EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTING LAW.
[Brackets] indicate matter deleted from existing law.
*hb1258*
HOUSE BILL 1258
F1, Q3 2lr2664
By: Delegate Kipke
Introduced and read first time: February 11, 2022
Assigned to: Ways and Means and Appropriations
A BILL ENTITLED
AN ACT concerning 1
Primary and Secondary Education – Educational Options – Established 2
FOR the purpose of establishing the Broadening Options and Opportunities for Students 3
Today Program to provide certain students with certain scholarships; establishing 4
the Broadening Options and Opportunities for Students Today Advisory Board; 5
establishing the Maryland Public Charter School Authority as a public chartering 6
authority under the Maryland Public Charter School Program with certain powers 7
and responsibilities; repealing the authority of the State Board of Education to grant 8
certain waivers under certain circumstances; authorizing certain public charter 9
schools to grant certain waivers, make certain applications, be located in certain 10
jurisdictions, and take certain other actions; altering the eligibility of certain public 11
charter schools to be able to provide guaranteed placement to certain students; 12
altering the type of public school that may be converted to a public charter school for 13
the purpose of a certain waiver; altering the entities that may apply to establish a 14
certain public charter school; specifying the employment category of, rights and 15
privileges of, and requirements for employees of public charter schools; requiring 16
certain public charter schools to serve as certain local education agencies under 17
certain circumstances, make public education available to certain children with 18
disabilities, and take certain other actions; requiring the State, county boards of 19
education, and certain public charter schools to take certain actions regarding the 20
calculation and disbursement of funding for public charter schools; requiring the 21
Secretary of General Services to inform certain public chartering authorities that 22
certain buildings are available for occupation and use under certain circumstances; 23
allowing a parent or guardian a credit against the State income tax for certain home 24
instruction expenses; providing that the credit may not exceed a certain amount; and 25
generally relating to providing students and families with educational options. 26
BY repealing and reenacting, with amendments, 27
Article – Education 28
Section 5–213(a), 9–101, 9–102, 9–102.1, 9–102.2, 9–102.3, 9–104, 9–104.1, and 29
9–105 through 9–111 30 2 HOUSE BILL 1258
Annotated Code of Maryland 1
(2018 Replacement Volume and 2021 Supplement) 2
BY adding to 3
Article – Education 4
Section 5–243, 9–103, 9–103.1, 9–105.1, 9–106.1, and 9–107.1 5
Annotated Code of Maryland 6
(2018 Replacement Volume and 2021 Supplement) 7
BY repealing 8
Article – Education 9
Section 9–103 10
Annotated Code of Maryland 11
(2018 Replacement Volume and 2021 Supplement) 12
BY repealing and reenacting, without amendments, 13
Article – Education 14
Section 9–112 15
Annotated Code of Maryland 16
(2018 Replacement Volume and 2021 Supplement) 17
BY adding to 18
Article – Tax – General 19
Section 10–754 20
Annotated Code of Maryland 21
(2016 Replacement Volume and 2021 Supplement) 22
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 23
That the Laws of Maryland read as follows: 24
Article – Education 25
5–213. 26
(a) (1) [Each] SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , EACH 27
fiscal year, the State shall distribute the State share of the foundation program to each 28
county board. 29
(2) FOR EACH COUNTY BOARD IN A COUNTY IN WHICH A PUBLIC 30
CHARTER SCHOOL IS AU THORIZED BY THE MARYLAND PUBLIC CHARTER SCHOOL 31
AUTHORITY ESTABLISHED UNDER TITLE 9 OF THIS ARTICLE , THE STATE SHALL 32
DEDUCT FROM THE STATE SHARE OF THE FO UNDATION PROGRAM ANY AMOUNT 33
DISTRIBUTED DIRECTLY TO A PUBLIC CHARTER SCH OOL UNDER § 9–109 OF THIS 34
ARTICLE. 35
5–243. 36 HOUSE BILL 1258 3
(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 1
INDICATED. 2
(2) “ADVISORY BOARD” MEANS THE BROADENING OPTIONS AND 3
OPPORTUNITIES FOR STUDENTS TODAY ADVISORY BOARD. 4
(3) “PROGRAM” MEANS THE BROADENING OPTIONS AND 5
OPPORTUNITIES FOR STUDENTS TODAY PROGRAM. 6
(B) (1) THERE IS A BROADENING OPTIONS AND OPPORTUNITIES FOR 7
STUDENTS TODAY PROGRAM IN THE DEPARTMENT . 8
(2) THE PURPOSE OF THE PROGRAM IS TO PROVIDE SCHOLARSHIPS 9
FOR STUDENTS WHO ARE ELIGIBLE FOR THE FRE E AND REDUCED PRICE LUNCH 10
PROGRAM TO ATTEND A NONPUBLIC SCHOOL . 11
(C) THE DEPARTMENT SHALL ADMI NISTER THE PROGRAM. 12
(D) (1) TO BE ELIGIBLE TO PAR TICIPATE IN THE PROGRAM, A 13
NONPUBLIC SCHOOL SHA LL: 14
(I) PARTICIPATE IN THE AID TO NON–PUBLIC SCHOOLS 15
PROGRAM FOR TEXTBOOKS AND COMPUTER HARDWAR E AND SOFTWARE 16
ADMINISTERED BY THE DEPARTMENT ; 17
(II) PROVIDE MORE THAN ONLY PREKINDERGARTEN AND 18
KINDERGARTEN PROGRAM S; 19
(III) ADMINISTER ASSESSMENT S TO ALL STUDENTS IN 20
ACCORDANCE WITH FEDE RAL AND STATE LAW; 21
(IV) COMPLY WITH TITLE VI OF THE CIVIL RIGHTS ACT OF 1964 22
AS AMENDED AND TITLE 20, SUBTITLE 6 OF THE STATE GOVERNMENT ARTICLE, 23
AND NOT DISCRIMINATE IN STUDENT ADMISSION S ON THE BASIS OF RA CE, COLOR, 24
NATIONAL ORIGIN , OR SEXUAL ORIENTATIO N; AND 25
(V) AGREE TO NOT DISCRIMI NATE IN STUDENT ADMI SSIONS 26
BASED ON RACE , COLOR, NATIONAL ORIGIN , OR SEXUAL ORIENTATIO N. 27
(2) NOTHING IN THIS SUBSE CTION SHALL REQUIRE ANY SCHOOL OR 28
INSTITUTION TO ADOPT ANY RULE, REGULATION , OR POLICY THAT CONFL ICTS WITH 29
ITS RELIGIOUS OR MOR AL TEACHINGS. 30 4 HOUSE BILL 1258
(3) IF A NONPUBLIC SCHOOL DOES NOT COMPLY WITH THE 1
REQUIREMENTS OF THIS SUBSECTION, THE NONPUBLIC SCHOOL : 2
(I) SHALL REIMBURSE TO TH E DEPARTMENT ALL 3
SCHOLARSHIP FUNDS RE CEIVED UNDER THE PROGRAM; AND 4
(II) MAY NOT CHARGE THE ST UDENT TUITION AND FE ES IN LIEU 5
OF SCHOLARSHIP FUNDS . 6
(4) THE ONLY LEGAL REMEDY FOR VIOLATION OF THI S SUBSECTION 7
IS INELIGIBILITY FOR PARTICIPATING IN THE PROGRAM. 8
(E) (1) THE DEPARTMENT SHALL : 9
(I) ESTABLISH PROCEDURES FOR THE APPLICATION AND 10
AWARD PROCESS FOR SC HOLARSHIPS UNDER THE PROGRAM FOR STUDENTS WHO 11
ARE ELIGIBLE FOR THE FREE OR REDUCED PRICE LUNCH P ROGRAM; 12
(II) 1. COMPILE AND CERTIFY A LIST OF APPLICANTS T HAT 13
RANKS ELIGIBLE STUDENTS BY FAMILY I NCOME EXPRESSED AS A PERCENTAGE OF 14
THE MOST RECENT FEDE RAL POVERTY LEVELS ; AND 15
2. SUBMIT THE RANKED LIS T OF APPLICANTS TO T HE 16
ADVISORY BOARD; AND 17
(III) MAKE SCHOLARSHIP AWAR DS TO ELIGIBLE STUDE NTS AS 18
DETERMINED BY THE ADVISORY BOARD. 19
(2) THE PROCEDURES ESTABL ISHED IN ACCORDANCE WITH 20
PARAGRAPH (1) OF THIS SUBSECTION S HALL INCLUDE CONSIDE RATION FOR AWARD 21
ADJUSTMENTS IF AN EL IGIBLE STUDENT BECOM ES INELIGIBLE DURING THE 22
COURSE OF THE SCHOOL YEAR. 23
(F) THE AMOUNT OF A SCHOL ARSHIP AWARDED UNDER THE PROGRAM MAY 24
NOT EXCEED THE LESSE R OF: 25
(1) THE STATEWIDE AVERAGE PER PUPIL EXPENDITURE BY COUNT Y 26
BOARDS AS CALCULATED BY THE DEPARTMENT ; OR 27
(2) THE TUITION OF THE NO NPUBLIC SCHOOL . 28
(G) FOR EACH FISCAL YEAR , THE GOVERNOR SHALL INC LUDE IN THE 29 HOUSE BILL 1258 5
ANNUAL BUDGET BILL A N APPROPRIATION OF $20,000,000 TO THE PROGRAM. 1
(H) (1) THERE IS A BROADENING OPTIONS AND OPPORTUNITIES FOR 2
STUDENTS TODAY ADVISORY BOARD. 3
(2) THE ADVISORY BOARD CONSISTS OF THE FOLLOWING MEMBERS : 4
(I) TWO MEMBERS APP OINTED BY THE GOVERNOR; 5
(II) TWO MEMBERS APPOINTED BY THE PRESIDENT OF THE 6
SENATE; 7
(III) TWO MEMBERS APPOINTED BY THE SPEAKER OF THE 8
HOUSE; AND 9
(IV) ONE MEMBER JOINTLY AP POINTED BY THE PRESIDENT OF 10
THE SENATE AND THE SPEAKER OF THE HOUSE TO SERVE AS CHAIR OF TH E 11
ADVISORY BOARD. 12
(3) A MEMBER OF THE ADVISORY BOARD MAY NOT : 13
(I) BE AN ELECTED OFFICIA L; OR 14
(II) HAVE ANY FINANCIAL IN TEREST IN AN ELIGIBL E 15
NONPUBLIC SCHOOL . 16
(4) THE ADVISORY BOARD SHALL: 17
(I) REVIEW AND CERTIFY TH E RANKED LIST OF APPLI CANTS 18
COMPILED BY THE DEPARTMENT ; AND 19
(II) DETERMINE SCHOLARSHIP AWARD AMOUNTS . 20
9–101. 21
(a) There is a Maryland Public Charter School Program. 22
(b) The general purpose of the Program is to [establish]: 23
(1) ESTABLISH an alternative means within the existing public school 24
system in order to provide innovative learning opportunities and creative educational 25
approaches to improve the education of students; 26
6 HOUSE BILL 1258
(2) CLOSE ACHIEVEMENT GAP S BETWEEN HIGH –PERFORMING AND 1
LOW–PERFORMING GROUPS OF PUBLIC SCH OOL STUDENTS ; 2
(3) INCREASE HIGH –QUALITY EDUCATIONAL OPPORTUNITIES 3
WITHIN THE PUBLIC SC HOOL SYSTEM FOR ALL STUDENTS, ESPECIALLY THOSE AT 4
RISK FOR ACADEMIC FA ILURE; AND 5
(4) ALLOW PUBLIC SCHOOLS FREEDOM AND FLEXIBIL ITY IN 6
EXCHANGE FO R EXCEPTIONAL LEVELS OF RESULTS–DRIVEN ACCOUNTABILIT Y. 7
9–102. 8
(A) In this title[, “public] THE FOLLOWING WORDS HAVE THE MEANINGS 9
INDICATED. 10
(B) “AUTHORITY” MEANS THE MARYLAND PUBLIC CHARTER SCHOOL 11
AUTHORITY ESTABLISHED UNDER § 9–103 OF THIS TITLE. 12
(C) “CHARTER CONTRACT ” MEANS A FIXED –TERM CONTRACT BETWEE N A 13
PUBLIC CHARTER SCHOO L AND A PUBLIC CHART ERING AUTHORITY THAT OUTLINES 14
THE ROLES, POWERS, DUTIES, AND PERFORMANCE EXPE CTATIONS FOR EACH PA RTY 15
TO THE CONTRACT . 16
(D) “CONVERTED PUBLIC SCHO OL” MEANS A PUBLIC SCHOOL THAT IS 17
CONVERTED TO A PUBLI C CHARTER SCHOOL . 18
(E) “PERSISTENTLY FAILING SCHOOL” MEANS A PUBLIC SCHOO L RANKED 19
IN THE BOTTOM 5%, BASED ON STATEWIDE A SSESSMENTS, OF ALL PUBLIC SCHOOL S 20
IN THE COUNTY WHERE THE SCHOOL IS LOCATE D. 21
(F) “PUBLIC charter school” means a public school that: 22
(1) Is nonsectarian in all its programs, policies, and operations; 23
(2) Is a school to which parents choose to send their children; 24
(3) Except as provided in §§ 9–102.1, 9–102.2, and 9–102.3 of this title, is 25
open to all students on a space–available basis and admits students on a lottery basis if 26
more students apply than can be accommodated; 27
(4) Is a new public school or a conversion of an existing public school; 28
(5) Provides a program of elementary or secondary education or both; 29
(6) Operates in pursuit of a specific set of educational objectives; 30 HOUSE BILL 1258 7
(7) Is tuition–free; 1
(8) Is subject to federal and State laws prohibiting discrimination; 2
(9) Is in compliance with all applicable health and safety laws; 3
(10) Is in compliance with § 9–107 of this title; 4
(11) Operates under the supervision of the public chartering authority from 5
which its charter is granted and in accordance with its charter [and, except as provided in 6
§§ 9–104.1 and 9–106 of this title, the provisions of law and regulation governing other 7
public schools]; 8
(12) Requires students to be physically present on school premises for a 9
period of time substantially similar to that which other public school students spend on 10
school premises; and 11
(13) Is created in accordance with this title [and the appropriate county 12
board policy]. 13
(G) “PUBLIC CHARTERING AUT HORITY” MEANS: 14
(1) THE MARYLAND PUBLIC CHARTER SCHOOL AUTHORITY, 15
ESTABLISHED UNDER § 9–103 OF THIS TITLE; OR 16
(2) A COUNTY BOARD . 17
9–102.1. 18
(a) The [State Board] PUBLIC CHARTERING AU THORITY may grant a waiver 19
from [§ 9–102(3)] § 9–102(F)(3) of this title to a public charter school if the public charter 20
school: 21
(1) Is located on property within a federal military base in the State; and 22
(2) Will admit students with parents who are not assigned to the base to at 23
least 35% of its total available space as part of the initial cohort of students in a grade. 24
(b) If a public charter school is granted a waiver under subsection (a) of this 25
section, subject to the requirement set forth in subsection (a)(2) of this section, the public 26
charter school shall: 27
(1) Admit all students on a lottery basis in accordance with § 9–102.2 of 28
this title; and 29
8 HOUSE BILL 1258
(2) Take reasonable steps to maintain the 35% to 65% ratio intended as 1
part of the initial cohort of students in a grade. 2
9–102.2. 3
(a) A public charter school may give greater weight to a student’s lottery status 4
as part of a lottery held under [§ 9–102(3)] § 9–102(F)(3) of this title and in accordance 5
with an application submitted under § 9–104 of this title if the student is: 6
(1) DOMICILED IN A GEOGRA PHICAL ATTENDANCE AR EA SERVED BY 7
A PERSISTENTLY FAILI NG SCHOOL; 8
(2) Eligible for free or reduced price meals; 9
[(2)] (3) A student with disabilities; 10
[(3)] (4) A student with limited English proficiency; 11
[(4)] (5) Homeless, as defined under the federal McKinney –Vento 12
Homeless Assistance Act; or 13
[(5)] (6) A sibling of a student currently enrolled in the public charter 14
school for which the sibling is applying. 15
(b) (1) NOTWITHSTANDING § 9–102(F)(3) OF THIS TITLE , ONCE A 16
STUDENT IS ENROLLED IN A PUBLIC CHARTER SCHOOL, THE STUDENT SHALL 17
REMAIN ENROLLED UNTI L THE STUDENT IS EIT HER WITHDRAWN BY THE STUDENT’S 18
PARENT OR LEGAL GUAR DIAN OR THE STUDENT IS EXPELLED BY THE S CHOOL. 19
(2) Notwithstanding [§ 9–102(3)] § 9–102(F)(3) of this title, a public 20
charter school may give priority to the sibling of a student admitted through the lottery 21
process or a currently enrolled student for any spaces in the school that become available 22
throughout the school year. 23
(c) (1) Subject to the approval of the public chartering authority and § 9–104 24
of this title, a public charter school may propose a geographic attendance area with a 25
median income that is equal to or less than the median income of the county for the public 26
charter school. 27
(2) Subject to paragraph (4) of this subsection, a public charter school may 28
provide guaranteed placement through a lottery to students who live within the geographic 29
attendance area for up to 35%, as proposed by the public charter school and approved by 30
the public chartering authority, of the available space of the public charter school. 31
(3) Subject to paragraphs (2) and (4) of this subsection, the public charter 32
school shall: 33 HOUSE BILL 1258 9
(i) Admit students on a lottery basis to its remaining available 1
space; and 2
(ii) Take reasonable steps to maintain the ratio intended under 3
paragraph (2) of this subsection as part of the initial cohort of students accepted through 4
the lottery process. 5
(4) If a public charter school does not fill 100% of its available space under 6
paragraphs (2) and (3) of this subsection, the public charter school may admit more than 7
the percentage of students established under paragraph (2) of this subsection from the 8
geographic attendance area established under this section. 9
(d) (1) Subject to the approval of the public chartering authority, paragraph 10
(2) of this subsection, and § 9–104 of this title, a public charter school may provide 11
guaranteed placement through a lottery to up to 35%, as proposed by the public charter 12
school and approved by the public chartering authority, of the available space of the public 13
charter school to students who attended a public charter school during the previous school 14
year that is operated by the same operator. 15
(2) A public charter school shall qualify under paragraph (1) of this 16
subsection if: 17
(i) The operator operates two or more public charter schools in the 18
[county] STATE; and 19
(ii) When combined, the public charter schools operated by the 20
operator form an integrated multiyear academic program. 21
(3) Subject to paragraph (1) of this subsection, the public charter school 22
shall: 23
(i) Admit students on a lottery basis to its remaining available 24
space; and 25
(ii) Take reasonable steps to maintain the ratio intended under 26
paragraph (1) of this subsection as part of the initial cohort of students accepted through 27
the lottery process. 28
(4) If a public charter school does not fill 100% of its available space under 29
paragraphs (1) and (3) of this subsection, the public charter school may admit more than 30
the percentage of students established under paragraph (1) of this subsection. 31
9–102.3. 32
10 HOUSE BILL 1258
(a) In accordance with § 9–104 of this title, a [county board] PUBLIC 1
CHARTERING AUTHORITY may grant a waiver from [§ 9–102(3)] § 9–102(F)(3) of this 2
title to: 3
(1) A converted public charter school that: 4
(i) Subject to subsection (b) of this section, provides guaranteed 5
placement through a lottery to students who live within the geographic attendance area 6
established by the [county board] PUBLIC CHARTERING AU THORITY; 7
(ii) [Is a low–performing school as identified by the county board] 8
CONVERTED A PERSISTEN TLY FAILING PUBLIC S CHOOL TO A PUBLIC CH ARTER 9
SCHOOL; 10
(iii) Is above the county average rate for the percentage of students 11
who are eligible for free and reduced price meals; and 12
(iv) Meets a strategic need of the local [school system, as identified 13
in the county board’s public charter school policy developed under § 9–110 of this title,] 14
JURISDICTION that shall include at least one of the following elements: 15
1. Serving a high–need population; 16
2. Increasing student performance; 17
3. Increasing enrollment; or 18
4. Increasing student diversity; or 19
(2) A converted public charter school that is seeking renewal of an existing 20
charter contract that was granted under item (1) of this subsection. 21
(b) If a public charter school does not fill 100% of its available space under 22
subsection (a)(1) of this section, the public charter school shall admit students on a lottery 23
basis to its remaining available space. 24
[9–103. 25
The public chartering authority for the granting of a charter shall be a county board 26
of education.] 27
9–103. 28
(A) THERE IS A MARYLAND PUBLIC CHARTER SCHOOL AUTHORITY IN THE 29
STATE. 30
HOUSE BILL 1258 11
(B) (1) (I) THE AUTHORITY IS AN INDEP ENDENT UNIT IN THE 1
EXECUTIVE BRANCH OF STATE GOVERNMENT . 2
(II) THE AUTHORITY IS A BODY P OLITIC AND CORPORATE AND 3
IS AN INSTRUMENTALIT Y OF THE STATE. 4
(III) THE EXERCISE BY THE AUTHORITY OF THE AUTHORITY’S 5
POWERS UNDER THIS TI TLE IS AN ESSENTIAL GOVERNMENTAL FUNCTIO N. 6
(2) THE AUTHORITY MAY AUTHORI ZE THE ESTABLISHMENT OF 7
PUBLIC CHARTER SCHOO LS IN ANY JURISDICTI ON IN THE STATE. 8
(C) (1) (I) THE AUTHORITY CONSISTS OF SEVEN MEMBERS 9
APPOINTED BY THE GOVERNOR WITH THE ADV ICE AND CONSENT OF T HE SENATE. 10
(II) THE STATE SUPERINTENDENT SHALL SERVE AS A 11
NONVOTIN G, EX OFFICIO MEMBER OF THE AUTHORITY. 12
(2) IN MAKING APPOINTMENT S TO THE AUTHORITY, THE GOVERNOR 13
SHALL CONSIDER REPRE SENTATIVES FROM ALL PARTS OF THE STATE. 14
(3) (I) EACH MEMBER SHALL SER VE FOR A TERM OF 5 YEARS AND 15
UNTIL A SUCCESSOR IS APPOINTED AND QUALIFIES. 16
(II) THE TERMS OF MEMBERS ARE STAGGERED AS REQ UIRED BY 17
THE TERMS PROVIDED F OR MEMBERS ON JULY 1, 2022. 18
(III) A MEMBER APPOINTED TO FILL A VACANCY IN AN 19
UNEXPIRED TERM SERVE S ONLY FOR THE REMAI NDER OF THAT TERM AN D UNTIL A 20
SUCCESSOR IS AP POINTED AND QUALIFIE S. 21
(IV) A MEMBER MAY BE REAPPO INTED BUT MAY NOT SE RVE 22
MORE THAN TWO CONSEC UTIVE FULL TERMS . 23
(4) THE GOVERNOR MAY REMOVE A MEMBER FOR INCOMPETE NCE, 24
MISCONDUCT , OR FAILURE TO PERFOR M THE DUTIES OF THE POSITION. 25
(5) EACH MEMBER SERVES WI THOUT COMPENSATION A ND IS 26
ENTITLED TO REIMBURS EMENT FOR EXPENSES UNDER THE STANDARD STATE 27
TRAVEL REGULATIONS, AS PROVIDED IN THE STATE BUDGET . 28
(D) (1) EACH YEAR FROM AMONG THE MEMBERS OF THE AUTHORITY: 29
(I) THE GOVERNOR SHALL DESI GNATE A CHAIR; AND 30 12 HOUSE BILL 1258
(II) THE AUTHORITY SHALL ELECT OTHER OFFICERS AS TH E 1
AUTHORITY REQUIRES . 2
(2) THE AUTHORITY SHALL MEET REGULARLY AT SUCH TI MES AND 3
PLACES AS THE AUTHORITY DETERMINES . 4
(3) A MAJORITY OF THE MEMB ERS THEN SERVING ON THE 5
AUTHORITY SHALL CONSTITUTE A QU ORUM FOR THE TRANSAC TION OF BUSINESS . 6
(4) NO FORMAL ACTION MAY BE TAKEN BY THE AUTHORITY WITHOUT 7
THE APPROVAL OF A MA JORITY OF THE MEMBER S OF THE AUTHORITY THEN 8
SERVING ON THE AUTHORITY. 9
(5) THE AUTHORITY SHALL MAKE ALL NECESSARY AND PROPER 10
RULES FOR THE TRANSA CTION OF BUSINESS AN D SHALL KEEP AN ACCU RATE AND 11
COMPLETE RECORD OF A LL MEETINGS. 12
(E) THE AUTHORITY MAY ADOPT A NY POLICY OR PROCEDU RE NECESSARY 13
TO CARRY OUT THE AUTHORITY’S POWERS AND DUTIES . 14
(F) THE AUTHORITY SHALL PROVI DE TO THE DEPARTMENT ANY 15
INFORMATION REQUIRED TO COMPLETE THE REPO RT REQUIRED UNDER § 16
9–110(C) OF THIS TITLE. 17
(G) (1) THE AUTHORITY SHALL EMPLO Y OR RETAIN , EITHER AS 18
EMPLOYEES OR AS INDE PENDENT CONTRACTORS , CONSULTANTS , ATTORNEYS, 19
MANAGERS, OR OTHER PROF ESSIONAL PERSONNEL A S THE AUTHORITY CONSIDERS 20
NECESSARY, AND SET THEIR COMPEN SATION. 21
(2) FUNDING FOR THE ADMIN ISTRATIVE COSTS OF T HE AUTHORITY 22
SHALL BE AS PROVIDED IN THE STATE BUDGET . 23
9–103.1. 24
(A) A PUBLIC CHARTER SCHOO L MAY APPLY TO ESTAB LISH A NEW CHARTER 25
CONTRACT WITH A PUBL IC CHARTERING AUTHOR ITY OTHER THAN THE P UBLIC 26
CHARTERING AUTHORITY THAT ORIGINALLY AUTH ORIZED THE ESTABLISH MENT OF 27
THE PUBLIC CHARTER S CHOOL. 28
(B) THIS SECTION MAY NOT BE CONSTRUED TO IMPAIR ANY OBLIGATION OF 29
AN EXISTING CHARTER CONTRACT BETWEEN A P UBLIC CHARTERING AUT HORITY 30
AND A PUBLIC CHARTER SCHOOL. 31
HOUSE BILL 1258 13
9–104. 1
(a) (1) (I) [An] IF AN APPLICANT CHOOS ES TO APPLY TO A COU NTY 2
BOARD, THE application to establish a public charter school shall be submitted to the 3
county board of the county in which the public charter school will be located. 4
(II) IF AN APPLICANT CHOOS ES TO APPLY TO THE AUTHORITY, 5
THE APPLICATION TO E STABLISH A PUBLIC CH ARTER SCHOOL MAY BE FOR A PUBLIC 6
CHARTER SCHOOL LOCATED IN AN Y JURISDICTION IN TH E STATE. 7
(2) An application to establish a public charter school may be submitted to 8
a [county board] PUBLIC CHARTERING AU THORITY by: 9
(i) The staff of a public school; 10
(ii) A parent or guardian of a student who attends a public school in 11
the county IN WHICH THE PUBLIC CHARTER SCHOOL WILL BE LOCATED; 12
(iii) A nonsectarian nonprofit entity; 13
(iv) A nonsectarian institution of higher education in the State; or 14
(v) Any combination of persons specified in items (i) through (iv) of 15
this paragraph. 16
(3) An application shall include: 17
(i) [A] IF MADE TO A COUNTY B OARD, A plan to provide a rigorous 18
program of instruction that includes an equivalent method for satisfying any requirements 19
from which the public charter school operator intends to seek a waiver under § 9–106 of 20
this title; and 21
(ii) A description of how a weighted lottery or the provision of 22
guaranteed placement will be implemented under §§ 9–102.2 and 9–102.3 of this title. 23
(4) A public chartering authority may not grant a charter under this title 24
to: 25
(i) A private school; 26
(ii) A parochial school; 27
(iii) A home school; or 28
(iv) A school that operates fully online. 29
14 HOUSE BILL 1258
(5) (i) Except as provided in subparagraph (ii) of this paragraph, [the 1
county board] A PUBLIC CHARTERING AUTHORITY shall review the application and 2
render a decision within 120 days of receipt of the application and in accordance with the 3
application procedures adopted by the [county board] PUBLIC CHARTER ING AUTHORITY . 4
(ii) For a [restructured school] CONVERTED PUBLIC SCH OOL: 5
1. [The county board] A PUBLIC CHARTERING AU THORITY 6
shall review the application and render a decision within 30 days of receipt of the 7
application; 8
2. [The county board] A PUBLIC CHARTERING AU THORITY 9
may apply to the State Board for an extension of up to 15 days from the time limit imposed 10
under item 1 of this subparagraph; 11
3. If an extension is not granted, and 30 days have elapsed, 12
the decision may be appealed to the State Board in accordance with § 4–205(c) of this 13
article; and 14
4. If an extension has been granted, and 45 days have 15
elapsed, the decision may be appealed to the State Board in accordance with § 4–205(c) of 16
this article. 17
(6) (i) A public chartering authority may approve an application to 18
operate a public charter school on a contingent basis subject to the conditions of 19
subparagraph (ii) of this paragraph. 20
(ii) The contingent approval granted under subparagraph (i) of this 21
paragraph may be contingent on: 22
1. A public charter school’s ability to meet any timelines 23
established by the public chartering authority for the securing of a facility; and 24
2. Final approval by the public chartering authority 25
regarding the suitability of the facility secured by the public charter school. 26
(b) (1) If an application to establish a public charter school includes a 27
description of the implementation of a weighted lottery that gives priority to students in a 28
specific geographic attendance area in accordance with § 9–102.2 or § 9–102.3 of this title, 29
the public chartering authority may approve or reject this provision separately from the 30
application as a whole. 31
(2) A decision of a public chartering authority under paragraph (1) of this 32
subsection may not be appealed to the State Board. 33
HOUSE BILL 1258 15
(c) (1) An application to establish a public charter school may include a 1
staffing model, including provisions for staff recruitment, training, evaluation, and 2
professional development. 3
(2) A public charter school may submit a staffing model as provided in 4
paragraph (1) of this subsection with a renewal application or with an amendment to an 5
existing charter. 6
(d) (1) If the [county board] PUBLIC CHARTERING AU THORITY denies an 7
application to establish a public charter school, the applicant may appeal the decision to 8
the State Board, in accordance with § 4–205(c) of this article. 9
(2) The State Board shall render a decision within 120 days of the filing of 10
an appeal under this subsection. 11
(3) If the [county board] PUBLIC CHARTERING AU THORITY denies an 12
application to establish a public charter school and the State Board reverses the decision, 13
the State Board shall remand the matter to the [county board] PUBLIC CHARTERING 14
AUTHORITY and may direct the [county board] PUBLIC CHARTERING AU THORITY to 15
grant a charter and may, if necessary, mediate with the [county board] PUBLIC 16
CHARTERING AUTHORITY and the applicant to implement the charter. 17
9–104.1. 18
(a) In this section, “eligible public charter school” means a public charter school 19
that WAS AUTHORIZED BY A COUNTY BOARD , has been in existence for at least 5 years, 20
and demonstrates to the [public chartering authority] COUNTY BOARD a history of: 21
(1) Sound fiscal management; and 22
(2) Student achievement that exceeds the average in the local school 23
system in which the public charter school is located on: 24
(i) Statewide assessments; and 25
(ii) Other measures developed by the State Board. 26
(b) The State Board shall develop standards and criteria by which an eligible 27
public charter school shall be assessed [by a public chartering authority]. 28
(c) (1) An eligible public charter school may submit to a [public chartering 29
authority] COUNTY BOARD : 30
(i) An application for renewal of an existing charter contract that 31
incorporates the provisions of subsection (e) of this section; or 32
16 HOUSE BILL 1258
(ii) Subject to paragraph (2) of this subsection, an application for an 1
addendum to an existing charter contract that incorporates the provisions of subsection (e) 2
of this section. 3
(2) An eligible public charter school may not submit an application under 4
paragraph (1)(ii) of this subsection more than one time during the duration of an existing 5
charter contract. 6
(d) If the [public chartering authority] COUNTY BOARD determines that a public 7
charter school is not an eligible public charter school, the public charter school may appeal 8
the decision to the State Board in accordance with § 4–205(c) of this article. 9
(e) If an eligible public charter school and a [public chartering authority] 10
COUNTY BOARD mutually agree to an alternative means by which the eligible public 11
charter school will satisfy the intent of the policies of the [public chartering authority] 12
COUNTY BOA RD, an eligible public charter school is exempt from: 13
(1) Textbook, instructional program, curriculum, professional 14
development, and scheduling requirements; 15
(2) A requirement to establish a school community council; 16
(3) Except for Title I schools, a requirement to establish a school 17
improvement plan; 18
(4) Except for schools with a school activity fund, a requirement to provide 19
school activity fund disclosure statements; and 20
(5) Except for prekindergarten classes, class size or staffing ratios. 21
(f) A [public chartering authority] COUNTY BOARD and an eligible public 22
charter school may jointly develop and mutually agree to a communication process and 23
supervision methodology that flows among the county board, the operator, and the 24
administration of the eligible public charter school. 25
(g) (1) An eligible public charter school may not be assigned a principal 26
without the written consent of the operator of the eligible public charter school. 27
(2) (i) Staff members shall be assigned or transferred to an eligible 28
public charter school if the staff member expresses in writing that the staff member wants 29
to work in that eligible public charter school and the eligible public charter school requests 30
in writing that the staff member be assigned or transferred to the eligible public charter 31
school, provided there is an existing vacancy. 32
HOUSE BILL 1258 17
(ii) A transfer authorized under subparagraph (i) of this paragraph 1
shall take place as designated by the agreement of the local bargaining unit in the local 2
school system. 3
(h) Nothing in this section may be construed to take precedence over an 4
agreement of a local bargaining unit in a local school system. 5
(i) Except as otherwise provided in this section, an eligible public charter school 6
is subject to the provisions of this title. 7
9–105. 8
(A) THIS SECTION APPLIES ONLY TO PUBLIC CHART ER SCHOOLS 9
AUTHORIZED BY A COUN TY BOARD. 10
(B) A member of the professional staff of a public charter school shall be subject 11
to the same certification provisions established in regulations for the professional staff of 12
other public schools. 13
9–105.1. 14
(A) THIS SECTION APPLIES ONLY TO PUBLIC CHART ER SCHOOLS 15
AUTHORIZED BY THE AUTHORITY. 16
(B) EMPLOYEES OF A PUBLIC CHARTER SCHOOL ARE N OT: 17
(1) PUBLIC SCHOOL EMPLOYE ES, AS DEFINED IN §§ 6–401(E) AND 18
6–501(G) OF THIS ARTICLE; OR 19
(2) EMPLOYEES OF A PUBLIC SCHOOL EMPLOYER , AS DEFINED IN §§ 20
6–401(F) AND 6–501(H) OF THIS ARTICLE , IN THE COUNTY IN WHI CH THE PUBLIC 21
CHARTER SCHOOL IS LO CATED. 22
(C) (1) MEMBERS OF THE PROFES SIONAL STAFF OF A PU BLIC CHARTER 23
SCHOOL ARE EXEMPT FR OM STATE TEACHER CERTIFICATION REQUIR EMENTS. 24
(2) THE AUTHORITY SHALL ADOPT POLICIES FOR TEACHER 25
INDUCTION, PREPARATION , AND DEVELOPMENT THAT SUPPORT HIGH –QUALITY 26
INSTRUCTION AND ACAD EMIC STANDARDS . 27
(D) (1) EMPLOYEES IN PUBLIC C HARTER SCHOOLS SHALL HAVE THE 28
SAME RIGHT S AND PRIVILEGES AS PUBLIC SCHOOL EMPLOY EES. 29
18 HOUSE BILL 1258
(2) EMPLOYEES IN PUBLIC C HARTER SCHOOLS SHALL BE ELIGIBLE 1
FOR THE STATE RETIREMENT , HEALTH, WELFARE, AND OTHER BENEFITS 2
PROGRAMS AVAILABLE T O PUBLIC SCHOOL EMPL OYEES. 3
(E) CRIMINAL HISTORY RECO RDS CHECKS AND FINGERPRINTING 4
REQUIREMENTS APPLICA BLE TO OTHER PUBLIC SCHOOLS SHALL BE MAN DATORY 5
FOR ALL PUBLIC CHART ER SCHOOL PERSONNEL , GOVERNING BOARD MEMB ERS, 6
AND OTHER INDIVIDUAL S WHO REGULARLY COME INTO CONTACT WITH ST UDENTS. 7
(F) A PUBLIC CHARTER SCHOO L EMPLOYEE MAY JOIN OR REFUSE T O JOIN 8
IN THE ACTIVITIES OF ANY EMPLOYEE ORGANIZ ATION. 9
9–106. 10
(a) THIS SECTION APPLIES ONLY TO PUBLIC CHART ER SCHOOLS 11
AUTHORIZED BY A COUN TY BOARD. 12
(B) Subject to subsection [(b)] (C) of this section, a public charter school shall 13
comply with the provisions of law and regulation governing other public schools. 14
[(b)] (C) Subject to subsection [(d)] (E) of this section, a public charter school 15
may seek a waiver of the requirements under subsection [(a)] (B) of this section from: 16
(1) A county board for policies that are the policies of the county board; and 17
(2) The State Board for policies that are the policies of the State Board. 18
[(c)] (D) If a waiver is denied under this section, the county board or the State 19
Board, as appropriate, shall provide the reason for the denial in writing to the public 20
charter school. 21
[(d)] (E) A waiver may not be granted from provisions of law or regulation 22
relating to: 23
(1) Audit requirements; 24
(2) The measurement of student academic achievement, including all 25
assessments required for other public schools and other assessments mutually agreed upon 26
by the public chartering authority and the school; or 27
(3) The health, safety, or civil rights of a student or an employee of the 28
public charter school. 29
9–106.1. 30
HOUSE BILL 1258 19
(A) THIS SECTION APPLIES ONLY TO PUBLIC CHART ER SCHOOLS 1
AUTHORIZED BY THE AUTHORITY. 2
(B) A PUBLIC CHARTERING AU THORITY MAY EXEMPT A PUBLIC CHARTER 3
SCHOOL FROM ANY POLI CY OR REQUIREMENT ESTAB LISHED BY A COUNTY B OARD. 4
(C) A PUBLIC CHARTERING AU THORITY MAY EXEMPT A PUBLIC CHARTER 5
SCHOOL FROM STATE POLICIES OR REG ULATIONS RELATING TO : 6
(1) CURRICULUM , TEXTBOOKS, INSTRUCTION, CLASS SIZE, STAFFING 7
RATIOS, OR PROFESSIONAL DEV ELOPMENT; AND 8
(2) ANY OTHER STATE POLICY OR REGUL ATION EXPRESSLY WAIV ED 9
BY THE STATE BOARD. 10
(D) A PUBLIC CHARTERING AU THORITY MAY NOT EXEM PT A PUBLIC 11
CHARTER SCHOOL FROM PROVISIONS OF LAW OR REGULATION RELATING TO THE 12
HEALTH, SAFETY, OR CIVIL RIGHTS O F A STUDENT OR EMPLO YEE OF THE PUBLIC 13
CHARTER SCHOOL . 14
9–107. 15
(a) A public chartering authority may not grant a charter to a public charter 16
school whose operation would be inconsistent with any public policy initiative, court order, 17
or federal improvement plan governing special education that is applicable to the State. 18
(b) A public chartering authority shall ensure that the authorizing process for a 19
public charter school and the charter application address the roles and responsibilities of 20
the [county board] PUBLIC CHARTERING AU THORITY and the applicants and operators 21
of the public charter school with respect to children with disabilities. 22
(c) The public chartering authority shall ensure that, prior to opening a public 23
charter school, the operators of the school are informed of the human, fiscal, and 24
organizational capacity needed to fulfill the school’s responsibilities related to children with 25
disabilities. 26
9–107.1. 27
(A) THIS SECTION APPLIES ONLY TO PUBLIC CHART ER SCHOOLS 28
AUTHORIZED BY THE AUTHORITY. 29
(B) A PUBLIC CHARTER SCHOO L SHALL SERVE AS THE LOCAL EDUCATIONAL 30
AGENCY, AS DEFINED BY THE FE DERAL INDIVIDUALS WITH DISABILITIES 31
EDUCATION ACT, FOR THE PURPOSE OF P ROVIDING SPECIAL EDU CATION AND 32 20 HOUSE BILL 1258
RELATED SERVICES FOR CHILDREN WITH DISABI LITIES ENROLLED AT THE PUBLIC 1
CHARTER SCHOOL . 2
(C) A PUBLIC CHARTER SCHOO L SHALL MAKE A FREE APPROPRIATE PUBLIC 3
EDUCATION AVAILABLE TO EACH CHILD WITH A DISABILITY, IN ACCORDANCE WITH 4
TITLE 8, SUBTITLE 4 OF THIS ARTICLE. 5
(D) A PUBLIC CHARTER SCHOO L SHALL D IRECTLY RECEIVE FEDE RAL, 6
STATE, AND COUNTY FUNDS DES IGNATED FOR THE COST S OF EDUCATING CHILD REN 7
WITH DISABILITIES. 8
9–108. 9
(A) THIS SECTION APPLIES ONLY TO PUBLIC CHART ER SCHOOLS 10
AUTHORIZED BY A COUN TY BOARD. 11
[(a)] (B) Employees of a public charter school: 12
(1) Are public school employees, as defined in §§ 6–401(e) and 6–501(g) of 13
this article; 14
(2) Are employees of a public school employer, as defined in §§ 6–401(f) and 15
6–501(h) of this article, in the county in which the public charter school is located; and 16
(3) Shall have the rights granted under Title 6, Subtitles 4 and 5 of this 17
article. 18
[(b)] (C) If a collective bargaining agreement under Title 6, Subtitle 4 or Subtitle 19
5 of this article is already in existence in the county where a public charter school is located, 20
the employee organization, public school employer, and the public charter school may 21
mutually agree to negotiate amendments to the existing agreement to address the needs of 22
the particular public charter school, including amendments to work days, work hours, 23
school year, procedures for transfers that are consistent with the instructional mission of 24
the school, and extra duty assignments. 25
9–109. 26
(a) A county board shall disburse to a public charter school AUTHORIZED BY THE 27
COUNTY BOARD an amount of county, State, and federal money for elementary, middle, 28
and secondary students that is [commensurate with] EQUIVALENT TO , BASED ON 29
ENROLLMENT , the amount disbursed to other public schools in the local jurisdiction. 30
(b) The State Board or the county board may give surplus educational materials, 31
supplies, furniture, and other equipment to a public charter school. 32
HOUSE BILL 1258 21
(C) (1) THE STATE SHALL DISTRIBUT E DIRECTLY TO A PUBL IC CHARTER 1
SCHOOL AUTHORIZED BY THE AUTHORITY AN AMOUNT E QUAL TO THE PRODUCT OF: 2
(I) THE TOTAL ENROLLMENT OF THE PUBLIC CHARTE R 3
SCHOOL; AND 4
(II) ALL FEDERAL, STATE, AND COUNTY OPERATING FUNDS FOR 5
ELEMENTARY , MIDDLE, AND SECONDARY STUDEN TS THE COUNTY BOARD RECEIVES 6
FROM ALL SOURCES , DIVIDED BY THE COUNT Y’S FULL–TIME EQUIVALENT 7
ENROLLMENT AS DEFINED IN § 5–201(G) OF THIS ARTICLE. 8
(2) (I) IN ADDITION TO THE AM OUNT PROVIDED IN PAR AGRAPH (1) 9
OF THIS SUBSECTION , THE STATE SHALL DISTRIBUT E ANNUALLY TO THE 10
AUTHORITY A PUBLIC CH ARTER SCHOOL FACILIT Y GRANT IN AN AMOUNT THAT IS 11
NOT LESS THAN THE PR ODUCT OF THE TOTAL A GGREGATE ENROLLMENT OF ALL 12
THE PUBLIC CHARTER S CHOOLS AUTHORIZED BY THE AUTHORITY MULTIPLIED BY 13
$1,000. 14
(II) THE AUTHORITY SHALL DISBU RSE THE DISTRIBUTION 15
RECEIVED FROM THE STATE PURSUANT TO SUB PARAGRAPH (I) OF THIS 16
PARAGRAPH : 17
1. AS FACILITIES GRANTS TO PUBLIC CHARTER 18
SCHOOLS AUTHORIZED B Y THE AUTHORITY, WHICH MAY BE USED FO R OPERATING 19
OR CAPITAL COSTS REL ATED TO A PUBLIC CHA RTER SCHOOL FACILITY ; AND 20
2. IN AMOUNTS DETERMINED BY THE AUTHORITY. 21
9–110. 22
(a) (1) Each [county board] PUBLIC CHARTERING AU THORITY shall develop 23
a public charter school policy and provide it to the State Board. 24
(2) The policy required under paragraph (1) of this subsection shall include 25
guidelines and procedures regarding: 26
(i) Evaluation of public charter schools, INCLUDING ACADEMIC 27
PERFORMANCE REQUIREM ENTS; 28
(ii) Revocation of a charter; 29
(iii) Reporting requirements; and 30
(iv) Financial, programmatic, or compliance audits of public charter 31
schools. 32 22 HOUSE BILL 1258
(3) The policy required under paragraph (1) of this subsection, including 1
any updates or amendments made to the policy, shall be provided to the Department and 2
made available on request and posted on the website of the [county board] PUBLIC 3
CHARTERING AUTHORITY . 4
(b) (1) The Department shall designate a staff person to function as a contact 5
person for the Maryland Public Charter School Program. 6
(2) The staff person designated as a contact person under paragraph (1) of 7
this subsection shall: 8
(i) Provide technical assistance to the operator of a public charter 9
school to help the school meet the requirements of federal and State laws, including 20 10
U.S.C. § 1400, et seq. and § 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794; and 11
(ii) Gather information from public charter schools in the State 12
regarding innovative approaches to education and best practices taking place at public 13
charter schools that may be shared with and disseminated to other public schools in the 14
State. 15
(c) The Department shall report annually by December 1 to the General 16
Assembly in accordance with § 2–1257 of the State Government Article regarding: 17
(1) Any updates or amendments made to a public charter school policy 18
under subsection (a) of this section; and 19
(2) Implementation of this title. 20
9–111. 21
(a) (1) If, with the approval of the State Superintendent, a county board 22
determines that a school site or building no longer is needed for school purposes and after 23
the county commissioners or county council have provided the required notice under § 24
4–115 of this article, the county board shall inform the public charter schools in the county 25
that the school site or building is available for occupation and use by a public charter school 26
on the terms determined by the county board. 27
(2) Each county board: 28
(i) Shall establish a procedure to determine which public charter 29
school may occupy and use an available school site or building if more than one public 30
charter school notifies the county board of an interest in occupying and using a school site 31
or building; and 32
(ii) May consider the utilization rate of surrounding school sites and 33
buildings when authorizing a public charter school to occupy a school site or building. 34 HOUSE BILL 1258 23
(3) IF THE SECRETARY OF GENERAL SERVICES DETERMINES T HAT A 1
STATE BUILDING IS NO LONGER NEEDED BY THE STATE, THE SECRETARY OF 2
GENERAL SERVICES SHALL INFORM ALL PUB LIC CHARTERING AUTHO RITIES THAT 3
THE BUILDING IS AVAI LABLE FOR OCCUPATION AND USE BY A PUBLIC CHARTER 4
SCHOOL ON THE TERMS DETERMINED BY THE SECRETARY OF GENERAL SERVICES. 5
(b) A public charter school that occupies or uses a school site or building under 6
subsection (a) of this section may not sell, dispose of, or otherwise transfer the school site 7
or building. 8
9–112. 9
Any portion of a building or property occupied and used by a public charter school 10
shall be exempt from property taxes under § 7–202 of the Tax – Property Article for the 11
duration of the occupation and use of the building or property as a public charter school. 12
SECTION 2. AND BE IT FURTHER ENACTED, That the Laws of M aryland read 13
as follows: 14
Article – Tax – General 15
10–754. 16
(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 17
INDICATED. 18
(2) (I) “HOME INSTRUCTION EXPE NSE” MEANS THE COST OF 19
MATERIALS OR SUPPLIE S USED AS PART OF A HOME INSTRUCTION PRO GRAM. 20
(II) “HOME INSTRUCTION EXPE NSE” INCLUDES COSTS FOR : 21
1. CORRESPONDENCE COURS ES OR DISTANCE 22
LEARNING PROGRAMS ; 23
2. INSTRUCTION–RELATED MATERIALS ; 24
3. TEXTBOOKS; OR 25
4. WORKBOOKS . 26
(3) “HOME INSTRUCTION PROG RAM” MEANS A PROGRAM 27
AUTHORIZED UNDER AND OPERATE D IN COMPLIANCE WITH COMAR 13A.10.01.01 28
THROUGH 13A.10.01.05. 29
24 HOUSE BILL 1258
(B) SUBJECT TO THE LIMITA TIONS OF THIS SECTIO N, A PARENT OR 1
GUARDIAN MAY CLAIM A CREDIT AGAINST THE STATE INCOME TAX IN A N AMOUNT 2
EQUAL TO THE HOME IN STRUCTION EXPENSES I NCURRED BY THE PARENT OR 3
GUARDIAN DURING THE TAXABLE YEAR . 4
(C) FOR ANY TAXABLE YEAR , THE CREDIT ALLOWED U NDER THIS SECTION 5
MAY NOT EXCEED THE L ESSER OF: 6
(I) $5,760; OR 7
(II) THE STATE INCOME TAX IMPO SED FOR THE TAXABLE YEAR. 8
(D) (1) THE COMPTROLLER , IN CONSULTATION WITH THE STATE 9
DEPARTMENT OF EDUCATION, SHALL ADOPT REGULATI ONS TO CARRY OUT THE 10
PROVISIONS OF THIS S ECTION. 11
(2) THE REGULATIONS ADOPT ED UNDER PARAGRAPH (1) OF THIS 12
SUBSECTION SHALL PRO VIDE FOR VERIFICATIO N OF: 13
(I) THE AMOUNT OF HOME INSTRU CTION EXPENSES INCUR RED; 14
AND 15
(II) PARTICIPATION IN A H OME INSTRUCTION PROG RAM. 16
SECTION 3. AND BE IT FURTHER ENACTED, That the terms of the initial 17
members of the Maryland Public Charter School Authority established under Section 1 of 18
this Act shall expire as follows: 19
(1) two members in 2025; 20
(2) two members in 2026; and 21
(3) three members in 2027. 22
SECTION 4. AND BE IT FURTHER ENACTED, That it is the intent of the General 23
Assembly that the Governor shall include in the annual budget bill an appropriation of 24
$500,000 for fiscal year 2024 for the Maryland Public Charter School Authority established 25
under Section 1 of this Act. 26
SECTION 5. AND BE IT FURTHER ENACTED, That Section 2 of this Act shall be 27
applicable to all taxable years beginning after December 31, 2021. 28
SECTION 6. AND BE IT FURTHER ENACTED, That this Act shall take effect July 29
1, 2022. 30