Montgomery County sentinel. [volume] (Rockville, Md.) 1855-1974, 1915-02-12
The Chevy Chase High School.


Gentlemen Il have been advised by the
Assistant Superintendent OF the meeting
of your committee on this day. and, as a
protestant against the unlawful course
being pursued in conducting High School
at Chevy Chase, Md, have been invited
to be present, the invitation. however, in
dicating that your committee was prima-
rily appointed for the purpose Of deter
mining whether. as a matter of law. a
High School can be established in the State
of Maryland without the approval of the
State Board
AS the ground of complaint we have in
Montgomery county in respect to the Chevy
Chase school is much broader in its scope,
trust that the powers Of your committee
are broader than indicated.
do, however, desire to place in writing
and invite your attention to documents in
writing bearing directly upon this phase of
the subject in Montgomery county. where
we have special laws, carefully designed to
guard against the funds derived from
levies for common schools being applied to
high schools. and against funds being
levied for one high school being diverted
to another, which you will find embraced
in certain amendments to the local code
for Montgomery county. contained in an
Act passed by the General Assembly at
the session Of 1914, duly approved by the
Governor, with penalties for its enforce
ment
But even aside from this local statute,
it is believed that the General High School
Act Of l9l0is clear and unequivOcal on the
point that no high school can be formed
legally without the approval Of the State
Board Of Education. This is specifically
provided In Section 1875 as codifed in the
General School Laws. The contention that
this related merely to high schools obtain
ing State aid, is rebutted by its very terms.
distinction being made only in the statute
with respect to high schools in existence
in 1910. They had been lawfully organized
under the old system and it is doubtful
whether they could be abolished by the
State Board Of Education alone but as to
all high schools thereafter formed the ap-
proval Of the State Board of Education
was absolutely essential.
There was every reason why this should
have been so. The State was then en-
barking into State aid system. While o
given high school seeking State aid was
required to come up to certain standard.
any school coming up to the standard,
after due inspection was made entitled to
the State aid; and if the State Board of
Education had no power to limit the num-
Der Of schools to be thereafter formed in
any county Baltimore county for instance,
with its vast income from taxation, could
have established as many high schools as
MONTGOMERY county has schools and have
forced the State Board of Education to give
not less than $l,400 to each of these and
thus have impoverished the State fund
intended to encourage and strengthen high
schools all over the State
Not only is it necessary. under the Act
of 1910, that the State Board of Education
should approve the establishment of high
schools whether they were to Immediately
receive State aid or not. but that statute
contained restriction under which the
Taxpayers of the counties. through their
Boards Of County Commissioners, could
limit both the State Board of Education
and County School Board in the matter OF
unduly multiplying high schools.
The proviso to Section 1923 Of the Gen.
eral School Law specifically provides OF
requires the County School Boards through
out the State. before levy. to submit;
"A list Of high schools of the county and
an itemized statement of the estimated
cost of maintaining the same, the said
Board Of County Commissioners shall make
a separate levy for high schools. publish
ing same once a week for three successive
weeks prior to the date of making said levy
in one or more county papers"
Why this publication before levyH
Now in the instance of the Chevy Chase
High School no estimate was made for il
before levy, either under the county law OF
under this State law and submit that even
with the approval by the State Board OF
Education Of the precipitate act of the
County School Board in forming a high
school there without any notice to the
public, and IN direct violation Of the as
surance given by the President of that
Board before the Montgomery county dele
Cation at Annapolis last winter. cannot
legalize the expenditures being made for
the high school branch of that school.
Your attention is specifically called to
the letter Of School Commissioner Cook
addressed to the attorney for the School
Board for Montgomery county, dated Sep
tember 80, 1914. setting up most pertinent
indisputabe facts, the reply of the attor-
ney for that Board. dated October 8, 1914
and the letter of School Commissioners
Cook, dated October ID. 1914. presenting
the situation to the County Commissioners
for Montgomery county-al published in
Montgomery county papers, clippings from
which were duly forwarded to the State
Superintendent of Education.
also call your attention to a copy oil
the written opinion to the County Commits.
sioners for Montgomery county given by
their attorney, to whom the matter was
referred for such opinion, which will be
pleased to supply in person. although
understand that the same or an abbrevia.
ton thereof is to be published in the
Montgomery county papers this week.
In what have said. have confined
myself to the facts and the law with re-
gard to the matter.
On the subject of the policy of locating
high school for the lower section of this
county at non-converging transportation
center, on the very edge Of the line of the