Marvin Mandel, Governor 1529
repealed, and to repeal in its entirety Chapter 743 of the Acts of
1969, that Chapter relating to schools on or near the dividing line
between two counties, and generally relating thereto; to take a
presently uncodified law, passed at the same Session of the General
Assembly when Article 77 was re-codified and still part of the Laws
of Maryland, and to integrate it into the Annotated Code of
Maryland, making the necessary relettering of the section as
needed.
Whereas, The General Assembly of Maryland wishes to correct
a confusing and ambiguous situation in Article 77 of the Annotated
Code of Maryland.
The laws in Article 77 concerning public education were revised
by Chapter 405 of the Acts of 1969. By its own terms, that Act
provided that any other and subsequent Acts enacted at the same
session and pertaining to public education were to be considered as
law and to prevail over Chapter 405.
Chapter 743 of the Acts of 1969 was another such enactment.
However, because of the revision in the earlier Act and the difficulty
of merging Chapter 743 into the language of the earlier Act, Chapter
743 of 1969 has since been carried only in an editorial note and not
in the formal language of Article 77. For this reason, it is desirable
to incorporate the provisions of Chapter 743, of 1969 into the language
of Article 77 of the Code and to repeal Chapter 743; now, therefore,
Section 1. Be it enacted by the General Assembly of Maryland,
That Section 52 of Article 77 of the Annotated Code of Maryland
(1969 Replacement Volume), title "Public Education," subtitle
"Chapter 4. County Boards of Education," be and it is hereby re-
pealed, and that new Section 52 be and it is hereby enacted in lieu
thereof, to stand in the place of the section repealed, and that Chap-
ter 743 of the Acts of 1969 be and it is hereby repealed, all to read
as follows:
52.
[Schools on or near the dividing line of two counties shall be
free to the children of each county; and the boards of education
of the respective counties shall have power to provide jointly for
the maintenance of said schools.
Should the two boards of education fail to agree in determining
the support each should give such school, the State Superintendent of
Schools shall decide the matter.]
(a) Schools in one county (hereinafter referred to as the "re-
ceiving county") but near the dividing line of an adjoining county
shall be free to the children of the adjoining county to the extent here-
inafter provided. The county boards of education of the two counties
shall have the power to provide jointly for the maintenance and sup-
port of such schools in the receiving county and to determine the
geographical attendance areas and other attendance policies of the
two counties for all such schools in the receiving county.
(b) Should the two county boards of education fail to agree as
to the amount of maintenance and support each should give to such
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