1. A. A local board may grant a waiver from Education Article, §9-102(3), Annotated Code of Maryland, to:

   1. (1) A converted public charter school that:

      1. (a) Subject to §B of this regulation, provides guaranteed placement through a lottery to students who live within the geographic attendance area established by the local board;
      2. (b) Is a low-performing school as identified by the local board;
      3. (c) Is above the county average rate for the percentage of students who are eligible for free and reduced price meals; and

      4. (d) Meets a strategic need of the local school system, as identified in the local board’s public charter school policy developed under Education Article, §9-110, Annotated Code of Maryland, that shall include at least one of the following elements:

         1. (i) Serving a high-need population;
         2. (ii) Increasing student performance;
         3. (iii) Increasing enrollment; or
         4. (iv) Increasing student diversity; or
   2. (2) A converted public charter school that is seeking renewal of an existing charter contract that was granted under §A(1) of this regulation.
2. B. If a public charter school does not fill 100 percent of its available space under §A(1) of this regulation, the public charter school shall admit students on a lottery basis to its remaining available space.

Authority: Education Article, §§ 2-205 and 9-101— 9-112, Annotated Code of Maryland

Effective date: May 25, 2026 (53:10 Md. R. 455)