Oregon Revised Statutes Chapter 338 § 338.125 — Student enrollment; nonresident students; appeals; written notices

Student enrollment; nonresident students; appeals; written notices. (1) Student enrollment in a public charter school is voluntary. (2)(a) All students who reside in the school district in which the public charter school is located are eligible for enrollment in the public charter school if space is available. (b) Students who do not reside in the school district in which the public charter school is located are eligible for enrollment in the public charter school if space is available and subject to subsection (5) of this section. (c) A public charter school may not limit student enrollment based on race, religion, sex, sexual orientation, gender identity, ethnicity, national origin, disability, the terms of an individualized education program, income level, proficiency in the English language or athletic ability. A public charter school may implement a weighted lottery that favors historically underserved students as provided by subsection (3)(a) of this section. (3)(a) Except as provided by paragraphs (b) and (c) of this subsection, if the number of applications from students exceeds the capacity of a program, class, grade level or building, the public charter school shall select students through an equitable lottery selection process. For the purpose of ameliorating the impact of discrimination against historically underserved students, an equitable lottery selection process may include weights that favor historically underserved students. As used in this paragraph, “historically underserved students” are students who are at risk because of any combination of their race, sex, sexual orientation, gender identity, ethnicity, disability, income level, proficiency in the English language, socioeconomic status or geographic location. (b)(A) A public charter school may give priority for admission to students who reside within the attendance boundaries that were in effect at the time a school district closed a nonchartered public school if: (i) The public charter school began to operate not more than two years after the nonchartered public school was closed; (ii) The school district that closed the nonchartered public school is the sponsor of the public charter school; (iii) The public charter school is physically located within the attendance boundaries of the closed nonchartered public school; and (iv) The school district board, through board action, approved the public charter school giving priority as described in this paragraph. (B) Nothing in this paragraph requires an amendment to a charter. A school district board may take an action described in subparagraph (A)(iv) of this paragraph at any time during the term of a charter. (c) After a public charter school has been in operation for one or more years, the public charter school may give priority for admission to students who: (A) Were enrolled in the prior year in the public charter school; (B) Were enrolled in a public preschool or prekindergarten program operated by the public charter school; (C) Have siblings who are presently enrolled in the school and who were enrolled in the school in the prior year; (D) Are at risk because the student has an economic or academic disadvantage that requires special services or assistance, including students who: (i) Are from economically disadvantaged families; (ii) Are identified as having special educational needs; (iii) Are limited in proficiency in the English language; (iv) Are at risk of dropping out of high school; or (v) Do not meet minimum standards of academic proficiency; or (E) If the public charter school is a party to a cooperative agreement described in ORS 338.080, reside in the school district that is the sponsor of the public charter school or in a school district that is a party to the cooperative agreement. (4) A student who wishes to enroll in a virtual public charter school does not need the approval of the school district where the student is a resident before the student enrolls in the virtual public charter school. If a student wishes to enroll in a virtual public charter school, the parent, legal guardian or person in parental relationship with the student must provide the following notices to the school district where the student is a resident: (a) Intent to enroll the student in a virtual public charter school; and (b) Enrollment of the student in a virtual public charter school. (5)(a) Notwithstanding subsection (4) of this section and ORS 339.133, if more than three percent of the students who reside in a school district are enrolled in virtual public charter schools that are not sponsored by the school district, a student who is a resident of the school district must receive approval from the school district before enrolling in a virtual public charter school. A school district is not required to give approval if more than three percent of the students who reside in the school district are enrolled in virtual publi