Public Charter Schools

ORS 338.075
Review of school district board decision

  • sponsorship by State Board of Education
  • judicial review


(1)

If a school district board disapproves a proposal to establish a public charter school following reconsideration of a proposal pursuant to ORS 338.055 (Evaluation process and criteria) (5), the applicant may request that the State Board of Education review the decision of the school district board.

(2)

(a) If the State Board of Education reviews a decision of the school district board, as provided by subsection (1) of this section, the State Board of Education may review the decision only to determine whether:

(A)

The school district board used the process required by ORS 338.055 (Evaluation process and criteria) in denying the proposal;

(B)

The proposal meets the criteria described in ORS 338.055 (Evaluation process and criteria) (3); and

(C)

The reasons stated by the school district board for the denial are valid.

(b)

Following a review described in paragraph (a) of this subsection, the State Board of Education may:

(A)

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

(B)

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

(C)

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

(3)

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). If the court finds that the decision of the State Board of Education is not supported by substantial evidence in the record, the court shall enter a judgment directing the State Board of Education to sponsor the public charter school. [1999 c.200 §9; 2001 c.376 §1; 2005 c.209 §28; 2011 c.695 §6; 2011 c.718 §§28,29; 2012 c.91 §§4,5; 2013 c.265 §§5,6; 2018 c.72 §9]

Law Review Citations

36 WLR 265 (2000)

Chapter 338

Atty. Gen. Opinions

Ability of charter school to contract operations to private, for-profit entity, (2000) Vol 49, p 254

Law Review Citations

36 WLR 265 (2000)


Source

Last accessed
Jun. 26, 2021