Section 9-104 - Public charter school - Application.

§ 9-104. Public charter school - Application.
 

(a)  In general.-  

(1) An application to establish a public charter school shall be submitted to the county board of the county in which the charter school will be located. 

(2) An application to establish a public charter school may be submitted to a county board by: 

(i) The staff of a public school; 

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

(iii) A nonsectarian nonprofit entity; 

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

(v) Any combination of persons specified in items (i) through (iv) of this paragraph. 

(3) A public chartering authority may not grant a charter under this title to: 

(i) A private school; 

(ii) A parochial school; or 

(iii) A home school. 

(4) (i) Except as provided in subparagraph (ii) of this paragraph, the county board shall review the application and render a decision within 120 days of receipt of the application. 

(ii) For a restructured school: 

1. The county board shall review the application and render a decision within 30 days of receipt of the application; 

2. The county board may apply to the State Board for an extension of up to 15 days from the time limit imposed under item 1 of this subparagraph; 

3. If an extension is not granted, and 30 days have elapsed, the State Board may become a chartering authority; and 

4. If an extension has been granted, and 45 days have elapsed, the State Board may become a chartering authority. 

(b)  Denial and appeal.-  

(1) If the county board denies an application to establish a public charter school, the applicant may appeal the decision to the State Board, in accordance with § 4-205(c) of this article. 

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

(3) If the county board denies an application to establish a public charter school and the State Board reverses the decision, the State Board may direct the county board to grant a charter and shall mediate with the county board and the applicant to implement the charter. 
 

[2003, ch. 358.]