71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
 
 
                            Enrolled
 
                         Senate Bill 255
 
Printed pursuant to Senate Interim Rule 213.28 by order of the
  President of the Senate in conformance with presession filing
  rules, indicating neither advocacy nor opposition on the part
  of the President (at the request of Superintendent of Public
  Instruction Stan Bunn)
 
 
                     CHAPTER ................
 
 
                             AN ACT
 
 
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. + }
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Enrolled Senate Bill 255 (SB 255-INTRO)                    Page 1
 
 
 
 
 
Passed by Senate April 23, 2001
 
 
      ...........................................................
                                              Secretary of Senate
 
      ...........................................................
                                              President of Senate
 
Passed by House May 24, 2001
 
 
      ...........................................................
                                                 Speaker of House
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Enrolled Senate Bill 255 (SB 255-INTRO)                    Page 2
 
 
 
 
 
Received by Governor:
 
......M.,............., 2001
 
Approved:
 
......M.,............., 2001
 
 
      ...........................................................
                                                         Governor
 
Filed in Office of Secretary of State:
 
......M.,............., 2001
 
 
      ...........................................................
                                               Secretary of State
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Enrolled Senate Bill 255 (SB 255-INTRO)                    Page 3