338.005
Definitions for chapter.
As used in this chapter, unless the context requires otherwise:
(1) “Applicant”
means any person or group that develops and submits a written proposal for a
public charter school to a sponsor.
(2) “Public
charter school” means an elementary or secondary school offering a
comprehensive instructional program operating under a written agreement entered
into between a sponsor and an applicant and operating pursuant to this chapter.
(3) “Remote and
necessary school district” means a school district that offers kindergarten
through grade 12 and has:
(a) An average
daily membership (ADM), as defined in ORS 327.006, in the prior fiscal year of
less than 110; and
(b) A school that
is located, by the nearest traveled road, more than 20 miles from the nearest
school or from a city with a population of more than 5,000.
(4) “Sponsor”
means:
(a) The board of
the common school district or the union high school district in which the
public charter school is located that has developed a written charter with an
applicant to create a public charter school.
(b) The State
Board of Education pursuant to ORS 338.075.
(5)(a) “Virtual
public charter school” means a public charter school that provides online
courses.
(b) “Virtual
public charter school” does not include a public charter school that primarily
serves students in a physical location. [1999 c.200 §2; 2007 c.575 §2; 2009
c.691 §1; 2011 c.695 §1; 2012 c.91 §19; 2018 c.72 §5]
338.010 [Amended by 1965 c.100 §153;
renumbered 332.405]
Notes of Decisions
Coquille Sch. Dist. 8 v. Castillo, 159 P.3d 338 (Or. Ct. App. 2007).
· cites it 2× “ORS 338.005(2). The process of establishing a public charter school begins when an applicant submits a written proposal to a school district board.”
Lengele v. Willamette Leadership Academy (D. Or. 2022).
· cites it 4× “For example, Plaintiff pleaded that WLA is a public charter school within the meaning of Or. Rev. Stat. § 338.005 (2)2 and that "[p]ursuant to the Charter Agreement, WLA is bound by District policies and federal and state law regarding recruitment, promotion, discipline and…”
Oregon Connections Academy v. Scio Sch. Dist. 95C, 374 P.3d 962 (Linn Cty. Cir. Ct., O.R. 2016).
· cites it 2× “” ORS 338.005(3). A “sponsor” may be, among other entities, “[t]he board of the common school district or the union high school district in which the public charter school is located that has developed a written charter with an applicant to create a public charter school.”
Nuffer v. Molalla River Sch. Dist., 65 P.3d 1111 (Or. Ct. App. 2003).
“However, the legislature provided a specific definition of “public charter school” in ORS 338.005(2): “ ‘Public charter school’ means an elementary or secondary school offering a comprehensive instructional program operating under a written agreement entered into between a…”
— Or. Rev. Stat. § 338.005(2) — 3 cases
Coquille Sch. Dist. 8 v. Castillo, 159 P.3d 338 (Or. Ct. App. 2007).
“ORS 338.005(2). The process of establishing a public charter school begins when an applicant submits a written proposal to a school district board.”
Lengele v. Willamette Leadership Academy (D. Or. 2022).
“For example, Plaintiff pleaded that WLA is a public charter school within the meaning of Or. Rev. Stat. § 338.005 (2)2 and that "[p]ursuant to the Charter Agreement, WLA is bound by District policies and federal and state law regarding recruitment, promotion, discipline and…”
Nuffer v. Molalla River Sch. Dist., 65 P.3d 1111 (Or. Ct. App. 2003).
“However, the legislature provided a specific definition of “public charter school” in ORS 338.005(2): “ ‘Public charter school’ means an elementary or secondary school offering a comprehensive instructional program operating under a written agreement entered into between a…”
— Or. Rev. Stat. § 338.005(3) — 1 case
Oregon Connections Academy v. Scio Sch. Dist. 95C, 374 P.3d 962 (Linn Cty. Cir. Ct., O.R. 2016).
“” ORS 338.005(3). A “sponsor” may be, among other entities, “[t]he board of the common school district or the union high school district in which the public charter school is located that has developed a written charter with an applicant to create a public charter school.”
— Or. Rev. Stat. § 338.005(5)(a) — 1 case
Oregon Connections Academy v. Scio Sch. Dist. 95C, 374 P.3d 962 (Linn Cty. Cir. Ct., O.R. 2016).
“” ORS 338.005(3). A “sponsor” may be, among other entities, “[t]he board of the common school district or the union high school district in which the public charter school is located that has developed a written charter with an applicant to create a public charter school.”
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