PARRIS N. GLENDENING, Governor                             Ch. 175

A. COMPUTER LABORATORIES;

B. TECHNOLOGY ENHANCEMENT;

C. NEW INSTRUCTIONAL PROGRAM START-UP COSTS; AND

D. BOOKS OTHER THAN CLASSROOM TEXTBOOKS.

(IV) 1. THE PROVISIONS OF THIS PARAGRAPH DO NOT APPLY TO A
COUNTY IF THE COUNTY IS GRANTED A TEMPORARY WAIVER OR PARTIAL WAIVER FROM
THE PROVISIONS BY THE STATE BOARD OF EDUCATION BASED ON A DETERMINATION
THAT THE COUNTY'S FISCAL CONDITION SIGNIFICANTLY IMPEDES THE COUNTY'S
ABILITY TO FUND THE MAINTENANCE OF EFFORT REQUIREMENT.

2. AFTER A PUBLIC HEARING THE STATE BOARD OF
EDUCATION MAY GRANT A WAIVER UNDER THIS SUBPARAGRAPH IN ACCORDANCE WITH
ITS REGULATIONS.

3. IN ORDER TO QUALIFY FOR THE WAIVER UNDER THIS
SUBPARAGRAPH FOR A FISCAL YEAR A COUNTY SHALL MAKE A REQUEST FOR A WAIVER
TO THE STATE BOARD OF EDUCATION BY APRIL I OF THE PRIOR FISCAL YEAR

4. THE STATE BOARD OF EDUCATION SHALL INFORM THE
COUNTY WHETHER THE WAIVER FOR A FISCAL YEAR IS APPROVED OR DENIED IN WHOLE
OR IN PART BY MAY 15 OF THE PRIOR FISCAL YEAR

5-205.

(a) After notification from the State Superintendent that a county is not
complying with the provisions of the State program of public education, the State
Comptroller shall withhold any installment due the county from the General State School
Fund.

(b) (1) If the Superintendent finds that a county is not complying with the
maintenance of local effort provisions of § 5-202 of this article or that a county fails to
meet the requirements of Title 5, Subtitle 4 of this article, the Superintendent shall notify
the county of such noncompliance.

(2) If a county disputes the finding within 30 days of the issuance of such
notice, the dispute shall be promptly referred to the State Board of Education which shall
make a final determination.

(3) Upon receipt of certification of noncompliance by the Superintendent or
the State Board, as the case may be, the Comptroller shall suspend, until notification of
compliance is received, payment of any funds due the county for the current fiscal year, as
provided under § 5-202 of this article which are appropriated in the General State School
Fund, to the extent that the State's aid due the county in the current fiscal year under that
section in the Fund exceeds the amount which the county received in the prior fiscal year.
(C) NOTWITHSTANDING THE PROVISIONS OF THIS SECTION OR § 5-202 OF THIS
SUBTITLE, THE STATE BOARD OF EDUCATION, AFTER A PUBLIC HEARING. AND IN
ACCORDANCE WITH ITS REGULATIONS, MAY GRANT A COUNTY A WAIVER FROM
THE PROVISIONS OF THIS SECTION OR § 5-202 OF THIS SUBTITLE.

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