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Oregon Charter School Law Update 2024

Presented by Jordan Ramis Attorneys Matthew D. Lowe & Matthew L. Kahl

November 14, 2024

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BEYOND THE LEGAL OPINION

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Impactful New / Recently New Laws

Public Contracting

Thresholds (2023)
Indemnification (2023)

Charter School Facilities (2023)
Public Meetings

Video Recording (2024)
Enforcement (2024)

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Senate Bill 1047 – Procurement Thresholds (2023)

https://olis.oregonlegislature.gov/liz/2023R1/Downloads/MeasureDocument/SB1047/Enrolled

Effective: January 1, 2024
Changed monetary thresholds for awarding (i) public contracts for goods and services, and (ii) public improvement contracts for construction services

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Senate Bill 1047 – Procurement Thresholds (2023)

ORS 279B.065 (Small Procurements)

Old: Contracting agency may award a public contract for goods or services that does not exceed $10,000.
New: Contracting agency may award a public contract for goods or services that does not exceed $25,000.

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Senate Bill 1047 – Procurement Thresholds (2023)

ORS 279B.070 (Intermediate Procurements)

Old: Contracting agency may award a public contract for goods or services that exceeds $10,000 but does not exceed $150,000.
New: Contracting agency may award a public contract for goods or services that exceeds $25,000 but does not exceed $250,000.

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Senate Bill 1047 – Procurement Thresholds (2023)

ORS 279C.335 (Construction Contracts)
Contracting agency may award a public improvement contract only in response to competitive bids, except:

Old: A public improvement contract with a value less than $10,000.
New: A public improvement contract with a value less than $25,000.

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Senate Bill 1047 – Procurement Thresholds (2023)

Possible action needed by Boards –

If the public charter school board has adopted the Attorney General’s Model Public Contracting Rules, then no additional action is needed to utilize the new monetary thresholds
If the public charter school board has adopted its own public contracting rules, then it must comply with the monetary thresholds within those rules until such time that the board’s public contracting rules are amended.

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Senate Bill 1575 – Indemnification (2024)

https://olis.oregonlegislature.gov/liz/2024R1/Downloads/MeasureDocument/SB1575/Enrolled

Effective: January 1, 2025
Limits a school’s ability to require a duty to defend in indemnification provisions for certain construction-related services

architectural, engineering, photogrammetric mapping, transportation planning, land surveying services or related services

Duty to defend provisions are unenforceable
Exemption: real property lease or rental agreements; personal property lease or rental agreements; or any design-build contracts

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Senate Bill 767 – Charter School Facilities (2023)

https://olis.oregonlegislature.gov/liz/2023R1/Downloads/MeasureDocument/SB767/Enrolled

Effective: June 6, 2023
Establishes procedures for virtual and nonvirtual public charter schools to open facilities outside sponsoring district

Nonvirtual public charter school may operate a facility outside sponsoring district only if:

Governing body has received written permission from non-sponsoring school district board.

Must be received prior to the first day on which students will attend classes at the school.

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Senate Bill 767 – Charter School Facilities (2023)

Nonvirtual public charter school may operate a facility outside sponsoring district without written permission only if:

School that began operating prior to June 6, 2023;
Location of the school has not changed since June 6, 2023; and
Written notification is provided to the non-sponsoring school district board each time the charter is renewed.

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Senate Bill 767 – Charter School Facilities (2023)

Virtual public charter school may not operate a facility outside sponsoring district
Virtual public charter school may operate administrative offices outside sponsoring district only after:

Providing written notice to non-sponsoring school district board:

Prior to first day the administrative offices are open; and
Each time the charter is renewed

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Senate Bill 767 – Charter School Facilities (2023)

Virtual public charter school may operate tutoring or testing facility outside sponsoring district only if:

Board provides written notice to non-sponsoring school district board:

Prior to first day the students will receive tutoring or testing at the facility for a facility that began operating after June 6, 2023; and
Each time the charter is renewed

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Senate Bill 767 – Charter School Facilities (2023)

Public charter school sponsored by State Board of Education may not operate a school or tutoring or testing facility outside of the district specified in the school’s charter

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Senate Bill 767 – Charter School Facilities (2023)

Noncompliance

Non-sponsoring school district board may file a complaint with the Superintendent of Public Instruction.
Upon receipt of a complaint, the superintendent shall schedule a contested case hearing.
Upon a determination that the governing body did not comply with the requirements of this section, the superintendent may withhold State School Fund moneys otherwise due to the public charter school.
The superintendent shall withhold moneys until the governing body is in compliance or until some other date determined by the superintendent.

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Senate Bill 1502 - Board Transparency (2024)

https://olis.oregonlegislature.gov/liz/2024R1/Downloads/MeasureDocument/SB1502/Enrolled
Effective: January 1, 2025
Requires boards of “common or union high school district” to post a video recordings of meetings on their websites and social media sites.

Applicability to public charter school boards

Must occur within 7 days of the meeting
If a school does not have sufficient internet access to video record or stream, then they may post audio recording.
Exemption:

Executive Sessions
School Districts with Resident ADM of less than 50 students.

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Senate Bill 1502 - Board Transparency (2024)

Still need to comply with ORS 192.670 (2021)
When public charter school board uses telephone or other electronic means of communication for meeting, excluding executive sessions, it must make available to the public at least one place where, or at least one electronic means by which, the public can attend the meeting.
All meetings held by public charter school board, excluding executive sessions, must provide to members of the public, to the extent reasonably possible, an opportunity to:

Access and attend the meeting by telephone, video or other electronic or virtual means;
If in-person oral testimony is allowed, submit during the meeting oral testimony by telephone, video or other electronic or virtual means; and
If in-person written testimony is allowed, submit written testimony, including by electronic mail or other electronic means, so that the board is able to consider the submitted testimony in a timely manner.

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House Bill 2805 – Public Meetings (2023)

https://olis.oregonlegislature.gov/liz/2023R1/Downloads/MeasureDocument/HB2805/Enrolled
Effective: January 1, 2024 (see * below)
Additional definitions and clarifications
Mandatory training for members of governing bodies*
Expanded oversight by Oregon Government Ethics Commission

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