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§ 9-104. Applications to establish public charter schools

West's Annotated Code of MarylandEducationEffective: June 1, 2015

West's Annotated Code of Maryland
Education (Refs & Annos)
Division II. Elementary and Secondary Education [Titles 2-9.5] (Refs & Annos)
Title 9. Maryland Public Charter School Program (Refs & Annos)
Effective: June 1, 2015
MD Code, Education, § 9-104
§ 9-104. Applications to establish public charter schools
Currentness
Submission of applications by eligible schools and entities
(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.
Separate consideration of weighted lottery process
(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.
Inclusion of staffing model
(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.
Denial of application and appeals
(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.

Credits

Added by Acts 2003, c. 358, § 1, eff. July 1, 2003. Amended by Acts 2015, c. 311, § 1, eff. June 1, 2015.
MD Code, Education, § 9-104, MD EDUC § 9-104
Current through legislation effective through April 9, 2023, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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