(d) A public charter school or applicant shall provide to the Division of Elementary and Secondary Education, with a copy to the local school board for the school district in which the public charter school is or will be located, a desegregation analysis carefully reviewing the potential impact of the public charter school’s application or request on the efforts of a public school district or public school districts to comply with court orders and statutory obligations to create and maintain a unitary system of desegregated public schools:

1. (A) In its application for a public charter school charter;
2. (B) In its renewal request for its existing public charter school charter;
3. (C) In its request to change the physical location of its existing charter school if required by the commissioner in accordance with 6 CAR § 31-202(c);
4. (D) In any request to amend its existing charter to:

(i) Increase its enrollment cap; or

1. (ii) Add grade levels; and
2. (E) For an existing open-enrollment public charter school, in any request for a license.

(e)

1. (1) The local school board of the school district in which the proposed public charter school is or will be located may provide to the division, with a copy to the public charter school or applicant, a desegregation analysis carefully reviewing the potential impact of an application for a public charter school, or a request under subsection (d) of this section, on the efforts of a public school district or public school districts to comply with court orders and statutory obligations to create and maintain a unitary system of desegregated public schools not later than twenty (20) days prior to the authorizer’s consideration of:
2. (A) An application of a public charter school;
3. (B) A proposed renewal of a public charter school;
4. (C) A change in the physical location of a public charter school if required by the commissioner in accordance with 6 CAR § 31-202(c);

5. (D) A proposed amendment to a public charter that includes:

   1. (i) An increased enrollment cap; or
   2. (ii) The addition of grade levels; and

6. (E) A proposed license for an existing open-enrollment public charter school.

   1. (2) Failure of the local school board of the district in which the proposed public charter school will be located to submit to the division a desegregation analysis as set forth above shall result in a waiver of the local school board’s right to submit such a desegregation analysis to the authorizer.

(f)

1. (1) In accordance with 6 CAR § 31-204, the division staff shall submit to the authorizer, with copies to the public charter school or applicant and the local school board of the school district in which the public charter school is or will be located, a desegregation analysis:
2. (A) Not later than ten (10) days prior to the authorizer’s consideration of an application of a public charter school;
3. (B) Not later than ten (10) days prior to the authorizer’s consideration of a proposed renewal of a public charter school;
4. (C) Not later than ten (10) days prior to the authorizer’s consideration of a change in physical location of an open-enrollment public charter school if required by the commissioner in accordance with 6 CAR § 31-202(c);

5. (D) Not later than ten (10) days prior to the authorizer’s consideration of a proposed amendment to a public charter that includes:

   1. (i) An increased enrollment cap; or
   2. (ii) The addition of grade levels;
6. (E) Not later than ten (10) days prior to the authorizer’s consideration of a proposed license for an existing open-enrollment public charter school; and

7. (F) At any other time as directed by the authorizer or the commissioner.

   1. (2) The division’s desegregation analysis will include as attachments the desegregation analyses provided by the applicant or public charter school and the local school board in which the public charter school is or will be located.