[complete report]

LAW

Year Passed

2003; last amended in 2007.

Rank

9th weakest of the nation's 40 charter laws.

Grade

D

GENERAL DATA

• Law has limitations with district-only authorizing and union requirements

• Courts affirmed for the need for equitable funding

MULTIPLE AUTHORIZERS - NO

Approval

School boards. (The State Board of Education may authorize under limited circumstances involving the conversion of "restructured schools" if the county board fails to act on an application within 45 days. Has not yet occurred.)

Appeal

Yes. If the school board denies an application, it may be appealed to the state board. The state board may direct the school board to grant a charter and shall act as mediator. Decision is non-binding.

NUMBER OF SCHOOLS ALLOWED

Cap

Technically there is no cap, but districts create their own limits.

OPERATIONAL AUTONOMY

State

No. Waiver requests considered on a case-by-case basis. The charter law was written to ensure that school boards maintain their authority over the charter schools. Virtual schools not permitted. Management contracts with ESPs are not restricted.

Local

No. The law gives school districts the power to make most decisions for charter schools. Each county board develops its own public charter school policy for schools in their districts to follow.

Teacher Freedom

No. Teachers remain covered by the district's collective bargaining contract. Charter schools must participate in the state's retirement system.

EQUITY

Student Funding

• A 2007 Maryland Court of Appeals ruling affirmed the State Board of Education's decision that the law requires charter students be funded in the same manner and at the same level.

• Funding still rests first with the district, which does not always respond favorably to charter schools.

• Funds pass through district.

• Average per pupil revenue - $9,674

"In general. -- A county board shall disburse to a public charter school an amount of county, State, and federal money for elementary, middle, and secondary students that is commensurate with the amount disbursed to other public schools in the local jurisdiction." [Md. Educ. Code Ann. § 9-109]

Facilities Funding

None.