Lawyers for the Montgomery County Council slapped down threats of a lawsuit from schools Superintendent Jerry Weast on Thursday, saying his argument “falls like a house of cards.”
Weast’s argument, detailed in a draft lawsuit, rests on the belief that the council cannot strip funding beyond the budget recommendations of County Executive Ike Leggett. Lawyers for the school system wrote that Maryland law allows the council to restore funding, but not to take more away.
Not so, said the council’s counsel. In fact, Maryland code grants “clear authority … to reduce the [school board’s] recommended budget.
“Once this fundamental flaw in the MCPS’ attorney’s argument is exposed, the entire argument falls like a house of cards,”the lawyers wrote.
The tension between the schools and the council has reached a near-breaking point with two weeks left before council members take a straw vote on the budget May 20. The county is facing a nearly $1 billion shortfall.
At risk for the schools is $30 million recommended by the council for additional cuts, on top of $138 million proposed by Leggett in March. The schools’ total request was about $2.2 billion.
Schools officials accepted Leggett’s proposed cuts reluctantly, but reared at the thought of more. Council members said five-day furloughs would cover the $30 million and would bring schools employees in line with the measures taken by other county agencies.
A livid Pat O’Neill, president of the school board, explained that extra cuts could increase the risk of a $52 million penalty from the state for not meeting minimum funding requirements.
“We’re looking at $52 million on top of $138 million and the $30 million that the council is now asking,” she said. The $138 million cut “is our line in the sand. We’re not crossing that line without a fight.”
The state penalty will be determined in mid-June by the Maryland State Board of Education, about two weeks after final approval of the county budget.
“We’d have to redo every high school kid’s schedule, and we’d have to lay people off in July,” O’Neill said.