Sec. 13a.04.02.06. Federal Funds

A. Requirements. The State Board of Education shall implement the requirements of the Carl D. Perkins Career and Technical Education Act, Public Law 109-270 (2006). Each eligible recipient, as defined by the Carl D. Perkins Career and Technical Education Act, shall comply with these requirements in order to receive and expend federal funds.

B. Application for Funds.

(1) An eligible recipient requesting federal funds for career and technology education programs shall submit an application annually to the State Department of Education on a form prescribed by the State Superintendent of Schools. The application shall:

(a) Contain assurances that both the requirements of Education Article, §2-205(h), Annotated Code of Maryland, and this regulation are met;

(b) Identify the programs to receive federal funds for career and technology education, which shall be restricted to career and technical programs that are:

(i) Approved by the State Department of Education;

(ii) Focused on program upgrades and improvement; and

(iii) Related to labor market, workforce, and economic development needs, particularly in high wage, high skill, and high demand careers;

(c) Set forth a plan that targets funds to address eligible recipients priority needs identified through data and analysis;

(d) Identify the proposed expenditures for each program; and

(e) Include the expected and measurable outcomes resulting from proposed expenditures.

(2) Collaborative Planning. An eligible recipient shall use a collaborative planning process to ensure the participation of all groups involved in local planning and assessment for career and technology education. These groups include, but are not limited to, the local advisory council, program advisory committees, local workforce investment boards, and local economic development personnel, as well as representatives from secondary and postsecondary instructional areas, guidance and counseling, special education, student support services, and Workforce Innovation and Opportunity Act programs.

(3) Maintenance of Fiscal Effort.

(a) Payments may not be made to any eligible recipient unless the State determines that its expenditures of general funds per student or aggregate fiscal effort for career and technology education in the fiscal year preceding the fiscal year for which the determination is made equaled or exceeded its effort for career and technology education for the second preceding fiscal year.

(b) If fiscal effort cannot be maintained, the eligible recipient may request a waiver in writing. The request for waiver shall be submitted to the Assistant State Superintendent, Division of Career and College Readiness, Maryland State Department of Education, not later than June 30 of the fiscal year in which effort cannot be maintained. The Assistant State Superintendent may grant a request for waiver of maintenance of effort for good cause.

(4) Financial Reporting Requirements.

(a) Financial reports shall be submitted according to the forms and procedures in the "Financial Reporting Manual for Maryland Public Schools Revised 2009", which is incorporated by reference in COMAR 13A.02.01.02C.

(b) An eligible recipient shall submit an Annual Financial Report of Expenditures to the State Department of Education not later than September 30 of each year. The report shall include expenditures, source year of funds, and State, local, and federal expenditures during the fiscal year. The Maintenance of Fiscal Effort figure is also reported and it represents the official Maintenance of Effort figure for the eligible recipient. The State Department of Education may withhold CTE payments from an eligible recipient that does not submit this report by the specified date.

(5) Liquidation of Financial Obligations.

(a) The liquidation of financial obligations incurred in a given fiscal year shall be completed within 90 calendar days after the end of the grant period.

(b) The unused balance of funds granted to the eligible recipient which is remaining after the 90 calendar day liquidation period shall be refunded immediately to the State Department of Education.

(c) If obligations cannot be eliminated within the 90 calendar day liquidation period, the eligible recipient may request, in writing, an extension of the liquidation period as follows:

(i) The request for extension shall be submitted to the Assistant State Superintendent, Division of Career and College Readiness, Maryland State Department of Education, at least 15 calendar days before the end of the liquidation period; and

(ii) The Assistant State Superintendent may approve a request for extension for good cause.

(6) Equipment Management and Inventory. The Division of Career and College Readiness and each eligible recipient shall establish and maintain equipment inventories and appropriate record-keeping systems for equipment with an initial cost of $5,000 or more that was purchased with federal funds.

(7) Program Reports.

(a) Program reports shall be submitted by the eligible recipient according to a form prescribed by the Maryland State Department of Education and as identified on the Notice of Grant Award.

(b) Interim program reports are due no later than January 15 of each year.

(c) Final program reports are due July 31 of each year.

(d) Other required reports such as outcome data, enrollment files, work-based learning questionnaires, pregraduate surveys, verification of eligible programs, Pell grant recipients, including justification of greater or less than 5 percent variance if needed, local agreed-upon performance levels, and others as may be required are due by the date identified and provided to eligible recipients by the Maryland State Department of Education.

(e) The State Department of Education may withhold CTE payments from an eligible recipient that does not submit this report by the specified date.

(f) For grants, applications, and other related items, spending authority becomes effective the first day of the month in which all required items have been submitted in approvable form.

C. Equity. An eligible recipient receiving federal funds shall comply with the provisions of Title VI of the Civil Rights Act of 1964, Title IX of the Education Amendments of 1972, and Section 504 of the Rehabilitation Act of 1973, and shall provide information to the Division of Career and College Readiness, as requested, to demonstrate compliance.