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.]