(2) A public charter school may lease, purchase, construct, reconstruct, improve, repair, equip or furnish a school, or any other facility where students receive instruction, in another school district and may expend funds available to the public charter school for such purposes if the public charter school provides written notice to the sponsor of the public charter school and to the district school board of the school district in which the school or facility will be located. The written notice required by this subsection must be provided prior to the first day on which students will attend classes in the school or receive instruction at the facility.
(3) If a district school board or public charter school opens or operates a school or facility in another school district and does not obtain the written permission required by subsection (1) of this section or provide the written notice required by subsection (2) of this section, the board of the school district in which the school or facility has been opened or operated may file a complaint with the Superintendent of Public Instruction. Upon receipt of a complaint, the superintendent shall schedule a contested case hearing pursuant to ORS 183.413 to 183.470.
(4) Upon a determination that the written permission required by subsection (1) of this section was not obtained or the written notice required by subsection (2) of this section was not provided, the superintendent shall withhold State School Fund moneys otherwise allocated to the school district or due to the public charter school under ORS 338.155. The superintendent shall withhold moneys until the written permission is obtained or the written notice is provided, or until some other date determined by the superintendent. [2001 c.169 §2; 2015 c.75 §1]
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