justicedao/ipfs_state_laws huggingface dataset:
581-026-0210 Temporary rule language in effect until 06/19/2026. Annual Financial Reporting (1)(a) A public charter school required to comply with ORS 338.035(2)(a)(B) and (C) shall have an annual audit of the accounts of the public charter school prepared in accordance with the Municipal Audit Law, ORS 297.405 to 297.555 and 297.990. (b) A public charter school that meets the definitions and criteria in ORS 338.035(6)(b) (A), (B), (C) and (D), may be treated as the same legal entity as the school district and is not required to submit a separate audit. The public charter school must comply with OAR 581-026-0200 and must be included in the audit of the sponsoring district. The district audit for the public charter school must minimally include: (A) An audit of all accounts and funds associated with the public charter school; (B) A summary of significant accounting policies, cash and investments, and internal controls; and (C) A statement of activities and a balance sheet containing a summary of the assets and liabilities of the public charter school as of the closing date of the preceding annual audit period for the school. (2) After an audit, the public charter school shall forward a copy of the annual audit to the Department of Education. (3) After an audit, the public charter school shall forward the following to the sponsor: (a) A copy of the annual audit; (b) Any statements from the public charter school that show the results of all operations and transactions affecting the financial status of the public charter school during the preceding annual audit period for the school; and (c) A balance sheet containing a summary of the assets and liabilities of the public charter school as of the closing date of the preceding annual audit period for the school. Statutory/Other Authority: ORS 338.025 Statutes/Other Implemented: ORS 338.095 History: ODE 62-2025, temporary amend filed 12/19/2025, effective 12/22/2025 through 06/19/2026 ODE 19-2015, f. & cert. ef. 12-18-15 ODE 48-2014, f. & cert. ef. 12-17-14 Renumbered from 581-020-0336, ODE 10-2014, f. & cert. ef. 2-19-14 ODE 17-2011, f. 12-15-11, cert. ef. 1-1-12 ODE 11-2010, f. & cert. ef. 6-30-10
581-026-0300 Virtual Public Charter Schools (1) All statutes and rules that apply to public charter schools also apply to virtual public charter schools. In addition, virtual public charter schools must also meet additional statutory requirements found in ORS Chapter 338. (2) As used in ORS Chapter 338 and the rules of the State Board of Education, “virtual charter school” means a public charter school that provides online courses. An online course is a course in which: (a) Instruction and content are delivered primarily on a computer using the internet other electronic network or other technology such as CDs or DVDs; (b) The student and teacher are in different physical locations for a majority of the student’s instructional period while participating in the course; (c) The online instructional activities are integral to the academic program of the school as described in its charter; and (d) The student is not required to be located at the physical location of a school while participating in the course. (3) Notwithstanding subsection (2) of this rule, “virtual public charter school” does not include a public charter school that primarily serves students in a physical location. A charter school is not a virtual public charter school if the schools meet all of the following requirements: (a) More than 50 percent of the core courses offered by the school are offered at a physical location and are not online courses: (b) More than 50 percent of the total number of students attending the school are receiving instructional services at a physical location and not in an online course; and (c) More than 50 percent of the minimum number of instructional hours required to be provided to students by the school under OAR 581-022-0102 and OAR 581-022-2320 during a school year are provided at a physical location and not through an online course. (4) As used in this rule: (a) “Core course” means: (A) Language arts including reading and writing; (B) Mathematics; (C) Science: (D) Social sciences including history, civics, geography and economics (E) Physical education; (F) Health (G) The arts; (H) World languages and (I) Career and technical education (b) “Physical location” means a facility that is owned, leased or otherwise used by a school to deliver educational services. “Physical location” includes, but is not limited to, a school, library, public building or other physical space utilized by the school. “Physical location” does not include a student’s home. (c) “Public charter school” has the meaning given that term in ORS 338.005. (5) This rule does not apply to programs or courses offered by school districts, education service districts, alternative education programs or the Oregon Virtual School District. Statutory/Other Authority: ORS 338.025 Statutes/Other Implemented: ORS 338.005 History: ODE 15-2022, amend filed 03/24/2022, effective 03/24/2022 ODE 45-2020, minor correction filed 11/13/2020, effective 11/13/2020 Renumbered from 581-020-0338, ODE 10-2014, f. & cert. ef. 2-19-14 ODE 12-2010, f. & cert. ef. 6-30-10
581-026-0505 Temporary rule language in effect until 06/19/2026. Process to Appeal Decision by Sponsor to Terminate Charter (1) A public charter school governing body may request the State Board of Education review the decision to terminate a charter. The State Board of Education’s review shall be limited to the grounds for termination as stated by the school district board or sponsor or a plan to correct deficiencies. Any notice of a request for State Board review must be made in writing and be delivered to the State Board of Education and the business address of the sponsor. (2) The State Board of Education delegates to the Director of the Oregon Department of Education or the director's designee all administrative functions necessary or reasonable in order to conduct a timely review. This delegation to the Director of the Oregon Department of Education or the director's designee includes, but is not limited to: (a) Determining the form, contents, and timelines of the petition for review; (b) Determining the records required for review and ordering the production of those records from either the public charter school governing body or school district board and establishing timelines for the production of those records; (c) Requiring the public charter school governing body or school district board to respond to written or oral inquiries related to board review; (d) Delegating the review function to a hearings officer to hold a contested case hearing under ORS 183. 411 through 183.470 and issue a proposed order; and (e) Issuing a final order that may be appealed under the provisions of ORS 183.484. (3) The State Board, or its designee, will where possible, issue its final order within 60 days from the sponsor's notification of intent to terminate as required in ORS 338.105(2). If it is not possible to issue the final order within 60 days, the charter school shall remain open pending issuance of the final order. (4) The governing body of a public charter school that is closed under the provisions of ORS 338.105(4) may request the State Board of Education, or its designee, to review the decision of the sponsor to terminate the charter and close the public charter school. The State Board of Education, or its designee, will hold a hearing within 10 days of receiving the request for review. The review under this section will be accomplished under the provisions of subsection (2) of this rule and under the timelines set out in ORS 338.105(4) and, to the extent practicable, subsection (3) of this rule. Statutory/Other Authority: ORS 326.051 Statutes/Other Implemented: ORS 338.105 History: ODE 62-2025, temporary amend filed 12/19/2025, effective 12/22/2025 through 06/19/2026 ODE 48-2014, f. & cert. ef. 12-17-14 Renumbered from 581-020-0385, ODE 10-2014, f. & cert. ef. 2-19-14 ODE 19-2002, f. & cert. ef. 8-2-02
581-026-0510 Process for Charter School Governing Body to Terminate Charter and Dissolve Public Charter School The governing body of a public charter school may only terminate, dissolve or close an operating public charter school at the end of a semester. The governing body must provide the sponsor with notice of the intent to terminate the charter, and close and dissolve the public charter school, at least 180 days before the proposed date of termination, closure and dissolution. Such notice must be made in writing and be delivered to the business address of the sponsor. Statutory/Other Authority: ORS 326.051 Statutes/Other Implemented: ORS 338.105 History: Renumbered from 581-020-0390, ODE 10-2014, f. & cert. ef. 2-19-14 ODE 19-2002, f. & cert. ef. 8-2-02
581-026-0515 Temporary rule language in effect until 06/19/2026. Distribution of Assets of a Terminated or Dissolved Public Charter School (1) Assets of a terminated, closed or dissolved public charter school that were obtained with public funds will be given to the State Board of Education. The State Board of Education, at its discretion, may disburse these assets to school districts or to other public charter schools. (2) The State Board of Education delegates to the Director of the Oregon Department of Education or the director's designee all administrative functions necessary or reasonable in order to disburse the assets. This delegation to the Director of the Oregon Department of Education or the director's designee includes, but is not limited to: (a) Determining the form, process, and timelines for the disbursement; (b) Determining the records required for the disbursement; and (c) Requiring the public charter school governing body or school district board to respond to written or oral inquiries related to the closure and assets of the public charter school. (3) Assets of a terminated, closed or dissolved public charter that were obtained with grant funds will be disbursed according to the terms of the grant. If the grant is absent any reference to ownership or distribution of assets, assets of a terminated, closed or dissolved public charter school will be disbursed according to the provision set out in subsection (2) of this rule. Statutory/Other Authority: ORS 326.051 Statutes/Other Implemented: ORS 338.015 History: ODE 62-2025, temporary amend filed 12/19/2025, effective 12/22/2025 through 06/19/2026 ODE 153-2019, amend filed 12/16/2019, effective 12/16/2019 Renumbered from 581-020-0395, ODE 10-2014, f. & cert. ef. 2-19-14 ODE 19-2002, f. & cert. ef. 8-2-02
581-026-0700 Participation in District Interscholastic Activities for Students Who Attended a Public Charter School (1) A school district may not deny a student who attends a public charter school the opportunity to participate in interscholastic activities if the following requirements are met: (a) The student resides within the school district; (b) The student attends a public charter school that does not provide interscholastic activities; (c) The student meets all of the eligibility requirements in ORS 339.460; and (d) The student fulfills the same responsibilities and standards of behavior and performance, including related class or practice requirements, as other students who participate in the interscholastic activity. The student must comply with any applicable participant code of conduct for the duration of the period of participation. (2) Notwithstanding (1), for in grades 9 through 12, the following requirements must also be met: (a) The student attends a public charter school that is not a full member of the Oregon School Activities Association (OSAA); (b) The student attends a public charter school that does not participate in any activities sanctioned by OSAA; (3) As used in this section, “resides” means: the student lives within the attendance boundaries of the school district as per ORS 339.133. Statutory/Other Authority: ORS 326.051 & 338.025 Statutes/Other Implemented: ORS 339.460 History: ODE 23-2018, amend filed 06/27/2018, effective 06/28/2018 ODE 8-2018, adopt filed 03/02/2018, effective 03/03/2018
581-026-0710 District Fees for Interscholastic Activities for Students Who Attend a Public Charter School (1) A public charter school must pay a school district or school an annual fee if a student who attends a public charter school intends to participate in an interscholastic activity and if the school district or school requires payment. (a) As used in this section, “intends” means: the student is enrolled at the public charter school, has met the eligibility requirements to participate in the interscholastic activity, and has been added to the roster of the interscholastic activity. (b) The fee may not exceed five percent (5%) of the school district’s General Purpose Grant per ADMw as calculated under ORS 327.013 per fiscal year regardless of the number of interscholastic activities the student participates in. (2) Not withstanding section (1), a public charter school must pay an additional annual fee if the student who attends the public charter school is participating in an interscholastic activity which requires the student to enroll in a course for credit and if the school district or school requires payment. (a) The fee may not exceed five percent (5%) of the school district’s General Purpose Grant per ADMw as calculated under ORS 327.013 per course for credit per year; and (b) A course for credit shall be limited to secondary courses for credits towards a high school diploma. (3) Fees shall be based on the Oregon Department of Education’s most recent published State School Fund Estimates on or before August 31 of the year in which the student participates. (4) The school district and the public charter school shall enter into an agreement that at least minimally specifies: (a) The fees the public charter school must pay the school district; (b) The expectations for how the charter school will provide information related to the student’s performance and conduct to the school district. (5) The State Board of Education shall conduct a public hearing and board discussion relating to fees for interscholastic activities for students who attend a public charter school at the 2018 and 2019 June board meetings. The purpose of the public hearing will be to receive information about and consider the implementation and potential financial concerns relating to fees in ORS 339.460. Statutory/Other Authority: ORS 326.051 & 338.025 Statutes/Other Implemented: ORS 339.460 History: ODE 41-2018, amend filed 12/10/2018, effective 12/10/2018 ODE 28-2018, temporary amend filed 09/26/2018, effective 09/26/2018 through 03/24/2019 ODE 23-2018, amend filed 06/27/2018, effective 06/28/2018 ODE 8-2018, adopt filed 03/02/2018, effective 03/03/2018
581-026-1000 Temporary rule language in effect until 06/19/2026. Public Charter School Proposal Submission and Completeness (Tribal Proposal to State Board of Education) (1) A tribal applicant may submit proposals directly to the State Board of Education for consideration. (a) A tribal applicant must submit a notice of intent to apply to the State Board of Education at least 45 days prior to submitting a proposal to the State Board of Education. The notice must identify the proposed location of the charter school and the school district the tribal applicant intends to provide notice to in in paragraph (2) of this section. (b) A tribal applicant must submit a proposal at least 180 days prior to the date on which the public charter school would begin operating. (2)(a) A tribal applicant that intends to submit a proposal directly to the State Board of Education, must provide a written notice to the school district according to ORS 338.075(4)(b)(C). (b) Notice must be provided to the school district at least 30 days prior to submitting a proposal to the State Board of Education. (3) Proposals submitted by tribal applicants to the State Board shall minimally include the proposal requirements listed in ORS 338.045. If the State Board adds additional proposal requirements, it will publish these requirements by July 1 each year and provide technical assistance to interested tribal applicants. (4)(a) Upon receipt of a proposal from a tribal applicant, the State Board of Education will determine whether the proposal addresses, at least minimally, all of the required components as set out in ORS 338.045(2) and (3). Within 30 business days of the receipt of a proposal, the State Board of Education will notify the tribal applicant as to the completeness of the proposal. A proposal that included, for example, a reprinting of the charter school statutes as its response to a required component, would not minimally address that component and would not be complete. A proposal that addressed a required component based on an incorrect budget assumption or in a manner that is unsatisfactory to the State Board of Education would nonetheless be complete. (b) If the State Board of Education deems a proposal to be incomplete, the State Board of Education must identify the specific elements that are not complete and provide a reasonable opportunity to complete the proposal. (5) The State Board of Education delegates to the Director of the Oregon Department of Education or the director's designee all administrative functions necessary or reasonable in order to receive charter school proposals from tribal applicants. This delegation to the director or the director's designee includes determining the form, contents, procedures, timelines, and conducting a timely review. This delegation includes issuing a final order. An order issued by the director or the director's designee shall be considered an order in other than a contested case under ORS 183.484. Statutory/Other Authority: ORS 338.025 Statutes/Other Implemented: ORS 338.075 History: ODE 62-2025, temporary adopt filed 12/19/2025, effective 12/22/2025 through 06/19/2026
581-026-1050 Temporary rule language in effect until 06/19/2026. Public Charter School Proposal Review and Approval (Tribal Proposal to State Board of Education) (1) Within 60 days after the notification to the tribal applicant of the State Board of Education’s receipt of a completed proposal, the State Board of Education school must hold a public hearing on the proposal in accordance with Oregon public meeting laws (ORS 192.610 through 192.695, 192.710, and 192.990). (2) The State Board of Education must evaluate the proposal in good faith using the following criteria in ORS 338.055(3). (3) Within 30 days of the public hearing, the State Board of Education must either approve or deny the proposal. Written notice of the decision must be sent to the tribal applicant. Such notice must include reasons and suggestions for remediation for all proposals that are denied. The State Board of Education may provide a reasonable opportunity to resubmit the proposal. (4) A tribal applicant may amend and resubmit the proposal to the State Board of Education. (5) The State Board of Education must approve or disapprove the resubmitted proposal within 30 days of receipt. (6) The State Board of Education may extend timelines when needed to accommodate the State Board of Education’s schedule of meetings. (7) The State Board of Education delegates to the Director of the Oregon Department of Education or the director's designee all administrative functions necessary or reasonable in order to conduct a timely review. This delegation includes issuing a final order. An order issued by the director or the director's designee shall be considered an order in other than a contested case under ORS 183.484. Statutory/Other Authority: ORS 338.025 Statutes/Other Implemented: ORS 338.075 History: ODE 62-2025, temporary adopt filed 12/19/2025, effective 12/22/2025 through 06/19/2026
581-027-0023 Submission of Facility Assessments and Long-Range Facility Plans as part of Oregon School Capital Improvement Matching Program Grant Application (1) In order to qualify for an OSCIM Program matching grant, Districts must submit a Facility Assessment and Long-Range Facility Plan as part of their OSCIM Program application. Failure to submit a Facility Assessment and Long-Range Facility Plan will disqualify the District from participation in the OSCIM Program application for that Funding Cycle. (2) Districts shall submit their Facility Assessment and Long-Range Facility Plan as follows: (a) On the July 1 that precedes the November Funding Cycles in a biennium; and (b) On the December 1 that precedes the May Funding Cycles in a biennium. (3) The Facility Assessment and Long-Range Facility Plan must be submitted electronically to the Department. (4) The Department will review all Facility Assessment and Long-Range Facility Plan submissions to ensure compliance with requirements. (5) If the Department determines a District’s submission does not meet the requirements, the Department will notify the District of the deficiencies. (6) The Department may agree to an extension of time, but no more than sixty (60) days from the deadline for OSCIM Program application submission, for the District to correct the deficiencies. (7) If a District fails to make the corrections within the agreed upon time, the Department will cancel the District’s application and readjust the pre-election commitments made. (8) The Facility Assessment must meet the following requirements: (a) Comply with the standards set forth in OAR 581-027-0035 or be completed as part of the Statewide School Facility Assessment program. (b) Cover buildings that will be included in the OSCIM Program grant application. A District may include Facility Assessments for more buildings than would be improved using OSCIM Program funds; and (c) Cover a District’s current buildings even if the District is applying for the OSCIM Program only for the construction of a new building. (9) The Long-Range Facility Plan must meet the following requirements: (a) Comply with the standards set forth in OAR 581-027-0040; and (b) Demonstrate how the new buildings proposed to be built are integrated into the Long-Range Facility Plan. (10) Districts are not required to use a Certified Assessor to complete the Facility Assessment or the Long-Range Facility Plan. (11) A District may use the same Facility Assessment and Long-Range Facility Plan as a basis for an OSCIM Program application for four (4) years from the year in which the plan was completed. (12) The Department’s determination of the adequacy of the Facility Assessment and Long-Range Facility Plan is final. Statutory/Other Authority: SB 447 (2015) Statutes/Other Implemented: SB 285 (2023) & ORS 286A.801(2) History: ODE 35-2025, amend filed 06/18/2025, effective 06/18/2025 ODE 2-2024, amend filed 02/16/2024, effective 02/16/2024 ODE 16-2021, amend filed 05/25/2021, effective 05/25/2021 ODE 42-2020, amend filed 10/22/2020, effective 10/22/2020 ODE 21-2019, amend filed 06/25/2019, effective 06/25/2019 ODE 7-2017, f. & cert. ef. 6-1-17