.Oregon law is silent regarding charter eligibility and access.

Oregon law provides that responsibility for providing special education services resides with the school district in which a charter school is located. The law provides clarity regarding how special education funding is determined for public charter schools. It also provides that the district of location is eligible to receive high-cost disabilities grants for charter school students from the state as provided by state law.

Oregon law provides that per-pupil funding for charter schools is 80% of the weighted Average Daily Maintenance (ADMw) funding formula for students in grades K-8 and 95% of ADMw for students in grades 9-12. The ADMw formula assumes that a charter school serves the same percentage of students in poverty as the district in which it is located.
Oregon law provides that special education funds go to the LEA of residence and establishes the minimum percentages of funds the resident district provides to the charter school.

In a national study of charter school funding (University of Arkansas, Charter School Funding: Inequity Expands, 2014), Oregon charter schools were receiving on average $5,835 per pupil in public funds, while traditional public schools would have received $9,843 for those students. As a result, the state's charter schools were receiving $4,008 per pupil - or 40.7% - less than what the traditional public schools would have received for those students. This figure includes all sources of funding, and analysis reveals significant continued inequities for both operational and capital funding (see component #19 for information on capital issues).

Upon written request from a developing or operating charter school, school districts and other public bodies must list vacant or unused buildings or portions of buildings suitable for charter school use. Building owners have no obligation to sell or lease facilities to charter school operators. Oregon law provides that charter schools are eligible for bonds from the Oregon Facilities Authority.

Oregon law provides that all charter school employees must participate in the state retirement system.

Oregon law includes a small number of the model law’s provisions regarding full-time virtual charter schools. Oregon law and includes some additional requirements for full-time virtual charter schools, covering things like record keeping, requirements if contracting with an ESP, and the provision of equipment, teachers, and other program services. The law also requires the inclusion of performance criteria the school must use to measure obtainment of academic performance goals and that the school must also monitor and track student progress and attendance.