Barton Gilman secured a significant legal victory on behalf of four Frederick County charter schools before the Maryland State Board of Education. The ruling reinforces the rights of charter schools to receive fair, transparent, and legally compliant funding from Frederick County Public Schools (FCPS).
This decision builds on a landmark ruling issued late last year, when Barton Gilman and the Maryland Alliance of Public Charter Schools successfully challenged FCPS’s failure to comply with state charter school funding requirements. Together, these rulings establish critical legal precedents and ensure ongoing accountability in the implementation of the Blueprint for Maryland’s Future.
In this case, the firm’s clients—Frederick Classical, Sabillasville Environmental, Monocacy Valley Montessori, and Carroll Creek Montessori—challenged FCPS’s failure to correctly apply the commensurate funding formula, as required by Maryland law and previous State Board decisions. At issue was FCPS’s unilateral withholding of 25% of Blueprint funds for centrally administered services, without adequate negotiation or transparency, undermining the equitable funding charter schools need to operate effectively.
The Maryland State Board of Education ruled decisively in favor of our clients, affirming that:
- FCPS must fully comply with commensurate funding requirements, including sharing detailed funding allocation data and engaging in good-faith negotiations with charter schools.
- Charter schools have the right to choose between accepting in-kind services or receiving equivalent funding to independently procure services.
- FCPS’s practice of predetermined fund withholding without negotiation violates state education laws and prior rulings.
The Board also ordered the timely disclosure of funding calculations and established a clear timeline for negotiations, allowing for potential State Board mediation if necessary.
“This ruling is another step forward in our firm’s work to protect the funding rights of Maryland’s public charter schools,” said Patricia A. Hennessy, co-chair of the firm’s Education Law Group. “It further holds Frederick County Public Schools accountable and strengthens the foundation for equitable, transparent funding throughout the state.
The four charter schools remain focused on advocating for their students and upholding the principles of fairness, accountability, and equity in public education funding.
About Barton Gilman
Barton Gilman (bglaw.com) serves clients throughout the Northeast with offices in Boston, MA, Providence, RI, New York, NY, Philadelphia, PA, Milford, CT, and Fairfield, NJ offering legal services in over twenty-five service areas, including education law, employment, medical malpractice and aging services defense, professional liability defense, insurance coverage and bad faith litigation, product liability and general liability, business and commercial litigation, as well as immigration, family law, trusts and estates, criminal defense, corporate formation, intellectual property, and real estate. Committed to diversity, equity and inclusion initiatives, Barton Gilman achieved Midsize Mansfield Certification Plus status in 2023. The firm and its attorneys have received numerous awards and accolades, including Best Lawyers, Best Law Firms, Best Women-Led Law Firms, BridgeTower Media’s 2024 Best Places to Work: Law Firms List, Best Places to Work Rhode Island, Outstanding Philanthropic Business, Common Good Award, and Super Lawyers.
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