Could Maryland raise compulsory school attendance to age 18 only in Prince George's County?

Plain-English summary

A delegate asked whether Maryland lawmakers could require school attendance through age 18 in Prince George's County while the statewide requirement was age 16. The Attorney General agreed with an attached advice letter answering yes to both the age increase and the county-specific scope.

The attached letter said the General Assembly occupied the public-education field and found no State-law bar to raising the attendance age. In his own footnote, the Attorney General added that a county-specific State law would not implicate the county's home-rule powers. The geographic distinction needed a reasonable basis. The opinion also noted that legislation should account for students who normally graduate before turning 18.

Currency note

This opinion was issued in 2007. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.

Common questions

Could the General Assembly set a higher attendance age for one county?

The Attorney General said yes, if there was a reasonable basis for limiting the change to Prince George's County.

Did the county's home-rule power block such a State law?

No. The opinion said the General Assembly had preempted the public-education field.

Did the opinion itself raise the school attendance age?

No. It addressed whether lawmakers could enact such a change; it did not enact one.

What about students graduating at 17?

The opinion noted that many students graduate before 18 and assumed proposed legislation would take them into account.

Background and statutory framework

The opinion adopted a short attached advice letter. At the time, Maryland generally required attendance through age 16. The letter found no State-law bar to raising that age and cited the principle that a State law need not apply identically in every county if the geographic distinction rests on a reasonable basis.

Source

• Landing page: https://oag.maryland.gov/resources-info/Pages/search-opinions.aspx
• Original PDF: https://oag.maryland.gov/resources-info/Documents/pdfs/Opinions/2007/92oag117.pdf

Original opinion text

Gen. 117]
117

EDUCATION

P UBLIC S CHOOLS – G ENERAL A SSEMBLY M AY R AISE THE A GE FOR C OMPULSORY S CHOOL A TTENDANCE IN P RINCE G EORGE’S C OUNTY FROM 16 TO 18

September 4, 2007

The Honorable Aisha N. Braveboy
Maryland General Assembly

You have requested an opinion whether the General Assembly may raise the age for compulsory school attendance from age 16 to age 18 in Prince George’s County.1

Assistant Attorney General Sandra Benson Brantley recently answered that question in the affirmative in a letter of advice. A copy of that letter is attached. We have reviewed that letter and agree with her analysis and conclusion.2

Douglas F. Gansler
Attorney General

Robert N. McDonald
Chief Counsel
Opinions and Advice

1
Many students with birthdays that fall in the second half of the calendar year will, in the normal course, graduate from high school at age

17. See also COMAR 13A.03.02.10 (allowing for early admission to
    college or other post-secondary school programs). We assume that any legislation designed to raise the compulsory school age will take account of such students.
    2
    We note that, because the General Assembly has preempted the
    field of education, legislation on this subject limited to Prince George’s County would not implicate the County’s home rule powers under Article XI-A of the Maryland Constitution.

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118
[92 Op. Att’y
DOUGLAS F. GANSLER
ROBERT A. ZARNOCH
Attorney General
Assistant Attorney General
Counsel to the General Assembly

KATHERINE WINFREE
Chief Deputy Attorney General
SANDRA BENSON BRANTLEY
BONNIE A. KIRKLAND
JOHN B. HOWARD, JR.
KATHRYN M. ROWE
Deputy Attorney General
Assistant Attorneys General

THE A TTORNEY G ENERAL OF M ARYLAND
O FFICE OF C OUNSEL TO THE G ENERAL A SSEMBLY

August 8, 2007

The Honorable Aisha N. Braveboy
210 House Office Bldg.
Maryland General Assembly
Annapolis MD 21401

Dear Delegate Braveboy:

You asked whether the General Assembly could pass legislation to raise the compulsory school attendance age to 18. If so, you further asked whether the statute could be limited to Prince George’s County. The answer to both questions is yes.

Currently, Maryland, like 25 other states, requires school attendance for children up to age 16. See Maryland Code Ann., Educ. Art. § 7-301. Nine states require school attendance to age 17; 15 states and the District of Columbia set the compulsory attendance age at 18. See Kyle Zinth, “Compulsory School Age Requirements,” Education Commission of the States, August 2006 at 1-3. There is nothing in Maryland law that prohibits the General Assembly from changing the compulsory school attendance age to 18. The field of public education is occupied by the General Assembly and preempted by it. McCarthy v. Board of Education, 280 Md. 634, 374 A.2d 1135 (1977).

The General Assembly could limit the application of a law changing the compulsory attendance age to 18 to Prince George’s County only. The Supreme Court determined that the Equal Protection Clause of the U.S. Constitution “relates to equality between persons as such, rather than between areas and that

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Gen. 117]
119

territorial uniformity is not a constitutional prerequisite.” McGowan v. Maryland, 366 U.S. 420, 427 (1961). In addition, the Maryland Court of Appeals noted that “Maryland has long followed the practice of enacting local laws affecting only certain counties, or exempting particular counties or localities from the operation of general laws or of some of the provisions thereof.” In re Trader, 272 Md. 364, 383 (1974). In the Trader case, the Court upheld a geographic difference in a State law regarding the treatment of juveniles as adults when the child committed robbery with a deadly weapon. The Court stated that“constitutionality is presumed in the absence of a clear and convincing showing by the party assailing the legislative classification that it does not rest on any reasonable basis, but is essentially arbitrary.” Id. at 400 (emphasis in original).

In summary, the General Assembly may raise the compulsory school attendance age to 18 and limit the application to Prince George’s County so long as there is a reasonable basis for doing so.

Sincerely,

Sandra Benson Brantley
Assistant Attorney General