1. (1) As used in this rule:

   1. (a) “Written notice” means written notice that is mailed, faxed, e-mailed or personally delivered by the party required to provide the written notice.
   2. (b) “Primary physical address of the public charter school” means the physical location of the public charter school campus located within the boundaries of the sponsoring district, the district in which the public charter school originally applied under ORS 338.045, or as identified in the proposal submitted under ORS 338.075(4)(b)(B).
   3. (c) “School” means a physical location that is owned, leased, or otherwise used by the public charter school where students receive instruction or educational services. As used in this rule, “school” or “tutoring or testing facility” does not include the student’s home.

2. (2)

   1. (a) For public charter schools sponsored by a school district that establish schools or testing or tutoring facilities that are not located at the primary physical address of the charter school, the district shall retain all responsibility assigned to a sponsor by ORS Chapter 338 and OAR 581-026-0005 to 0515.
   2. (b) Except as provided in subsection (2)(a) of this rule, if a public charter school is sponsored by the State Board of Education, the district in which the primary physical address of the public charter school is located shall retain the responsibilities assigned to a district by ORS 338.155 to 338.165 and described in a contract between the district and the public charter school.
3. (3) The public charter school must maintain student records, board records, employment records, and other school records at the primary physical address of the public charter school.

4. (4) The board of a school district that is not the sponsoring school district of the public charter school may file a complaint with the Director of the Oregon Department of Education or the director's designee pursuant to ORS 338.130(5) against the public charter school if:

   1. (a) The public charter school opens or operates a school or tutoring or testing facility within the boundaries of that district; and
   2. (b) The public charter school did not comply with the provisions of ORS 338.130.

5. (5) The complaint must be in writing and may be delivered by mail, fax or e-mail or by personally delivering a copy to the director or the director's designee and must contain:

   1. (a) The name of the school district making the complaint;
   2. (b) The name and contact information of a member of the board or district staff person who will act as primary contact for the complaint;
   3. (c) The name of the public charter school operating the school or tutoring or testing facility;
   4. (d) The primary physical address of the public charter school operating the school or tutoring or testing facility;
   5. (e) The physical address of the school or tutoring or testing facility being operated by the public charter school in the offended district; and
   6. (f) A brief statement explaining the facts underlying the complaint.
6. (6) The school district board must provide written notice of the complaint by mail, fax, e-mail or personal delivery to the public charter school and the sponsoring district on the same date the complaint is provided to the director or the director's designee.
7. (7) Upon receipt of the complaint the director or the director's designee shall schedule a contested case hearing pursuant to ORS 183.413 to 183.470.

8. (8) Upon a finding that the public charter school has not complied with the provisions of Ch. 163, OL 2023.

   1. (a) The director or the director's designee may withhold SSF moneys due to the public charter school under ORS 338.155.
   2. (b) If the director or the director's designee withholds moneys pursuant to paragraph (a) of this subsection, the director or the director's designee shall withhold the moneys until the charter school governing body is in compliance or other date determined by the director or the director's designee.

Statutory/Other Authority

ORS 338.025

Statutes/Other Implemented

ORS 332.158 & ORS 338

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 5-2024, amend filed 02/16/2024, effective 02/16/2024
ODE 30-2018, amend filed 09/26/2018, effective 09/26/2018
ODE 37-2016, f. & cert. ef. 7-18-16