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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Volume 1, Debates 2513   View pdf image (33K)
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[Dec. 15] DEBATES 2513

relationship between the state board of
education and the local boards ? I am think-
ing specifically of the ability of local boards
to initiate programs, for instance in Balti-
more City, special ghetto schools, or in a
city, community type schools?

DELEGATE J. CLARK (presiding):
Delegate Wheatley.

DELEGATE WHEATLEY: This question
can best be answered by saying we believe
the existing balance between state and local
boards should be continued. The local board
should be given the widest latitude in ini-
tiating programs and planning activities
within the subdivision and the state boards
should be responsible for seeing that all
subdivisions maintain those standards which
are considered to be inimicable to the best
interests of the education of all. It would
be a positive allowance and if the language
is not clear, certainly we would have no
objection to making it so, so that the local
boards are certainly in control subject to
the normal statwide limitations that are
imposed.

DELEGATE J. CLARK (presiding):
Delegate Bard.

DELEGATE BARD: Delegate Wheatley,
I hope you have the right answer on this
one which would be yes.

(Laughter.)

Are you saying that the school funds of
the State shall be kept inviolate? You are
willing to let this thing go out?

DELEGATE J. CLARK (presiding):
Delegate Wheatley.

DELEGATE WHEATLEY: As I have in-
dicated earlier, we have since that time
discussed the matter with the Committee on
Taxation and Finance and they have as-
sured us that the provisions now would
make diversion of any funds, not only edu-
cational funds, impossible.

DELEGATE J. CLARK (presiding):
Delegate Bard.

DELEGATE BARD: In section 4, would
you have any objection on line 5, and this is
somewhat related to Mr. Schloeder's ques-
tion, to limiting the word "control" so it
will read "state boards of education shall
formulate policy and exercise coordination."
You have "direction" but I am very anxious
to know your feelings about the word "con-
trol". I too am concerned about the fact
that it is contradictory with what is stated
in section 5. Would you have any objection
to eliminating that word ?

DELEGATE J. CLARK (presiding):
Delegate Wheatley.

DELEGATE WHEATLEY: I personally
would have no objection to clarifying any
word which does not convey the meaning
which the majority ascribes to it. The words
were designed by those who drafted them
to convey the meaning of the majority of
the Committee that if the State would in-
sure statewide regulations that were pro-
mulgated they would be able to continue
under its existing procedure and would give
them no greater or lesser latitude than they
enjoy now.

DELEGATE J. CLARK (presiding):
Delegate Bard.

DELEGATE BARD: In section 7, a new
element, first, knowing that most commun-
ity colleges by present law have to use the
word "community" officially even though
they may sometimes be known as junior
colleges would you mind eliminating all of
line 44, this sounds a little like Delegate
Scanlan, "by whatever name they may here-
after be known"? That seems so redundant.
Would there be any objection to that?

DELEGATE J. CLARK (presiding):
Delegate Wheatley.

DELEGATE WHEATLEY: I would say
in this matter it would be strictly an ob-
jection based on taking away flexibility in
cases. There has been a case in Baltimore
City. The name would be changed to some
other institution. That was the purpose in
the second line.

DELEGATE J. CLARK (presiding):
Delegate Bard.

DELEGATE BARD: In line 46 where it
says "shall be controlled by local boards in
accordance with law", in order to clarify
the fact that the law there would be because
these are local community colleges, it would
be the local instrument of government.
Would there be any objection?

DELEGATE J. CLARK (presiding):
Delegate Wheatley.

DELEGATE WHEATLEY: When we use
"law" throughout, we had no idea what the
various ramifications and delineations would
be. We had used the law to refer to the
broadest concept. We certainly refer in this
instance to the concepts that would be in
local rulings as well as in the regulations
which would be of a statewide nature. We
are changing nothing which is existing. We
are merely reaffirming it. So if there was a
local charter or whatever you might call
it, we would certainly want the local sub-



 

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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Volume 1, Debates 2513   View pdf image (33K)
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