State Board to MCPS: "...uninterrupted opportunity for public education..."

In 1979, the Maryland State Board of Education issued an opinion on the MCPS policy governing Enrollment and Tuition for Students Not Domiciled in Montgomery County. The MCPS policy was declared invalid.

The State Board had the following to say about the Catch 22 of kids being kept out of school during an appeal of a denial of enrollment (as is the practice of MCPS today) and of the value of uninterrupted education;

...the appeal process set forth in the policy appears overly complicated, and it is unclear to the Board if a student would be permitted to attend school during the pendency of any appeal. This aspect of the policy raises the distinct and unpleasant possibility that children who are eligible for free public education may be barred from schools for significant periods of time during appeals concerning their domicile...

In conclusion, we reiterate that it is the educational policy in Maryland, consistent with the constitutional and statutory provisions for free public education, that all children within the borders of this State who are bona fide residents, are entitled to free public school privileges. Only such a policy will assure in this age of great mobility that all children, regardless of the income of their families, will be provided an uninterrupted opportunity for public education.

Armour v. Board of Education of Montgomery County, MD