§ 5-405. Release and withholding of funds
West's Annotated Code of MarylandEducationEffective: June 1, 2022
Effective: June 1, 2022
MD Code, Education, § 5-405
§ 5-405. Release and withholding of funds
(a) Subject to the judgment of the Board and in accordance with this section, each fiscal year a portion of the increase in the State share of major education aid, as defined in § 5-201 of this title, over the amount provided in the prior fiscal year shall be withheld from public schools and local school systems.
(b) Except as otherwise provided in this section, beginning in fiscal year 2023, 25% of the increase in the State share of major education aid over the amount provided in the prior fiscal year shall be automatically withheld from a local school system for the next fiscal year.
(c)(1) For fiscal year 2023, the Board shall release funds withheld under this section if the Board finds that a local school system has met the minimum guidelines for the submission of the initial implementation plan under § 5-404 of this subtitle.
(d) Beginning in fiscal year 2026, the Board shall consider releasing funds withheld under this section to a public school or local school system if:
(e) The Board may withhold more than 25% of the increase in the State share of major education aid over the amount provided in the current fiscal year from a public school or local school system, if, in the judgment of the Board:
(f) In determining whether to release or withhold additional funds under this section, the Board shall consider whether a public school or local school system has been responsive to the recommendations of the Department, the Career and Technical Education Committee, an Expert Review Team, and the Board's staff.
(g) The Board shall notify the Governor, the President of the Senate, and the Speaker of the House of Delegates of a decision not to release funds or to withhold additional funds.
(h)(1) If the Board finds that funding should not be released under subsection (c) or subsection (d) of this section, the Board shall, on or before December 1, issue an initial warning to the public school principal or county superintendent that funds may not be released in the next fiscal year.
(i) The Board shall notify the State Superintendent and the Comptroller for purposes of § 5-205 of this title by June 1 of each year of the Board's final decision to release, not release, or withhold additional funds under this section in the next fiscal year.
(j)(1) The Board may determine it is necessary to release or withhold funds for the current fiscal year.
Credits
Added by Acts 2021, c. 36, § 3, eff. March 14, 2021. Amended by Acts 2021, c. 55, § 1, eff. April 9, 2021; Acts 2022, c. 33, § 1, eff. June 1, 2022.
MD Code, Education, § 5-405, MD EDUC § 5-405
Current through legislation effective through May 9, 2024, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
End of Document |