§9–102.3.

    (a)    In accordance with § 9–104 of this title, a county board may grant a waiver from § 9–102(3) of this title to:

        (1)    A converted public charter school that:

            (i)    Subject to subsection (b) of this section, provides guaranteed placement through a lottery to students who live within the geographic attendance area established by the county board;

            (ii)    Is a low–performing school as identified by the county board;

            (iii)    Is above the county average rate for the percentage of students who are eligible for free and reduced price meals; and

            (iv)    Meets a strategic need of the local school system, as identified in the county board’s public charter school policy developed under § 9–110 of this title, that shall include at least one of the following elements:

                1.    Serving a high–need population;

                2.    Increasing student performance;

                3.    Increasing enrollment; or

                4.    Increasing student diversity; or

        (2)    A converted public charter school that is seeking renewal of an existing charter contract that was granted under item (1) of this subsection.

    (b)    If a public charter school does not fill 100% of its available space under subsection (a)(1) of this section, the public charter school shall admit students on a lottery basis to its remaining available space.