Or. Admin. Code § 581-026-0065 - Appeal Process
(1) An applicant
whose resubmitted proposal to start a public charter school is disapproved
following reconsideration may request the State Board of Education review the
decision of the school district board within 30 days of the disapproval.
(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 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 applicant
or school district board and establishing timelines for the production of those
records;
(c) Requiring the
applicant or school district board to respond to written or oral inquiries
related to board review; and
(d)
Determining at any time during the review process to reject a review request if
in the judgment of the Superintendent, the applicant fails to reasonably comply
with the administrative review processes of the Superintendent.
(3) The Superintendent may review
the decision only to determine whether:
(a)
The school district board used the process required OAR 581-026-0060; and
(b) The proposal meets the
criteria described in OAR 581-026-0060 (1); and
(c) The reasons stated by the school district
board for the denial are valid and align with the criteria described in OAR
581-026-0060 (1).
(4)
Following a review described in (9), the State Board of Education may:
(a) Uphold the decision of the school
district board to disapprove the resubmitted proposal;
(b) Remand the resubmitted proposal to the
school district board for reconsideration if the school district board and the
applicant agree to the remand; or
(c) Consider becoming the sponsor of the
public charter school if the applicant agrees to the sponsorship.
(5) At the conclusion of the
administrative review process the Superintendent shall recommend in writing to
the State Board to:
(a) Uphold the decision
of the school district board to disapproved the resubmitted proposal; or
(b) Remand the resubmitted
proposal to the school district board for reconsideration if the school
district board and the applicant agree to the remand; or
(c) Sponsor the public charter school upon
the terms in the proposal or upon such other terms specified.
(6) The State Board will consider
the recommendation of the Superintendent and any other information it deems
relevant and determine based on the requirements of ORS 338 to have the State
Board sponsor the public charter school.
(a)
If the State Board decides to consider the recommendation of the Superintendent
to sponsor the public charter school, the State Board will complete a rigorous
evaluation of the proposal as defined in State Board policy.
(7) The decision of the State
Board to uphold the school district board decision to disapproved the
resubmitted proposal will be based on substantial evidence in the record and
will be made within 75 days of receipt by the State Board of the
Superintendent's recommendation, unless extended for good cause.
(8) An applicant may seek judicial review of
an order of the State Board of Education pursuant to ORS
183.484.
Notes
Stat. Auth.: ORS 326.051 & 338.025
Stats. Implemented: ORS 338.075
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