(a) In accordance with § 9-104 of this title, a county board may grant a waiver from § 9-102(3) of this title to: (1) A converted public charter school that: (i) Subject to subsection (b) of this section, provides guaranteed placement through a lottery to students who live within the geographic attendance area established by the county board; (ii) Is a low-performing school as identified by the county board; (iii) Is above the county average rate for the percentage of students who are eligible for free and reduced price meals; and (iv) Meets a strategic need of the local school system, as identified in the county board's public charter school policy developed under § 9-110 of this title, that shall include at least one of the following elements: 1. Serving a high-need population; 2. Increasing student performance; 3. Increasing enrollment; or 4. Increasing student diversity; or (2) A converted public charter school that is seeking renewal of an existing charter contract that was granted under item (1) of this subsection. (b) If a public charter school does not fill 100% of its available space under subsection (a)(1) of this section, the public charter school shall admit students on a lottery basis to its remaining available space.
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