MD State Board of Education Rules on Land for Gaithersburg ES #8: "...conveyance of ownership of the parcel is free of charge."

On October 27, 2020, the Maryland State Board of Education issued an Opinion to an Appeal of the Land Acquisition Agreement relating to the construction of Gaithersburg Elementary School #8, brought to the Board of Education by Superintendent Jack R. Smith.  The Appeal was filed by interested parties that are concerned about the loss of their only local park.  The interested parties would like to preserve their local park and have encouraged the Board of Education to build a new elementary school on existing Board of Education land that is currently vacant. 

It is notable that in their Opinion the Maryland State Board of Education has referred to this land deal as "free of charge," while at the exact same time Superintendent Jack R. Smith is demanding the Board of Education expend almost $2 million in gifts to the City of Gaithersburg in exchange for this park. 

The Maryland State Board of Education concluded their Opinion by stating:

Regardless, the land agreement specifies that the conveyance of ownership of the parcel is free of charge. As no funds were exchanged in the agreement, this argument lacks merit.

The Maryland State Board of Education denied the Appeal, however, four MD State Board of Education members dissented from the decision, and two members abstained.   

 http://marylandpublicschools.org/stateboard/Documents/legalopinions/2020/102020/Nash-et-al.Op.No.20-41.pdf