Ch. 175                                    1996 LAWS OF MARYLAND

SECTION 2. AND BE IT FURTHER ENACTED, That Section(s) 5-101(f) and
5-103(e) of Article - Education of the Annotated Code of Maryland be repealed.

SECTION 3. AND BE IT FURTHER ENACTED, That Section(s) 5-101(e)
through (d), (e), (g), and (h), respectively, of Article - Education of the Annotated Code
of Maryland be renumbered to be Section(s) 5-101(b) (c) through (f), respectively.

SECTION 2. 4. AND BE IT FURTHER ENACTED, That this Act shall take effect
July 1, 1996.

SECTION 4. AND BE IT FURTHER ENACTED, That the State Board of
Education, in consultation with the State Superintendent of Schools, shall establish by
regulation criteria to evaluate county requests for waivers authorized under § 5-202(b)(3)(iv)2
of the Education Article, as enacted by Section 1 of this Act. A report detailing these criteria
shall be prepared by the Superintendent and submitted to the Legislative Policy Committee on
or before December 1, 1996.

SECTION 5. AND BE IT FURTHER ENACTED, That, notwithstanding the
application time for a waiver authorized under § 5-202(b)(3)(iv) of the Education Article as
enacted by Section 1 of this Act, for the fiscal year that begins July 1, 1996, the State Board of
Education may grant a waiver or partial waiver under that section based on regulations
adopted by the Board specifically for the fiscal year beginning July 1, 1996 if a county makes
a request for a waiver to the State Board of Education by June 15, 1996.

SECTION 6. AND BE IT FURTHER ENACTED, That:

(a)    Except as otherwise provided in this section, the changes made under this Act to §§
5-101, 5-103, and 5-105 of the Education Article do not apply to the budgets of the county
boards of education until the fiscal year that begins July 1, 1997.

(b)    For the fiscal year that begins July 1, 1996, a county board shall submit to the
county governing body a report at the end of each month if during that month the county
board:

(1)    Makes a transfer authorized under § 5-105(c) of the Education Article; or

(2)     Takes any action that reasonably would be expected to commit the county
board to spend more for the current fiscal year in any major category than the amount
approved in the annual budget for that category.

(c)    A report under subsection (b) of this section shall include:

(1)    A narrative summary that clearly indicates each transfer under § 5-105(c) of
the Education Article; and

(2)    An explanation of any action described under subsection (b)(2) of this
section, indicating any request for transfer between major categories that may become
necessary for the fiscal year as a result of the action.

SECTION 7. AND BE IT FURTHER ENACTED, That, subject to the provisions of
Section 6 of this Act, this Act shall take effect June 1, 1996.

Approved April 30, 1996.

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