School Board Member Contemplates Legal Action Against State Over School Calendar

Hogan makes it more difficult for school systems to get waiver for pre-Labor Day start

By Douglas Tallman

School board member Patricia O'Neill on Monday discusses the 2017-2018 school calendar. Montgomery County Public Schools

A Montgomery County Board of Education member said Wednesday the school system might contemplate taking the state to court after a new executive order makes it more difficult for Maryland school districts to start classes before Labor Day.

“I think we’ll have to make a decision about what direction we’re going to proceed,” board member Patricia O’Neill said. “We unanimously voted to seek a waiver. We should by all means follow the rules, and if that fails, consider legal options.”

On Aug. 31, Gov. Larry Hogan issued an executive order requiring public school districts to start school after Labor Day—Sept. 4, 2017—and complete the state-mandated 180-day school year by June 15. With his order, the governor said he wanted to make the summer longer for families as well as boost state tourism.

The order gave school systems the option of seeking a waiver from the requirements from the Maryland State Department of Education.

The county school board Monday approved a 2017-2018 calendar that starts Aug. 28, directing staff to seek a waiver.

On Tuesday, Hogan amended his original executive order to allow waivers for “innovative school schedules” for charter schools and certain low-performing or at-risk public schools. School systems also could get a waiver if they have closed 10 days annually during any two of the last five years for snow, natural disasters or civil disturbances.

The amended executive order “really stems from a lot of concerns from state board of education and some locals who were concerned about guidance as far as waivers go,” Hogan spokesman Doug Mayer said.

O’Neill wondered whether Montgomery County’s actions angered the governor, prompting the amended order.

Mayer disagreed. “I hate to disappoint them, not everything revolves around Montgomery County,” he said.

School board President Michael Durso would not speculate whether the board would seek legal action.

“I guess I’d be hesitant to even speculate,” he said. “It is a very complex situation that doesn’t seem to be getting any clearer.”

In addition to the approved 2017-18 calendar, the school board also prepared two others, including one that would follow the gubernatorial order.