Maryland Attorney General’s Office Rules in Favor of MOE Arrangement Between Wicomico Schools and Wicomico County
The Maryland Attorney General’s Office on Wednesday issued an opinion stating that the arrangement between the Wicomico County Board of Education and Wicomico to meet the state’s maintenance of effort (MOE) requirement for 2009-10 “appears consistent with the State education law.”

Transferring $2 million from the school system’s school construction fund – built from surplus funds from prior years’ appropriations and not from this year’s budget – “appears consistent with the State education law and the purpose of that fund,” the Nov. 4 opinion said. [click here to read the full opinion]

"This success in finding a legal way to work together to solve a very difficult economic problem without jeopardizing major funding resources demonstrates the benefits of hard work and a bit of luck,” Superintendent of Schools Dr. John Fredericksen said. “The reserve fund was designed to be a tool that reduced deferred maintenance in a collaborative manner involving the Wicomico Board of Education, the Wicomico County Council, and local community experts. Fortunately, its design also facilitated the fund's use in this time of financial need.”

The school system included the $2 million transfer to county in its fiscal 2010 budget, but could not make the payment until it got word from the Maryland Attorney General's Office that the arrangement was acceptable to the state. “The check will be delivered immediately," Dr. Fredericksen said.

Board President Mark S. Thompson said the Board and school system are very excited and pleased with the opinion from the Maryland Attorney General's Office.

"We were able to come up with a plan that enables us to help Wicomico County get through a time of financial difficulty, while still keeping us in good legal standing with regard to maintenance of effort. We had the right people in place at the right time to come up with a creative solution to get the job done and preserve much-needed state funding for Wicomico County Public Schools," Thompson said.

MOE plans from Prince George’s and Montgomery counties were not deemed permissible. Dr. Fredericksen said many people had a hand in coming up with a solution for Wicomico that received state approval.

"Thanks are due to many Board of Education staff members and Board members, past and present, for crafting a solution to the MOE challenge that was the only one recognized as valid by the Maryland Attorney General's Office,” Dr. Fredericksen said. “Wicomico schools and students also benefited greatly from the school system, Board of Education and the county working cooperatively to achieve a workable solution.”

“The real winners here are our school children,” said County Executive Richard M. Pollitt Jr. “This assures us that critical state funds will continue to be available for our educational system. I’m obviously delighted that we were able to come up with a plan that passed legal muster. I also heartily congratulate the Board of Education and the County Council for making this happen.”
November 5, 2009