School Overcrowding Bill Vetoed In Baltimore County, Affordable Housing Is Concern

BALTIMORE COUNTY, MD — A bill to limit school overcrowding was vetoed Thursday in Baltimore County.

County Executive Johnny Olszewski (D) said the bill, which the County Council passed on June 3, would've hindered future affordable housing developments.

The legislation would've required a new appointed commission to sign off on new housing construction in neighborhoods with overcrowded schools, but Olszewski highlighted more complexities. He said school, housing, business and NAACP leaders all opposed the legislation.

"While I join them in opposing this legislation, I do not oppose [adequate public facilities ordinances] legislation as a third tool in our work to address school overcrowding," Olszewski said at a Thursday press conference. "In fact, we all agree that we have an opportunity to continue to refine this legislation so that it addresses the needs of our school system and creates new pathways towards attainable housing."

The legislation would've required proposed developments to get a school capacity approval certificate from a new committee before construction, WYPR reported. The original bill would've let developers proceed without the certificate after five years because schools would've had time to prepare for the influx, but an amendment trimmed that waiting period to four years. WYPR said the legislation would've also close the adjacency loophole, which has let developers build in overcrowded school districts if a nearby school was under capacity.

Schools are currently considered overcrowded when they reach 115 percent capacity, WYPR said.

The number of Baltimore County Public Schools at or above 115 percent capacity has dropped from 27 to 10 since 2020, WYPR reported, citing Superintendent Myriam Rogers.

"And of the ten schools that remain on the list, planned additions, new schools or designs for schools options are well underway," Rogers said Thursday, according to WYPR.

FOX 45 said 50 out of BCPS's 164 schools exceed 100 percent capacity.

BCPS has changed its school boundaries five times in the last two years to address this, The Baltimore Banner reported.

Related: Students Shuffled Between Schools In Baltimore County Redistricting

"[The County Council] has provided $800 million towards school infrastructure needs, resulting in more than 3,000 new seats for students in seven brand new schools — with two more scheduled to open this fall," Rogers said.

Olszewski thought the County Council could've partnered with BCPS for a more unified strategy to reduce overcrowding.

"It is, for example, our understanding that BCPS leadership was not engaged prior to the introduction of the bill," the county executive said. "Furthermore, amendments which were offered by BCPS were rejected outright."

Reducing school overcrowding is even harder because Baltimore County is legally required to add 1,000 affordable housing units by 2027, The Banner said.

The Banner said Julian Jones (D-Woodstock) and Pat Young (D-Catonsville) were the only council members who voted against the bill, which passed 4 to 2. Council Chair Izzy Patoka (D-Pikesville), David Marks (R-Upper Falls), Wade Kach (R-Timonium) and Mike Ertel (D-Towson) sponsored the bill and voted for it. Todd Crandell (R-Dundalk) wasn't present at the meeting and didn't vote, The Banner reported.

Ertel told FOX 45 that school overcrowding seems to be "the status quo in Baltimore County."

"We've had overcrowded schools for way too long. We keep kicking the can down the road, and I feel like often there is excuses," Ertel told FOX 45. "The only place that they want to build are places that are already overcrowded, and that just doesn't make sense."

Related: Bill To Reduce School Overcrowding Passed By Baltimore County Council