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Montgomery County Public Schools (MCPS)
Reply to "Option H is permanent and the old Wootton HS campus will be closed for good?"
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[quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous]Not trolling but trying to understand whether there is any valid basis to the “illegality” argument other than just posturing: these boundary study options are merely just options - Taylor may ultimately decide to propose to the council a modified version of one of the options or something entirely different. Survey responses aren’t votes and aren’t binding on them. If they do decide to close Wootton, they have plenty of time to notice public hearings and conduct impact studies. What is the basis for folks believing that all this work must be done prematurely? [/quote] Because you are genuinely asking: any lawyer worth their salt would know there is no legal standing yet because you are right there is no harm done. That’s why the argument isn’t mcps is violating the law—the argument is Option H is violating the law. Hence, if Option H is chosen, MCPS is in violation of the law. Lawyers use notices all the time to warn institutions. If you do this, we will be forced to sue you. [/quote] Response got cut off. To your second part—can’t they start all this process after going with H. The answer is no. MCPS can’t decide to do something without first doing all the things required. The point of the law isn’t so that MCPS can perform a checklist for the sake of doing so. The point of the law is to have good-faith engagement and impact studies. Thats why procedure matters. If Mcps decides first to close, then there is no point in doing all the things the state requires—their minds are made up. That’s why the law requires these protections before a decision is made. [/quote] Not PP but wanted to add an analogy. Things like probable cause exist because the order in which you do things matter. You need to have probable cause before you arrest someone. Not the other way around—the point of the arrest is because you had a reason to do so not so you can go ahead and find a reason because you already made up your mind that this person is bad. In this case, Mcps must actually engage in studies to figure out hey is closing this school a good idea? The whole point of good faith is that if you already make up your mind, I’m going to close this school, then none of the studies and engagement can be trusted. You are going through the motions to come up with a conclusion that supports the decision you already made.[/quote]
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