SENATE BILL 213 
 
Unofficial Copy  		2002 Regular Session 
F1 		2lr1712 
SB 604/01 - EEA 		 
 
____________________________________________________________________________________ 
By: Senators Dyson, Blount, and Collins Collins, Hollinger, Frosh, Harris,
	Mooney, and Schrader
Introduced and read first time: January 18, 2002
Assigned to: Education, Health, and Environmental Affairs
_____________________________________________________________________________________ 
Committee Report: Favorable with amendments
Senate action: Adopted
Read second time: March 13, 2002
_____________________________________________________________________________________ 

CHAPTER_______ 
 
   1  AN ACT concerning

   2  					Public Charter School Act of 2002

   3  FOR the purpose of establishing the Maryland Public Charter School Program;
   4  	adding a certain definition; establishing certain authority in certain boards;
   5  	specifying certain charter school application requirements; prohibiting a county
   6  	board from granting a charter to certain schools; requiring a county board to
   7  	review an application to establish a charter school and render a decision within
   8  	a certain time period; establishing a certain appeals process; establishing a
   9  	certain certification requirement; requiring county boards to develop a certain
  10  	policy; establishing a certain liaison for the Program; and generally relating to
  11  	the Maryland Public Charter School Program.

  12  BY adding to
  13  	Article - Education
  14  	Section 9-101 through 9-106, inclusive, to be under the new title "Title 9.
  15  		Maryland Public Charter School Program"
  16  	Annotated Code of Maryland
  17  	(2001 Replacement Volume)

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

2						SENATE BILL 213 

   1  					Article - Education

   2  				TITLE 9. MARYLAND PUBLIC CHARTER SCHOOL PROGRAM.

   3  9-101.

   4  	(A)	THERE IS A MARYLAND PUBLIC CHARTER SCHOOL PROGRAM.

   5  	(B)	THE GENERAL PURPOSE OF THE PROGRAM IS TO ESTABLISH AN
   6  ALTERNATIVE MEANS WITHIN THE EXISTING PUBLIC SCHOOL SYSTEM IN ORDER TO
   7  PROVIDE INNOVATIVE LEARNING OPPORTUNITIES AND CREATIVE EDUCATIONAL
   8  APPROACHES TO IMPROVE THE EDUCATION OF STUDENTS.

   9  9-102.

  10  	IN THIS TITLE, "PUBLIC CHARTER SCHOOL" MEANS A PUBLIC SCHOOL THAT:

  11  		(1)	IS NONSECTARIAN IN ALL ITS PROGRAMS, POLICIES, AND
  12  OPERATIONS;

  13  		(2)	IS A SCHOOL TO WHICH PARENTS CHOOSE TO SEND THEIR
  14  CHILDREN;

  15  		(3)	IS OPEN TO ALL STUDENTS ON A SPACE-AVAILABLE BASIS AND
  16  ADMITS STUDENTS ON A LOTTERY BASIS IF MORE STUDENTS APPLY THAN CAN BE
  17  ACCOMMODATED;

  18  		(4)	IS A NEW PUBLIC SCHOOL OR A CONVERSION OF AN EXISTING
  19  PUBLIC SCHOOL;

  20  		(5)	PROVIDES A PROGRAM OF ELEMENTARY OR SECONDARY
  21  EDUCATION OR BOTH;

  22  		(6)	OPERATES IN PURSUIT OF A SPECIFIC SET OF EDUCATIONAL
  23  OBJECTIVES;

  24  		(7)	IS TUITION-FREE;

  25  		(8)	IS SUBJECT TO FEDERAL AND STATE LAWS PROHIBITING
  26  DISCRIMINATION;

  27  		(9)	IS IN COMPLIANCE WITH ALL APPLICABLE HEALTH AND SAFETY
  28  LAWS; AND

  29  		(10)	IS CREATED IN ACCORDANCE WITH THIS TITLE AND THE
  30  APPROPRIATE COUNTY BOARD POLICY.

  31  9-103.

  32  	(A)	THE PRIMARY PUBLIC CHARTERING AUTHORITY FOR THE GRANTING OF
  33  CHARTERS SHALL BE THE COUNTY BOARDS OF EDUCATION.

3						SENATE BILL 213 

   1  	(B)	THE SECONDARY PUBLIC CHARTERING AUTHORITY FOR THE GRANTING
   2  OF CHARTERS SHALL BE THE STATE BOARD ACTING IN ITS APPEAL REVIEW
   3  CAPACITY.

   4  	(C)	THE STATE BOARD MAY CREATE ADDITIONAL PUBLIC CHARTERING
   5  AUTHORITIES.

   6  9-104.

   7  	(A)	(1)	AN APPLICATION TO ESTABLISH A PUBLIC CHARTER SCHOOL SHALL
   8  BE SUBMITTED TO THE COUNTY BOARD OF THE COUNTY IN WHICH THE CHARTER
   9  SCHOOL WILL BE LOCATED.

  10  		(2)	AN APPLICATION TO ESTABLISH A PUBLIC CHARTER SCHOOL MAY BE
  11  SUBMITTED TO A COUNTY BOARD BY:

  12  			(I)	THE STAFF OF A PUBLIC SCHOOL;

  13  			(II)	A PARENT OR GUARDIAN OF A STUDENT WHO ATTENDS A
  14  PUBLIC SCHOOL IN THE COUNTY;

  15  			(III)	A NONPROFIT ENTITY;

  16  			(IV)	AN INSTITUTION OF HIGHER EDUCATION IN THE STATE; OR

  17  			(V)	ANY COMBINATION OF PERSONS SPECIFIED IN ITEMS (I)
  18  THROUGH (IV) OF THIS PARAGRAPH.

  19  		(3)	A COUNTY BOARD MAY NOT GRANT A CHARTER UNDER THIS TITLE
  20  TO:

  21  			(I)	A PRIVATE SCHOOL;

  22  			(II)	A PAROCHIAL SCHOOL; OR

  23  			(III)	A HOME SCHOOL.

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

  26  	(B)	IF THE COUNTY BOARD DENIES AN APPLICATION TO ESTABLISH A PUBLIC
  27  CHARTER SCHOOL, THE APPLICANT MAY APPEAL THE DECISION TO THE STATE
  28  BOARD, IN ACCORDANCE WITH § 4-205 (C) OF THIS ARTICLE.

  29  9-105.

  30  	A MEMBER OF THE PROFESSIONAL STAFF OF A PUBLIC CHARTER SCHOOL
  31  SHALL HOLD THE APPROPRIATE MARYLAND CERTIFICATION.

4						SENATE BILL 213 

   1  9-106.

   2  	(A)	EACH COUNTY BOARD SHALL DEVELOP A PUBLIC CHARTER SCHOOL
   3  POLICY AND SUBMIT IT TO THE STATE BOARD.

   4  	(B)	THE DEPARTMENT SHALL DESIGNATE A STAFF PERSON TO FUNCTION AS
   5  A LIAISON TO CONTACT PERSON FOR THE MARYLAND PUBLIC CHARTER SCHOOL
   6  PROGRAM.

   7  	SECTION 2.  AND BE IT FURTHER ENACTED, That this Act shall take
   8  effect October 1, 2002.