<?xml version='1.0' encoding='utf-8'?>
<regulation prefix="Regulation" num=".08" citation="COMAR 13A.02.10.08" title_num="13A" subtitle_num="02" chapter_num="10" heading="Renewal of Certain Public Charter School Contracts.">
  <paragraph num="A.">
    <text>In this regulation, “eligible public charter school” means a public charter school that has been in existence for at least 5 years and demonstrates to the public chartering authority a history of:</text>
    <paragraph num="(1)">
      <text>Sound fiscal management; and</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Student achievement that exceeds the average in the local school system in which the public charter school is located on:</text>
      <paragraph num="(a)">
        <text>Statewide assessments; and</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Other measures developed by the State Board.</text>
      </paragraph>
    </paragraph>
  </paragraph>
  <paragraph num="B.">
    <text>Submission of Application to Public Chartering Authority:</text>
    <paragraph num="(1)">
      <text>An eligible public charter school may submit to a public chartering authority:</text>
      <paragraph num="(a)">
        <text>An application for renewal of an existing charter contract that incorporates the provisions of
                      §D of this regulation; or</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Subject to
                      §B(2) of this regulation, an application for an addendum to an existing charter contract that incorporates the provisions of
                      §D of this regulation.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(2)">
      <text>An eligible public charter school may not submit an application under
                    §B(1)(b) of this regulation more than one time during the duration of an existing charter contract.</text>
    </paragraph>
  </paragraph>
  <paragraph num="C.">
    <text>If the public chartering authority determines that a public charter school is not an eligible public charter school, the public charter school may appeal the decision to the State Board in accordance with
                  Education Article, §4-205(c), Annotated Code of Maryland.</text>
  </paragraph>
  <paragraph num="D.">
    <text>If an eligible public charter school and a public chartering authority mutually agree to an alternative means by which the eligible public charter school will satisfy the intent of the policies of the public chartering authority, an eligible public charter school is exempt from:</text>
    <paragraph num="(1)">
      <text>Textbook, instructional program, curriculum, professional development, and scheduling requirements;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>A requirement to establish a school community council;</text>
    </paragraph>
    <paragraph num="(3)">
      <text>Except for Title I schools, a requirement to establish a school improvement plan;</text>
    </paragraph>
    <paragraph num="(4)">
      <text>Except for schools with a school activity fund, a requirement to provide school activity fund disclosure statements; and</text>
    </paragraph>
    <paragraph num="(5)">
      <text>Except for prekindergarten classes, class size or staffing ratios.</text>
    </paragraph>
  </paragraph>
  <paragraph num="E.">
    <text>A public chartering authority and an eligible public charter school may jointly develop and mutually agree to a communication process and supervision methodology that flows among the local board, the operator, and the administration of the eligible public charter school.</text>
  </paragraph>
  <paragraph num="F.">
    <text>Assignment of Staff.</text>
    <paragraph num="(1)">
      <text>An eligible public charter school may not be assigned a principal without the written consent of the operator of the eligible public charter school.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Staff Assignment and Transfer.</text>
      <paragraph num="(a)">
        <text>Staff members shall be assigned or transferred to an eligible public charter school if the staff member expresses in writing that the staff member wants to work in that eligible public charter school and the eligible public charter school requests in writing that the staff member be assigned or transferred to the eligible public charter school, provided there is an existing vacancy.</text>
      </paragraph>
      <paragraph num="(b)">
        <text>A transfer authorized under
                      §F(2)(a) of this regulation shall take place as designated by the agreement of the local bargaining unit in the local school system.</text>
      </paragraph>
    </paragraph>
  </paragraph>
  <paragraph num="G.">
    <text>Nothing in this regulation may be construed to take precedence over an agreement of a local bargaining unit in a local school system.</text>
  </paragraph>
  <paragraph num="H.">
    <text>Except as otherwise provided in this regulation, an eligible public charter school is subject to the provisions of this chapter.</text>
  </paragraph>
</regulation>