ORS 338.115¹
Applicability of laws
  • restrictions
  • powers
  • student diplomas and alternative certificates

(1) Statutes and rules that apply 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 192.410 (Definitions for ORS 192.410 to 192.505) to 192.505 (Exempt and nonexempt public record to be separated) (public records law);

(c) ORS 192.610 (Definitions for ORS 192.610 to 192.690) to 192.690 (Exceptions to ORS 192.610 to 192.690) (public meetings law);

(d) ORS 297.405 (Definitions for ORS 297.020, 297.230, 297.405 to 297.740 and 297.990) to 297.555 (Short title) and 297.990 (Penalties) (Municipal Audit Law);

(e) ORS 181.534 (Criminal records check), 326.603 (Authority of school districts and schools to obtain fingerprints and criminal records check of employees and contractors), 326.607 (Authority of school districts and schools to obtain criminal records check of volunteers and applicants for employment), 342.223 (Criminal records check) and 342.232 (Employment pending result of check) (criminal records checks);

(f) ORS 337.150 (School board and charter school duty to provide textbooks) (textbooks);

(g) ORS 339.141 (Tuition prohibited for regular school program), 339.147 (When tuition authorized) and 339.155 (Prohibitions of certain fees as condition of admission) (tuition and fees);

(h) ORS 659.850 (Discrimination in education prohibited), 659.855 (Sanctions for noncompliance with discrimination prohibitions) and 659.860 (Enforcement of ORS 659.850) (discrimination);

(i) ORS 30.260 (Definitions for ORS 30.260 to 30.300) to 30.300 (ORS 30.260 to 30.300 exclusive) (tort claims);

(j) Health and safety statutes and rules;

(k) Any statute or rule that is listed in the charter;

(L) The statewide assessment system developed by the Department of Education for mathematics, science and English under ORS 329.485 (Statewide assessment system) (2);

(m) ORS 329.045 (Revision of Common Curriculum Goals, performance indicators, diploma requirements, Essential Learning Skills and academic content standards) (academic content standards and instruction);

(n) Any statute or rule that establishes requirements for instructional time provided by a school during each day or during a year;

(o) ORS 339.250 (Duty of student to comply with rules) (12) (prohibition on infliction of corporal punishment);

(p) ORS 339.370 (Definitions for ORS 339.372, 339.375 and 339.377), 339.372 (Policies of school boards on reporting of child abuse), 339.375 (Report of child abuse by school employees) and 339.377 (Training on prevention and identification) (reporting of child abuse and training on prevention and identification of child abuse);

(q) ORS 329.451 (High school diploma) (diploma, modified diploma and alternative certificate);

(r) ORS chapter 657 (Employment Department Law); and

(s) This chapter.

(2) Notwithstanding subsection (1) of this section, a charter may specify that statutes and rules that apply 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 section 5, Article I of the Oregon Constitution, or be religion based.

(5) A public charter school shall maintain an active enrollment of at least 25 students.

(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, state institution of higher education, 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, modified diploma or alternative certificate to any public charter school student who meets the district’s and state’s standards for a high school diploma, modified diploma or alternative certificate.

(12) A high school diploma, modified diploma or alternative certificate issued by a public charter school grants to the holder the same rights and privileges as a high school diploma, modified diploma or 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. [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.858 §33]

Note 1: The amendments to 338.115 (Applicability of laws) by section 17, chapter 660, Oregon Laws 2007, and section 33, chapter 858, Oregon Laws 2007, first apply to the 2008-2009 school year. See section 17, chapter 660, Oregon Laws 2007, and section 41, chapter 858, Oregon Laws 2007. The text that applies prior to the 2008-2009 school year, including amendments by section 6, chapter 35, Oregon Laws 2007, section 3, chapter 256, Oregon Laws 2007, section 3, chapter 501, Oregon Laws 2007, and section 5, chapter 575, Oregon Laws 2007, is set forth for the user’s convenience.

338.115 (Applicability of laws). (1) Statutes and rules that apply 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 192.410 (Definitions for ORS 192.410 to 192.505) to 192.505 (Exempt and nonexempt public record to be separated) (public records law);

(c) ORS 192.610 (Definitions for ORS 192.610 to 192.690) to 192.690 (Exceptions to ORS 192.610 to 192.690) (public meetings law);

(d) ORS 297.405 (Definitions for ORS 297.020, 297.230, 297.405 to 297.740 and 297.990) to 297.555 (Short title) and 297.990 (Penalties) (Municipal Audit Law);

(e) ORS 181.534 (Criminal records check), 326.603 (Authority of school districts and schools to obtain fingerprints and criminal records check of employees and contractors), 326.607 (Authority of school districts and schools to obtain criminal records check of volunteers and applicants for employment), 342.223 (Criminal records check) and 342.232 (Employment pending result of check) (criminal records checks);

(f) ORS 337.150 (School board and charter school duty to provide textbooks) (textbooks);

(g) ORS 339.141 (Tuition prohibited for regular school program), 339.147 (When tuition authorized) and 339.155 (Prohibitions of certain fees as condition of admission) (tuition and fees);

(h) ORS 659.850 (Discrimination in education prohibited), 659.855 (Sanctions for noncompliance with discrimination prohibitions) and 659.860 (Enforcement of ORS 659.850) (discrimination);

(i) ORS 30.260 (Definitions for ORS 30.260 to 30.300) to 30.300 (ORS 30.260 to 30.300 exclusive) (tort claims);

(j) Health and safety statutes and rules;

(k) Any statute or rule that is listed in the charter;

(L) The statewide assessment system developed by the Department of Education for mathematics, science and English under ORS 329.485 (Statewide assessment system) (1);

(m) ORS 329.045 (Revision of Common Curriculum Goals, performance indicators, diploma requirements, Essential Learning Skills and academic content standards) (academic content standards and instruction);

(n) Any statute or rule that establishes requirements for instructional time provided by a school during each day or during a year;

(o) ORS 339.250 (Duty of student to comply with rules) (12) (prohibition on infliction of corporal punishment);

(p) ORS 339.370 (Definitions for ORS 339.372, 339.375 and 339.377), 339.372 (Policies of school boards on reporting of child abuse), 339.375 (Report of child abuse by school employees) and 339.377 (Training on prevention and identification) (reporting of child abuse and training on prevention and identification of child abuse);

(q) ORS chapter 657 (Employment Department Law); and

(r) This chapter.

(2) Notwithstanding subsection (1) of this section, a charter may specify that statutes and rules that apply 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 section 5, Article I of the Oregon Constitution, or be religion based.

(5) A public charter school shall maintain an active enrollment of at least 25 students.

(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, state institution of higher education, 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, certificate, Certificate of Initial Mastery or Certificate of Advanced Mastery to any public charter school student who meets the district’s and state’s standards for a high school diploma, certificate, Certificate of Initial Mastery or Certificate of Advanced Mastery. If the school district offers a Certificate of Initial Mastery subject area endorsement to students who attend school in the district, then the school district shall offer the endorsement to any public charter school student who meets the district’s and state’s standards for the endorsement.

(12) A high school diploma, certificate, Certificate of Initial Mastery, Certificate of Initial Mastery subject area endorsement or Certificate of Advanced Mastery issued by a public charter school grants to the holder the same rights and privileges as a high school diploma, certificate, Certificate of Initial Mastery, Certificate of Initial Mastery subject area endorsement or Certificate of Advanced Mastery 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.

Note 2: The amendments to 338.115 (Applicability of laws) by section 7, chapter 839, Oregon Laws 2007, become operative July 1, 2017, and first apply to the 2017-2018 school year. See section 9, chapter 839, Oregon Laws 2007. The text that is operative on and after July 1, 2017, is set forth for the user’s convenience.

338.115 (Applicability of laws). (1) Statutes and rules that apply 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 192.410 (Definitions for ORS 192.410 to 192.505) to 192.505 (Exempt and nonexempt public record to be separated) (public records law);

(c) ORS 192.610 (Definitions for ORS 192.610 to 192.690) to 192.690 (Exceptions to ORS 192.610 to 192.690) (public meetings law);

(d) ORS 297.405 (Definitions for ORS 297.020, 297.230, 297.405 to 297.740 and 297.990) to 297.555 (Short title) and 297.990 (Penalties) (Municipal Audit Law);

(e) ORS 181.534 (Criminal records check), 326.603 (Authority of school districts and schools to obtain fingerprints and criminal records check of employees and contractors), 326.607 (Authority of school districts and schools to obtain criminal records check of volunteers and applicants for employment), 342.223 (Criminal records check) and 342.232 (Employment pending result of check) (criminal records checks);

(f) ORS 337.150 (School board and charter school duty to provide textbooks) (textbooks);

(g) ORS 339.141 (Tuition prohibited for regular school program), 339.147 (When tuition authorized) and 339.155 (Prohibitions of certain fees as condition of admission) (tuition and fees);

(h) ORS 659.850 (Discrimination in education prohibited), 659.855 (Sanctions for noncompliance with discrimination prohibitions) and 659.860 (Enforcement of ORS 659.850) (discrimination);

(i) ORS 30.260 (Definitions for ORS 30.260 to 30.300) to 30.300 (ORS 30.260 to 30.300 exclusive) (tort claims);

(j) Health and safety statutes and rules;

(k) Any statute or rule that is listed in the charter;

(L) The statewide assessment system developed by the Department of Education for mathematics, science and English under ORS 329.485 (Statewide assessment system) (2);

(m) ORS 329.045 (Revision of Common Curriculum Goals, performance indicators, diploma requirements, Essential Learning Skills and academic content standards) (academic content standards and instruction);

(n) ORS 329.496 (Physical education participation) (physical education);

(o) Any statute or rule that establishes requirements for instructional time provided by a school during each day or during a year;

(p) ORS 339.250 (Duty of student to comply with rules) (12) (prohibition on infliction of corporal punishment);

(q) ORS 339.370 (Definitions for ORS 339.372, 339.375 and 339.377), 339.372 (Policies of school boards on reporting of child abuse), 339.375 (Report of child abuse by school employees) and 339.377 (Training on prevention and identification) (reporting of child abuse and training on prevention and identification of child abuse);

(r) ORS 329.451 (High school diploma) (diploma, modified diploma and alternative certificate);

(s) ORS chapter 657 (Employment Department Law); and

(t) This chapter.

(2) Notwithstanding subsection (1) of this section, a charter may specify that statutes and rules that apply 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 section 5, Article I of the Oregon Constitution, or be religion based.

(5) A public charter school shall maintain an active enrollment of at least 25 students.

(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, state institution of higher education, 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, modified diploma or alternative certificate to any public charter school student who meets the district’s and state’s standards for a high school diploma, modified diploma or alternative certificate.

(12) A high school diploma, modified diploma or alternative certificate issued by a public charter school grants to the holder the same rights and privileges as a high school diploma, modified diploma or 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.

Atty. Gen. Opinions

Ability of charter school to contract opera­tions to private, for-profit entity, (2000) Vol 49, p 254

Law Review Cita­tions

36 WLR 265 (2000)

Chapter 338

Atty. Gen. Opinions

Ability of charter school to contract opera­tions to private, for-profit entity, (2000) Vol 49, p 254

Law Review Cita­tions

36 WLR 265 (2000)

1 Legislative Counsel Committee, CHAPTER 338—Public Charter Schools, https://­www.­oregonlegislature.­gov/­bills_laws/­Archive/­2007ors338.­pdf (2007) (last ac­cessed Feb. 12, 2009).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2007, Chapter 338, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­338ano.­htm (2007) (last ac­cessed Feb. 12, 2009).
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent. Currency Information