# Education (GED)

## Title 9. Maryland Public Charter School Program

### Subtitle 1

#### Section 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 Sec. 9-106 of this title; and

    (ii) A description of how a weighted lottery or the provision of guaranteed placement will be implemented under Sec.Sec. 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 Sec. 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 Sec. 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 Sec. 9-102.2 or Sec. 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 Sec. 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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Md. Code Ann., Educ. (as displayed at mgaleg.maryland.gov, October 16, 2026)