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Statutes Text

Article - Education




§9–104.

    (a)    (1)    An application to establish a public charter school shall be submitted to the county board of the county in which the public charter school will be located.

        (2)    An application to establish a public charter school may be submitted to a county board by:

            (i)    The staff of a public school;

            (ii)    A parent or guardian of a student who attends a public school in the county;

            (iii)    A nonsectarian nonprofit entity;

            (iv)    A nonsectarian institution of higher education in the State; or

            (v)    Any combination of persons specified in items (i) through (iv) of this paragraph.

        (3)    An application shall include:

            (i)    A plan to provide a rigorous program of instruction that includes an equivalent method for satisfying any requirements from which the public charter school operator intends to seek a waiver under § 9–106 of this title; and

            (ii)    A description of how a weighted lottery or the provision of guaranteed placement will be implemented under §§ 9–102.2 and 9–102.3 of this title.

        (4)    A public chartering authority may not grant a charter under this title to:

            (i)    A private school;

            (ii)    A parochial school;

            (iii)    A home school; or

            (iv)    A school that operates fully online.

        (5)    (i)    Except as provided in subparagraph (ii) of this paragraph, the county board shall review the application and render a decision within 120 days of receipt of the application and in accordance with the application procedures adopted by the county board.

            (ii)    For a restructured school:

                1.    The county board shall review the application and render a decision within 30 days of receipt of the application;

                2.    The county board may apply to the State Board for an extension of up to 15 days from the time limit imposed under item 1 of this subparagraph;

                3.    If an extension is not granted, and 30 days have elapsed, the decision may be appealed to the State Board in accordance with § 4–205(c) of this article; and

                4.    If an extension has been granted, and 45 days have elapsed, the decision may be appealed to the State Board in accordance with § 4–205(c) of this article.

        (6)    (i)    A public chartering authority may approve an application to operate a public charter school on a contingent basis subject to the conditions of subparagraph (ii) of this paragraph.

            (ii)    The contingent approval granted under subparagraph (i) of this paragraph may be contingent on:

                1.    A public charter school’s ability to meet any timelines established by the public chartering authority for the securing of a facility; and

                2.    Final approval by the public chartering authority regarding the suitability of the facility secured by the public charter school.

    (b)    (1)    If an application to establish a public charter school includes a description of the implementation of a weighted lottery that gives priority to students in a specific geographic attendance area in accordance with § 9–102.2 or § 9–102.3 of this title, the public chartering authority may approve or reject this provision separately from the application as a whole.

        (2)    A decision of a public chartering authority under paragraph (1) of this subsection may not be appealed to the State Board.

    (c)    (1)    An application to establish a public charter school may include a staffing model, including provisions for staff recruitment, training, evaluation, and professional development.

        (2)    A public charter school may submit a staffing model as provided in paragraph (1) of this subsection with a renewal application or with an amendment to an existing charter.

    (d)    (1)    If the county board denies an application to establish a public charter school, the applicant may appeal the decision to the State Board, in accordance with § 4–205(c) of this article.

        (2)    The State Board shall render a decision within 120 days of the filing of an appeal under this subsection.

        (3)    If the county board denies an application to establish a public charter school and the State Board reverses the decision, the State Board shall remand the matter to the county board and may direct the county board to grant a charter and may, if necessary, mediate with the county board and the applicant to implement the charter.



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