Or. Admin. R. 581-026-0050

Current through Register Vol. 63, No. 6, June 1, 2024

Section 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.

Or. Admin. R. 581-026-0050

ODE 13-2000, f. & cert. ef. 5-3-00; ODE 15-2009(Temp), f. & cert. ef. 12-10-09 thru 6-8-10; Administrative correction 6-25-10; ODE 11-2010, f. & cert. ef. 6-30-10; Renumbered from 581-020-0301, ODE 10-2014, f. & cert. ef. 2-19-14

Stat. Auth.: ORS 338.025

Stats. Implemented: ORS 338.055