# COMAR Title 13A — State Board of Education

## Subtitle 02 — Local School Administration

### Chapter 10 — Maryland Public Charter School Program

#### Regulation .02 Definitions.

*COMAR 13A.02.10.02*

A. In this chapter, the following terms have the meanings indicated.

B. Terms Defined.

  (1) “Buy back” means a good or service that a public charter school elects to purchase from the local school system.

  (2) “In-kind service” means a service offered by the local school system to a public charter school and accepted by the public charter school without charge.

  (3) “Public charter school” means a public school that:

    (a) Is nonsectarian in all its programs, policies, and operations;

    (b) Is a school to which parents choose to send their children;

    (c) Except as provided in Education Article, §§
                      9-102.
                      1,
                      9-102.
                      2, and
                      9-102.3, Annotated Code of Maryland, is open to all students on a space-available basis and admits students on a lottery basis if more students apply than can be accommodated;

    (d) Is a new public school or a conversion of an existing public school;

    (e) Provides a program of elementary or secondary education or both;

    (f) Operates in pursuit of a specific set of educational objectives;

    (g) Is tuition-free;

    (h) Is subject to federal and State laws prohibiting discrimination;

    (i) Is in compliance with all applicable health and safety laws;

    (j) Is in compliance with
                      Education Article, §9-107, Annotated Code of Maryland;

    (k) Operates under the supervision of the public chartering authority from which its charter is granted and in accordance with its charter and, except as provided in Education Article, §§
                      9-104.
                      1 and
                      9-106, Annotated Code of Maryland, the provisions of law and regulation governing other public schools;

    (l) Requires students to be physically present on school premises for a period of time substantially similar to that which other public school students spend on school premises; and

    (m) Is created in accordance with
                      Education Article, Title 9, Annotated Code of Maryland, this chapter, and the appropriate local board policy.

  (4) “Special education adjustment” means an amount that:

    (a) Equals the difference between:

      (i) A local school system’s actual expenditures on special education services and special education transportation during the prior fiscal year; and

      (ii) The local, State, and federal revenue dedicated to those costs that the local school system received the prior fiscal year; and

    (b) Is allocated to meet the needs of students with disabilities in the local school system, including students with disabilities enrolled in public charter schools.
