Heritage Foundation Leadership for America

In a 1972 ballot referendum, Maryland residents voted against a statewide voucher program by a margin of 55 percent to 45 percent.[1]

Baltimore became one of 40 Children's Scholarship Fund (CSF) "partner cities" in 1998. A lottery in April 1999 awarded four-year scholarships to 430 of more than 20,000 applicants who were entering kindergarten through 8th grade. Baltimore residents raised $1 million to complement the fund.[2]

The Take Credit for Learning Act (House Bill 564) was introduced in 1999 to provide tax deductions of up to $1,500 per child in grades K-6 for education expenses, including tuition, and up to $2,500 for students in grades 7-12. For parents earning less than $33,500, the bill would have granted a tax credit of $1,000 per child (maximum of $2,000) for education expenses. The bill died in committee.[3]

A 2001 statewide poll found that Maryland voters were not satisfied with their public schools. On average, respondents gave their schools a "C+," with Baltimore voters assigning their schools even lower grades.[4]

In 2001, under a federal law that took effect in July of that year, Maryland notified parents of children in its 141 worst-performing public schools that they could transfer to another public school of choice. A provision included in the November 1999 federal education appropriations bill granted districts additional funds if they allowed students at failing schools the opportunity to transfer to another public school. However, the legislation allowed higher-performing schools to turn down transfers if space was not available. Howard County was exempted because it had a policy prohibiting transfers.[5]

In 2001, Senate Bill 722 and H.B. 1089 were introduced to allow school boards to give students enrolled in reconstituted schools the opportunity to attend other public schools, a charter school, or a private school. Private schools would have received tuition subsidies equal to the per-pupil expenditure of the public schools. Students would have been able to attend a private school through the highest grade taught at the school even if their original public school was later removed from the reconstitution list. Both bills died in committee.[6]

Also in 2001, two charter school bills (H.B. 29, the Public Charter School Act of 2001, and S.B. 604, bearing the same title) were passed by their respective houses, but legislators were unable to agree on the language of the final bill.[7]

In Calvert County, there was a legal battle over homeschooled children's use of public facilities. The county refused to let home-schooled students use its community centers for organized recreation and classes, even though the centers were available to all community residents for similar activities. In August 2002, the U.S. District Court for Maryland held that the community facility at the center of the fight had violated neither the home-schoolers' Fourteenth Amendment equal protection rights nor their right to free speech. The Home School Legal Defense Association, which represented the families, appealed to the U.S. Court of Appeals for the Fourth Circuit in Richmond, Virginia.[8] The appeals court found in favor of Calvert County on September 26, 2003.[9]

The Maryland House of Delegates passed H.B. 131, the Public Charter School Act of 2002, and the Senate passed S.B. 213 with the same name. However, as with other charter school legislation, the two chambers were not able to agree on the final bill.[10]

In the absence of a state law, Maryland school boards may approve charter schools and determine the rules under which they will operate. Frederick and Montgomery Counties have adopted charter school policies, although only Frederick County had approved a charter before the enactment of charter legislation.[11]

On March 13, 2002, the Frederick County Board of Education gave final approval for the Monocacy Valley Montessori School, provided that it met the requirements set by the board--including 70 percent enrollment, securing a building, and recruiting a principal and staff of teachers who must eventually be certified.[12] The school opened in September 2002 with 157 students. Montgomery County rejected the application of the Jaime Escalante Public Charter School one day before Frederick County approved the state's first charter school.[13]

Under the federal No Child Left Behind Act, students in failing schools have the right to transfer to better-performing schools. In Baltimore, 30,000 students were eligible to transfer out of 83 schools; but in July 2002, city officials announced that the opportunity to transfer would be available to only 194 students because of a lack of space.[14]

On December 4, the Maryland State Board of Education voted to delay a decision on a proposal that would have required parents to notify their local district every year of their intention to homeschool. Currently, parents are required to notify the district only when they first begin to homeschool. The home-school community protested the proposed change.[15]

In 2003, the State Board of Education decided to require home-school students to complete an official registration just once rather than requiring the form to be submitted to the local school board every year.[16]

On May 22, 2003, Governor Robert Ehrlich signed into law S.B. 75, the Maryland Public Charter School Program. The bill, passed by votes of 33 to 4 in the Senate and 98 to 30 in the House,[17] was significantly weakened during the legislative process; under the law, only school districts can approve charters, and the appeals process is cumbersome for applicants.[18]

In 2004, the U.S. Department of Education awarded Maryland $3.8 million to fund charter schools in the Old Line State. Announced on June 23, the three-year grant is to help Maryland "plan, design, operate, and distribute information about charter schools."[19]

At the beginning of the 2004 summer, the Baltimore School Board decided to cap the number of possible charter schools in the city at three and delay any action on charter school applications until the fall. Charter school advocates acted quickly, and over 100 attended a city council meeting in June to ask city leaders to lift the cap and expedite the charter process.[20] The council agreed to relay the requests to the school board.

In July 2004, Maryland had its first appeal from a charter school to the state board of education. Potomac Charter Schools, Inc., appealed to the state board after the Prince George's County School Board refused to consider the school's application.[21]

Governor Ehrlich announced in August 2004 that Lieutenant Governor. Michael Steele would lead a commission to review education policy in Maryland in an attempt to accelerate the creation of charter schools in the state. Ehrlich called charter schools "part of the wave of the future."[22]

On February 11, 2005, eight Maryland delegates sponsored H.B. 998, which would create a tuition and educational expense tax credit for families and a tax credit for individual and corporate contributions to scholarship organizations.[23]  The bill was sent to the House Ways and Means Committee, but no further action was taken before the end of the session.

In May 2005, the Maryland School Board ruled that state public school systems must provide charter schools with the same funding per pupil that they provide to traditional public schools. In urban areas such as Baltimore, charter schools could receive approximately $11,000 per student. Baltimore public school leaders are appealing the state board's decision to the Maryland Circuit Court.[24] In June, the Baltimore city school board compromised on a per pupil amount of $5,379 with five charter schools set to open in September.[25]