ORS 338.075 Review of school district board decision; sponsorship by State Board of Education; judicial review

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.

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:

The school district board used the process required by ORS 338.055 in denying the proposal;

The proposal meets the criteria described in ORS 338.055 (3); and

The reasons stated by the school district board for the denial are valid.

Following a review described in paragraph

of this subsection, the State Board of Education may:

Uphold the decision of the school district board to disapprove the proposal;

Remand the proposal to the school district board for reconsideration if the school district board and applicant agree to the remand; or

Consider becoming the sponsor of the public charter school if the applicant agrees to the sponsorship.

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.