(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]
Structure 2021 Oregon Revised Statutes
Volume : 09 - Education and Culture
Chapter 338 - Public Charter Schools
Section 338.005 - Definitions for chapter.
Section 338.015 - Legislative intent; goals.
Section 338.025 - Rules; waiver of provisions of chapter; exceptions.
Section 338.035 - Establishment requirements; proposal submission timeline; prohibitions.
Section 338.045 - Proposal requirements; technical assistance; buildings.
Section 338.055 - Evaluation process and criteria; appeals; mediation.
Section 338.065 - Terms and form of charter; renewal; appeal.
Section 338.080 - Cooperative agreement to provide educational services.
Section 338.095 - Financial management system; annual report, visit and audit.
Section 338.105 - Termination of charter; appeal; rules; dissolution or closure of school.
Section 338.120 - Additional requirements for virtual public charter schools; access to documents.
Section 338.125 - Student enrollment; nonresident students; appeals; written notices.
Section 338.145 - Responsibility for student transportation services; costs.
Section 338.155 - Distributions of State School Fund amounts; grants available to charter schools.
Section 338.165 - Special education students; payment for services.