§ 9-104

693 words·~3 min read·/md/education/9-104

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

§9–104.

(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.

(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.

(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.

(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.

(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.

(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.