# Montgomery County Code — Part II. Local Laws, Ordinances, Resolutions, Etc.

## Chapter 44. Schools and Camps.

### Article II. Public Schools.

**Sec. 44-6. Annual expense allowance for members of board of education.**

  The members of the board of education of the county shall each receive annually the sum of three hundred dollars ($300.00) for traveling and other expenses incident to attending the meetings and transacting the business of the board within the county, the sums to be put in the school budget and to be levied by the council.

**Sec. 44-7. Denominational and parochial school students entitled to transportation.**

  All children who attended any denominational or parochial nonprofit schools in the county which schools do not receive state aid and who reside on, along or near to the public highways of the county, on which there is now or hereafter operated a public school bus or conveyance provided by the board of education of such county for transporting children to and from the public schools of the county, shall be entitled to transportation on the buses or conveyances, and the same shall be provided for them by the board of education of the county, subject to the conditions hereinafter set forth, from a point on the public highways nearest or most accessible to their respective homes to a point on such public highways nearest or most accessible to their respective schools, without changing the routes of such buses or conveyances now or hereafter established by the board of education of the county for transporting children to and from the public schools, and such transportation shall be provided by the board of education, as aforesaid, for all the children attending schools described herein, upon the same terms and conditions as now or as may be hereafter established by the board of education of the county for children attending public schools.

**Sec. 44-8. Cost of transportation of students; levy and appropriation; charge to students.**

  The council is hereby authorized to levy and appropriate annually sufficient funds to defray any costs incurred by it in carrying into effect the provisions of section 44-7 and for the establishment of new bus routes, if in their discretion the board of education of the county and the council deem it desirable to establish new routes and to purchase additional buses, for the transportation to and from school of children attending schools not receiving state aid. The transportation of children to and from schools not receiving state aid shall be upon such reasonable terms and conditions as the board of education may from time to time determine but in no event shall the amount charged children attending such schools for using such buses or conveyances be greater or less than the amount charged children attending the public schools for the same kind of transportation.

**Sec. 44-9. Acceptance of donations for school purposes; requirements and procedure; power of council to forbid.**

  The county board of education is hereby, in its discretion, authorized and empowered to accept donations of land and improvements thereon in the county, suitable for public school uses subject to mortgage indebtedness or indebtedness thereon not exceeding two-thirds of the value of each such donation, and to assume the payment of such indebtedness, to make extensions thereof and to pay the interest thereon as the same shall become due and payable out of any funds derived by such board from time to time from the county; provided, however, that a good and sufficient title shall be given in the corporate name of the county board of education for such land, subject only to such mortgage indebtedness; and provided further, that in case of the erection of a new building or of any addition to any such building under agreement with such board to accept a donation, as provided for in this chapter, the plans and specifications of such new building or addition to any building, so proposed to be donated, and any and all modifications thereof shall be submitted to and approved by the board; and further provided, that the interest on such indebtedness so assumed shall not exceed in any case a fair rental for the property donated; that before accepting any such donation the board shall advise the council of its purpose so to do and in writing, and the council shall have the right to consider the same ten (10) days and to forbid such acceptance if it shall be of the opinion that such indebtedness exceeds two-thirds of the value of the property donated or the interest thereon exceeds a fair rental for the property donated.

**Sec. 44-10. Biennial survey of school construction needs required.**

  On or before January 1, 1939, and in every second year thereafter, the county board of education shall prepare a comprehensive survey and report on the needs of the county with respect to the construction, maintenance, repair and equipping of schools during the succeeding four-year period, with full estimates of their cost and the recommendations of such board with respect thereto. A copy of such report shall be submitted to the council, and to the senator and each delegate to the general assembly from the county for their use and information.

**Sec. 44-11. Teachers' salaries to be paid monthly; report.**

  The county board of education is hereby required hereafter to pay the salaries of the teachers of public schools in the county monthly; and that such teachers be and they are hereby required to make their reports to the board monthly instead of quarterly.

**Sec. 44-12. Annual levy; sums for various purposes to be specified.**

  In making its annual levy for public school purposes, it shall be the duty of the council to separately specify the sum to be used for the maintenance of the public schools other than the high school branch thereof, the maintenance of the high school department of schools containing such department and the sum to be used for new buildings and equipment of the public schools of the county; provided, that the council may levy a contingent fund which may be applied to maintenance, high schools, new buildings or equipment in the discretion of the county board of education; and, provided further, that it shall be mandatory on the council to levy for each school year a sum which, together with the estimated state apportionment therefor, will be sufficient to lawfully maintain the public schools of the county other than high schools for the period for which each class of such schools were conducted in the school year ending July 31, 1913.

**Sec. 44-13. Board of education not to incur deficits.**

  The county board of education shall not expend for school purposes, or for any other purpose, a greater sum of money in any one (1) year than the aggregate amount of its receipts for such school year, including the amount annually levied for school purposes by the council and the amount annually received by such board from the treasurer of the state; and such county board of education shall not borrow any sum of money in any one (1) year in excess of its actual receipts and income for such school year. It shall not be lawful for the county board of education to contract or pay any debt in excess of the receipts of such board during any such school year.

**Sec. 44-14. Payment of debts incurred in violation of article prohibited.**

  The county shall not assume or pay any debt or portion thereof contracted in violation of the provisions of this article; provided, however, that it shall not be unlawful for such board to borrow money sufficient to pay its teachers and other school employees at or about the first day of June in each year in anticipation of the installment of state appropriations in such school year thereafter due and payable.

**Sec. 44-15. Authority to borrow up to five thousand dollars.**

  Should the necessary expenditures of the board of education exceed the bona fide estimate thereof to the extent of not exceeding five thousand dollars ($5,000.00), the two (2) preceding sections shall not be so construed as to prevent such board from anticipating its revenues from the next succeeding school year to the amount of such indebtedness of not exceeding five thousand dollars ($5,000.00) or prevent the council from taking into consideration any such possible or actual deficit to the extent of not exceeding five thousand dollars ($5,000.00) in making its levy for school purposes.

**Sec. 44-16. Penalty for violation of section 44-13.**

  Upon conviction for the violation by any member or officer of the county board of education of section 44-13, he shall be punishable by a fine of not less than five hundred dollars ($500.00) nor more than one thousand dollars ($1,000.00) and removed from office.