Public Charter Schools I. Policy Statement COMMUNITY RELATIONS: Public Charter Schools A. The Board of Education of Baltimore County (Board) is committed to offering a variety of innovative instructional programs and creative educational approaches designed to meet the needs of all students and recognizes that a public charter school may provide such opportunities. B. A public charter school established in Baltimore County shall operate under the supervision of the Board. A public charter school is subject to federal, Maryland, and local laws and regulations and operates in accordance with Board policies and Superintendent s rules, unless waived by the appropriate governing authority. II. Definition A. Charter Agreement A formal contract entered into by the Board and the operator(s) of a public charter school that specifies the terms and conditions under which a charter school is authorized to operate. B. Public Charter School 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 there are seats available; 4. Is a new public school or a conversion of an existing public 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 for all students who are eligible to attend any other Baltimore County Public School (BCPS) tuition-free; 8. Is subject to federal and state laws prohibiting discrimination; 9. Is in compliance with all applicable health and safety laws; 10. Meets the requirements of federal and state laws related to the education of children with disabilities; 1
11. Requires students to be physically present on school premises for a period of time substantially similar to that which other BCPS students spend on school premises; 12. Is created in accordance with the state law and regulations and under the supervision of the Board. III. General A. A public charter school shall comply with all provisions of law and regulations governing other Baltimore County public schools, unless the state board of education grants a waiver. B. A public charter school may request waivers of local policies and Superintendent s rules from the Board. A waiver will not be granted from provisions of Board policy, Superintendent s rules, or school system procedures that relate to: 1. Audit requirements; 2. The measurement of student academic achievement, including all assessments required for other BCPS schools and other assessments mutually agreed upon by the Board and the public charter school; or 3. The health, safety, or civil rights of a student or an employee of the public charter school. C. Individualized Education Programs (IEPs) for students with disabilities must be implemented and all state and federal requirements followed. D. Employees 1. Public charter school employees shall be employees of the Board and shall have all rights and responsibilities of any other Board employee. 2. Employees at a public charter school shall be evaluated in a manner consistent with state law, Board policies, Superintendent s rules, and any applicable negotiated agreement provisions. E. Enrollment in a public charter school is subject to Board policy and Superintendent s rule 5150, Residents and Nonresidents. IV. Standards 2
A. An application to establish a public charter school may be submitted to the Board by: 1. The staff of a public school; 2. A parent or guardian of a student who attends a public school in Baltimore County; 3. A nonsectarian, nonprofit entity; 4. A nonsectarian institution of higher education in the state; or 5. Any combination of the above. B. Under Maryland law, the Board shall not grant a charter to: 1. A private school; 2. A parochial school; 3. A home school; or 4. Any school whose operation would be inconsistent with any public policy initiative, court order, or federal improvement plan governing special education that is applicable to Maryland. C. Application process 1. Any person or entity qualified to apply to establish a charter school shall complete a charter school application which shall be in the form and content established by the Superintendent. 2. The Superintendent shall review completed applications submitted in accordance with established deadlines and forward them with a recommendation to the Board for its consideration. 3. The Board retains the right to accept, modify, or deny any charter school application. 4. If the Board approves an application, such approval is subject to the applicant and the Board entering into a charter school agreement. D. Annual Review and Evaluation 1. The Superintendent shall annually review and evaluate the operation of the public charter school. 2. The public charter school s performance shall be evaluated based upon performance in educational, financial, and organizational criteria, as well as other criteria specified in the approved charter agreement. 3. The public charter school shall provide a written annual report to the appropriate assistant superintendent by September 30. 4. If established academic performance standards are not met, the Board may approve the development of a remedial plan, place the 3
E. Renewal 4 POLICY 1600 charter school on probationary status, or may move immediately to revoke the school s charter. a. Costs associated with the development and implementation of a remedial plan will be the sole responsibility of the public charter school. A. No later than September 30 of the year prior to the expiration of the contract, the public charter school may request renewal of the existing contract and a new contract term. The renewal criteria will be based on conditions identified by the Superintendent. B. Upon recommendation of the Superintendent, and at the discretion of the Board, the Superintendent may negotiate a temporary extension of a charter school s term in order for a final determination to be made about the ongoing operations of the charter school. F. Audits and Reporting Requirements 1. The Board shall require financial, programmatic, compliance, and/or internal audits consistent with federal and state law and Board policy and Superintendent s rules. 2. The public charter school shall respond promptly to requests and make available, no later than 30 days following a request, all required financial records and other documents or materials necessary to conduct an audit. G. Revocation of a Charter Agreement 1. The Board may revoke a charter agreement for any one of the following reasons: a. The school or operator has breached the terms of its charter agreement. b. The school/operator has failed to comply with the provisions of federal, state, or local law. c. The fiscal condition of the school is substantially deficient. d. The academic or instructional services provided by the school are substantially deficient. e. The facility can no longer support the needs of the educational program. f. Continued operation of the school presents a health, safety, or security risk to the school s students or staff.
V. Implementation g. Continued operation of the school is not in the best interests of the students it serves or of the public school system of Baltimore County. 2. Upon revocation of a public charter school s charter agreement: a. Students will be reassigned pursuant to Board policy and Superintendent s rules. b. All resources provided by the Board shall be returned to the Board. The Board directs the Superintendent to implement this policy. Legal References: Annotated Code of Maryland, Education Article 9-110, Public Charter School Policy Related Policy: Board of Education Policy 5150, Residents and Nonresidents Policy Adopted: 10/21/03 Revised: 07/14/09 Revised: 06/10/14 Board of Education of Baltimore County 5 Copyright 2014 Baltimore County Public Schools. All rights reserved