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Montgomery County Organizational Reform Commission Public School Funding We also have two recommendations for changes to State law governing public school 16 funding. );- We recommend an amendment to State law that would give the Council the authority to reject economic provisions of a collective bargaining agreement negotiated by the Board o f Education. );- We also recommend several amendments to the State Maintenance o f Effort Law, to better reflect the necessary balance between funding for public schools and the otherfour tax-supported agencies. To give some perspective on the importance of this issue, two-thirds of all the public employees that serve Montgomery County's five tax-supported agencies are employed by Montgomery County Public Schools (MCPS). It will be impossible to achieve the necessary savings to eliminate the County's structural budget deficit without looking at the personnel costs ofMCPS. The Lack of Control Over School Funding In FYII, the Montgomery County Public Schools (MCPS) operating budget comprised 57% o f the total expenditures for the County's five tax-supported agencies. The County's lack o f control over more than half of its tax supported spending reached a new level of prominence during the Council's deliberations on the FYI I budget. The Montgomery County Board of Education (the School Board) is created in the Education Article of the Maryland Code. The Board of Education is responsible for operating MCPS. The Council's authority to approve the MCPS budget is derived from the Education Article. In McCarthy v. Board ofEducation ofAnne Arundel County, 280 Md. 634 (1977), the Court of Appeals held that the General Assembly expressed its intent to occupy the field of public education and thereby preempted all local legislation in this area. Therefore, the State Education Article defines the extent of the authority of the Executive and the Council to control the amount of the County's funding of the MCPS budget. There are two related issues that create this lack of control. 1. The Council's role in funding collective bargaining agreements approved by the School Board. The State Education Article, Title 6, Subtitle 4 (certificated employees) and Subtitle 5 (non-certificated employees) govern collective bargaining with public school 16 Reservation of Commissioner Dan Hoffman: As with the collective bargaining recommendations, I abstained from approval o f this recommendation on the basis that the changes being recommended were beyond the scope outlined by the resolution creating the ORC. The abstention was not due to the merits ofthe recommendation. - 44PDF Image | Montgomery County Organizational Reform
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