Chapter 376 Oregon Laws 2001
AN ACT
SB 255
Relating to public charter
schools; creating new provisions; amending ORS 338.075; and declaring an
emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1.
ORS 338.075 is amended to read:
338.075. (1) If a school district board does not approve a
proposal to start a public charter school pursuant to ORS 338.055, the
applicant may request that the State Board of Education review the decision of
the school district board.
(2) Upon receipt of a request for review, the State Board
of Education:
(a) Shall attempt to mediate a resolution between the
applicant and the school district board.
(b) May recommend to the applicant and school district
board revisions to the application.
(c) If the school district board does not accept the
revisions to the application and the applicant agrees to the sponsorship, may
become the sponsor of the public charter school.
(3) Upon receipt of a request for review, in addition to
actions described in subsection (2) of this section and at any time during the
review process, the State Board of Education may reject a proposal to start a
public charter school [based on the
criteria listed in ORS 338.055 (2)]
if the school fails to meet the requirements of this chapter.
(4) 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 judgement directing the State
Board of Education to sponsor the public charter school.
SECTION 2.
The amendments to ORS 338.075 by section
1 of this 2001 Act apply to requests for review received by the State Board of
Education pursuant to ORS 338.075 on or after the effective date of this 2001
Act.
SECTION 3.
This 2001 Act being necessary for the
immediate preservation of the public peace, health and safety, an emergency is
declared to exist, and this 2001 Act takes effect on its passage.
Approved by the Governor
June 15, 2001
Filed in the office of
Secretary of State June 15, 2001
Effective date June 15, 2001
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