2023 Oregon Revised Statutes › Volume : 09 - Education and Culture › Chapter 338 - Public Charter Schools › Section 338.055 - Evaluation process and criteria; appeals; mediation.

(1)(a) Upon receipt of a proposal submitted under ORS 338.045, the school district board shall determine whether the proposal is complete. A proposal is complete if the proposal addresses, at least minimally, each element required by ORS 338.045 (2) and (3).
(b) The school district board shall notify an applicant within 30 days after receipt of a proposal if the proposal is not complete and identify the specific elements of the proposal that are not complete. The school district board shall provide the applicant with a reasonable opportunity to complete the proposal.
(c) A proposal may be disapproved if the applicant has received a reasonable opportunity to complete the proposal and the applicant does not provide a proposal that is complete.
(d) If the school district board disapproves a proposal as provided by paragraph (c) of this subsection, the applicant may appeal the decision to the State Board of Education. The State Board of Education 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 board for consideration.
(2) Within 60 days after receipt of a completed proposal, the school district board shall hold a public hearing on the provisions of the proposal.
(3) The school district board shall evaluate a proposal in good faith using the following criteria:
(a) The demonstrated, sustainable support for the public charter school by teachers, parents, students and other community members, including comments received at the public hearing held under subsection (2) of this section;
(b) The demonstrated financial stability of the public charter school, including the demonstrated ability of the school to have a sound financial management system that is in place at the time the school begins operating and that meets the requirements of ORS 338.095 (1);
(c) The capability of the applicant, in terms of support and planning, to provide comprehensive instructional programs to students pursuant to an approved proposal;
(d) The capability of the applicant, in terms of support and planning, to specifically provide, pursuant to an approved proposal, comprehensive instructional programs to students identified by the applicant as academically low achieving;
(e) The adequacy of the information provided as required by ORS 338.045 (2) and (3);
(f) Whether the value of the public charter school is outweighed by any directly identifiable, significant and adverse impact on the quality of the public education of students residing in the school district in which the public charter school will be located;
(g) Whether there are arrangements for any necessary special education and related services for children with disabilities pursuant to ORS 338.165;
(h) Whether there are alternative arrangements for students and for teachers and other school employees who choose not to attend or who choose not to be employed by the public charter school; and
(i) The prior history, if any, of the applicant in operating a public charter school or in providing educational services.
(4) The school district board must approve a proposal or state in writing the reasons for disapproving a proposal within 30 days after the public hearing held under subsection (2) of this section.
(5)(a) Written notice of the school district board’s action shall be sent to the applicant. If the proposal is not approved:
(A) The reasons for the denial and suggested remedial measures, if any, shall be clearly stated in the notice sent by the school district board to the applicant; and
(B) The applicant may amend the proposal to address objections and any suggested remedial measures and resubmit the proposal to the school district board.
(b) The school district board shall approve or disapprove the resubmitted proposal within 30 days after receiving it. If the proposal is not approved, the applicant may appeal the decision of the school district board to the State Board of Education.
(c) When the State Board of Education receives an appeal under this subsection, the board may review the resubmitted proposal only to determine whether:
(A) The school district board used the process required by this section in denying the proposal;
(B) The proposal meets the criteria described in subsection (3) of this section; and
(C) The reasons stated by the school district board for the denial are valid.
(d) Following a review described in paragraph (c) of this subsection, the State Board of Education may:
(A) Uphold the decision of the school district board to disapprove the proposal; or
(B) Remand the proposal to the school district board for reconsideration.
(6)(a) Individual elements in a public charter school proposal may be changed through the proposal and chartering process by mutual agreement of the school district board and the applicant.
(b) If the school district board and the applicant are unable to agree on a change during the proposal or chartering process, the school district board or the applicant may request mediation by the State Board of Education.
(c) If the school district board and the applicant are unable to reach an agreement following mediation as described in paragraph (b) of this subsection, the proposal submitted under ORS 338.045, without the change that was the subject of mediation, shall be the proposal that governs the public charter school and:
(A) The parties may execute the charter for the public charter school based on the proposal;
(B) The applicant may withdraw the proposal; or
(C) The school district board may disapprove the proposal.
(7) Before an existing public school is converted to a public charter school, the proposal for the conversion must be approved by the school district board of the public school.
(8) Entities described in ORS 338.005 (4) may not charge any fee to applicants for the proposal process.
(9) Upon request by a school district, the State Board of Education may grant an extension of any timeline required by this section if the district has good cause for requesting the extension. [1999 c.200 §7; 2005 c.209 §27; 2009 c.691 §5; 2011 c.684 §5; 2011 c.695 §§3,10; 2013 c.265 §§3,4; 2013 c.327 §§4,5; 2018 c.72 §7]