Statutes & Rules

ONLINE RESOURCES

• Orschapter338 – Oregon statute : Chapter 338 Public Charter Schools https://www.oregonlegislature.gov/bills_laws/ors/ors338.html

• Rules that go with the statute:
  • OAR chapter 581-026 : https://secure.sos.state.or.us/oard/viewSingleRule.action?ruleVrsnRsn=145764

Charter School Flexibility

338.115 Applicability of laws; restrictions; powers; student diplomas and alternative certificates. (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 English 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, 339.372, 339.388 and 339.400 (reporting of abuse and sexual conduct and training on prevention and identification of abuse and sexual conduct);

(t) ORS 342.856 (core teaching standards);

(u) ORS chapter 657 (Employment Department Law);

(v) ORS 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 section 5, Article I of the Oregon Constitution, or be religion based.