Montgomery County digs in to fight parents with new private schools closure order

Bullis School in Potomac

Order again prohibits

private schools from opening

through October 1

Montgomery County officials moved aggressively Wednesday to signal they will fight private school parents on the question of whether private schools will be allowed to open for in-person instruction this fall. County Health Officer Travis Gayles was heavily criticized for issuing an order late last Friday evening prohibiting private schools from opening through October 1, 2020, and then hiding from the local media until Monday. Maryland Gov. Larry Hogan (R) first criticized the County's order, and then issued his own order prohibiting any Maryland county from issuing a blanket closure of private schools. A group of private school parents then filed a lawsuit against Gayles' order. Despite this, Gayles issued a new order last evening, again blocking private schools from opening through October 1.

The new order cites a different, very broad Maryland law to justify the closures, Maryland Code Annotated Health General § 18-208. However, this law states:

a)(1) When a health officer has reason to believe that a disease that endangers public health exists within the county, the health officer shall:

(i) Report immediately to the appropriate county board of health;  and

(ii) With the approval of the board:

1. Investigate the suspected disease;  and

2. Act properly to prevent the spread of the disease.

The County board of health in our case is the County Council. Gayles may "act properly to prevent the spread of" Covid-19 "with the approval of the board." So far, the Council has not taken a formal vote to approve the closure of private schools in Montgomery County. To the extent that the Council has discussed the topic at all, most councilmembers supported Gayles' original order. Councilmember Andrew Friedson (D - District 1) has attempted to have it both ways by sending Gayles a letter with questions about his decision, but did not rake Gayles over the coals when he testified before the Council earlier this week and had the opportunity, much less openly oppose the closure order.

Similarly, the Council does not wish to accept the political responsibility for closing private schools, and are glad to cede that role to Gayles, an unelected official who does not have to face voters in the 2022 elections. There's no question they support it, however, as the Montgomery County political cartel is demanding the private school closure.

Considering that Montgomery County Government virtually never loses in any courthouse located within the borders of Maryland (even when laws or County rules have been broken, as in the Westbard case), a judge might find the Council's verbal support and lack of action against Gayles' orders to be sufficient to say Gayles is acting "with the approval of the board." How Gayles' latest order can stand in the context of Hogan's order preventing a blanket closure of private schools is the biggest legal question, it would seem. Hogan has not yet responded with any new official action since the new County order was issued Wednesday.

The October 1 date is significant from a federal funding standpoint, not a health standpoint. That the County would take such an aggressive posture to ensure a closure through October 1 merely confirms that the exodus of students from Montgomery County Public Schools to private schools is significant and intensifying.

In fact, the closure order and successive media frenzy has been great advertising for private schools, possibly ending up as a backfire for those who sought to use the ban to stop the outflow of students seeking in-person instruction and athletics. Everything from MCPS funding to teacher salaries depends upon the enrollment numbers in the public school system, understandably leading those who will wind up losing from a mass flight to private schools pounding the panic button.

There is a legitimate question as to the risk to students, teachers, parents and the community at large that private schools opening would pose during the pandemic. But the legal questions as to the authority of the health officer and governor over the matter are likely to be resolved first, in the hours, days and weeks ahead.

Car stolen in King Farm

A car was reported stolen from the King Farm neighborhood of Rockville on Tuesday morning. The vehicle was parked in a residential parking lot in the 400 block of King Farm Boulevard. According to crime data, the car was taken sometime between Monday evening and early Tuesday morning.

Windsor reopens at Montgomery Mall

Women's fashion boutique Windsor is the latest tenant at Westfield Montgomery Mall to reopen. They are celebrating with a 20%-off sale.

Armed robbery at Thomas Farm Community Center in Rockville

Second armed robbery in

a week in Fallsgrove

Rockville police responded to a report of an armed robbery at the Thomas Farm Community Center in the Fallsgrove community early Sunday morning. The victim was threatened with a knife in the parking lot of the facility in the 700 block of Fallsgrove Drive around 3:22 AM.

This was the second armed robbery reported in one week in Fallsgrove. The first robber wielded a gun in a wooded area off Casey Lane the previous Sunday.

Hogan issues emergency order prohibiting blanket closure of private schools by Montgomery County

Maryland Gov. Larry Hogan (R) has issued an emergency order prohibiting Montgomery County from closing private schools this fall. The order, which applies to all counties, states that opening and closing decisions during the pandemic are to be made by local education authorities. Hogan's order asserts that private and parochial schools have the same authority to determine their ability to open, and that Montgomery County Health Officer Travis Gayles exceeded his authority in issuing his order late Friday evening.

"Over the last several weeks, school boards and superintendents made their own decisions about how and when to reopen public schools, after consultation with state and local health officials," Hogan wrote in a statement accompanying his emergency order. “Private and parochial schools deserve the same opportunity and flexibility to make reopening decisions based on public health guidelines. The blanket closure mandate imposed by Montgomery County was overly broad and inconsistent with the powers intended to be delegated to the county health officer."

After initially stating his opposition to Gayles' order over the weekend, Hogan has now taken action, entering what has become a contentious fight between private school parents and Montgomery County. The Republican governor, who has had to navigate a majority-blue state political sphere for two terms, is widely expected to be a candidate for president in 2024.

Montgomery County health officer reportedly set high bar for Covid-19 positive tests before ordering private schools closed

Holton-Arms School in Bethesda

Montgomery County Health Officer Travis Gayles reportedly said a major decline in positive coronavirus tests would be necessary to allow private schools to open this fall, prior to releasing his controversial order prohibiting private schools from opening through October 1. A person who was on a call between Gayles and a private school advisory group earlier last week recalled Gayles seeking daily positive Covid-19 test results to be in the single digits or teens before giving private schools the green light to reopen. Based on current case trends in the county, that is unlikely to happen this fall, much less by October 1.

Many are seeking answers as to what the specific data metrics behind the private schools order were, in part to discern whether or not the standard is one that could be met by October 1, or if the County is simply seeking to stanch an outflow of students from the public school system this fall. Gayles did not make himself available to the media over the weekend after releasing his order late Friday. More than 3000 private school parents have organized to oppose Montgomery County's order in the three days since it was issued.

Patisserie Manuel, Godiva Chocolatier reopen at Westfield Montgomery Mall

Patisserie Manuel, a French bakery that also offers Chilean specialties, has reopened in the Dining Terrace food court at Westfield Montgomery Mall. Clear plastic shields have been installed at the counter as a coronavirus safety measure for staff and customers. Their hours are now Monday-Saturday, 11:00 AM to 7:00 PM, and Sundays, 12:00-6:00 PM. Also reopening at the mall is Godiva Chocolatier.