Current through Register Vol. 63, No. 9, September 1, 2024
(1) As used in this rule:
(a) "Written notice" means written notice
that is mailed, faxed, e-mailed or personally delivered by the party required
to provide the written notice.
(b)
"Primary physical address of the public charter school" means the physical
location of the public charter school campus located within the boundaries of
the sponsoring district or the district in which the public charter school
originally applied under ORS
338.045.
(c) "School" means a physical location that
is owned, leased, or otherwise used by the public charter school where students
receive instruction or educational services. As used in this rule, "school" or
"tutoring or testing facility" does not include the student's home.
(2)
(a) For public charter schools sponsored by a
school district that establish schools or testing or tutoring facilities that
are not located at the primary physical address of the charter school, the
district shall retain all responsibility assigned to a sponsor by ORS Chapter
338 and OAR 581-026-0005 to 0515.
(b) Except as provided in subsection (2)(a)
of this rule, if a public charter school is sponsored by the State Board of
Education, the district in which the primary physical address of the public
charter school is located shall retain the responsibilities assigned to a
district by ORS 338.155 to
338.165 and described in a
contract between the district and the public charter school.
(3) The public charter school must
maintain student records, board records, employment records, and other school
records at the primary physical address of the public charter school.
(4) The board of a school district that is
not the sponsoring school district of the public charter school may file a
complaint with the Superintendent of Public Instruction pursuant to Ch. 163, OL
2023 against the public charter school if:
(a)
The public charter school opens or operates a school or tutoring or testing
facility within the boundaries of that district; and
(b) The public charter school did not comply
with the provisions of Ch. 163, OL 2023.
(5) The complaint must be in writing and may
be delivered by mail, fax or e-mail or by personally delivering a copy to the
Superintendent of Public Instruction and must contain:
(a) The name of the school district making
the complaint;
(b) The name and
contact information of a member of the board or district staff person who will
act as primary contact for the complaint;
(c) The name of the public charter school
operating the school or tutoring or testing facility;
(d) The primary physical address of the
public charter school operating the school or tutoring or testing
facility;
(e) The physical address
of the school or tutoring or testing facility being operated by the public
charter school in the offended district; and
(f) A brief statement explaining the facts
underlying the complaint.
(6) The school district board must provide
written notice of the complaint by mail, fax, e-mail or personal delivery to
the public charter school and the sponsoring district on the same date the
complaint is provided to the superintendent.
(7) Upon receipt of the complaint the
superintendent shall schedule a contested case hearing pursuant to ORS
183.413 to
183.470.
(8) Upon a finding that the public charter
school has not complied with the provisions of Ch. 163, OL 2023
(a) The superintendent may withhold SSF
moneys due to the public charter school under ORS
338.155.
(b) If the superintendent withholds moneys
pursuant to paragraph (a) of this subsection, the superintendent shall withhold
the moneys until the charter school governing body is in compliance or other
date determined by the superintendent.
Statutory/Other Authority: ORS
338.025
Statutes/Other Implemented: ORS
332.158 & ch.
338
