- (1) A public charter school may petition the State Board of Education for a waiver of any provision of ORS 388. The written petition must specify the reason(s) the charter school is seeking the waiver and any other relevant information.
- (2) The public charter school must notify the sponsor if a waiver under this section is being considered. Waivers granted by the State Board to a charter school may require amending the charter under the provisions of OAR 581-026-0100 (7).
(3) The State Board of Education, upon receipt of a waiver petition, will review the petition and may grant the waiver upon a showing that approving the waiver would:
- (a) Promote the development of programs by providers;
- (b) Enhance the equitable access by underserved families to the public education of their choice;
- (c) Extend the equitable access to public support by all students; or
- (d) Permit the development of high quality programs of unusual cost.
- (4) The State Board of Education may not waive any provision under ORS 338.115(1)(a) to (aa), 338.120, 338.125 (5), 338.135 (2)(b) or 339.122.
Statutory/Other Authority
ORS 3263.051
Statutes/Other Implemented
Ch. 200 OL 1999 (SB 100)
History
ODE 32-2026, amend filed 06/18/2026, effective 06/19/2026
ODE 62-2025, temporary amend filed 12/19/2025, effective 12/22/2025 through 06/19/2026
ODE 48-2014, f. & cert. ef. 12-17-14
ODE 10-2014, f. & cert. ef. 2-19-14