1478                            LAWS OF MARYLAND                      [CH. 646

affirming the action of the State Superintendent of Schools in denying
a certificate may appeal from the Board's decision to the circuit
court of the county wherein the applicant purposes to operate, or to
the Superior Court of Baltimore City, if the applicant purposes to
operate therein. On any such appeal from the action of the State
Board of Education in either revoking such certificate or in affirm-
ing the action of the State Superintendent of Schools in denying a
certificate, there shall be a rebuttable presumption that the action of
the State Board of Education is proper and in the public interest.
The burden of proof shall be upon the appellant to show that the de-
cision complained of is either against the public interest, or that the
State Board of Education's discretion in rendering its decision was
not honestly and fairly exercised or was arbitrary or unsupported
by any substantial evidence, or was unreasonable or beyond the
powers of the Board or illegal. The appeal shall be heard by the court
without a jury or with a jury if either party so request. The State
Board may be a party to such appeal. If the court affirms the action
of the State Board of Education in revoking a certificate, the revoca-
tion of such certificate shall thereupon become effective, if previously
stayed. Either party shall have the right of appeal to the Court of
Appeals from any decision of the court on the question of denial or
revocation of a certificate.

(c)    Any school which is required to secure a Certificate of Ap-
proval from the State Superintendent of Schools, except nursery
schools, kindergartens, elementary schools, accredited high schools
and accredited institutions of higher learning, which requires a de-
posit more than thirty days in advance of the actual starting date
(whether a note, cash or otherwise) of Fifty Dollars ($50.00) or
ten percent (10%) of the tuition fee, whichever is less, may be re-
quired at the discretion of the State Superintendent to furnish a per-
formance bond IN SUCH FORM AS THE STATE SUPERIN-
TENDENT SHALL DETERMINE TO BE NECESSARY, CONDI-
TIONED ON THE FAITHFUL PERFORMANCE OF ALL AGREE-
MENTS AND CONTRACTS WITH STUDENTS, AND ON COM-
PLIANCE WITH THE PROVISIONS OF THIS SUBTITLE, in any
amount not to exceed Twenty Thousand Dollars ($20,000.00).
THE AGGREGATE LIABILITY OF A SURETY FOR ALL
BREACHES OF THE CONDITIONS OF SUCH BOND AS
MAY BE REQUIRED SHALL IN NO EVENT EXCEED THE
AMOUNT OF SUCH BOND. Such bond shall not be required in
cases where the tuition is less than One Hundred Dollars ($100.00)
per academic or calendar year.

(d)    No enrollment contract between a nonpublic school required
to secure a Certificate of Approval from the State Superintendent of
Schools, except those exempted in subsection (c) hereof and a per-
spective student thereof, shal