BA/suit.pr Contact: David Weaver, 301-217-6530
COUNTY TO APPEAL
SCHOOL FUNDING SUIT
FINDING TO HIGHEST COURT For Immediate Release: Feb. 16, 1996
Montgomery County officials have promised to continue their legal
efforts to be allowed to intervene in the 1994 lawsuit filed by the American
Civil Liberties Union and Baltimore City which would affect school funding
statewide.
In the most recent action, the County's appeal of a 1995 decision which
denied a motion to intervene in the lawsuit was turned down this week by the
Maryland Court of Special Appeals.
In its decision, dated February 14, the State's intermediate appellate
court affirmed Judge Joseph H.H. Kaplan's ruling, issued last April, which
allowed County officials to express their views through legal memoranda, but
denied the County the right to be an actual party in the case.
In December 1994, the ACLU filed a class-action suit against the State
Board of Education alleging that the State was failing to provide an adequate
public education for Baltimore City students. The County filed a motion to
intervene, arguing that the additional funds which would be diverted to
Baltimore City under the suit could cost the local school system millions of
dollars each year. The County currently receives less State aid per student
than other jurisdictions.
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COUNTY TO APPEAL SCHOOL FUNDING CASE 2-2-2-2
County Executive Douglas M. Duncan said, "We have a substantial interest
in this case. The loss of millions of dollars in state aid for the County is
at stake, and it's crucial that we be able to present our testimony first-hand
as active participants in the case and not through written memoranda."
According to County Attorney Charles W. Thompson Jr., the County will
file a request to be allowed to appeal. "We plan to file a petition for
certiorari within the next 30 days with the Court of Appeals. We intend to
vigorously pursue this matter."
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