§ 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.

HISTORY: 2003, ch. 358.