OAR 581-026-0065
Appeal Process


(1)

An applicant whose resubmitted proposal to start a public charter school is disapproved following reconsideration may request the State Board of Education review the decision of the school district board within 30 days of the disapproval.

(2)

The State Board of Education delegates to the Superintendent of Public Instruction or designee all administrative functions necessary or reasonable in order to conduct review. This delegation to the Superintendent includes, but is not limited to:

(a)

Determining the form, contents and timelines of the petition for review;

(b)

Determining the records required for review and ordering the production of those records from either the applicant or school district board and establishing timelines for the production of those records;

(c)

Requiring the applicant or school district board to respond to written or oral inquiries related to board review; and

(d)

Determining at any time during the review process to reject a review request if in the judgment of the Superintendent, the applicant fails to reasonably comply with the administrative review processes of the Superintendent.

(3)

The Superintendent may review the decision only to determine whether:

(a)

The school district board used the process required OAR 581-026-0060 (Public Charter School Proposal Reconsideration); and

(b)

The proposal meets the criteria described in OAR 581-026-0060 (Public Charter School Proposal Reconsideration) (1); and

(c)

The reasons stated by the school district board for the denial are valid and align with the criteria described in OAR 581-026-0060 (Public Charter School Proposal Reconsideration) (1).

(4)

Following a review described in (9), the State Board of Education may:

(a)

Uphold the decision of the school district board to disapprove the resubmitted proposal;

(b)

Remand the resubmitted proposal to the school district board for reconsideration if the school district board and the applicant agree to the remand; or

(c)

Consider becoming the sponsor of the public charter school if the applicant agrees to the sponsorship.

(5)

At the conclusion of the administrative review process the Superintendent shall recommend in writing to the State Board to:

(a)

Uphold the decision of the school district board to disapproved the resubmitted proposal; or

(b)

Remand the resubmitted proposal to the school district board for reconsideration if the school district board and the applicant agree to the remand; or

(c)

Sponsor the public charter school upon the terms in the proposal or upon such other terms specified.

(6)

The State Board will consider the recommendation of the Superintendent and any other information it deems relevant and determine based on the requirements of ORS 338 to have the State Board sponsor the public charter school.

(a)

If the State Board decides to consider the recommendation of the Superintendent to sponsor the public charter school, the State Board will complete a rigorous evaluation of the proposal as defined in State Board policy.

(7)

The decision of the State Board to uphold the school district board decision to disapproved the resubmitted proposal will be based on substantial evidence in the record and will be made within 75 days of receipt by the State Board of the Superintendent’s recommendation, unless extended for good cause.

(8)

An applicant may seek judicial review of an order of the State Board of Education pursuant to ORS 183.484 (Jurisdiction for review of orders other than contested cases).
581–026–0005
Definitions
581–026–0050
Public Charter School Proposal Submission and Completeness
581–026–0055
Public Charter School Proposal Review and Resubmission
581–026–0060
Public Charter School Proposal Reconsideration
581–026–0065
Appeal Process
581–026–0100
Development and Execution of a Charter
581–026–0110
Public Charter School Mediation Provided by the State Board of Education
581–026–0120
Charter School Development Timelines
581–026–0125
Timeline Extensions
581–026–0130
Procedure to Waive Certain Provisions of the Charter School Law
581–026–0200
Financial Management System
581–026–0210
Annual Financial Reporting
581–026–0300
Virtual Public Charter Schools
581–026–0305
Virtual Public Charter School Student Enrollment
581–026–0310
Virtual Public Charter School Student Enrollment Appeal Procedure
581–026–0400
Process to Renew Charter
581–026–0405
Appeal of Sponsor’s Decision Not to Renew a Charter
581–026–0500
Process for Sponsor to Terminate Charter
581–026–0505
Process to Appeal Decision by Sponsor to Terminate Charter
581–026–0510
Process for Charter School Governing Body to Terminate Charter and Dissolve Public Charter School
581–026–0515
Distribution of Assets of a Terminated or Dissolved Public Charter School
581–026–0600
Public Charter School Facility Location
581–026–0700
Participation in District Interscholastic Activities for Students Who Attended a Public Charter School
581–026–0710
District Fees for Interscholastic Activities for Students Who Attend a Public Charter School
Last Updated

Jun. 8, 2021

Rule 581-026-0065’s source at or​.us