Counties interested in making formal request for waivers from the State’s Maintenance of Effort (MOE) requirements have until April 1, 2009.

Under the requirements of Maryland Education Article §5-202, Annotated Code of Maryland, county governments must prove that the county’s fiscal condition “significantly impedes” the county’s ability to fund MOE. The State Board of Education by May 15, 2009, is required by law to issue a decision granting or denying the waiver request. To meet that deadline, the State Board hereby announces the filing requirements and expedited schedule for hearing such waiver requests.

The State Board will accept written comments from the public, including the local school systems, local boards of education, teacher associations, parent-teacher organizations and other persons residing in the county requesting the MOE waiver.

Date for Filing MOE Request:      April 1, 2009 by 5:00 p.m.
                                                         (Eastern Daylight Time)
                                                         (late filings will be rejected)

Minimum Content of Maintenance of Effort Waiver Request
(20 copies must be filed)

(1) A narrative of no more than 25 pages explaining all the evidence presented and why it demonstrates that the county’s fiscal condition “significantly impedes” the county’s ability to fund MOE;

(2) The amount the county proposes to appropriate to its school operating budget and the amount the county is required to appropriate to meet the maintenance of effort requirement;

(3) Information detailing the county's projected fiscal condition for the fiscal year the waiver is being requested and the current fiscal year, as well as information regarding the county's revenue stream from property tax, income tax, other taxes, and other revenue streams;

(4) If applicable, information regarding statutory prohibitions for raising revenues;

(5) Copies of the county's three most recent audited financial statements;

(6) The county's projected expenditure plan for the fiscal year in which the waiver is requested, as well as the current fiscal year expenditure plan;

(7) Additional information in support of the waiver request as the county considers necessary;

(8) A statement on whether the local board of education supports or opposes the MOE Waiver Request;

(9) The amount of funding anticipated through the Federal Fiscal Stabilization Act and the American Recovery and Reinvestment Act of 2009 and the positive or negative effect of such funding on local maintenance of effort for schools; and

(10) The State Board may request additional information from the county as it considers necessary.

Date of Filing a Response to/or Comment on the MOE Waiver Request (15 page maximum):

April 10, 2009 by 5:00 p.m.
(late filings will be rejected; 20 copies must be filed)


Date by which Local Government may File a Reply to all Responses and Comments (20 page maximum):

April 15, 2009 by 5:00 p.m.
(late filings will be rejected; 20 copies must be filed)


Date of Public Hearing:
April 27, 2009 at 9:00 a.m.
(All waiver requests will be heard on this date)

Date of State Board’s Decision:
May 15, 2009 by 5:00 p.m.

How to File Waiver Request:

Mail or hand-deliver to Maryland State Board of Education for receipt no later than April 1, 2009 at 5:00 p.m. to:

Anthony South, Executive Director
Maryland State Board of Education
200 West Baltimore Street
Baltimore, MD 21201

Please review COMAR 13A.02.05.04 for the regulatory requirements of the Waiver Request process.

3/23/09