(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.