Is Blair HS Mandatory Bus Fee for Graduation Legal? $13,100 to bus grads to DAR

Last we knew, public school bus fees were illegal in Maryland.  But, Blair High School has put a mandatory $20 bus fee on their graduating seniors. 

Does it really cost Blair High School $13,100 to bus the senior class (655 students) to DAR Constitution Hall for graduation?  What kind of buses are they using? Why the mandatory bus ride?  Or, is this just another way of saying "senior fee" and slush fund for local school? And, how is this bus fee an exception to Maryland law?  


Graduation Package 2012

Delegate Jolene Ivey's Magic School Bus

A special Parents Coalition hats off to Delegate Jolene Ivey, a state representative from District 47 in PG county.   Del. Ivey is demonstrating that she is a true leader in the Maryland legislature, and a strong advocate on behalf of its children.

As readers of this blog know, MoCo and its sister counties across the state are faced with tough budget decisions this year.  PG County looked into charging bus fees for their students who attend special programs.

Guess what - its just as illegal to charge bus fees in PG as it is in all local jurisdictions in Maryland.  But instead of pushing legislation to get around those fees, like MoCo's own Sentator, Rich Madalano, Delegate Ivey did some research, got some answers from the state, and then shared the letter with her constituents.

You can read the memo to Del. Ivey here.

http://www.scribd.com/doc/51599556/March-25-2011-Delegate-Jolene-Ivey


What a great job, Delegate Ivey, on behalf of PG County.

Montgomery bus-fee bill withdrawn | Washington Examiner

Montgomery bus-fee bill withdrawn | Washington Examiner

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

Gazette: State senator scraps legislation to charge fees for magnet transportation

Madaleno says his bill "not sufficient" to preserve programs while giving school board budget options

by Andrew Ujifusa | Staff Writer

A month after proposing legislation for 2011 that would have let Montgomery County schools charge students for transportation to magnet programs, a state senator has dropped the proposal after receiving advice from the Maryland Attorney General's Office...

...Madaleno's chief of staff, Adam Fogel, indicated that the senator had received informal advice from Attorney General Douglas F. Gansler's (D) office this week that the proposal could run into legal problems with Maryland law that requires public school students to receive a free education.

"The Attorney General's Office suggested in their advice to us that any bill may be in conflict with the Maryland State Constitution," Fogel said.

Fogel also said that even before constitutional questions were considered, the required bill would have had to have explicitly given the school board the power to charge such fees rather than Madaleno's proposed repeal of the prohibition on the board...

Continues here.

Bus Fees: Senator Madaleno to Withdraw Bill

The Parents' Coalition has learned that, according to Senator Madaleno's Chief of Staff, "Senator Madaleno has decided to withdraw MC 10-11 because of advice he received from the Office of the Attorney General. They advised him that the bill, as currently written, is insufficient to provide the Board of Education with the authority to charge any bus fees. He has been in conversations with the Board of Education about this issue since last year and hopes they will be able to find alternative means to continue this service for students."

Before Charging School Bus Fees, Districts Must Know State Law

Before Charging School Bus Fees, Districts Must Know State Law

But did they pay their bus fee?

U.S. schools chief, O’Malley to tour Blair high | Washington Examiner

A federal secretary, a governor and an organization president walk into a school. No punch line here — Montgomery Blair High School will receive a visit Thursday morning from U.S. Secretary of Education Arne Duncan, Maryland Gov. Martin O’Malley, and National Education Association President Dennis Van Roekel.

The three will join Superintendent Jerry Weast at the Silver Spring magnet school to meet with staff and tour classrooms in honor of American Education Week.

Read more at the Washington Examiner: http://www.washingtonexaminer.com/local/blogs/capital-land/us-schools-chief-omalley-to-tour-blair-high-108716374.html#ixzz15egXkZnn

Berthiaume: "All 24 Maryland school systems are by Constitution prohibited from charging a fee for transporting students"

At the November 9, 2010, Board of Education meeting the Board discussed Senator Rich Madaleno's push to allow Montgomery County to impose bus fees on students riding public school buses.


In response to Senator Madaleno's proposal, Board of Education member Laura Berthiaume said: 

I am not going to support this because I think all 24 Maryland school systems are by Constitution prohibited from charging a fee for transporting students. I think any fee imposed for transportation involving the curricular system, the curricular day is unconstitutional. So, I can't support this.  

Watch Board member Berthiaume's statement:

Montgomery school board pushes to allow bus fees | Washington Examiner

Montgomery school board pushes to allow bus fees | Washington Examiner

Cuts to Magnet, Language and Gifted program Bus Service

The Parents' Coalition has been forwarded the response below from Senator Rich Madaleno's office with regard to his effort to change the Maryland Constitution and permit counties to charge students for riding on public school buses. We have received the response below from multiple sources.  

Senator Madaleno does not explain why he thinks bus service to some public school programs will be cut. 

Has he been privy to the secret budget discussions of MCPS staff, the unions and MCCPTA? 

It's time for him to share and stop spreading rumors! This is a public school system after all, funded with taxpayer dollars. Including the dollars that taxpayers ALREADY contribute to fund transportation for public schools as per Maryland law. 

Senator Madaleno continues to ignore the Maryland Constitution and its guarantee of a free public education for Maryland students. What Constitutional amendment will Senator Madaleno be proposing to allow MCPS to charge students to ride public school buses? 

**********

Thank you for your e-mail about the local Bus Transportation bill Senator Madaleno introduced for the upcoming legislative session. There have been some questions and misinformation about this local legislation in the press recently, so we appreciate the opportunity to respond to you.  

Senator Madaleno's top goal in introducing this legislation is to see that bus service for students participating in magnet programs, language programs and highly gifted programs do not receive cuts next year. He believes these students and their parents deserve transportation options worthy of our world-class school system. 

The bill he's introduced does not establish a fee for bus service. It simply gives the Montgomery County Board of Education the same authority as every other county in the state to do so. Our Board of Education is elected by the people and deserves the same level of autonomy as the other 23 school boards in our state. The reason our School Board is different from the rest is because a local bill was passed in 1996 that took this authority away from the School Board. In introducing this legislation, we are taking this power away from Annapolis and giving it back to the local Board of Education, where it rightfully belongs.

Senator Madaleno is also committed to making sure the School Board never implements a bus fee for non-optional programs. Public education is a fundamental right in Maryland, which should be free and open to all. Charging to bus students to and from school, for programs for disadvantaged youth or for students with disabilities is against his belief in this fundamental right. 

I hope this is helpful in providing more background on this issue and explaining Senator Madaleno's rationale for introducing this local legislation. Please do not hesitate to contact me directly if you have additional questions or concerns.

Thank you,

Adam 

Adam S. Fogel

Chief of Staff

Office of Sen. Richard S. Madaleno, Jr.

18th Legislative District

203 James Senate Office Building

11 Bladen Street

Annapolis, Maryland 21401

301.858.3137

MD Court of Appeals: "Transportation is an Integral Part of Education"

Can Maryland counties charge students a fee to ride public school buses? 


In 1996 the Board of Education's own attorney cited Maryland case law that stated that transportation was "an integral part of education." The Board's attorney said, "The current statutory framework in Maryland would appear to preclude the imposition of user fees for school bus transportation to public school students by a local board of education."


Here is what the Court of Appeals of Maryland  has said about transportation of students: 

Vast numbers of children are transported to schools in buses today. Schools have become larger and larger in size with the consolidation of schools. The importance of transportation as an element in education has been recognized by the mandate of the General Assembly that the cost of transporting children to the public schools be borne by the State. Thus, under the authority of Clauss, we have no difficulty in concluding that such transportation is an integral part of education as we know it today.   McCarthy v. Board of Education of Anne Arundel County et al., 280 Md. 634, 649 (1977).  

Attend BOE Meeting with Annapolis Legislators Tuesday Nov. 16th

ATTEND AND LISTEN:

Montgomery County Delegation to Annapolis - Annual meeting with the Montgomery County Board of Education in the auditorium of the Carver Educational Services Center, 850 Hungerford Drive, Rockville, to discuss key issues facing our school system and community. 

The 3 pieces of legislation proposed to date that would impact MCPS are shown below.
7:30 - 9:00 p.m.
THIS MEETING WILL NOT BE TELEVISED. THE PUBLIC MUST ATTEND TO OBSERVE THE DISCUSSION.

State Senator Rich Madaleno has introduced two pieces of legislation that impact schools. One piece of legislation would begin the process of stripping Maryland students of their right to have transportation included as part of their free public education. The second piece of legislation would attempt to strip the City of Rockville of their oversight authority over school land.

Delegates Anne Kaiser and Tom Hucker have introduced legislation to allow select students, supervised by MCPS staff a full vote on the Board of Education. The selected student member of the Board of Education is supervised by MCPS staff as opposed to the adult Board members who are independent of MCPS. Delegates Kaiser and Hucker think that students supervised by MCPS staff should have full voting rights on the MCPS Operating and Capital Budgets. 

After the Board of Education meets with the Montgomery County Delegation to Annapolis, the public has two opportunities to comment to the Delegation. 

SPEAK TO LEGISLATORS IN PUBLIC HEARINGS: 
Thursday, November 18, 2010 

Joint House and Senate Priorities Hearing - 7:00 p.m. - 3rd Floor Hearing Room, Stella Werner Council Office Bldg., 100 Maryland Ave., Rockville, MD 20850 - This hearing is an opportunity for the public to respond to the Road Show and to bring other issues of importance for the 2011 Session to the attention of the legislators. The Priorities Hearing will be carried live over County Cable Montgomery (Channel 6 on Comcast and Channel 30 on Verizon.

Click here to sign up to testify.

Monday, December 6, 2010 

House Hearing for local bills - 7:00 p.m. - 3rd Floor Hearing Room, Stella Werner Council Office Bldg., 100 Maryland Ave., Rockville, MD 20850 - Local bills refer to legislation affecting issues specific to Montgomery County.

Click here to sign up to testify.

Indiana Atty Gen: Bus Fees Unconstitutional

July 12, 2010, Opinion from the Indiana Attorney General: 

"Is a public school corporation authorized to assess and collect a bus rider fee from its students in order for the students to receive transportation to and from their respective schools where they receive a public education?

A public school corporation is not authorized to assess and collect a bus rider fee from a student in order for that student to receive a public education.  Such a fee is unconstitutional." 

Indiana

Madaleno: Bill is "opening the door for a discussion"

Really, Senator Madaleno? 

A Bill is to make a law. 

This Bill is designed to begin the process of changing the Maryland State Constitution and taking away the right to a free public education for Maryland students. Shouldn't the public "discussion" come before the Bill is proposed, not after? 

Nothing that Senator Madaleno has put in writing speaks to magnets, immersion or vocational programs. What Senator Madaleno is doing is attempting to "open the door" for public school systems to charge students fees for access to public school in Maryland.

Who exactly did Senator Madaleno have "conversations" with in the school system? Can anyone in the school system just talk to a legislator and get a Bill submitted? Whose interests are represented by this Bill? 

Let's start this "discussion" with factual information, who wants this Bill passed? 

Gazette: Bill would let schools charge magnet students for their transportation

Tami Abramowitz, of Olney, relies on the school system to transport her daughter, Hayley, to Rockville, where Hayley attends the Richard Montgomery High School International Baccalaureate program...

...Abramowitz said the bill would allow the school system to take advantage of parents whose students depend on magnet programs. Since some students need magnet programs to succeed academically, she argued, transportation for those programs should be part of a free public education required by law.

"They're trying to nickel and dime the parents," she said...

...Madaleno said school officials did not ask for the bill, but added that he had conversations with school officials about the situation as well as parents of students in magnet and other programs.

"You're only opening the door for a discussion," he said Monday...

1996: $165 per student school bus fee rejected

In this third Washington Post article from 1996 we learn that the Board of Education rejected a public school bus fee pushed by the County Council.  The County Council had proposed a bus fee of $165 per student. 

Montgomery Schools Reject Bus Charge, Add Activity Fee; [FINAL Edition]
Dan Beyers. The Washington Post (pre-1997 Fulltext). 

Washington, D.C.:Jun 12, 1996. pg. D.01

A divided Montgomery County school board voted yesterday to impose new fees for extracurricular activities and night school this fall but rebuffed a County Council recommendation to charge some students to ride buses.

By a 4 to 2 vote, Board of Education members approved the fees as part of their $915.1 million operating budget for the year that begins July 1.

Some board members said the fees were preferable to other budget-balancing options, such as increasing class sizes, cutting programs or denying teachers raises. Board member Stephen N. Abrams (2nd District), who sought unsuccessfully to impose a $165 bus fee on students attending magnet or other special academic programs, reminded board members that the school system already assesses a variety of fees for such things as photography classes and foreign language workbooks.

"If we weren't already a little bit pregnant, I could probably join" critics, said Abrams, who left the meeting before a final vote on the budget was taken.

Board President Ana Sol Gutierrez (3rd District) and board member Blair G. Ewing (4th District) cast the dissenting votes. Gutierrez said a $25-a-course fee for night school would financially punish students for whom the program is "a last resort."

"We've taken several actions that affect our most needy," Gutierrez said...

Since the school board began budget deliberations in the winter, the issue of fees has dominated its discussions. Board members originally proposed to charge all students $50 a year for bus transportation but quickly retreated after their legal counsel cautioned that such a fee might violate a student's right to a free education under the Maryland Constitution.

The County Council resurrected the idea in May when it proposed that students attending magnet or special academic programs pay $165 a year to ride a bus. The fee was legal, members argued, because magnet programs are optional; students can attend their local high schools for free.

Superintendent Paul L. Vance urged board members to reject the proposal.

...Board members were required to trim $8.1 million from their original budget request as a result of action last month by the County Council. The current year's budget is $878.1 million...

Board Attorney: Bus Fee Could Violate Maryland Constitution

Here is the second of three newspaper articles about the attempt of the MCPS Board of Education to charge students a fee to ride public school buses back in 1996. In this article The Washington Post reported on the advice of the Board of Education's own attorney that a bus fee could violate the Maryland Constitution's guarantee of a free education. 

Montgomery Bus Fee May Violate Md. Constitution
[FINAL Edition]
Dan Beyers.
The Washington Post (pre-1997 Fulltext).
Washington, D.C.:
Feb 22, 1996 
pg. B.04
Copyright The Washington Post Company

The attorney for the Montgomery County school board has advised board members that they may have overstepped their authority when they approved a plan to charge students $50 a year for bus transportation.

School board attorney Judith S. Bresler, in an opinion made public yesterday by two board members, said it is likely that Maryland law requires local school boards to get state approval for such a fee and that even if they got the General Assembly's approval, it could violate the Maryland Constitution's guarantee of a free education.

...Bresler's opinion comes after an attorney for the state Board of Education suggested that a transportation fee would, at a minimum, require the approval of the General Assembly. It also follows a move by the leaders of Montgomery's legislative delegation to introduce a bill prohibiting the fee.

But some board members defended the fee, saying it is needed to pay for Head Start, kindergarten and other programs cut because of the county's continued economic woes. Board member Stephen N. Abrams (2nd District), a supporter of the fee, said he was not ready to give up.

"Frankly, I'm not dissuaded by the opinion," Abrams said.

In approving the fee 5 to 2, board members cited a 1992 Maryland attorney general's opinion that suggested the General Assembly could choose to pass legislation imposing the bus fees. But Bresler took issue with that opinion because, she said, it relies on court decisions stemming from cases in California, Michigan and North Dakota.

Maryland law may be more restrictive, she said. A 1977 Maryland court decision found that transportation of pupils was "an integral part of education as we know it today."

"The current statutory framework in Maryland would appear to preclude the imposition of user fees for school bus transportation to public school students by a local board of education," Bresler wrote in a Feb. 15 memo shared with board members Tuesday night.

Montgomery Co. House Delegation: Bus fee an infringement on right to free education

"Those who cannot remember the past are condemned to repeat it." 

George Santayana, 1905

Charging Montgomery County Public School students a fee to ride public school buses is not a new idea. Back in 1996 the Montgomery County Board of Education wanted to charge students a fee to ride public school buses. No other county in the state was charging a bus fee and Montgomery County wanted to be the first, but their plan would fail. 

Here is the first of 3 newspaper articles about what happened back in 1996. 

Montgomery House Leaders Sponsor Bill to Prohibit School Bus Fees
Copyright The Washington Post Company Feb 16, 1996
[FINAL Edition]
Dan Beyers, Charles Babington. The Washington Post (pre-1997 Fulltext).
Washington, D.C.
Feb 16, 1996.
pg. D.03

The leaders of Montgomery County's House delegation introduced legislation today to stop the county school board from imposing the state's first fee for bus transportation, calling the $50-a-year charge an infringement on the right to a free education.

"Public education is for the public. It's for everybody," said Del. Kumar Barve (D), chairman of the county's House delegation, explaining why he co-sponsored the legislation.

Del. Michael R. Gordon (D-Montgomery), said the fee proposal "is totally outrageous." Gordon noted that Maryland public schools will receive about 5 percent more in state aid next year, plus extra school construction money.

"They are nickeling and diming these poor students," Gordon said. "I believe getting students to and from school safely is as important as teaching them to read and write."

The proposed prohibition would affect school systems statewide and would take effect July 1. The legislation has the support of John A. Hurson (D-Montgomery), House majority leader; Sheila Ellis Hixson (D-Montgomery), chairwoman of the House Ways and Means Committee; and Henry B. Heller (D-Montgomery), head of the Ways and Means education subcommittee...

...Despite sharing Cheung's concerns about state funding levels, other school board members expressed relief about having the bus fee issue taken out of their hands. Some members worried about a state education attorney's suggestion Tuesday that they lacked authority to impose the fee. And several members said they had received numerous complaints...

"This action is not a user fee -- children cannot choose not to go to school," said Sharon Cox, a regional PTA vice president from Germantown. "The burden will fall on families with young children, working parents and families with children in different schools, who cannot all be driven by their parents."

...Board member Nancy J. King (1st District), who voted for the fees, said she wasn't bothered by the state action...

State Senator wants Constitutional Amendment to Permit Bus Fees

Here's a Gazette article on today's news that State Senator Rich Madaleno, Chair of the Montgomery County Delegation has introduced legislation that he thinks will permit MCPS to charge students fees to ride school buses.

Of course, the legislation would require a Constitutional Amendment as the Maryland Constitution guarantees students a free public education.

The Maryland Court of Appeals has already stated that "transportation is an integral part of education as we know it today."

Even the Board of Education's own attorney has told the Board that a bus fee would probably violate the Maryland Constitution's guarantee of a free public education.

But hey, what's the Maryland Constitution anyway but some moldy, old document!

Gazette: Bill would allow Montgomery school system to charge magnet students for transportation

Sen. Madaleno says it gives school system options; public hearing set for Dec. 6

Montgomery's public school students in magnet, immersion and other programs could be charged for bus rides to their schools if a bill proposed by the county's state legislators passes next year.

Sen. Richard S. Madaleno (D-Dist. 18) of Kensington, who drafted the bill, said he introduced it to give Montgomery County Public Schools a method to charge students in optional regular education programs for transportation provided by the school system.

Last year, as an option among broad budget cuts, the Board of Education considered the elimination of transportation for students attending magnet programs. It later backed off after an outcry from parents and students. The cuts would have saved the school system $4.9 million, or $1,026 for each of the 4,775 students in the programs, during a year in which the operating budget was cut from $2.2 billion in fiscal 2010 to $2.1 billion in fiscal 2011.

The proposed bill would repeal a Maryland law that prohibits Montgomery County from charging for transportation of students to certain programs, such as magnet, foreign language immersion and International Baccalaureate. Madaleno said Montgomery County is the only county in Maryland prohibited from charging a fee to students for transportation in these situations.

"Right now their hands are tied," he said...

 ...Madaleno said school officials did not ask for the bill, but said he had conversations with school officials about the situation. Instead of simply considering whether to cut the bus service, the repeal of the prohibition would allow the bus service to be funded and continue, Madaleno said.

------
UPDATE 11/8/10:  Montgomery Co. House Delegation: Bus fee an infringement on right to free education

Apple Ballot Surprise: Bus Fees for MCPS students

Now that the election is over, the Apple Ballot candidates can get to work.


And so we see that on November 3, 2010 - just one day after the General Election, the Montgomery County Delegation led by Senator Rich Madelano sent an e-mail out from the Montgomery County Delegation announcing that the Delegation has filed a bill in Annapolis to allow MCPS to CHARGE STUDENTS A FEE TO RIDE PUBLIC SCHOOL BUSES. 


Yes, that's what you voted for on November 2nd. You just didn't know it. Surprise!


Thank the Apple Ballot for all that transparency in their agenda! Glad constituents were able to discuss this proposed legislation during the campaigns - oh that's right - they weren't because the candidates didn't reveal they had this up their sleeves.


MC10-11_pdf