OCEAN CITY — After Gov. Larry Hogan this week issued a second executive order mandating a post-Labor Day start for public schools across Maryland, local Boards of Education can still seek a waiver, but the requirements are now tougher.
In late August, Hogan announced from the Boardwalk an executive order requiring all public schools in Maryland to start classes after Labor Day beginning with the 2017-2018 school year. Hogan’s initial executive order issued in August included provisions by which local school boards could seek a waiver from the mandated post-Labor Day school year start, but the language regarding waivers left open loopholes many school boards across the state were already exploring.
However, Hogan on Tuesday issued a second executive order defining the parameters under which a local school board can apply for a waiver.
“A local school board may apply to the state Board of Education annually for a waiver of the requirements of this executive order,” the amended executive order issued on Tuesday reads. “A waiver shall only be granted after the local Board of Education satisfies the procedural requirements and clearly establishes all of the elements of one of the compelling justifications set forth below.”
For example, the waiver application shall include a detailed petition and supporting documentation illustrating the need for the waiver. The application must include certification that the local school board has conducted at least one public meeting during which the waiver application was discussed and approved along with the minutes of those meetings. The amended executive order also spells out certain circumstances upon which a local school board may seek a waiver.
For example, a local school board can seek a waiver if “a local Board of Education proposes an ‘innovative school schedule’ for certain low-performing or at-risk public schools which requires an opening date before Labor Day or ending after classes after June 15.” The same requirement applies to certain charter schools in districts across the state.
The amended executive order also includes language addressing schools that face scheduling hardships because of weather or other factors. For example, local school boards may seek a waiver if the schools in their districts have closed at least 10 days per year during any two of the last five years because of severe weather conditions, natural disasters or civil disasters.
Citing the benefits of a post-Labor Day start to the school year for students and their families enjoying the remaining days of late summer, and perhaps more importantly the economies in areas that would benefit from longer vacation times, Hogan stated a post-Labor Day school start would result in an additional $74.3 million in direct economic activity, including $3.7 million in new wages and $7.7 million in state and local tax revenue that could be reinvested in classrooms across Maryland.
Almost immediately after Hogan’s initial announcement, educators across Maryland decried the mandate and called into question the validity of the executive order. Critics have claimed a later school start, although the required 180 days will be preserved, would cut down on valuable teaching time. Perhaps more importantly, some school jurisdictions have claimed the governor’s mandate undermines the autonomy of the various school districts and ties the hands of superintendents to make decisions on what they believe is best for their schools.
Meanwhile, school systems across Maryland are already in the processing of setting their schedules for the 2017-2018 school year and a brief glimpse at some random counties shows some are embracing the mandate while others continue to resist. In Harford County, for example, the local school board just this week released a proposed 2017-2018 school calendar with classes beginning the Tuesday after Labor Day next year. That calendar has not been approved by the Harford Board of Education and is currently in the public comment period.
In Carroll County, the local school board had expressed an intention to seek a waiver, but after Hogan’s second executive order this week Carroll County school officials are reconsidering, according to media reports. Locally, Worcester County has traditionally started the public school year after Labor Day and for a time was the only county in the state to do so.
Two state lawmakers from Montgomery and Prince George’s Counties have asked the Maryland Attorney General’s Office for an opinion of the legality of Hogan’s executive order and a preliminary finding issued last month essentially opines the governor may have exceeded his authority. Without a legal challenge to a presiding court, however, the order will stand. Even if challenged, the Attorney General’s Office was not clear on its interpretation.
Meanwhile, the results of a Goucher College poll released last month suggests 68 percent of Marylanders support a post-Labor Day school start.
