1. (1) An applicant or tribal applicant must submit proposals to the local school district board and the State Board of Education.

2. (2) Upon receipt of a proposal from an applicant or tribal 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 or tribal 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.

   1. (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.
   2. (b) The district may disapprove the proposal if the applicant or tribal applicant does not provide a proposal that is complete within the reasonable opportunity as provided in subparagraph (a) of this paragraph.

   3. (c) For a proposal that has been disapproved under (b), the applicant or tribal 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:

      1. (A) Not complete and uphold the decision of the school district board; or
      2. (B) Complete and remand the proposal to the school district for consideration.

3. (3) The State Board of Education delegates to the Director of the Oregon Department of Education or the director's 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 director or the director's designee shall be considered an order in other than a contested case under ORS 183.484. The final order shall:

   1. (a) Uphold the decision of the school district board; or
   2. (b) Remand the proposal to the school district for consideration.
4. (4) The director or the director's designee shall issue a final order within 30 days of receiving the notice of appeal from the applicant. The director or the director's designee shall send a copy of the final order to the applicant or tribal applicant and the school district.

Statutory/Other Authority

ORS 338.025

Statutes/Other Implemented

ORS 338.055

History

ODE 32-2026, amend filed 06/18/2026, effective 06/19/2026
ODE 62-2025, temporary amend filed 12/19/2025, effective 12/22/2025 through 06/19/2026
Renumbered from 581-020-0301, ODE 10-2014, f. & cert. ef. 2-19-14
ODE 11-2010, f. & cert. ef. 6-30-10
Reverted to ODE 13-2000, f. & cert. ef. 5-3-00
ODE 15-2009(Temp), f. & cert. ef. 12-10-09 thru 6-8-10
ODE 13-2000, f. & cert. ef. 5-3-00