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Baltimore County Council OKs bill intended to alleviate overcrowding in schools

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TOWSON, Md. — On Monday night, the Baltimore County Council approved a bill with the declared goal of easing overcrowding in county schools.

Supporters say the bill helps the county get ahead of the problem, but some say the legislation is less a pro-education bill and more an anti-development bill.

"We feel like this is just a good way to shed some light on the issue," said Councilman Mike Ertel, a co-sponsor of the bill and a 'yes' vote on Monday night.

"And that's often what we've seen, where we're reacting after the fact. We're trying to be a little more proactive with it," Ertel added. "Let's plan for where we know we're going to have growth."

The bill creates a 'Committee on Public School Capacity,' consisting of members confirmed by the county council, which reports to lawmakers and to the school system.

According to the bill, that group would determine which schools are, or will be, overcrowded and whether a new development would result in overcrowded schools. The legislation also gradually reduces the county government's goalposts for an overcrowded school, reducing it from 115% to 105% by October 2028.

"Theoretically," Ertel described, "they'll issue a certificate that says, 'the school has capacity, so you can build in this area.' If it doesn't, the builder could not build; there's a four-year period where the county has the ability to address that problem."

"If they don't address it in that four years, then they can go ahead and build. So it's incumbent upon the county to say, you know what? Schools are overcrowded; we've given you the warning. The builder can't build, but after four years, if you haven't addressed it, they're back on," Ertel added.

Councilman Julian Jones voted 'no' on Monday night; he told WMAR the bill will result in fewer housing starts and less development in the county.

"This is an anti-housing bill that will do nothing but cause damage to our economy at a time where we cannot afford it," Jones said.

Jones said according to the current standard for an overcrowded school—115 percent or more—only about a dozen of the 176 county schools are over.

"What this bill will do is say, 'thank you, professionals. We're going to have a committee made up of basically political appointees.' And that committee will be the judge, jury; they will decide it all based on the information they receive," Jones continued.

The bill still needs the signature of Baltimore County Executive Johnny Olszewski.

In a statement provided by his office to WMAR, he said:

“We share concerns regarding school overcrowding and support efforts to responsibly address it, but our administration has also expressed valid challenges with this complex bill, including its detrimental impacts on Baltimore County’s moral and legal obligations to address attainable housing. In light of those concerns and flurry of amendment activity, we will carefully review the final version of this legislation in the coming days to determine the appropriate next step.”

Theoretically, the county executive could veto the bill, and the county council could override that veto.