16                                Laws of Maryland                         [Ch. 7

(2)  it has in operation and effect a nondiscriminatory enroll-
ment policy, whereby any student would be eligible for admission and
actually admitted, subject only to space limitations; provided, how-
ever, that a school shall not be ineligible for participation in the pro-
gram because it gives enrollment preference to students already en-
rolled in the school;

(3)  all tuition and miscellaneous charges payable by students are
uniform for all students; provided, however, that a school shall not be
ineligible for participation in the program because it offers separate
bona fide scholarships. If a school does offer separate scholarships, it
shall satisfy the Superintendent that such separate scholarships are
not for the purpose and do not have the substantial effect of avoiding
the requirements of nondiscriminatory enrollment policy; and

(4) it would provide effective assistance to parents applying for
scholarships in completing the applications to the Board and in other-
wise complying with the requirements of the program.

(b)   The State Board of Education shall adopt appropriate rules
for the guidance of the Superintendent with respect to the criteria for
participation set forth herein;

(c)  Any nonpublic school desiring to participate in the program
shall make application for approval to the Superintendent and shall
supply such information as may enable the Superintendent in accord-
ance with rules promulgated by the State Board of Education, to de-
termine whether the criteria for participation are satisfied.

(d)   The Superintendent shall, in accordance with rules adopted
by the State Board of Education, make such periodic determinations
of continued compliance with the criteria for participation as he may
deem appropriate; and in the event that, after notice and opportunity
to be heard, he shall find that an approved nonpublic school is not in
compliance with said criteria he shall withdraw his approval, upon
which the said school shall no longer be eligible for participation in
the program; provided, however, that, where the Superintendent
deems it appropriate, he may allow the school a reasonable time in
which to effect compliance before withdrawing approval.

(e)  In any case where the Superintendent denies or withdraws
approval for participation in the program, the affected school shall
have the right of appeal to the State Board of Education. In any
such appeal, the school shall have the burden of establishing that the
decision of the Superintendent was in error.

(f)  Assistance under the program shall be available only with
respect to children in grades 1-12, or the equivalent thereof, in schools
offering a general educational program, as determined by the
Superintendent.

217.    Funding of Program.

Each year the Board shall estimate the amount needed to fund the
program for THE ensuing fiscal year, and shall submit the estimate
to the officials charged with preparing the Executive Budget.

218.    Amount of Scholarships.

Subject to the provisions of Section 220 of this article, the amount
of scholarship which may be awarded to any child under the program
shall be the lesser of