§ 9–109
Statutes in effect as of October 1, 2026.
Md. Code Ann., Educ. § 9-109 (2026)
Title 9. Maryland Public Charter School Program
Subtitle 1
§ 9–109LinkCopy Citation
(a)
A county board shall disburse to a public charter school an amount of county, State, and federal money for elementary, middle, and secondary students that is commensurate with the amount disbursed to other public schools in the local jurisdiction.
(b)
The State Board or the county board may give surplus educational materials, supplies, furniture, and other equipment to a public charter school.
(c)
(1)
In this subsection, “public charter school facilities” means premises that are:
(i)
Owned or leased by a public charter school; or
(ii)
Occupied and utilized by a public charter school to provide a program of primary or secondary education to its students.
(2)
(i)
(1)
Subject to subsubparagraph 2 of this subparagraph, the Interagency Commission on School Construction shall distribute funds to public charter schools in accordance with this subsection for capital improvements to public charter school facilities, debt service, or rent or lease payments.
(2)
A public charter school may receive funds under this subsection only if the operator’s most recent required certified financial audit is unqualified.
(ii)
Funds disbursed under subparagraph (i) of this paragraph shall be paid directly to the public charter school and may not be paid to a local governing body or county board.
(3)
If a public charter school is located in a building owned by the local school system, the Interagency Commission on School Construction may not distribute funds to the public charter school for capital improvements to the school facility, debt service, or rent or lease payments under this subsection in fiscal years during which the school facility is undergoing a project that is receiving State funding through the Capital Improvement Program.
(4)
If the total amount of the Capital Improvement Program in a fiscal year is less than the total amount in the prior fiscal year, the amount of funds distributed to public charter schools under this subsection for the fiscal year shall be proportionately reduced.
(5)
The Interagency Commission on School Construction may not use funds distributed to a public charter school under this subsection as justification to reduce the amount provided to a local school system through the Capital Improvement Program.
(6)
A public charter school that receives funds under this subsection during a fiscal year shall report to the Interagency Commission on School Construction on the status of any project for capital improvements to public charter school facilities, debt service, or rent or lease payments before the public charter school may receive funds for the following fiscal year.
(7)
For fiscal year 2028 and each fiscal year thereafter, the Governor shall include in the annual budget bill an appropriation for capital improvements to public charter school facilities, debt service, or rent or lease payments that is equal to the total aggregate student enrollment in the Maryland Public Charter School Program for the prior fiscal year multiplied by $200.
(8)
(i)
The Interagency Commission on School Construction shall adopt regulations to carry out this subsection.
(ii)
In the regulations adopted under subparagraph (i) of this paragraph, the Interagency Commission on School Construction shall include regulations that:
(1)
Establish the procedures to comply with paragraph (3) of this subsection if a local school system submits a mid–year capital project funding request; and
(2)
Ensure a public charter school receives funds under this subsection if the local school system rescinds a capital project funding request and the public charter school is subsequently eligible for funding under this subsection.