(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 (5), the applicant may request that the State Board of Education review the decision of the school district board.

Terms Used In Oregon Statutes 338.075

  • Applicant: means any person or group that develops and submits a written proposal for a public charter school to a sponsor. See Oregon Statutes 338.005
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Public charter school: means an elementary or secondary school offering a comprehensive instructional program operating under a written agreement entered into between a sponsor and an applicant and operating pursuant to this chapter. See Oregon Statutes 338.005
  • Remand: When an appellate court sends a case back to a lower court for further proceedings.
  • Uphold: The decision of an appellate court not to reverse a lower court decision.

(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 in denying the proposal;

(B) The proposal meets the criteria described in ORS § 338.055 (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. 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]

 

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