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 (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 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. (4)(a) An applicant for a public charter school that is a federally recognized Indian tribe in this state: (A) Is not required to submit a written proposal to a school district board under ORS 338.045; and (B) May submit a written proposal to the State Board of Education. (b) An applicant for a public charter school that is a federally recognized Indian tribe in this state may submit a proposal as provided by this subsection only if: (A) The federally recognized Indian tribe does not already operate a public charter school sponsored by the board as provided by this subsection; (B) The proposed public charter school will be located on the reservation of the federally recognized Indian tribe or, if the federally recognized Indian tribe does not have a reservation, within a school district that enrolls students who are members of the federally recognized Indian tribe; and (C) The federally recognized Indian tribe provides notice, as prescribed by the board by rule, of the intent to submit a proposal under this subsection to: (i) For a public charter school that will be located on the reservation of the federally recognized Indian tribe, the school district that serves the students of the reservation; or (ii) For a public charter school that will be located within a school district that enrolls members of the federally recognized Indian tribe, the school district where the proposed public charter school will be located. (c) The board shall prescribe by rule the requirements of a proposal submitted pursuant to this subsection. The requirements must incorporate any applicable requirements for a proposal submitted pursuant to ORS 338.045. At the request of an applicant, the Department of Education may provide technical assistance in developing the proposal for the operation of the public charter school. (d) The board shall prescribe by rule the process for reviewing a proposal submitted pursuant to this subsection, including timelines for the review. The board must provide an applicant with a reasonable opportunity to complete a proposal if the board determines that a submitted proposal is not complete. (e) The board shall evaluate a proposal in good faith, using the applicable criteria described in ORS 338.055 (3). [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; 2025 c.452 §4]