STATE BOARD OF EDUCATION – ADMINISTRATIVE RULE SUMMARY
Title/OAR #: Virtual Charter Schools/OAR 581-020-0337 Date: June 24-25, 2010
Staff/Office: Cindy Hunt/Superintendent’s Office; Phyllis Guile/Office of Educational Improvement and Innovation
New Rule Amend Existing Rule Repeal Rule
Hearing Date: May 26, 2010 Hearings Officer Report Attached
Prompted by: State law changes Federal law changes Other
Action Requested:
First Reading/Second Reading Adoption Adoption/Consent Agenda
PROPOSED/AMENDED RULE SUMMARY:
These permanent rules implement the provisions of Senate Bill 767 relating to charter schools.
BACKGROUND:
Senate Bill 767 was signed into law on July 14, 2009. Significant changes were made which reflect newly developed requirements for virtual public charter schools. Additional requirements for all public charter schools also were signed into law which affect development of proposals, reporting and management of financial records.
Staff gathered key stakeholders who provided input and suggestions regarding which portions of the legislation required rule and others which could be addressed via development of a “Frequently Asked Questions” document.
These permanent rules will:
▪ Define “virtual public charter school.”
▪ Define “core courses” as they relate to virtual public charter schools.
▪ Define “physical location.”
▪ Define “primarily serves.”
▪ Revise annual reporting requirements.
ISSUES/CONCERNS THAT SURFACED DURING RULE WORK:
In the development and subsequent adoption of this legislation, questions regarding the following were raised:
▪ What is a “virtual charter school”?
▪ What is an online course?
▪ What does it mean to “primarily serve” students in a physical location?
▪ What is a physical location?
▪ How will district sponsors revise currently negotiated charters to reflect new requirements?
CHANGED SINCE LAST BOARD MEETING?
N/A; first read—hasn’t been before board
No; same as last month
Yes – As follows:
Fiscal Impact:
These rules do not have an additional fiscal impact that is beyond the statute.
STAFF RECOMMENDATION:
Adopt administrative rule at this meeting
Adopt next month administrative rule at next meeting
No recommendation at this time (rarely used)
Draft Rule
Created by CH on 4/25/10
581-020-0337
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. the requirements of sections 8, 13, 13a and 17, chapter 691, Oregon Laws 2009 (Enrolled Senate Bill 767).
(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 section (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 meets 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 581-022-1620 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) English 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) Second 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.
Stat. Auth.: ORS 338.025
Stats. Implemented: ORS 338.005
Hist.: ODE 16- 2009(Temp), f. & cert. ef. 12-10-09 thru 6-8-10
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BEFORE THE OREGON DEPARTMENT OF EDUCATION
RULE HEARING: OAR 581-020-0337 Virtual public charter schools
HEARING OFFICER’S REPORT
The Department held a public hearing on May 26, 2010, to receive public comment on the proposed rule amendments. Notice of hearing was published in a timely manner in the Secretary of State’s bulletin and was sent to interested parties and persons who requested notice pursuant to ORS 183.335 (7). The hearing was held at the Department’s offices in Salem, Oregon before Cindy Hunt, Hearing Officer.
No one testified at the hearing.
Respectfully submitted this 1st day of June, 2010
Cindy Hunt
Hearing Officer
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