|
DELEGATE ROBIE : Mr. Chairman, since
the minority opinion has come from most
of the lawyers, who were on our Committee,
and since you have professed a rather naive
knowledge of the difference between the
state board powers and the local boards of
education powers, I am wondering if you
really do know what the Annotated Code
of Maryland, Article 77, says? It is backed
by several decisions.
THE CHAIRMAN: The Chair suggests
these questions are for clarification of the
Minority Report, Delegate Robie.
DELEGATE ROBIE: I am asking if they
are familiar with the laws as have been
set up, because there is definitely a differ-
ence between the local boards and the State
Board.
THE CHAIRMAN: Very well answer the
question, Delegate Lord.
DELEGATE LORD: Delegate Robie, I am
certainly aware and read carefully the lan-
guage of Article 77. I think, without re-
ferring to the specific language, that the
approach of the majority in sections 4 and
5 would reverse the pattern of control as it
has historically existed between the State
Board and the local boards.
As Article 77 is presently written, the
State Board has the power to coordinate
and set standards. It does not have the
power to control. This power is specifically
granted by section 4 of the Majority Report,
with virtually no explanation. On the other
side of the coin, if I could briefly finish, the
local boards are given only the power to
manage, whereas actually under Article 77
as it is written now, they have the power
of control.
THE CHAIRMAN: Delegate Maurer.
DELEGATE MAURER: Delegate Lord,
could you please tell me whether the phrase,
by law, indicates by public general law, or
by law which can vary from county to
county? That is line 7, section 8.03, public
education, "the State shall provide by law."
DELEGATE LORD: Delegate Maurer, it
is the intention of the minority —
THE CHAIRMAN: The Chair is lost. Line
7 of what, Delegate Maurer?
DELEGATE MAURER: I am sorry, sir,
the Minority Report which we are following.
DELEGATE LORD: The answer is that
it is the intention of the minority clearly
that this could be a law that varies in force
and effect from county to county.
|
THE CHAIRMAN: Delegate Maurer.
DELEGATE MAURER: Could you please
tell me, since you used the phrase, the
State, instead of the General Assembly,
whether anybody else could pass laws with
respect to providing for a statewide system
of public education?
DELEGATE LORD: The answer is no.
THE CHAIRMAN: The time for ques-
tioning the minority spokesman has expired.
If he will return to his desk, we can con-
sider the amendments, section by section.
Delegate Lord, there are two amend-
ments marked E and F to accompany the
Minority Report. Can you tell me which
you desire to offer?
DELEGATE LORD: Mr. Chairman, we
will offer minority amendment F.
THE CHAIRMAN: Will the pages please
distribute minority amendment F?
This will be Amendment No. 1. The
Clerk will read the amendment.
READING CLERK: Amendment No. 1
(to accompany Minority Report GP-6(A))
to Committee Recommendation GP-6 by
Delegates Boyer, Lord, Jett, Key, Singer,
E. J. Clarke, Caldwell :
On page 1 strike out all of section 1
comprising lines 5 through 11, inclusive,
and on pages 1 and 2 strike out all of sec-
tion 4, comprising lines 21 through 24, in-
clusive, on page 1, and all of lines 1 through
10, inclusive, on page 2 and insert in lieu
thereof the following:
''Section Public Education?"
The State shall provide by law for a
statewide system of free public schools
headed by a governing board appointed by
the governor. The State shall also provide
by law for such other public educational
institutions and services as may be neces-
sary or desirable for the intellectual, cul-
tural and occupational development of the
people of the State.
THE CHAIRMAN: Under the debate
schedule, sections 1 and 4 are being con-
sidered together. Amendment No. 1 goes to
both sections. This is a period of controlled
debate, twenty minutes controlled by Dele-
gate Lord, twenty minutes by Delegate
Wheatley. The Chair recognizes Delegate
Lord.
DELEGATE LORD: Mr. Chairman, I will
yield three minutes to Delegate Jett.
|
