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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. (Mont. Co. Code 1965, § 21-9; 1914, ch. 361, § 524B.)
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. (Mont. Co. Code 1965, § 21-10.)
Editor's note-In Board of Education v. Montgomery County, 237 Md. 191, 205 A.2d 202 (1964), the court ruled that the County Council must indicate in writing what items of the annual budget of the Board of Education have been denied and the reasons therefor.
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. (Mont. Co. Code 1965, § 21-11.)
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. (Mont. Co. Code 1965, § 21-12; 1910, ch. 282, § 5; 1912, ch. 790, § 525.)
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. (Mont. Co. Code 1965, § 21-13; 1914, ch. 361, § 526A.)
Cross reference-Commercial campgrounds, § 41-7 et seq.
Division 1. Licensing and Regulation of Private Schools Generally.
For the purposes of this Division, the following words and phrases have the following meanings:
Director; Department: The term "Director" means the Director of the Department of Health and Human Services, and the term "Department" means the Department of Health and Human Services.
License: The term "license" refers to the permission extended by the County to a private educational institution to occupy and use specified buildings and premises for educational purposes upon compliance with this Article.
Private educational institution: The words "private educational institution" shall mean every private school or educational or training institution, however designated, which offers a program of college, professional, preparatory, high school, junior high school, elementary, kindergarten or nursery school instruction, or any combination thereof, or any other program of trade, technical or artistic training; but, such term does not include: (a) Any private educational institution which is under the supervisory jurisdiction of the County Board of Education; or (b) any place other than a two-family dwelling or multi-family dwelling where instruction is carried on by a single teacher or instructor and where not more than 5 students are under instruction at any one time. (Mont. Co. Code 1965, § 97-1; 1972 L.M.C., ch. 16, § 5; 1980 L.M.C., ch. 37, § 1; 1995 L.M.C., ch. 13, § 1.)
Editor's note-Section 5 of 1995 L.M.C., ch. 13, reads as follows: "Sec. 5. A regulation that implements a function assigned to the Department of Health and Human Services by 1995 LMC ch. 13 continues in effect but is amended to the extent necessary to provide that the regulation is administered by the Director of the Department of Health and Human Services."
(a) Required. No building or premises shall be occupied or used in whole or in part as a private educational institution within the county after July 1, 1950, until an annual license shall have been granted for such occupancy and used by the director, nor shall any such building or premises be so occupied and used after such license has expired or has been revoked or suspended.
(b) Application; information to be shown. Before an annual license for a private educational institution shall be issued by the director, an application for such license shall be made by the owner, his agent, or the managing director of such institution to the department setting forth the name and address of the private educational institution, the classification of such institution, the name of the director or headmaster of the institution and such other information as the department may require for the purposes of this division.
(c) Compliance with zoning regulations required. No license shall be issued to any private educational institution the location of which violates the zoning ordinance. If any such private educational institution is required by the zoning ordinance to obtain a special exception from the appropriate board of zoning appeals, the director shall not issue a license to such institution until such special exception has been obtained.
(d) Certificates required. No initial annual license for a private educational institution shall be issued under this article by the director unless the following certificates have been filed with the department not more than sixty (60) days prior to the issuance of such license:
(1) A certificate from the department stating that the building to be occupied or used by such private educational institution is structurally safe for the purpose for which such building is intended to be used, and that such building is in compliance with the applicable building, electrical and plumbing codes.
(2) A certificate from the fire marshal for the county stating that such buildings are in compliance with the fire prevention code of the county.
(3) A certificate from the director stating that the building to be occupied or used by the private educational institution and the premises on which such building is located have adequate and sanitary toilet and sewerage facilities for the purpose for which such building and premises are proposed to be used, that the water and sewerage facilities in the kitchens, dormitories and bathrooms are sufficient, suitable and safe for the purposes for which they are to be used, and that the private educational institution is in compliance with the regulations of the county board of health and conforms to such other requirements as may be prescribed by the director of the department for the public health, safety, comfort, morals and welfare. (Mont. Co. Code 1965, § 97-2, 1972 L.M.C., ch. 16, § 5; 1980 L.M.C., ch. 37, § 1.)
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