Oregon Statutes 338.115 – Applicability of laws; restrictions; powers; student diplomas and certificates of attendance
(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:
Terms Used In Oregon Statutes 338.115
- Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
- Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
- public body: means state government bodies, local government bodies and special government bodies. See Oregon Statutes 174.109
- Public charter school: means an elementary or secondary school offering a comprehensive instructional program operating under a written agreement entered into between a sponsor and an applicant and operating pursuant to this chapter. See Oregon Statutes 338.005
- special government body: means any of the following:
(a) A public corporation created under a statute of this state and specifically designated as a public corporation. See Oregon Statutes 174.117
- Statute: A law passed by a legislature.
- Violate: includes failure to comply. See Oregon Statutes 174.100
(a) Federal law;
(b) ORS § 30.260 to 30.300 (tort claims);
(c) ORS § 192.311 to 192.478 (public records law);
(d) ORS § 192.610 to 192.705 (public meetings law);
(e) ORS chapters 279A, 279B and 279C (Public Contracting Code);
(f) ORS § 297.405 to 297.555 and 297.990 (Municipal Audit Law);
(g) ORS § 326.565, 326.575 and 326.580 (student records);
(h) ORS § 181A.195, 326.603, 326.607 and 342.223 (criminal records checks);
(i) ORS § 329.045 (academic content standards and instruction);
(j) ORS § 329.451 (high school diploma, modified diploma, extended diploma and certificate of attendance);
(k) ORS § 329.496 (physical education);
(L) The statewide assessment system developed by the Department of Education for mathematics, science and language arts under ORS § 329.485 (2);
(m) ORS § 336.840 (use of personal electronic devices);
(n) ORS § 337.150 (textbooks);
(o) ORS § 339.119 (consideration for educational services);
(p) ORS § 339.141, 339.147 and 339.155 (tuition and fees);
(q) ORS § 339.250 (9) (prohibition on infliction of corporal punishment);
(r) ORS § 339.326 (notice concerning students subject to juvenile court petitions);
(s) ORS § 339.370 to 339.400 (reporting of suspected abuse and suspected sexual conduct);
(t) ORS § 342.856 (core teaching standards);
(u) ORS Chapter 657 (Employment Department Law);
(v) ORS § 332.505 (2), 659.850, 659.855 and 659.860 (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, or a public body, as defined in ORS § 174.109;
(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)(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, 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, 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 high school diplomas, modified diplomas, extended diplomas and certificates of attendance to any public charter school students who meet the district’s and state’s standards for a high school diploma, a modified diploma, an extended diploma or a certificate of attendance.
(12) A high school diploma, a modified diploma or an extended diploma issued by a public charter school grants to the holder the same rights and privileges as a high school diploma, a modified diploma or an extended diploma issued by a nonchartered public school. A certificate of attendance issued by a public charter school shall have the same restrictions as a certificate of attendance 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; 2023 c.202 § 5; 2023 c.243 § 2]
The amendments to 338.115 by section 5, chapter 202, Oregon Laws 2023, become operative July 1, 2024. See section 9, chapter 202, Oregon Laws 2023. The text that is operative until July 1, 2024, including amendments by section 2, chapter 243, Oregon Laws 2023, is set forth for the user’s convenience.
(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 to 30.300 (tort claims);
(c) ORS § 192.311 to 192.478 (public records law);
(d) ORS § 192.610 to 192.690 (public meetings law);
(e) ORS chapters 279A, 279B and 279C (Public Contracting Code);
(f) ORS § 297.405 to 297.555 and 297.990 (Municipal Audit Law);
(g) ORS § 326.565, 326.575 and 326.580 (student records);
(h) ORS § 181A.195, 326.603, 326.607 and 342.223 (criminal records checks);
(i) ORS § 329.045 (academic content standards and instruction);
(j) ORS § 329.451 (high school diploma, modified diploma, extended diploma and alternative certificate);
(k) ORS § 329.496 (physical education);
(L) The statewide assessment system developed by the Department of Education for mathematics, science and language arts under ORS § 329.485 (2);
(m) ORS § 336.840 (use of personal electronic devices);
(n) ORS § 337.150 (textbooks);
(o) ORS § 339.119 (consideration for educational services);
(p) ORS § 339.141, 339.147 and 339.155 (tuition and fees);
(q) ORS § 339.250 (9) (prohibition on infliction of corporal punishment);
(r) ORS § 339.326 (notice concerning students subject to juvenile court petitions);
(s) ORS § 339.370 to 339.400 (reporting of suspected abuse and suspected sexual conduct);
(t) ORS § 342.856 (core teaching standards);
(u) ORS Chapter 657 (Employment Department Law);
(v) ORS § 332.505 (2), 659.850, 659.855 and 659.860 (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, or a public body, as defined in ORS § 174.109;
(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)(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, 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, 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.
Section 9, chapter 202, Oregon Laws 2023, provides:
(1) The amendments to ORS § 329.451, 336.590, 338.115, 339.115, 339.505, 339.520 and 343.161 by sections 1 to 8 of this 2023 Act become operative July 1, 2024.
(2) Notwithstanding the operative date specified in subsection (1) of this section, a student who began ninth grade before July 1, 2020, may be awarded an alternative certificate if the student satisfies the requirements for an alternative certificate as in effect on the day before July 1, 2024. [2023 c.202 § 9]