OAR 581-026-0505
Process to Appeal Decision by Sponsor to Terminate Charter


(1)

A public charter school governing body may request the State Board of Education review the decision to terminate a charter. The State Board of Education’s review shall be limited to the grounds for termination as stated by the school district board or sponsor or a plan to correct deficiencies. Any notice of a request for State Board review must be made in writing and be delivered to the State Board of Education and the business address of the sponsor.

(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 a timely 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 public charter school governing body or school district board and establishing timelines for the production of those records;

(c)

Requiring the public charter school governing body or school district board to respond to written or oral inquiries related to board review;

(d)

Delegating the review function to a hearings officer to hold a contested case hearing under ORS 183. 411 through 183.470 (Orders in contested cases) and issue a proposed order; and

(e)

Issuing a final order that may be appealed under the provisions of ORS 183.484 (Jurisdiction for review of orders other than contested cases).

(3)

The State Board, or its designee, will where possible, issue its final order within 60 days from the sponsor’s notification of intent to terminate as required in ORS 338.105 (Termination of charter)(2). If it is not possible to issue the final order within 60 days, the charter school shall remain open pending issuance of the final order.

(4)

The governing body of a public charter school that is closed under the provisions of ORS 338.105 (Termination of charter)(4) may request the State Board of Education, or its designee, to review the decision of the sponsor to terminate the charter and close the public charter school. The State Board of Education, or its designee, will hold a hearing within 10 days of receiving the request for review. The review under this section will be accomplished under the provisions of subsection (2) of this rule and under the timelines set out in ORS 338.105 (Termination of charter)(4) and, to the extent practicable, subsection (3) of this rule.

Source: Rule 581-026-0505 — Process to Appeal Decision by Sponsor to Terminate Charter, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=581-026-0505.

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 581-026-0505’s source at or​.us