Berthiaume was right! Every MD School Board Prohibited from Charging Bus Fees

Chalk one up for MCPS Board of Education member Laura Berthiaume. She was right!

Here is Senator Madaleno’s withdrawal letter of his proposed bus fee legislation.

Dear Delegate Feldman:

After reviewing extensive research prepared by the Office of the Attorney General on student transportation and considering their advice on the subject matter, I would like to formally withdraw Local Bill MC 10-11.

The Office of the Attorney General (OAG) has advised me that MC 10-11, as currently written, is insufficient to give the Montgomery County Board of Education the authority to enact a fee for any transportation services, including a fee to prevent the elimination of bus transportation for students in voluntary placements.  It is the view of the OAG that other sections of state law govern the provision of student transportation and prohibit every school board from charging fees for bus transportation.  The existing section prohibiting fees in Montgomery County is superfluous.  In researching the current proposed legislation, the OAG found that they had advised our delegation in 1997 that this prohibition was not necessary.  Therefore, to satisfactorily address the core issue of MC 10-11, a much more extensive local bill would have to be drafted or statewide legislation would need to be introduced.

In developing this legislation in consultation with the Board of Education, I hoped to forestall any potential cuts to bus service for optional programs.  I also hoped to provide greater flexibility to the Board in balancing their budget in the upcoming year and to provide them with the authority they should have to make these sorts of administrative decisions.  These goals continue to be important to me, but MC 10-11 is not the vehicle to accomplish them.

Sincerely, 

Richard Madaleno

Senator