Frederick Classical Charter School, Inc. v. Frederick County Board of Education
134 A.3d 376
Md. Ct. Spec. App.2016Background
- Frederick Classical Charter School (approved 2011) disputed FCPS’s FY2014 per-pupil allocation because FCPS excluded a transportation component from the school’s funding calculation.
- The charter expressly placed transportation responsibility on families (except students on established bus routes and certain special education students) and allowed the school to provide transportation in the future if it chose.
- FCPS used a funding formula previously approved by the Maryland State Board of Education (MSBE) in prior adjudications and allocated ~$8,818.54 PPA, totaling ≈$2.4M for 280 students.
- Frederick Classical appealed to the MSBE; MSBE deferred to the local board, upheld FCPS’s allocation, and held charter schools are not entitled to funds for services they do not provide.
- Circuit Court affirmed the MSBE; the Court of Special Appeals likewise affirmed, applying arbitrary-and-capricious review with heightened deference to the MSBE’s education-policy decisions.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether FCPS violated Educ. § 9-109 by excluding transportation funds from Frederick Classical’s allocation | Frederick Classical: Excluding transportation contravenes the statute and MSBE precedent (City Neighbors); the school is entitled to transportation funding regardless of who actually provides transport | FCPS: Charter places responsibility on families; school is not providing transportation now, so it should not receive funds for that service; formula is consistent with MSBE rulings | Held: MSBE and appellate court affirmed — no error. A charter school is not automatically entitled to funds for services it does not provide; FCPS’s approach was consistent with MSBE guidance and state law. |
| Whether MSBE’s decision was inconsistent with prior MSBE/Ct. of Appeals rulings (e.g., City Neighbors) | Frederick Classical: MSBE’s outcome conflicts with City Neighbors’ statement that commensurate funding includes transportation | FCPS/MSBE: City Neighbors did not mandate rigid inclusion of transportation; subsequent MSBE adjudication (MMCI) clarified flexibility; funding depends on negotiated charter terms and actual services provided | Held: MSBE’s decision is consistent with City Neighbors and its later clarification; MSBE reasonably applied precedent and its own interpretations. |
Key Cases Cited
- Baltimore City Bd. of Sch. Comm'rs v. City Neighbors Charter Sch., 400 Md. 324 (2007) (MSBE interpretation of “commensurate” funding; transportation may be included but funding mix need not be duplicated at charter level)
- Patterson Park Pub. Charter Sch., Inc. v. Baltimore Teachers Union, 399 Md. 174 (2007) (discussing deference to State Board of Education decisions)
- Bd. of Educ. of Talbot County v. Heister, 392 Md. 140 (2006) (State Board’s visitatorial power and deference to its education-policy decisions)
- Chesapeake Charter, Inc. v. Anne Arundel County Bd. of Educ., 358 Md. 129 (2000) (background on state/local funding roles for public education)