FAQs

  1. General Information
  2. Getting Started
  3. The Applicaion Process
  4. Admissions
  5. Curriculum, State Standards and Assessment
  6. Governance
  7. Charter School Staffing Requirements
  8. Special Education
  9. Facilities
  10. Renewal and Termination

I. General Information

What is a public charter school?
A charter school is a public school operated by a group of parents, teachers and/or community members as a semi-autonomous school of choice authorized by a school district  The charter school operates under a charter (a contract) between the charter school and its sponsor (authorizer). A public charter school is subject to certain laws pertaining to school district public schools, is released from others and must operate consistent with the charter agreement (contract).
The sponsor is the school district in which the public charter school is located.  If the local district denies a charter proposal, the State Board of Education may become the sponsor.
How does a public charter school differ from a traditional public school?
Public charter schools were created to provide innovative, flexible and creative educational          choices for students and their parents. As such, they are exempt from many state and school district regulations and tend to have more autonomy than a traditional public school.  Although charter schools are exempt from some state and district regulations, they are held to extremely high levels of accountability. In addition to meeting state accountability requirements, charter schools must also meet the requirements set out in their charter and agreed to by their sponsor. A sponsor may either not renew or terminate a school’s charter if the school is not producing results or meeting the terms of their charter.
Who may apply for a charter?
Any person, or group of persons, may apply to be a public charter school. The potential sponsor reviews the charter proposal, in accordance with ORS 338.055.  If approved, a charter contract is executed by the authorizer and the governing board of the charter school. The charter school governing board may contract with a for-profit organization for services; however, the charter school board must retain control of governmental functions, and a for-profit may not be party to a public charter school contract.  Oregon’s charter school law prohibits private school conversion.
Who may sponsor (authorize) a public charter school?
The local school district is the sponsoring agent for the charter school.  It is recommended a working relationship with the school district be established during the planning stages. The State Board may become the sponsor if the charter proposal is denied by the local school district.
How many charter schools are there and is there a limit on the number that can be approved?
The number of charters schools in the state of Oregon continues to grow, with 88 schools serving approximately 12,000 students in the 2008-2009 school year.  There are no limits to the number of charter schools that can be opened in the state.
To whom is a charter school responsible?
Charter schools have several levels of accountability.  A charter school is accountable to the families in the school, their sponsor, and the state. The charter school authorizer sponsors the charter school and, through a contract, outlines certain provisions the charter school is responsible to fulfill. Charter schools are also required to participate in the state-mandated Oregon Assessment of Knowledge and Skills (OAKS). It is through the OAKS that charter schools, along with all other public schools in the state, are measured. School Report Cards are issued annually for all public schools in the state including charter schools. For more information on a specific school, see http://www.ode.state.or.us/data/reportcard/reports.aspx
May a religious or tuition-based private school apply to be a public charter school? (ORS 338.035)
No, a tuition-based or religious affiliated school may not convert to a public charter school.  The law allows for only new public schools, conversion of existing public schools, schools within schools or existing alternative educational programs to apply for public charter school status.
How many students must be enrolled in a public charter school? (ORS 338.115)
The public charter school must serve a minimum of twenty-five full time students.
Must a charter school follow the same statutes and rules as other public schools?
A public charter school is exempt from all statutes and rules, except for the following:
  1. Federal law
  2. Public record laws (ORS 192.420 to 192.50)
  3. Public meeting laws (ORS 192.610 to 192.690)
  4. Municipal audit law (ORS 297.405 to 297.555 and 297.990)
  5. Criminal background checks (ORS 181.539 326.603, 326.607 and 342.232)
  6. Textbook adoption procedures (ORS 337.150)
  7. Prohibition against tuition and fees (OR 339.141, 339.147 and 339.155)
  8. Discrimination (ORS 659.150 and 659.155)
  9. Tort claims protections (ORS 30.260 to 30.300)
  10. Health and safety statutes and rules
  11. Any statute or rule listed in the charter
  12. Statewide assessment (ORS 329.485)
  13. Academic content standards (ORS 329.045)
  14. Any statute or rule that establishes requirements for instructional time provided by a school during each day or during a year.
  15. Prohibition on infliction of corporal punishment (ORS 339.250 (2)
  16. Reporting of child abuse and training on prevention and identification of child abuse (ORS 339.370, 339.373, 339.375 and 339.377
  17. ORS Chapter 657 (Employment Department Law)
  18. Chapter 338
  19. Diploma, modified diploma and alternative certificate (ORS 329.451)
  20. A charter may also specify  that certain statutes and rules that apply to school district board, school districts and other public schools may apply to a public charter school
ORS Chapter 338 grants authority to the State Board of Education to adopt any rules necessary for the implementation of the law as long as the rules follow the intent of the Chapter.

The State Board of Education may grant a waiver from major provisions of the Chapter   to a charter school if the waiver:
  1. promotes program development,
  2. enhances equitable access to public education by under-served families, or
  3. extends equitable access to all students or permits high quality programs at less cost.
How are charter schools funded?
Charter schools receive a portion of the State School Fund, but typically do not receive other state funds, federal Title funds, facility funds, or local funds.  For purposes of distributing State School Funds, charter school students are considered residents of the school district in which the public charter school is located. (Exception: students on IEPs are always considered residents of the district in which their parents/guardians reside).  The minimum funding for charter school students is:
  • 80 percent of the amount of the school district’s General Purpose Grant per weighted Average Daily Membership (ADMw) for students in grades K-8, or
  • 95 percent of the amount of the school district’s General Purpose Grant per ADMw for students in grades 9-12.
More information (including a chart) on funding can be found on page 41 and 42 of the Oregon Public Charter School Handbook at http://www.ode.state.or.us/search/page/?id=1270
Are start up funds available to charter schools in Oregon?
Most charter schools apply for Oregon Charter School Grant funds for financial assistance with startup and implementation needs. Most, but not all, applications for startup grants receive funding. For more information on the Oregon Charter School Grant funding, see http://www.ode.state.or.us/search/page/?id=1274.
For how many years may a charter be granted?
An initial charter may be granted for up to five years.  The first renewal of the charter is for the same term as the initial charter agreement. Subsequent renewals are for a minimum of five years but no longer than ten.

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II. Getting Started

What is the best way to get started?
Begin by organizing a small group of people who share your vision for a new school.  The next step is to craft a comprehensive design for your envisioned school, including a clear and compelling sense of purpose, mission statement, key educational program components operational plans, and measurable goals. Early, informal discussions between the applicant and the school district officials BEFORE the official application is submitted to the local board are highly encouraged.  The open sharing of information and ideas among all parties is essential to the process and development of a successful charter school.  The development process often consists of a series of meetings, dialogues, and negotiations between the charter applicants and the school district staff.
Why is it so important to begin with a mission statement?
The mission statement is a powerful tool and, when properly constructed, empowers everyone in the school to assume responsibility for the school and its ultimate direction.  It tells the world what is valued or important at the particular school and how the school is different from other public schools.  It guides the school’s decision makers in every aspect of planning and operations.  It provides a sense of ownership to the entire school community.
What are the elements of a mission statement and goals?
A mission statement:
  • Describes the purpose of the charter school,
  • Is clear, focused and consistent with high academic standards and student success for all students,
  • Informs the public about who the charter school intends to reach, and
  • Informs the public how the charter school seeks to make a difference in public education and the community.
Goal statements:
  • Are clear, measurable and reasonable, and
  • Foster academic and non-academic high expectations for all students.


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III. The Application Process

What is the process for applying to become a public charter school? (ORS 3 38.055)
A written proposal must be submitted to the local school board for review. A copy must also be sent to the Oregon Department of Education.  ORS 338.045 lists the elements required to be in the proposal.  However, school districts, as authorizers, may also have additional requirements. The school district has 15 days after the receipt of the proposal to inform the charter school whether or not the application is complete (note: “completeness” is not a determination of quality, but rather a determination that the proposal includes all of the required information in adequate detail for the district to conduct a qualitative evaluation).
What is the timeline once the proposal has been deemed complete? (ORS 338.055)
The school board has 60 days to hold a public hearing. The district must approve or deny sponsorship of the proposed school within 30 days after the public hearing.
How will the district decide if my proposal is acceptable?
School districts often use committees to examine the proposal and will consider the elements listed in ORS 338.045 and the criteria in ORS 338.055, as well as any criteria in local board policy to determine if they will sponsor the charter school.
What happens once the proposal has been approved? (ORS 338.065)
Once the proposal has been approved, the public charter school applicant and the sponsoring school district develop a written charter agreement.
What happens if the proposal is denied? (ORS 338.065)
The school board must provide written reasons for the denial and suggest remedial measures.  The applicant can resubmit a revised proposal.  The school board has 20 days after receiving the resubmitted proposal to either approve or deny.
What happens if the resubmitted proposal is still not approved?(ORS 338.065 & ORS 338.075)
If the resubmitted proposal is not approved, the applicant may appeal the decision to the State Board of Education.  The Board will attempt to mediate a resolution between the applicant and the local school board.  If mediation is unsuccessful, an applicant may request State Board of Education sponsorship under ORS 338.075.
Where can I find out more information on the application process?
The Oregon Public Charter School Handbook contains more information on the application process, including a chart of all timelines.  http://www.ode.state.or.us/search/page/?id=1270

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IV. Admissions

Are charter schools open to all students?
A charter school is a public school and must accept all students who want to attend. The only condition for admission to a charter school is age and grade. The law clearly states that admission based on ethnicity, national origin, disability, gender, income level, proficiency in English language or athletic ability is prohibited. (ORS 338.125)
Can a charter school require a student to take an entrance exam or be subject to any other admission criteria?
The only condition for acceptance in a charter school is age and grade.  A charter school can ‘market’ its curriculum, focus area and targeted student population but cannot deny enrollment (other than age and grade) to any student who seeks admission. Charter schools must be careful in the way they market themselves so as to not imply that only certain students (i.e., families who can drive students to and from school or who speak English or who can volunteer for a certain number of hours) can enroll.
What happens if there are more students that want to attend the school than there is space available? (ORS 338.125)
If the number of applications from students who reside within the school district exceeds the number of spaces available, the charter school must select all students for enrollment through an equitable lottery.
May an out-of-district student attend a public charter school? (ORS 338.125)
Yes, but only if there is space available once all interested in-district students enroll.
May a charter school count a home schooler as a part of its membership?
No, a student may only have one status.  If a student is registered as home schooler, then the home schooling rules apply to that student.  If a student is enrolled in a charter school for half-time or more, then the charter school laws apply to that student.
May a charter school receive any ADMw for a home schooler who attends part of one-half of the school day?
Yes.  Anything less than half-time can be counted on the PT/Special Form under “shared time” and the commensurate amount of funding will follow this student.
Can a charter school count two half-day home schoolers as one full time registered student as part of the 25 minimum membership?
No.  A home schooler has the status of a home schooler and cannot be a member of a charter school for the purpose of counting towards minimum membership.  A student may only have one status at a time and a student who has registered as a home schooler has self-decided his/her status.
May charter school charge tuition?
No, a charter school is a public school and is prohibited from charging tuition.  Reasonable fees may be charged for items such as towels for PE classes, art supplies, and field trips etc., just as in traditional public schools.

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V. Cirriculum, State Standards and Assessment

Are charter schools required to adopt state content standards and use state assessments?
Yes. Charter schools are required to adopt all state content standards, diploma requirements and the Oregon Assessment of Knowledge and Skills, as well as any testing required by NCLB.
Each charter school has flexibility in terms of their curriculum, educational program and teaching techniques, as long as they are aligned to the state standards.
Where can I find more information on Oregon’s content standards?
The Oregon Department of Education website has many resources available, including searchable standards, sample curriculum mapping and formative assessments. http://www.ode.state.or.us/teachlearn/real/
How do I find out how a particular charter school is doing?
All public schools, including charter schools, receive an Oregon School Report Card and AYP designation. There is also an annual evaluation of all Oregon’s charter schools.  These reports can be found at http://www.ode.state.or.us/search/results/?id=172
May a charter school offer on-line courses? (ORS 338.125)
Yes.  However, if a charter school offers any on-line courses, at least 50% of the charter school students must reside in the district where the charter school is located.
How does a charter school receive assessment materials?
The sponsoring school district is responsible for providing testing information and materials to the charter school.
Where can I find more information on the Oregon Assessment of Knowledge and Skills (OAKS) testing schedule?
Information on the testing schedule and administration of OAKS can be found at http://www.ode.state.or.us/search/results/?id=169

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VI. Governance

What type of governance structure should a charter school have in place?
Charter schools must be Oregon nonprofit corporations and have 501(c)(3) status as a federal tax-exempt corporation (the school must be incorporated as an Oregon nonprofit and apply for tax-exempt status before operating).  The developers decide the number, terms and selection process of the board members, as well as the duties of the board and school administrator(s); these are included in the corporate bylaws.  Charter school boards must follow all public meeting laws (ORS 192.610-690).

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VII. Charter School Staffing Requirements

Do charter school teachers need to be licensed?
At least one-half of the charter school’s full time equivalent (FTE) teaching and administrative staff must hold a valid teaching or administrative license issued by Oregon Teaching Standards and Practices Commission (TSPC).  The license must be a basic, initial, standard or continuing license.  If staff does not hold a valid teaching license, they must be registered by TSPC for the specific position they hold within a specific charter school.  Additional information on licensure and registration can be found at http://www.tspc.state.or.us
Must a charter school administrator hold a valid TSPC administrative certificate?
No, a charter school administrator does not have to have an administrative license, unless this is specified as a term in the charter agreement.  If a charter school administrator is not licensed by TSPC, then they must be registered and go through a criminal back ground check and the finger printing process.
Do charter school employees participate in the Public Employees Retirement System (PERS)?
ORS 338.135 requires the charter school provide PERS coverage to all charter school employees working a total of 600 hours or more in a 12-month period.  When a public charter school is established, ODE will notify PERS.  Additional information on PERS can be found at http://www.oregon.gov/PERS/index.shtml
Who is the employer of charter school teachers?
Oregon’s charter school law allows for two different employment models.  In one, the sponsoring district is the employer.  In this case all collective bargaining, salary schedules etc. apply to the charter school employees.  In the other model, the charter school is the employer and sets the salary, benefits, working conditions for its employees. The employment model has a significant effect on the relationship between the school district sponsor and the charter school, as well as on the charter school finances and human resources.
Can employees of public charter schools be members of labor organizations?
If the sponsoring district is the employer, the charter school employees are members of the district’s bargaining unit(s).  In charter schools in which the charter school is the employer, employees may form an independent bargaining unit.
Is employment in a public charter school considered the equivalent to experience in traditional public schools?
For TSPC purposes, the experience of teachers with valid TSPC licenses is considered the equivalent as teaching experience in any other public school.
Do the No Child Left Behind Highly Qualified Staff requirements apply to public charter schools?
Yes, all teachers in core academic areas must meet the law’s definition of ‘highly qualified’ charter school staff.  More detailed information can be found in the Oregon Public Charter School Handbook at http://www.ode.state.or.us/search/page/?id=1270
Can volunteers work in public charter schools?
As with any other public school, volunteers are important to that educational program.  It is the school’s responsibility to have policies and procedures in place to ensure the safety of their students (i.e. finger printing and criminal background checks).

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VIII. Special Education

May students with disabilities attend public charter schools?
Yes, public charter schools are open to all students on a non-discriminatory basis.
Can students with disabilities be given preferential consideration in selection for charter schools?
No. If there are fewer spaces than interested students, the same lottery process is used    for all students, including students with disabilities.
Who is responsible for providing special education services for public charter school students in Oregon?
The resident school district is responsible for providing any required special education and related services to public charter school students identified as students with disabilities under the IDEA.  The resident school district’s responsibility to provide a free appropriate public education is the same for children with disabilities in public charter schools as for other children with disabilities attending other public schools in the district.
Which school district is the resident school district for public charter school students with disabilities under the IDEA?
The resident district is the district where the parent or person in parental relationship resides (ORS 339.133 and 339.134).  “The residency of a student with disabilities under the Individuals with Disabilities Education Act (IDEA) does not change if that student enrolls in an out of district charter school.”
What special education laws and regulations apply to public charter schools in Oregon?
Charter schools are subject to the same federal laws as other public schools. Public charter schools must follow all federal laws, including federal special education laws, and state laws and regulations that implement federal special education laws. The Individuals with Disabilities Education Act (IDEA), Section 504 of the Rehabilitation Act, and the Americans with Disabilities Act (ADA) all apply to public charter schools.

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IX. Facilities

Who is responsible the charter school facility?
The charter school is responsible for locating its school facility. The facility must meet all health and safety standards before it begins operation. To find out more information on the specific codes and regulations, contact the local Fire Chief and/or city planning commissioner.
Must public charter school comply with American with Disabilities Act (ADA) building requirements?
Yes, all public charter school buildings must be ADA and 504 compliant.
Is there additional funding for public charter school facilities?
No, there is no extra funding for charter school facilities, and the law prohibits charter schools from passing facility bonds.  In addition to the lease, charter schools are responsible for the cost of maintenance, cleaning, utilities and insurance.

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X. Renewal and Termination

What is the renewal process for charter schools?
ORS 338.065 http://www.leg.state.or.us/ors/338.html sets forth process, procedures and parameters for public charter school renewal.
What information is taken into consideration by the district in making a renewal decision?
The law stipulates that the renewal should be based on the review of the charter school’s annual performance reports, annual audit of accounts and annual site visit and any other information mutually agreed upon by the public charter school and the sponsor.
For what reasons can a charter school be terminated?
A charter school can be immediately terminated if the health and safety of students is at risk.  A charter school may also be terminated for failing to meet the terms of an approved charter or ORS 338, failing to meet the requirements for student performance, failing to correct a violation of a federal or state law that is described in ORS 338.115, failing  to maintain insurance as described in the charter, or failing to maintain financial stability.

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