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Ch. 288
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2002 LAWS OF MARYLAND
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[1.] (I) The county governing body shall levy an annual tax
sufficient to provide an amount of revenue for elementary and secondary public
education purposes equal to the [product of the wealth of the county and a local
contribution rate determined for each fiscal year] LOCAL SHARE OF THE
FOUNDATION PROGRAM; and
[2.] (II) The county governing body shall appropriate local
funds to the school operating budget in an amount no less than the product of the
[enrollment] COUNTY'S FULL-TIME EQUIVALENT ENROLLMENT for the current fiscal
year and the local appropriation on a per pupil basis for the prior fiscal year.
[(iii) 1.] (2) Except as provided in [sub-subparagraph 2 of this
subparagraph] PARAGRAPH (3) OF THIS SUBSECTION, for purposes of this
[paragraph] SUBSECTION, the local appropriation on a per pupil basis for the prior
fiscal year for a county is derived by dividing the county's highest local appropriation
to its school operating budget for the prior fiscal year by the [enrollment for the prior
fiscal year] COUNTY'S FULL-TIME EQUIVALENT ENROLLMENT FOR THE PRIOR
FISCAL YEAR. For example, the calculation of the [current expense] FOUNDATION
aid for fiscal year [1985] 2003 shall be based on the highest local appropriation for
the school operating budget for a county for fiscal year [1984] 2002. Program shifts
between a county operating budget and a county school operating budget may not be
used to artificially satisfy the requirements of this paragraph.
[2.] (3) For purposes of this [paragraph] SUBSECTION, for
fiscal year 1997 and each subsequent fiscal year, the calculation of the county's
highest local appropriation to its school operating budget for the prior fiscal year shall
exclude:
[A.] (I) A nonrecurring cost that is supplemental to the
regular school operating budget, if the exclusion qualifies under regulations adopted
by the State Board; and
[B.] (II) A cost of a program that has been shifted from the
county school operating budget to the county operating budget.
[3.] (4) The county board must present satisfactory evidence
to the county government that any appropriation under [sub-subparagraph 2 A of
this subparagraph] PARAGRAPH (3)(I) OF THIS SUBSECTION is used only for the
purpose designated by the county government in its request for approval.
[4.] (5) Any appropriation that is not excluded under
[sub-subparagraph 2 A of this subparagraph] PARAGRAPH (3)(I) OF THIS
SUBSECTION as a qualifying nonrecurring cost shall be included in calculating the
county's highest local appropriation to its school operating budget.
[5.] (6) Qualifying nonrecurring costs, as defined in
regulations adopted by the State Board, shall include but are not limited to:
[A.] (I) Computer laboratories;
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[B.] (II) Technology enhancement;
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- 2174 -
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