# COMAR Title 13A — State Board of Education

## Subtitle 02 — Local School Administration

### Chapter 10 — Maryland Public Charter School Program

#### Regulation .07 Applications to Establish Public Charter Schools.

*COMAR 13A.02.10.07*

A. Submission of Applications by Eligible Schools and Entities.

  (1) An application to establish a public charter school shall be submitted to the local 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 local board by:

    (a) The staff of a public school;

    (b) A parent or guardian of a student who attends a public school in the county;

    (c) A nonsectarian nonprofit entity;

    (d) A nonsectarian institution of higher education in the State; or

    (e) Any combination of persons specified in
                      §A(2) of this regulation.

  (3) An application shall include:

    (a) 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
                      Education Article, §9-106, Annotated Code of Maryland; and

    (b) A description of how a weighted lottery or the provision of guaranteed placement will be implemented under Education Article, §§
                      9-102.
                      2 and
                      9-102.3, Annotated Code of Maryland.

  (4) A public chartering authority may not grant a charter under this chapter to:

    (a) A private school;

    (b) A parochial school;

    (c) A home school; or

    (d) A school that operates fully online.

  (5) Timeline for Decision.

    (a) Except as provided in
                      §A(5)(b) of this regulation, the local 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 local board.

    (b) For a restructured school:

      (i) The local board shall review the application and render a decision within 30 days of receipt of the application;

      (ii) The local board may apply to the State Board for an extension of up to 15 days;

      (iii) If an extension is not granted, and 30 days have elapsed, the decision may be appealed to the State Board in accordance with
                        Education Article, §4-205(c), Annotated Code of Maryland; and

      (iv) If an extension has been granted, and 45 days have elapsed, the decision may be appealed to the State Board in accordance with
                        Education Article, §4-205(c), Annotated Code of Maryland.

  (6) Contingent Approval.

    (a) A public chartering authority may approve an application to operate a public charter school on a contingent basis subject to the conditions of
                      §A(6)(b) of this regulation.

    (b) The contingent approval granted under
                      §A(6)(a) of this regulation may be contingent on:

      (i) A public charter school’s ability to meet any timelines established by the public chartering authority for the securing of a facility; and

      (ii) Final approval by the public chartering authority regarding the suitability of the facility secured by the public charter school.

B. Separate Consideration of Weighted Lottery Process.

  (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
                    Education Article, §9-102.2 or 9-102.3, Annotated Code of Maryland, 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
                    §B(1) of this regulation may not be appealed to the State Board.

C. Inclusion of Staffing Model.

  (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 with a renewal application or with an amendment to an existing charter.

D. Denial of Application and Appeals.

  (1) If the local board denies an application to establish a public charter school, the applicant may appeal the decision to the State Board, in accordance with
                    Education Article, §4-205(c), Annotated Code of Maryland.

  (2) The State Board shall render a decision within 120 days of the filing of an appeal.

  (3) If the local 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 local board and may direct the local board to grant a charter and may, if necessary, mediate with the local board and the applicant to implement the charter.