Coquille School District 8 v. Castillo

159 P.3d 338, 212 Or. App. 596, 2007 Ore. App. LEXIS 700
CourtCourt of Appeals of Oregon
DecidedMay 16, 2007
Docket04C17414; A128485
StatusPublished
Cited by2 cases

This text of 159 P.3d 338 (Coquille School District 8 v. Castillo) is published on Counsel Stack Legal Research, covering Court of Appeals of Oregon primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Coquille School District 8 v. Castillo, 159 P.3d 338, 212 Or. App. 596, 2007 Ore. App. LEXIS 700 (Or. Ct. App. 2007).

Opinion

EDMONDS, P. J.

This case involves the refusal of the State Superintendent of Public Instruction (the superintendent) to provide funding to Coquille School District 8 (the district) for a projected number of students anticipated to attend a school known as the Coquille-Oregon Independent Distance Education Academy (COR-IDEA), on the ground that the school did not qualify as a public charter school under state law. The district sought review of the superintendent’s decision in the circuit court as an order in other than a contested case under ORS 183.484. After both parties moved for summary judgment, the circuit court denied the district’s motion and granted the superintendent’s motion under ORCP 47 C. The district appeals, and we affirm for the reasons explained below.'

In April 2003, the district approved the charter for COR-IDEA. In December 2003, the district superintendent submitted to the state Department of Education the projected number of students who would be attending schools in the district for the 2004-05 school year. That estimate, which was revised in March 2004, included an anticipated 1,450 students enrolling in COR-IDEA during that school year. In a July 2004 letter to the district superintendent, the superintendent refused to provide funding for the students attending COR-IDEA on the ground that the school did not qualify as a public charter school. That refusal led to the proceedings outlined above.

Under the COR-IDEA charter,

“The mission of [COR-IDEA] is to provide resources and support to parents who have elected to educate their children in the home. * * * COR-IDEA brings a fresh approach of mutual trust among parents and schools in Oregon, by honoring and supporting parental choice in instructional materials and methodology based upon the needs of each and every individual child.”

According to the charter, “[t]he COR-IDEA target students are those who are receiving education and educational support including curriculum, Instruction and assessment through a home based educational program.” In describing [599]*599the curriculum, the charter states: “As the teachers work with the families to develop the Individual Learning Plans (ILP’s) for the students, care is taken to help the families choose grade level and course appropriate material that will allow the student to be successful in the selected course and grade level.” Regarding assessment of students’ learning, the charter explains, “Contact teachers are available to help parents in examining and choosing assessment options.” “At the high school level,” according to the charter, “the parent and student submit a plan to the contact teacher for coursework that permits the student flexibility while satisfying state learning goals for each course.” The charter also provides that COR-IDEA “operates as a home based educational program. As such, many of the issues of student behavior and discipline procedures become the responsibility and venue of the parent and home.” Finally, the charter states that the “COR-IDEA contact teacher is available to work together with the parent and student to choose content goals for the year as reported on the Individual Learning Plan (ILP).”

The COR-IDEA charter includes a proposed budget that assumes an enrollment of 1,500 students. That budget includes funding for 14 full-time-equivalent (FTE) “certificated” teachers, consisting of 12 general education teachers and two special education teachers. Under the charter, COR-IDEA “students and parents record horns worked by the students,” and those records are “monitored” by teachers and staff. Parents submit a time sheet at least once every two weeks.

On appeal to this court, the district makes four assignments of error. We turn first to the district’s fourth assignment, in which it makes a procedural challenge to the grant of summary judgment to the superintendent. Citing Powell v. Bunn, 185 Or App 334, 338-39, 59 P3d 559 (2002), rev den, 336 Or 60 (2003), the district asserts that “the general standard for summary judgment — viewing factual disputes in the light most favorable to a nonmoving party— prevents the [superintendent] from obtaining summary judgment on judicial review under ORS 183.484 where the facts in an administrative order are at issue.” In a related argument, the district claims that the circuit court “erred as a matter of law in granting the Superintendent’s summary [600]*600judgment [motion] prior to creation of a record as required under ORS 183.484.”

In Powell, we addressed the interaction between the judicial review of an order in other than a contested case under ORS 183.484 and the summary judgment standard in ORCP 47 C. Under ORS 183.484(5)(c), the circuit court, in reviewing an order in other than a contested case, “shall set aside or remand the order if it finds that the order is not supported by substantial evidence in the record.” That same provision states that “[substantial evidence exists to support a finding of fact when the record, viewed as a whole, would permit a reasonable person to make that finding.” On appeal of a judgment in a case involving such an order, the Powell court explained, “our function is to determine whether the circuit court correctly applied the standards of its review under ORS 183.484. ” 185 Or App at 338-39.

In contrast to the standard of review applicable to a proceeding that arises under ORS 183.484, a motion made under ORCP 47 implicates a different standard. Each party that moves for summary judgment under that rule has the burden of demonstrating that there are no material issues of fact and that the movant is entitled to judgment as a matter of law, after viewing the evidence and all reasonable inferences arising therefrom in the light most favorable to the nonmoving party. 185 Or App at 338.

In Powell, the plaintiff sought judicial review of the superintendent’s order in circuit court pursuant to ORS 183.484, and also pleaded civil claims for declaratory and injunctive relief. As we observed in Powell, the summary judgment standard of review could be applied without difficulty to the issues on appeal arising out of the grant of summary judgment on the claims for declaratory and injunctive relief. We turned then to the judicial review of the superintendent’s administrative order and initially observed that the summary judgment standard for viewing the evidence was inappropriate in light of the fact that our review of factual issues under ORS 183.484 is limited to whether the circuit court correctly decided that the superintendent’s order was supported by substantial evidence. 185 Or App at 339.

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Cite This Page — Counsel Stack

Bluebook (online)
159 P.3d 338, 212 Or. App. 596, 2007 Ore. App. LEXIS 700, Counsel Stack Legal Research, https://law.counselstack.com/opinion/coquille-school-district-8-v-castillo-orctapp-2007.