# COMAR Title 13A — State Board of Education

## Subtitle 02 — Local School Administration

### Chapter 10 — Maryland Public Charter School Program

#### Regulation .05 Waiver for Converted Public Charter Schools.

*COMAR 13A.02.10.05*

A. A local board may grant a waiver from
                  Education Article, §9-102(3), Annotated Code of Maryland, to:

  (1) A converted public charter school that:

    (a) Subject to
                      §B of this regulation, provides guaranteed placement through a lottery to students who live within the geographic attendance area established by the local board;

    (b) Is a low-performing school as identified by the local board;

    (c) Is above the county average rate for the percentage of students who are eligible for free and reduced price meals; and

    (d) Meets a strategic need of the local school system, as identified in the local board’s public charter school policy developed under
                      Education Article, §9-110, Annotated Code of Maryland, that shall include at least one of the following elements:

      (i) Serving a high-need population;

      (ii) Increasing student performance;

      (iii) Increasing enrollment; or

      (iv) Increasing student diversity; or

  (2) A converted public charter school that is seeking renewal of an existing charter contract that was granted under
                    §A(1) of this regulation.

B. If a public charter school does not fill 100 percent of its available space under
                  §A(1) of this regulation, the public charter school shall admit students on a lottery basis to its remaining available space.