MARVIN MANDEL, Governor

1335

MULTIPLIED BY 0.45. THE PRODUCT SHALL THEN BE DIVIDED BY
THE SUM OF THE WEALTH OF ALL OF THE COUNTIES; AND THE
RESULTING QUOTIENT, EXPRESSED AS A PERCENTAGE ROUNDED TO
THE THIRD DECIMAL PLACE, SHALL BE THE UNIFORM PERCENTAGE.
IN NO EVENT, HOWEVER, SHALL A COUNTY CONTRIBUTE LESS TO
THIS PROGRAM THAN IT DID IN THE SCHOOL YEAR 1975-76.

(D)    FEDERAL FUNDS. THE CALCULATIONS PROVIDED FOR
IN SUBSECTIONS (B) AND (C) SHALL NOT INCLUDE FEDERAL
FUNDS RECEIVED BY THE STATE OR THE COUNTY FOR SPECIAL
EDUCATIONAL PROGRAMS AND SERVICES. ALL SUCH FUNDS SHALL
BE IN ADDITION TO, AND NOT AS PART OF, THE REQUIRED LOCAL
AND STATE CONTRIBUTIONS.

(E)    ADDITIONAL AID. NOTHING IN THIS SECTION SHALL
PRECLUDE A COUNTY, OR THE STATE, FROM CONTRIBUTING MORE
TO SPECIAL EDUCATIONAL PROGRAMS IN ACCORDANCE WITH NORMAL
BUDGETARY PROCEDURES.

106G. PAYMENT FOR NONPUBLIC SPECIAL EDUCATIONAL SERVICES

(A)    IF, IN THE CASE OF ANY CHILD IN NEED OF
SPECIAL EDUCATIONAL SERVICES, THERE IS NO PROGRAM IN THE
PUBLIC SCHOOL SYSTEM PROVIDING THESE SERVICES, AND THE
PROVISION OF SUCH A PUBLIC PROGRAM IS NOT THEN FEASIBLE,
THE COUNTY SHALL ARRANGE WITH A NONPUBLIC SCHOOL, WITHIN
OR WITHOUT THE STATE, APPROVED BY THE STATE DEPARTMENT OF
EDUCATION FOR THE PROVISION OF THESE SERVICES. THE
COUNTY SHALL, IN ACCORDANCE WITH BY-LAWS ADOPTED BY THE
STATE BOARD OF EDUCATION, PAY THE COST OF PROVIDING THESE
NONPUBLIC SPECIAL EDUCATIONAL SERVICES, EXCLUDING THE
COST OF NECESSARY TRANSPORTATION, WHICH SHALL BE PAID BY
THE STATE IN ACCORDANCE WITH §99 OF THIS ARTICLE.

(B)    THE PAYMENTS BY THE COUNTY FOR NONPUBLIC
SPECIAL EDUCATIONAL SERVICES SHALL BE INCLUDED IN THE
CALCULATION OF THE BASIC SPECIAL EDUCATIONAL EXPENSES AS
DEFINED IN §106F(A).

106H. MODIFICATION OF LOCAL PLAN

(A) IF A LOCAL BOARD OF EDUCATION DETERMINES FOR
ANY SCHOOL YEAR THAT THE COUNTY SHARE PLUS THE STATE
SHARE, PLUS ANY ADDITIONAL AID, EACH AS DEFINED IN
SECTION 106F, ARE INSUFFICIENT TO CARRY OUT THE LOCAL
PLAN APPROVED UNDER THE PROVISIONS OF SECTION 106D(B),
THE LOCAL BOARD SHALL PREPARE A MODIFICATION OF THE LOCAL
PLAN AND SUBMIT IT TO THE STATE SUPERINTENDENT OF SCHOOLS
PRIOR TO APRIL 1 PRECEDING THE SCHOOL YEAR TO WHICH THE
MODIFICATION WILL APPLY. IF THE LOCAL BOARD OF EDUCATION
FAILS TO SUBMIT A REQUIRED MODIFICATION BY APRIL 1, THE
STATE SUPERINTENDENT OF SCHOOLS SHALL PREPARE THE
MODIFICATION, WHICH , UPON APPROVAL BY THE STATE BOARD OF
EDUCATION, SHALL BECOME PART OF THE LOCAL PLAN. THE