Maryland's political leaders are rightly touting the state's success in the federal Race to the Top education competition on the campaign trail, but the award — and the $240 million that go with it — could crumble shortly after the election. A key component of Maryland's application was a new system in which at least half of a teacher's evaluation is based on student performance, but now a legislative committee is holding up that requirement and putting at risk not only the state's federal grant money but also the innovative teacher contract up for debate in Baltimore.

At the center of the debate on the Administrative, Executive and Legislative Review Committee is Sen. Paul Pinsky, a Democrat who represents Prince George's County, which would be due to receive $23.6 million under Race to the Top. In his day job, he works for the Montgomery County Teachers Union, which opposed Maryland's Race to the Top application. Mr. Pinsky argues that the state Department of Education is overstepping the school reform law the General Assembly passed this spring, which stipulated that a "significant" portion of teacher evaluations would be tied to student achievement but did not specify 50 percent. He says the legislature considered setting the 50 percent standard in law but rejected the idea. He also accuses the Department of Education of short-circuiting a process of gathering input from local school districts and imposing a standard evaluation system on them in a way the law doesn't allow.

For starters, the 50 percent figure is not entirely based on student test scores. They can — and should — be a component of determining student achievement, but they aren't everything under the state's plan. Furthermore, according to the education department, 30 percentage points of the student achievement standards will be developed by the state and 20 points will be determined by local jurisdictions in consultation with teachers unions. If they can't agree, then the state can impose its template for the entire 50 percent. And beyond that, the remaining 50 percent of a teacher's evaluation will still be determined entirely by local boards of education and can rely on the same factors that have been used in the past, such as years of service and advanced degrees. That's hardly a state takeover and still leaves significant local control.

The legislative committee has until Nov. 12 to decide whether to accept or reject the education department's proposed regulations. If it fails to act, they go into effect automatically, but Mr. Pinsky says it is likely the committee will meet again and take up the matter.

It's unclear what will happen if the committee rejects the regulations. There isn't precedent yet for a Race to the Top state reneging on the commitments in its application, but the Obama administration has demonstrated its seriousness about reform throughout the competition, and there's good reason to believe that Maryland would face consequences.

But beyond that, rejecting the regulations would simply prolong the uncertainty about teacher evaluations that played a role in the Baltimore Teachers Union's rejection of its proposed contract. That pact, worked out by the union leadership and schools CEO Andrés Alonso, called for the abandonment of traditional step increases for teacher advancement in favor of a system tied to classroom effectiveness. That has the potential to not only recognize teachers for instructional excellence but also to boost achievement throughout the city. Many teachers who voted against the contract said they don't object to the concept but want to know the details.

In a recent interview with The Sun's editorial board, Gov. Martin O'Malley expressed concern that the Department of Education's work group on teacher evaluations — which includes representatives of local teachers unions — was unlikely to finish its effort before the end of the year, which might be too late for Baltimore teachers, whose contract is due to expire Oct. 28. He said he would work to see if the process could be sped up, at least for Baltimore City.

Here's his chance to help. Mr. O'Malley should call on Mr. Pinsky's committee to make its final decision on these regulations before the Nov. 2 election. If the committee does reject them, Mr. O'Malley has the power to enact them anyway. If it comes to that, he should do so, and he should make his intentions clear before voters go to the polls. Over the last year, Mr. O'Malley, who has traditionally sided with the teachers unions, has voiced increasingly stronger support for education reform. Now he can prove his commitment.