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State board approves republishing charter-school regulation raising special-education adjustment cap to 10%
Summary
The Maryland State Board of Education voted unanimously to republish amended COMAR 13AO210, raising the special-education adjustment ceiling from 8% to 10% and opening the regulation for public comment; board members said the change is a ceiling rather than a mandatory deduction and impacts will vary by district.
The Maryland State Board of Education voted unanimously to republish an amended regulation for the Maryland Public Charter School Program that raises the ceiling on the special-education adjustment from 8% to 10% and opens the rule for public comment.
Executive Director Zachary Hans told the board the recommended change "raises the ceiling on the special education adjustment provision, from 8% to 10% to ensure fairness in the model." The board moved to republish the text so it can appear in the Maryland Register for a formal public-comment period.
Board Chair Doctor Michael said timing drove the special meeting: posting the regulation for comment keeps it on track with local budget timetables and could allow the guidance to be considered for the upcoming school year. "Posting it for public comment…is not a final decision," he said, noting the public-comment period is a required review step.
Board members asked staff to clarify who had requested the change. Miss Medina noted that a committee had earlier recommended a different percentage; Hans replied that the cap was developed by the board after the committee recommendation and that additional feedback arrived during the AELR legislative review stage and from stakeholders.
Several members asked about fiscal effects. Miss Chang said she wanted clearer detail on the fiscal consequences of a 2-percentage-point increase and whether small charter schools could be harmed. Hans and other board members said impacts will differ by local education agency (LEA) and that staff are analyzing district-level effects. "This net could mean potentially more money being withheld upfront from a charter school allocation and being redistributed as a part of the special education program," Hans said.
Doctor Lewis and staff emphasized the adjustment is a ceiling, not a mandatory deduction, and that funds tied to high-need students can flow back to schools that demonstrate qualifying expenditures. "It's not a straight deduction. It's an adjustment," Lewis said, adding that money for students with high needs would come back to schools that require it.
After discussion, Mister Greer moved and Doctor Goldson seconded a motion to republish the amended COMAR 13AO210, Maryland Public Charter School Program, reflecting the 10% special-education adjustment cap. The board voted by voice/hand-raise; the chair said the motion carried unanimously.
The rule will now be published for public comment in the Maryland Register, starting the formal review period. Board members said they expect to revisit the design and implementation after additional feedback and district-level analyses are available.
