1. (1) A tribal applicant may submit proposals directly to the State Board of Education for consideration.

   1. (a) A tribal applicant must submit a notice of intent to apply to the State Board of Education at least 45 days prior to submitting a proposal to the State Board of Education. The notice must identify the proposed location of the charter school and the school district the tribal applicant intends to provide notice to in in paragraph (2) of this section.
   2. (b) A tribal applicant must submit a proposal at least 180 days prior to the date on which the public charter school would begin operating.

2. (2)

   1. (a) A tribal applicant that intends to submit a proposal directly to the State Board of Education, must provide a written notice to the school district according to ORS 338.075(4)(b)(C).
   2. (b) Notice must be provided to the school district at least 30 days prior to submitting a proposal to the State Board of Education.
3. (3) Proposals submitted by tribal applicants to the State Board shall minimally include the proposal requirements listed in ORS 338.045. If the State Board adds additional proposal requirements, it will publish these requirements by July 1 each year and provide technical assistance to interested tribal applicants.

4. (4)

   1. (a) Upon receipt of a proposal from a tribal applicant, the State Board of Education 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 State Board of Education will notify the 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 State Board of Education would nonetheless be complete.
   2. (b) If the State Board of Education deems a proposal to be incomplete, the State Board of Education must identify the specific elements that are not complete and provide a reasonable opportunity to complete the proposal.
5. (5) 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 receive charter school proposals from tribal applicants. This delegation to the director or the director's designee includes determining the form, contents, procedures, timelines, and conducting a timely review. 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.

Statutory/Other Authority

ORS 338.025

Statutes/Other Implemented

ORS 338.075

History

ODE 32-2026, adopt filed 06/18/2026, effective 06/19/2026
ODE 62-2025, temporary adopt filed 12/19/2025, effective 12/22/2025 through 06/19/2026