Give Children Help Or Independence Concerning Education Act
Below is a piece of legislation I sponsored in the Maryland Student Legislature. I am happy to report that the legislature passed and the governor signed the bill. As a result, this legislation will be sent to the the folks mandated at the bottom as well as the Health and Government Operations Committee of the actual Maryland Legislature.
The purpose of the bill is to allow the State Board of Education to become the sole authorizer of Charter Schools in Maryland Counties that are under performing. Although it is clear that Charter Schools work, local education boards across the country are hesitant to authorize them because Charter School funding comes out of the district school that each student would have come from (Charter schools get the money that student would have cost, had they attended their district school). State boards are far more likely to approve charter schools.
Here is the actual text. Acts introduced to both MSL and the Maryland Legislature are generally copies of the Maryland Annotated Code with strikes through text being removed and additions are in all caps.
AN ACT CONCERNING
Give Children Help Or Independence Concerning Education Act
FOR the purpose of providing quality educational choices for the children of Maryland particularly in underperforming counties through the expansion of the Public Charter School Program; altering the Public Charter School Act of 2003.
BY repealing, and reenacting, with amendments
Article – Education
Title 9 – Maryland Public Charter School Program
Section §9–102, §9–104, §9–106, §9–110
Annotated Code of Maryland
SECTION 1. BE IT ENACTED BY THE MARYLAND STUDENT LEGISLATURE, That the laws of Maryland read as follows:
§9–102.
In this title, “public charter school” means a public school that:
(1) Is nonsectarian in all its programs, policies, and operations;
(2) Is a school to which parents choose to send their children;
(3) Is open to all students on a space-available basis and admits students on a lottery basis if more students apply than can be accommodated;
(4) Is a new public school or a conversion of an existing public school OR A CONVERSION OF AN EXISTING PRIVATE SCHOOL;
(5) Provides a program of elementary or secondary education or both;
(6) Operates in pursuit of a specific set of educational objectives;
(7) Is tuition-free;
(8) Is subject to federal and State laws prohibiting discrimination;
(9) Is in compliance with all applicable health and safety laws;
(10) Is in compliance with § 9-107 of this title;
(11) Operates under the supervision of the public chartering authority from which its charter is granted and in accordance with its charter and, except as provided in § 9-106 of this title, the provisions of law and regulation governing other public schools;
(12) Requires students to be physically present on school premises for a period of time substantially similar to that which other public school students spend on school premises; and
(13) Is created in accordance with this title and the appropriate county board policy.
§9–104.
(a) (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) (I) A parochial school; or
(iii) (II) 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 PUBLIC OR PRIVATE 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 SHALL become a chartering authority; and
4. If an extension has been granted, and 45 days have elapsed, the State Board may SHALL become a chartering authority.
(b) (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.
(C) THE STATE BOARD SHALL BECOME THE SOLE CHARTERING AUTHORITY FOR A COUNTY UNDER THE FOLLOWING CIRCUMSTANCES:
(1) THE COMBINED ADEQUATE YEARLY PROGRESS REPORT SHOWS 50% OF A COUNTY’S SCHOOLS TO BE IN A STATE OF NOT IN IMPROVEMENT FOR TWO CONSECUTIVE YEARS OR THREE OF ANY FIVE YEARS; OR
(2) THE COMBINED APPLICANTS TO A COUNTY’S EXISTING CHARTER SCHOOLS EXCEEDS 150% OF THE COMBINED CAPACITY OF THAT COUNTY’S CHARTER SCHOOLS; OR
(3) THE STATE BOARD REVERSES THE DECISION OF 50% OF A COUNTY BOARDS DENIAL OF CHARTERS.
§9–106.
(a) Subject to subsection (b) of this section, a public charter school shall comply with the provisions of law and regulation governing other public schools.
(b) Subject to subsection (c) of this section, a waiver of the requirements under subsection (a) of this section may be sought through an appeal to the State Board.
(1) ALL CHARTERS GRANTED BY THE STATE BOARD UNDER SECTION §9–104 OF THIS TITLE SHALL AUTOMATICALLY BE GRANTED A WAVIER TO SUBSECTION (A) OF THIS SECTION IN ACCORDANCE TO SUBSECTION (C) OF THIS SECTION.
(c) A waiver may not be granted from provisions of law or regulation relating to:
(1) Audit requirements;
(2) The measurement of student academic achievement, including all assessments required for other public schools and other assessments mutually agreed upon by the public chartering authority and the school; or
(3) The health, safety, or civil rights of a student or an employee of the charter school.
§9–110.
(a) (1) Each county board shall develop a public charter school policy and submit it to the State Board.
(2) The policy required under paragraph (1) of this subsection shall include guidelines and procedures regarding:
(i) Evaluation of public charter schools;
(ii) Revocation of a charter;
(iii) Reporting requirements; and
(iv) Financial, programmatic, or compliance audits of public charter schools.
(3) THE POLICY REQUIRED UNDER PARAGRAPH (1) OF THIS SUBSECTION SHALL NOT INCLUDE POLICIES, GUIDELINES OR PROCEDURES THAT:
(I) PREVENT THE STATE BOARD, ANY COUNTY BOARD OR ANY INDIVIDUAL CHARTER SCHOOL FROM OBTAINING FEDERAL GRANTS; OR
(II) RESTRICT THE NUMBER OF CHARTER SCHOOLS IN A COUNTY THAT HAS NOT MET ALL OF IT’S ADEQUATE YEARLY PROGRESS.
(b) The Department shall designate a staff person to function as a contact person for the Maryland Public Charter School Program.
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect January 1, 2010
MANDATES:
Martin O. Malley, Governor of Maryland
Douglas F. Gansler, Attorney General of Maryland
Nancy S. Grasmick, State Superintendent of Schools
