HOUSE BILL 131 
 
Unofficial Copy  		2002 Regular Session 
F1 		2lr0623 
HB 29/01 - W&M 		CF 2lr0624 
 
____________________________________________________________________________________ 
By: Delegates Leopold, Rawlings, Flanagan, Marriott, Greenip, Cadden,
	Rosso, Cryor, and Boschert
Introduced and read first time: January 15, 2002
Assigned to: Ways and Means
_____________________________________________________________________________________ 
Committee Report: Favorable with amendments
House action: Adopted
Read second time: March 21, 2002
_____________________________________________________________________________________ 

CHAPTER_______ 
 
   1  AN ACT concerning

   2  					Public Charter School Act of 2002

   3  FOR the purpose of authorizing the county boards of education to be the public
   4  	chartering authorities for public charter schools in the State; establishing the
   5  	rights and duties of the county boards as public chartering authorities;
   6  	enumerating the entities that may or may not apply for a charter; permitting
   7  	existing public schools to convert to public charter schools under certain
   8  	circumstances; requiring the county boards to establish an application process
   9  	for charter schools; specifying certain application requirements; establishing
  10  	certain procedures for applicants; establishing an appeals process for applicants
  11  	who have been denied a charter; authorizing the State Board to direct a county
  12  	board to grant a charter under certain circumstances; requiring certain charter
  13  	agreements between the public charter schools and the county boards;
  14  	establishing certain rights and duties of public charter schools; establishing an
  15  	admissions policy for public charter schools; prohibiting the charging of tuition
  16  	and certain fees at public charter schools; establishing certain requirements for
  17  	construction and development of facilities for public charter schools; authorizing
  18  	the State Board of Education or the county boards of education to grant public
  19  	charter schools certain waivers under certain circumstances; requiring the
  20  	county boards to provide certain funding for public charter schools; authorizing
  21  	negotiations between the public charter schools and the county boards
  22  	concerning certain funding; requiring public charter schools and the parents of
  23  	students at the schools to provide for transportation of the students attending
  24  	the schools; authorizing negotiations between the public charter schools and the
  25  	county boards concerning transportation; requiring a member of the
  26  	professional staff to hold a certain certification; specifying certain rights for
  27  	employees of public charter schools; establishing a general grievance and 

2						HOUSE BILL 131 

   1  	appeals process for certain persons; requiring the county boards to grant initial
   2  	charters for public charter schools for up to a certain number of years; providing
   3  	that the county boards may renew charters for subsequent periods for up to a
   4  	certain number of years; requiring a certain review for renewal of a charter;
   5  	requiring annual assessments of public charter schools; requiring dissemination
   6  	of certain reports by charter schools; establishing the conditions for revocation of
   7  	the charters, as well as an appeals process; permitting county boards to recover
   8  	certain property from former public charter schools; specifying the rights of
   9  	students at public charter schools; authorizing the county boards to recover
  10  	certain unspent funds from public charter schools; authorizing the State Board,
  11  	in consultation with the county boards, to adopt regulations pertaining to public
  12  	charter schools; defining a certain term; requiring the State Board to submit an
  13  	evaluation and report concerning public charter schools by a certain date; and
  14  	generally relating to the establishment of public charter schools in the State.

  15  BY repealing and reenacting, without amendments,
  16  	Article - Education
  17  	Section 1-101(d), (e), (f), and (l)
  18  	Annotated Code of Maryland
  19  	(2001 Replacement Volume)

  20  BY adding to
  21  	Article - Education
  22  	Section 9-101 through 9-121, inclusive, to be under the new title "Title 9. Public
  23  		Charter School Program"
  24  	Annotated Code of Maryland
  25  	(2001 Replacement Volume)

  26  	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
  27  MARYLAND, That the Laws of Maryland read as follows:

  28  					Article - Education

  29  1-101.

  30  	(d)	"County board" means the board of education of a county and includes the
  31  New Baltimore City Board of School Commissioners.

  32  	(e)	"County superintendent" means the county superintendent of schools of a
  33  county and includes the Chief Executive Officer of the New Baltimore City Board of
  34  School Commissioners.

  35  	(f)	"Department" means the State Department of Education.

  36  	(l)	"State Board" means the State Board of Education.

3						HOUSE BILL 131 

   1  				TITLE 9. PUBLIC CHARTER SCHOOL PROGRAM.

   2  9-101.

   3  	IN THIS TITLE, "PUBLIC CHARTER SCHOOL" MEANS A PUBLIC SCHOOL
   4  IDENTIFIED BY THE STATE BOARD AS A RECONSTITUTION SCHOOL OR
   5  RECONSTITUTION-ELIGIBLE SCHOOL ESTABLISHED UNDER TITLE 13A, SUBTITLE 01,
   6  CHAPTER 04 OF THE CODE OF MARYLAND REGULATIONS, OR A CHALLENGE SCHOOL
   7  UNDER § 5-204 OF THIS ARTICLE THAT:

   8  		(1)	IS CREATED IN ACCORDANCE WITH § 9-103 OF THIS TITLE
   9  AUTHORIZING THE GRANTING OF CHARTERS TO SCHOOLS;

  10  		(2)	IS DEVELOPED AS A NEW PUBLIC SCHOOL OR IS ADAPTED FROM AN
  11  EXISTING PUBLIC SCHOOL UNDER THIS TITLE;

  12  		(3)	IS OPERATED UNDER COUNTY BOARD AND STATE BOARD
  13  SUPERVISION AND DIRECTION;

  14  		(4)	HAS A SPECIFIC ACADEMIC FOCUS AND SET OF EDUCATIONAL
  15  GOALS ON WHICH THE APPLICANT AND THE AUTHORIZED PUBLIC CHARTERING
  16  AGENCY AGREE;

  17  		(5)	PROVIDES A PROGRAM OF ELEMENTARY OR SECONDARY
  18  EDUCATION, OR BOTH; AND

  19  		(6)	IS NONSECTARIAN IN ITS PROGRAMS, ADMISSIONS POLICIES,
  20  EMPLOYMENT PRACTICES, AND ALL OTHER OPERATIONS AND IS NOT AFFILIATED
  21  WITH A SECTARIAN SCHOOL OR RELIGIOUS INSTITUTION.

  22  9-102.

  23  	(A)	THE GENERAL ASSEMBLY FINDS THAT:

  24  		(1)	PUBLIC CHARTER SCHOOLS, AS PART OF THE PROGRAM OF PUBLIC
  25  EDUCATION OFFERED IN THE STATE, CAN:

  26  			(I)	PROVIDE INNOVATIVE LEARNING OPPORTUNITIES; AND

  27  			(II)	SERVE AS A MODEL FOR THE IMPLEMENTATION OF NEW
  28  EDUCATIONAL APPROACHES; AND

  29  		(2)	THESE INNOVATIVE LEARNING OPPORTUNITIES AND NEW
  30  EDUCATIONAL APPROACHES CAN LEAD TO IMPROVEMENT IN THE EDUCATION OF
  31  STUDENTS, PARTICULARLY AT-RISK STUDENTS IN LOW PERFORMING SCHOOLS.

  32  	(B)	THE GENERAL ASSEMBLY FURTHER FINDS THAT PUBLIC CHARTER
  33  SCHOOLS:

  34  		(1)	INCREASE THE EDUCATIONAL CHOICES AVAILABLE TO PARENTS
  35  AND STUDENTS;

4						HOUSE BILL 131 

   1  		(2)	CAN CREATE NEW PROFESSIONAL OPPORTUNITIES FOR TEACHERS;
   2  AND

   3  		(3)	CAN BE VEHICLES FOR EDUCATIONAL RESEARCH AND
   4  DEVELOPMENT.

   5  9-103.

   6  	(A)	THE PUBLIC CHARTERING AUTHORITY FOR THE ESTABLISHMENT OF
   7  PUBLIC CHARTER SCHOOLS IS THE COUNTY BOARD.

   8  	(B)	AS THE PUBLIC CHARTERING AUTHORITY, A COUNTY BOARD:

   9  		(1)	MAY GRANT CHARTERS THAT ESTABLISH PUBLIC CHARTER
  10  SCHOOLS;

  11  		(2)	SHALL MAKE AVAILABLE FOR DISSEMINATION INFORMATION
  12  CONCERNING THE ESTABLISHMENT, CURRICULUM, AND OPERATION OF PUBLIC
  13  CHARTER SCHOOLS IN THE COUNTY;

  14  		(3)	MAY REVOKE A CHARTER GRANTED UNDER THIS TITLE OR PLACE A
  15  CHARTER SCHOOL ON PROBATIONARY STATUS; AND

  16  		(4)	SHALL PROVIDE INSTRUCTIONAL AND FISCAL SUPERVISION TO A
  17  PUBLIC CHARTER SCHOOL.

  18  9-104. 

  19  	(A)	AN APPLICATION TO ESTABLISH A PUBLIC CHARTER SCHOOL MAY BE
  20  SUBMITTED TO A COUNTY BOARD BY:

  21  		(1)	THE STAFF OF A PUBLIC SCHOOL;

  22  		(2)	THE PARENTS OR GUARDIANS OF STUDENTS WHO ATTEND THE
  23  PUBLIC SCHOOLS IN THE COUNTY;

  24  		(3)	A PUBLIC INSTITUTION OF HIGHER EDUCATION IN THE STATE; OR

  25  		(4)	ANY COMBINATION OF THE STAFF OF A PUBLIC SCHOOL, THE
  26  PARENTS OR GUARDIANS OF STUDENTS WHO ATTEND THE PUBLIC SCHOOLS IN THE
  27  COUNTY, AND A PUBLIC INSTITUTION OF HIGHER EDUCATION IN THE STATE.

  28  	(B)	AN APPLICANT MAY ENGAGE THE SERVICES OF A NONPROFIT
  29  CORPORATION IN THE ESTABLISHMENT OF A PUBLIC CHARTER SCHOOL.

  30  	(C)	A COUNTY BOARD MAY NOT GRANT A CHARTER UNDER THIS TITLE TO:

  31  		(1)	A PRIVATE SCHOOL;

  32  		(2)	A PAROCHIAL SCHOOL; OR

5						HOUSE BILL 131 

   1  		(3)	A HOME SCHOOL.

   2  9-105. 

   3  	(A)	A COUNTY BOARD SHALL:

   4  		(1)	DETERMINE WHETHER TO ALLOW EXISTING PUBLIC SCHOOLS
   5  LOCATED IN THE COUNTY TO APPLY TO CONVERT TO A PUBLIC CHARTER SCHOOL;
   6  AND

   7  		(2)	ESTABLISH POLICIES AND REGULATIONS RELATING TO STUDENTS
   8  WHO ATTEND A PUBLIC SCHOOL BEING CONSIDERED FOR CONVERSION.

   9  	(B)	SUBJECT TO SUBSECTION (A) OF THIS SECTION, AN EXISTING PUBLIC
  10  SCHOOL MAY APPLY TO CONVERT TO A PUBLIC CHARTER SCHOOL IF:

  11  		(1)	AT LEAST TWO-THIRDS OF THE STAFF OF THE EXISTING PUBLIC
  12  SCHOOL AND AT LEAST TWO-THIRDS OF THE PARENTS OR GUARDIANS OF STUDENTS
  13  WHO ATTEND THE EXISTING PUBLIC SCHOOL SIGN A PETITION REQUESTING
  14  CONVERSION;

  15  		(2)	THE PETITION CALLS FOR AN ELECTION BY SECRET BALLOT
  16  CONDUCTED BY THE COUNTY BOARD TO DETERMINE IF THE SCHOOL SHOULD
  17  BECOME A PUBLIC CHARTER SCHOOL; AND

  18  		(3)	AT LEAST TWO-THIRDS OF THE STAFF OF THE EXISTING PUBLIC
  19  SCHOOL AND AT LEAST TWO-THIRDS OF THE PARENTS OR GUARDIANS OF STUDENTS
  20  WHO ATTEND THE EXISTING PUBLIC SCHOOL VOTE TO SUPPORT THE CONVERSION
  21  OF THE SCHOOL TO A PUBLIC CHARTER SCHOOL.

  22  9-106. 

  23  	(A)	A COUNTY BOARD SHALL DEVELOP AN APPLICATION PROCESS FOR
  24  PUBLIC CHARTER SCHOOLS IN THE COUNTY.

  25  	(B)	THE APPLICATION FOR A CHARTER SHALL INCLUDE:

  26  		(1)	THE IDENTITY OF THE APPLICANT OR APPLICANTS;

  27  		(2)	THE PROPOSED NAME OF THE SCHOOL, WHICH SHALL CONTAIN THE
  28  TERM "PUBLIC CHARTER SCHOOL";

  29  		(3)	TO THE EXTENT POSSIBLE, THE LOCATION AND A DESCRIPTION OF
  30  THE SCHOOL FACILITY;

  31  		(4)	THE PROPOSED STRUCTURE OF THE GOVERNING BOARD OF THE
  32  SCHOOL, INCLUDING:

  33  			(I)	THE QUALIFICATIONS FOR MEMBERS OF THE BOARD; AND

6						HOUSE BILL 131 

   1  			(II)	THE METHOD OF APPOINTMENT OR ELECTION OF THE
   2  MEMBERS;

   3  		(5)	WITH REGARD TO THE PURPOSE OF THE PUBLIC CHARTER SCHOOL:

   4  			(I)	THE ACADEMIC FOCUS AND EDUCATIONAL GOALS OF THE
   5  SCHOOL; AND

   6  			(II)	THE PROPOSED CURRICULUM OF THE SCHOOL;

   7  		(6)	A DESCRIPTION OF AND JUSTIFICATION FOR ANY WAIVER OF STATE
   8  OR LOCAL REGULATIONS THAT THE SCHOOL INTENDS TO REQUEST;

   9  		(7)	THE AGE OR GRADE RANGE OF STUDENTS TO BE ENROLLED;

  10  		(8)	THE SCHOOL CALENDAR AND SCHOOL DAY SCHEDULE;

  11  		(9)	A DESCRIPTION OF STAFF RESPONSIBILITIES;

  12  		(10)	A DESCRIPTION OF THE PROCEDURES TO BE IMPLEMENTED TO
  13  ENSURE SIGNIFICANT PARENT AND COMMUNITY INVOLVEMENT IN THE PLANNING
  14  AND THE OPERATION OF THE PUBLIC CHARTER SCHOOL;

  15  		(11)	THE FINANCIAL PLAN FOR THE PUBLIC CHARTER SCHOOL;

  16  		(12)	THE ADMISSIONS POLICY; AND

  17  		(13)	ANY OTHER INFORMATION THAT THE COUNTY BOARD OR THE STATE
  18  BOARD REQUIRES.

  19  9-107.

  20  	(A)	A COMPLETED APPLICATION TO ESTABLISH A PUBLIC CHARTER SCHOOL
  21  SHALL BE SUBMITTED TO THE COUNTY BOARD OF THE COUNTY IN WHICH THE
  22  CHARTER SCHOOL WILL BE LOCATED AT LEAST 425 DAYS BEFORE THE DATE ON
  23  WHICH THE APPLICANT WISHES TO OPEN THE SCHOOL.

  24  	(B)	(1)	THE COUNTY BOARD SHALL REVIEW THE APPLICATION AND RENDER
  25  A DECISION WITHIN 120 DAYS OF RECEIPT OF THE APPLICATION.

  26  		(2)	THE COUNTY BOARD MAY DELAY RENDERING A DECISION FOR AN
  27  ADDITIONAL 60 DAYS FOR CAUSE.

  28  		(3)	THE COUNTY BOARD MAY USE THE SERVICES OF AN OUTSIDE
  29  AGENCY IN THE EVALUATION OF THE APPLICATION.

  30  	(C)	IF THE COUNTY BOARD DENIES AN APPLICATION TO ESTABLISH A PUBLIC
  31  CHARTER SCHOOL, THE COUNTY BOARD SHALL INCLUDE WITH THE DENIAL THE
  32  REASONS FOR THE DENIAL.

7						HOUSE BILL 131 

   1  	(D)	IF THE APPLICATION IS DENIED, THE APPLICANT MAY APPEAL THE
   2  DECISION TO THE STATE BOARD.

   3  	(E)	THE DECISION OF THE STATE BOARD IS FINAL.

   4  	(F)	IF THE COUNTY BOARD DENIES AN APPLICATION TO ESTABLISH A PUBLIC
   5  CHARTER SCHOOL AND THE STATE BOARD REVERSES THE DECISION, THE STATE
   6  BOARD SHALL MAY DIRECT THE COUNTY BOARD TO GRANT A CHARTER.

   7  	(G)	AN APPLICANT THAT IS DENIED A CHARTER MAY REAPPLY FOR A
   8  CHARTER AFTER 1 YEAR FROM THE DECISION OF:

   9  		(1)	THE COUNTY BOARD; OR

  10  		(2)	THE STATE BOARD, IF THE DENIAL WAS APPEALED TO THE STATE
  11  BOARD.

  12  9-108. 

  13  	(A)	(1)	THE STATE BOARD MAY GRANT A WAIVER TO A PUBLIC CHARTER
  14  SCHOOL FROM SPECIFIC STATE EDUCATION REGULATIONS AND REQUIREMENTS.

  15  		(2)	THE COUNTY BOARD MAY GRANT A WAIVER TO A PUBLIC CHARTER
  16  SCHOOL FROM SPECIFIC LOCAL EDUCATION REGULATIONS AND REQUIREMENTS.

  17  	(B)	A PUBLIC CHARTER SCHOOL MAY BE GRANTED A WAIVER UNDER
  18  SUBSECTION (A) OF THIS SECTION IF THE SCHOOL DEMONSTRATES THAT A WAIVER
  19  WILL ADVANCE THE EDUCATIONAL GOALS AND OBJECTIVES OF THE SCHOOL.

  20  	(C)	THE STATE BOARD OR A COUNTY BOARD MAY NOT WAIVE A REGULATION
  21  OR REQUIREMENT PERTAINING TO THE CIVIL RIGHTS OR THE HEALTH AND SAFETY
  22  OF A STUDENT.

  23  9-109. 

  24  	(A)	A CHARTER THAT IS GRANTED BY A COUNTY BOARD TO A PUBLIC
  25  CHARTER SCHOOL SHALL CONSTITUTE A CONTRACT BETWEEN THE SCHOOL AND
  26  THE COUNTY BOARD.

  27  	(B)	THE CHARTER SHALL INCLUDE ALL AGREEMENTS BETWEEN THE PUBLIC
  28  CHARTER SCHOOL AND THE COUNTY BOARD, INCLUDING:

  29  		(1)	ANY WAIVERS OF SPECIFIC STATE AND LOCAL EDUCATION
  30  REGULATIONS OR REQUIREMENTS GRANTED TO THE SCHOOL;

  31  		(2)	MATTERS RELATING TO THE OPERATION OF THE SCHOOL,
  32  INCLUDING BUDGETING, CURRICULUM, THE ACQUISITION OF REAL PROPERTY, THE
  33  RECEIPT AND DISBURSEMENT OF FUNDS, DEBT POLICIES, AND THE SOLICITATION
  34  OF GIFTS AND GRANTS;

  35  		(3)	AUDIT REQUIREMENTS;

8						HOUSE BILL 131 

   1  		(4)	A PERFORMANCE AGREEMENT REQUIRING THAT THE ACADEMIC
   2  ACHIEVEMENT OF THE STUDENTS ENROLLED AT A PUBLIC CHARTER SCHOOL BE
   3  MEASURED ACCORDING TO:

   4  			(I)	STATE ASSESSMENTS REQUIRED BY THE STATE FOR OTHER
   5  PUBLIC SCHOOLS; AND

   6  			(II)	OTHER ASSESSMENTS MUTUALLY AGREEABLE TO THE COUNTY
   7  BOARD AND THE SCHOOL; AND

   8  		(5)	A DESCRIPTION OF INNOVATIVE LEARNING PROGRAMS TO BE
   9  IMPLEMENTED AND THE EDUCATIONAL RESEARCH OPPORTUNITIES TO BE
  10  IMPLEMENTED.

  11  	(C)	A PUBLIC CHARTER SCHOOL AND A COUNTY MAY AMEND THE TERMS OF
  12  THE CONTRACT ONLY BY WRITTEN MUTUAL AGREEMENT.

  13  9-110. 

  14  	(A)	A PUBLIC CHARTER SCHOOL SHALL EXIST WITHIN THE SCHOOL DISTRICT
  15  THAT IS GOVERNED BY THE COUNTY BOARD THAT ISSUED THE CHARTER TO THE
  16  SCHOOL.

  17  	(B)	A PUBLIC CHARTER SCHOOL SHALL OPERATE UNDER THE DIRECT
  18  SUPERVISION OF THE COUNTY BOARD IN ACCORDANCE WITH THE CHARTER
  19  GRANTED TO THE SCHOOL AND THE PROVISIONS OF LAW GOVERNING OTHER
  20  PUBLIC SCHOOLS IN THE COUNTY.

  21  9-111. 

  22  	(A)	A PUBLIC CHARTER SCHOOL SHALL:

  23  		(1)	BE OPEN TO ALL STUDENTS IN THE COUNTY ON A SPACE AVAILABLE
  24  BASIS; AND

  25  		(2)	SELECT STUDENTS TO ATTEND BY THE USE OF A LOTTERY IF MORE
  26  STUDENTS APPLY FOR ENROLLMENT IN THE SCHOOL THAN THERE ARE SPACES
  27  AVAILABLE.

  28  	(B)	A PUBLIC CHARTER SCHOOL SHALL GIVE PRIORITY IN ENROLLMENT TO:

  29  		(1)	A SIBLING OF A STUDENT WHO ATTENDS THE SCHOOL;

  30  		(2)	IF AN EXISTING PUBLIC SCHOOL CONVERTS TO A PUBLIC CHARTER
  31  SCHOOL UNDER § 9-105 OF THIS TITLE, A STUDENT WITHIN THE SCHOOL
  32  ATTENDANCE AREA AS DETERMINED BY THE COUNTY BOARD; AND

  33  		(3)	IF A SCHOOL IS ESTABLISHED BY A PARENT OR GUARDIAN OF A
  34  CHILD WHO ATTENDS A PUBLIC SCHOOL IN THE COUNTY, THE CHILD OF THAT
  35  PARENT OR GUARDIAN.

9						HOUSE BILL 131 

   1  	(C)	A PUBLIC CHARTER SCHOOL MAY NOT TAKE ANY ACTION THAT WOULD BE
   2  ILLEGAL IF THE ACTION WERE UNDERTAKEN BY A COUNTY BOARD.

   3  	(D)	UNLESS APPROVED BY THE COUNTY BOARD, A PUBLIC CHARTER SCHOOL
   4  MAY NOT CHARGE TUITION OR OTHER FEES THAT ARE NOT CHARGED BY A PUBLIC
   5  SCHOOL IN THE COUNTY.

   6  9-112. 

   7  	(A)	A COUNTY BOARD MAY NOT REQUIRE A STUDENT IN THE COUNTY TO
   8  ENROLL IN A PUBLIC CHARTER SCHOOL.

   9  	(B)	A STUDENT MAY WITHDRAW FROM A PUBLIC CHARTER SCHOOL AT ANY
  10  TIME.

  11  	(C)	A STUDENT AT A PUBLIC CHARTER SCHOOL SHALL BE SUBJECT TO THE
  12  SAME DISCIPLINARY RULES AND REGULATIONS AS A STUDENT AT A PUBLIC SCHOOL.

  13  	(D)	IF A STUDENT IS EXPELLED FROM A PUBLIC CHARTER SCHOOL, THE
  14  REMAINING FUNDS ALLOCATED BY THE COUNTY BOARD FOR THE STUDENT FOR THE
  15  CURRENT ACADEMIC YEAR SHALL REVERT TO THE COUNTY BOARD.

  16  9-113. 

  17  	(A)	SUBJECT TO THE APPROVAL OF THE COUNTY BOARD, A PUBLIC CHARTER
  18  SCHOOL MAY BE LOCATED IN:

  19  		(1)	PART OF AN EXISTING PUBLIC SCHOOL BUILDING;

  20  		(2)	A PUBLIC BUILDING OTHER THAN AN EXISTING PUBLIC SCHOOL; OR

  21  		(3)	ANY OTHER SUITABLE LOCATION.

  22  	(B)	(1)	UNLESS A WAIVER IS GRANTED TO A PUBLIC CHARTER SCHOOL
  23  UNDER § 9-108 OF THIS TITLE, THE FACILITY THAT CONTAINS THE SCHOOL SHALL
  24  CONFORM TO THE REGULATIONS FOR PUBLIC SCHOOL FACILITIES.

  25  		(2)	A WAIVER OF HEALTH OR SAFETY REGULATIONS FOR THE FACILITY
  26  MAY NOT BE GRANTED.

  27  	(C)	A PUBLIC CHARTER SCHOOL MAY NOT CONSTRUCT A FACILITY WITH
  28  PUBLIC FUNDS.

  29  	(D)	A PUBLIC CHARTER SCHOOL MAY NOT RECEIVE PUBLIC FUNDS FOR
  30  CAPITAL IMPROVEMENTS TO THE FACILITY IN WHICH THE SCHOOL IS LOCATED
  31  UNLESS:

  32  		(1)	THE FACILITY IS OWNED BY THE COUNTY BOARD; AND

10						HOUSE BILL 131 

   1  		(2)	THE COUNTY BOARD REQUESTS THE FUNDS FOR THE FACILITY AS
   2  PART OF ITS PUBLIC SCHOOL CONSTRUCTION CAPITAL IMPROVEMENT PROGRAM
   3  REQUEST.

   4  9-114. 

   5  	(A)	FOR A FISCAL YEAR, A CHARTER SCHOOL SHALL RECEIVE, FOR EACH
   6  STUDENT ENROLLED IN THE SCHOOL, THE PER PUPIL BASIC CURRENT EXPENSE
   7  FIGURE CALCULATED UNDER § 5-202 OF THIS ARTICLE.

   8  	(B)	A CHARTER SCHOOL MAY NEGOTIATE WITH THE COUNTY BOARD FOR
   9  ADDITIONAL FUNDING.

  10  9-115. 

  11  	(A)	A PUBLIC CHARTER SCHOOL AND THE PARENTS OR GUARDIANS OF
  12  STUDENTS WHO ATTEND THE SCHOOL SHALL BE RESPONSIBLE FOR THE
  13  TRANSPORTATION OF THE STUDENTS TO AND FROM THE SCHOOL.

  14  	(B)	A PUBLIC CHARTER SCHOOL AND A COUNTY BOARD MAY NEGOTIATE THE
  15  TRANSPORTATION OF STUDENTS WHO ATTEND A PUBLIC CHARTER SCHOOL.

  16  9-116. 

  17  	(A)	A MEMBER OF THE PROFESSIONAL STAFF OF A PUBLIC CHARTER SCHOOL
  18  SHALL HOLD THE APPROPRIATE MARYLAND CERTIFICATION.

  19  	(B)	A CERTIFICATED OR NONCERTIFICATED EMPLOYEE OF A PUBLIC
  20  CHARTER SCHOOL SHALL BE DEEMED AN EMPLOYEE OF THE COUNTY AND SHALL
  21  RETAIN:

  22  		(1)	THE OPTION OF JOINING OR REMAINING A MEMBER OF THE
  23  APPROPRIATE EMPLOYEE BARGAINING UNIT;

  24  		(2)	ALL RIGHTS AND RESPONSIBILITIES THAT EXIST UNDER THE
  25  APPLICABLE COLLECTIVE BARGAINING CONTRACT BETWEEN THE COUNTY BOARD
  26  AND THE EMPLOYEE REPRESENTATIVE; AND

  27  		(3)	ALL EMPLOYMENT RIGHTS UNDER COUNTY, STATE, AND FEDERAL
  28  LAW.

  29  9-117. 

  30  	(A)	A PERSON WHO ALLEGES THAT A PUBLIC CHARTER SCHOOL HAS
  31  VIOLATED A PROVISION OF THIS TITLE MAY FILE A COMPLAINT WITH THE PUBLIC
  32  CHARTER SCHOOL.

  33  	(B)	IF THE COMPLAINT IS NOT RESOLVED BY THE PUBLIC CHARTER SCHOOL
  34  TO THE SATISFACTION OF THE COMPLAINANT, THE COMPLAINANT MAY PRESENT
  35  THE COMPLAINT TO THE COUNTY BOARD.

11						HOUSE BILL 131 

   1  	(C)	(1)	THE COMPLAINANT MAY APPEAL THE DECISION OF THE COUNTY
   2  BOARD TO THE STATE BOARD AS PROVIDED IN § 4-205 OF THIS ARTICLE.

   3  		(2)	THE DECISION OF THE STATE BOARD ON AN APPEAL UNDER
   4  PARAGRAPH (1) OF THIS SUBSECTION IS FINAL.

   5  9-118. 

   6  	(A)	A COUNTY BOARD SHALL DEVELOP PROCEDURES FOR THE RENEWAL OF A
   7  CHARTER GRANTED UNDER THIS TITLE.

   8  	(B)	(1)	A COUNTY BOARD SHALL GRANT AN INITIAL CHARTER FOR A PUBLIC
   9  CHARTER SCHOOL ESTABLISHED UNDER THIS TITLE FOR A PERIOD OF UP TO 4
  10  YEARS.

  11  		(2)	A COUNTY BOARD MAY RENEW A CHARTER FOR SUBSEQUENT
  12  PERIODS OF UP TO 5 YEARS.

  13  9-119. 

  14  	(A)	(1)	A COUNTY BOARD SHALL CONDUCT AN ANNUAL ASSESSMENT OF A
  15  PUBLIC CHARTER SCHOOL TO DETERMINE IF THE SCHOOL IS MEETING THE
  16  EDUCATIONAL GOALS ESTABLISHED UNDER ITS CHARTER.

  17  		(2)	THE ANNUAL ASSESSMENT BY THE COUNTY BOARD SHALL BE BASED
  18  ON THE MEASURES IDENTIFIED IN THE PERFORMANCE AGREEMENT UNDER §
  19  9-109(B)(3) OF THIS TITLE.

  20  	(B)	(1)	TO FACILITATE THE ANNUAL ASSESSMENT UNDER SUBSECTION (A)
  21  OF THIS SECTION, A PUBLIC CHARTER SCHOOL SHALL SUBMIT AN ANNUAL FISCAL
  22  REPORT AND STUDENT PERFORMANCE REPORT TO THE COUNTY BOARD AT A TIME
  23  AND IN A FORM PRESCRIBED BY THE COUNTY BOARD.

  24  		(2)	THE PUBLIC CHARTER SCHOOL SHALL MAKE THE REPORT
  25  AVAILABLE TO THE PARENTS OR GUARDIANS OF STUDENTS ENROLLED IN THE
  26  SCHOOL.

  27  	(C)	A COUNTY BOARD SHALL HAVE ACCESS TO THE FACILITIES AND TO THE
  28  RECORDS OF A PUBLIC CHARTER SCHOOL CHARTERED BY THE COUNTY BOARD.

  29  9-120.

  30  	(A)	A COUNTY BOARD SHALL DEVELOP PROCEDURES FOR THE REVOCATION
  31  OF A CHARTER GRANTED UNDER THIS TITLE.

  32  	(B)	A COUNTY BOARD MAY REVOKE THE CHARTER OF A PUBLIC CHARTER
  33  SCHOOL OR PLACE THE SCHOOL ON PROBATIONARY STATUS:

  34  		(1)	IF THE SCHOOL HAS NOT FULFILLED A CONDITION IMPOSED BY THE
  35  COUNTY BOARD IN CONNECTION WITH THE GRANTING OF THE CHARTER;

12						HOUSE BILL 131 

   1  		(2)	IF THE SCHOOL HAS MATERIALLY VIOLATED A CONDITION,
   2  STANDARD, OR PROCEDURE OF THE CHARTER;

   3  		(3)	IF THE SCHOOL HAS VIOLATED ANY PROVISION OF THIS SUBTITLE,
   4  OF ANY REGULATION ADOPTED UNDER THIS SUBTITLE, OR OF ANY OTHER LAW THAT
   5  RELATES TO A PUBLIC CHARTER SCHOOL;

   6  		(4)	IF THE SCHOOL FAILS TO MEET GENERALLY ACCEPTED STANDARDS
   7  OF FISCAL MANAGEMENT;

   8  		(5)	IF THE SCHOOL FAILS TO MEET THE STUDENT ACADEMIC
   9  PERFORMANCE REQUIREMENTS CONTAINED IN THE CHARTER;

  10  		(6)	IF TWO-THIRDS OF THE FACULTY AND INSTRUCTIONAL SUPPORT
  11  PERSONNEL AT THE SCHOOL REQUEST THAT THE CHARTER BE REVOKED; OR

  12  		(7)	FOR OTHER GOOD CAUSE SHOWN.

  13  	(C)	(1)	IF THE COUNTY BOARD PLACES A PUBLIC CHARTER SCHOOL ON
  14  PROBATIONARY STATUS, THE COUNTY BOARD SHALL ESTABLISH A DATE BY WHICH
  15  THE SCHOOL SHALL IMPLEMENT A REMEDIAL PLAN.

  16  		(2)	IF THE COUNTY BOARD FINDS THAT THE SCHOOL HAS NOT
  17  IMPLEMENTED A SATISFACTORY REMEDIAL PLAN BY THE ESTABLISHED DATE, THE
  18  COUNTY BOARD MAY REVOKE THE CHARTER.

  19  	(D)	A PUBLIC CHARTER SCHOOL MAY APPEAL THE REVOCATION OF THE
  20  CHARTER BY THE COUNTY BOARD TO THE STATE BOARD.

  21  	(E)	(1)	THE STATE BOARD SHALL RENDER ITS DECISION WITHIN 90 DAYS OF
  22  THE RECEIPT OF THE APPEAL.

  23  		(2)	THE DECISION OF THE STATE BOARD IS FINAL.

  24  	(F)	WHEN A CHARTER IS REVOKED, THE COUNTY BOARD MAY RECOVER THE
  25  PROPERTY OF THE PUBLIC CHARTER SCHOOL THAT IS OWNED OR PROVIDED BY THE
  26  COUNTY BOARD FOR OTHER PUBLIC SCHOOL PURPOSES.

  27  9-121. 

  28  	IN CONSULTATION WITH THE COUNTY BOARDS, THE STATE BOARD SHALL
  29  ADOPT REGULATIONS TO IMPLEMENT THE PROVISIONS OF THIS TITLE.

  30  	SECTION 2. AND BE IT FURTHER ENACTED, That not later than October 1,
  31  2005, based on information gathered from the county boards of education, the New
  32  Baltimore City Board of School Commissioners, members of the educational
  33  community, and the public, the State Board of Education shall submit to the General
  34  Assembly, in accordance with § 2-1246 of the State Government Article, a report on
  35  and an evaluation of the public charter school program. The report shall include a 

13						HOUSE BILL 131 

   1  recommendation on the advisability of the continuation, modification, expansion, or
   2  termination of the program.

   3  	SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect
   4  July 1, 2002.