(1) IF THE LOCAL EDUCATION AGENCY'S MARYLAND LEARNING
SUCCESS PROGRAM PLAN DOES NOT REQUIRE THE FULL AMOUNT OF THE MAXIMUM
MARYLAND LEARNING SUCCESS PROGRAM GRANT;

(2) IF IN THE JUDGMENT OF THE STATE SUPERINTENDENT, THE LOCAL
EDUCATION AGENCY'S MARYLAND LEARNING SUCCESS PROGRAM PLAN WILL NOT
EFFECTIVELY MAXIMIZE THE EDUCATIONAL RESULTS OF REDUCED CLASS SIZES;

(3) IF IN THE STATE SUPERINTENDENT'S JUDGMENT, THE LOCAL
EDUCATION AGENCY'S IMPLEMENTATION OF THE MARYLAND LEARNING SUCCESS
PROGRAM GRANTS, FEDERAL CLASS SIZE REDUCTION INITIATIVE GRANTS PROVIDED
UNDER PUBLIC LAW 105-277, AND ANY OTHER FEDERAL FUNDS PROVIDED
SPECIFICALLY FOR THE PURPOSE OF ADDING TEACHERS HAS NOT BEEN EXPENDED
EFFICIENTLY, EFFECTIVELY, AND IN ACCORDANCE WITH THE LOCAL EDUCATION
AGENCY'S MARYLAND LEARNING SUCCESS PROGRAM PLAN;

(4) IF THE LOCAL EDUCATION AGENCY'S MARYLAND LEARNING
SUCCESS PROGRAM PLAN OR MARYLAND LEARNING SUCCESS REPORT DO NOT MEET
THE CRITERIA SET FORTH IN THIS SECTION AND IN ANY GUIDELINES OR
REGULATIONS ESTABLISHED PURSUANT TO THIS SECTION; OR

(5) FOR FISCAL YEARS 2001 AND 2002, IN LOCAL EDUCATION AGENCIES
WHERE THE NUMBER OF PROVISIONALLY CERTIFIED TEACHERS EXCEEDS 2
PERCENT OF THE TOTAL NUMBER OF TEACHERS, IF, IN THE JUDGMENT OF THE
STATE SUPERINTENDENT, THE PLAN DOES NOT PROVIDE AN EFFECTIVE STRATEGY
FOR REDUCING THE NUMBER OF PROVISIONALLY CERTIFIED TEACHERS TO 2
PERCENT OF THE TOTAL NUMBER OF TEACHERS BY JUNE 30, 2002.

(G) NOTWITHSTANDING THE PROVISIONS OF SUBSECTION (D)(2) OF THIS
SECTION, THE STATE SUPERINTENDENT, IN CONSULTATION WITH THE GOVERNOR,
MAY ANNUALLY WAIVE OR MODIFY THE GRANT REDUCTION PENALTY IN
SUBSECTION (D)(2) OF THIS SECTION, IF THE LOCAL EDUCATION AGENCY HAS
DEMONSTRATED IN WRITING THAT IT HAS MADE:

(1) SUBSTANTIAL EFFORTS TOWARDS REDUCING THE NUMBER OF
PROVISIONALLY CERTIFIED TEACHERS;

(2) SIGNIFICANT ATTEMPTS TO RECRUIT AND HIRE CERTIFIED
TEACHERS;

(3) SIGNIFICANT ATTEMPTS TO ASSIST NONCERTIFIED PROVISIONALLY
CERTIFIED TEACHERS IN BECOMING CERTIFIED IN THE STATE; AND

(4) SIGNIFICANT ATTEMPTS TO REHIRE RETIRED CERTIFIED TEACHERS.

(H) THE BOARD SHALL MEASURE SUBSTANTIAL EFFORTS BASED ON THE
CHANGE IN THE NUMBER OF PROVISIONALLY CERTIFIED TEACHERS FROM THE
ACTUAL NUMBER OF PROVISIONALLY CERTIFIED TEACHERS EMPLOYED AS OF
DECEMBER 1, 1999.