Or. Admin. Code § 581-026-0050 - Public Charter School Proposal Submission and Completeness
(1) An applicant
must submit proposals to the local school district board and the State Board of
Education.
(2) Upon receipt of a
proposal from an applicant, the school district board will determine whether
the proposal addresses, at least minimally, all of the required components as
set out in ORS 338.045(2) and
(3). Within 30 business days of the receipt
of a proposal, the school district will notify the applicant as to the
completeness of the proposal. A proposal that included, for example, a
reprinting of the charter school statutes as its response to a required
component, would not minimally address that component and would not be
complete. A proposal that addressed a required component based on an incorrect
budget assumption or in a manner that is unsatisfactory to the local school
district would nonetheless be complete.
(a)
If the district deems a proposal to be incomplete, the district must identify
the specific elements that are not complete and provide a reasonable
opportunity to complete the proposal.
(b) The district may disapprove the proposal
if the applicant does not provide a proposal that is complete within the
reasonable opportunity as provided in subparagraph (a) of this paragraph.
(c) For a proposal that has been
disapproved under (b), the applicant may appeal the decision to the State Board
of Education within 30 days of the disapproval. The State Board may review the
proposal only for completeness and may determine that the proposal is:
(A) Not complete and uphold the decision of
the school district board; or
(B)
Complete and remand the proposal to the school district for consideration.
(3) 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 appeal process. This delegation includes issuing a final
order. An order issued by the Superintendent or designee shall be considered an
order in other than a contested case under ORS
183.484. The final order shall:
(a) Uphold the decision of the school
district board; or
(b) Remand the
proposal to the school district for consideration.
(4) The Superintendent shall issue a final
order within 30 days of receiving the notice of appeal from the applicant. The
Superintendent shall send a copy of the final order to the applicant and the
school district.
Notes
Stat. Auth.: ORS 338.025
Stats. Implemented: ORS 338.055
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