(1) A virtual learning opportunity offered by the Department or a county board under § 7-1002 of this title;

(2) An upper-level high school program that:

(i) Has online components; and

(ii) Designs a student’s academic program to maximize the flexibility of the student’s schedule to accommodate the student’s work schedule; or

(3) A public school operating under a virtual education plan during a prolonged state of emergency under Subtitle 14A of this title.

(b) (1) Subject to paragraph (2) of this subsection, in this subtitle any references to a county board include multiple county boards operating a virtual school under a written agreement.

(2) (i) If multiple county boards establish a virtual school under a written agreement, the county boards shall designate a lead county from among the participating counties.

(ii) Unless inconsistent with the provisions of this subtitle or the written agreement specifies otherwise, the policies on personnel, instruction, scheduling, and student support in the lead county shall govern the virtual school.