ROBERT L. EHRLICH, JR., Governor                                Ch. 358

(2)      THE MEASUREMENT OF STUDENT ACADEMIC ACHIEVEMENT,
INCLUDING ALL ASSESSMENTS REQUIRED FOR OTHER PUBLIC SCHOOLS AND OTHER
ASSESSMENTS MUTUALLY AGREED UPON BY THE PUBLIC CHARTERING AUTHORITY
AND THE SCHOOL; OR

(3)      THE HEALTH, SAFETY, OR CIVIL RIGHTS OF A STUDENT OR AN
EMPLOYEE OF THE CHARTER SCHOOL.

9-107.

(A) A PUBLIC CHARTERING AUTHORITY MAY NOT GRANT A CHARTER TO A
PUBLIC CHARTER SCHOOL WHOSE OPERATION WOULD BE INCONSISTENT WITH ANY
PUBLIC POLICY INITIATIVE, COURT ORDER OR FEDERAL IMPROVEMENT PLAN
GOVERNING SPECIAL EDUCATION THAT IS APPLICABLE TO THE STATE.

(B) A PUBLIC CHARTERING AUTHORITY SHALL ENSURE THAT THE
AUTHORIZING PROCESS FOR A PUBLIC CHARTER SCHOOL AND THE CHARTER
APPLICATION ADDRESS THE ROLES AND RESPONSIBILITIES OF THE COUNTY BOARD
AND THE APPLICANTS AND OPERATORS OF THE PUBLIC CHARTER SCHOOL WITH
RESPECT TO CHILDREN WITH DISABILITIES.

(C) THE PUBLIC CHARTERING AUTHORITY SHALL ENSURE THAT, PRIOR TO
OPENING A PUBLIC CHARTER SCHOOL, THE OPERATORS OF THE SCHOOL ARE
INFORMED OF THE HUMAN, FISCAL, AND ORGANIZATIONAL CAPACITY NEEDED TO
FULFILL THE SCHOOL'S RESPONSIBILITIES RELATED TO CHILDREN WITH
DISABILITIES.

(D) THE STATE BOARD SHALL PROVIDE TECHNICAL ASSISTANCE TO THE
OPERATORS OF A PUBLIC CHARTER SCHOOL TO HELP THE SCHOOL MEET THE
REQUIREMENTS OF FEDERAL AND STATE LAWS, INCLUDING 20 U.S.C. § 1400, ET SEQ.
AND § 504 OF THE REHABILITATION ACT OF 1973, 29 U.S.C. § 794.

9-107. 9-108.

(A)      EMPLOYEES OF A PUBLIC CHARTER SCHOOL:

(1)      ARE PUBLIC SCHOOL EMPLOYEES, AS DEFINED IN §§ 6-401(D) AND
6-501(F) OF THIS ARTICLE;

(2)      ARE EMPLOYEES OF A PUBLIC SCHOOL EMPLOYER, AS DEFINED IN §§
6-401(E) AND 6-501(G) OF THIS ARTICLE, IN THE COUNTY IN WHICH THE PUBLIC
CHARTER SCHOOL IS LOCATED; AND

(3)      SHALL HAVE THE RIGHTS GRANTED UNDER TITLE 6, SUBTITLES 4
AND 5 OF THIS ARTICLE.

(B)      IF A COLLECTIVE BARGAINING AGREEMENT UNDER TITLE 6, SUBTITLE 4
OR 5 OF THIS ARTICLE IS ALREADY IN EXISTENCE IN THE COUNTY WHERE A PUBLIC
CHARTER SCHOOL IS LOCATED, THE EMPLOYEE ORGANIZATION AND THE PUBLIC
CHARTER SCHOOL MAY MUTUALLY AGREE TO NEGOTIATE AMENDMENTS TO THE
EXISTING AGREEMENT TO ADDRESS THE NEEDS OF THE PARTICULAR PUBLIC
CHARTER SCHOOL.

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