Baltimore Teachers Union, American Federation of Teachers, Local 340, AFL-CIO v. Maryland State Board of Education, 379 Md. 192

Summary

The Maryland Court of Appeals held that the Baltimore Teachers Union had standing to challenge regulations authorizing state reconstitution of underperforming public schools and a contract with Edison Schools, Inc. to operate three Baltimore City elementary schools. The court held that subsequent General Assembly enactments ratified and authorized the State Board of Education's reconstitution regulations and third-party contract. The court declined to reach a constitutional argument raised for the first time on appeal and affirmed the judgment of the Circuit Court for Baltimore City.

Holdings

1. The Union had standing because, as the designated collective-bargaining representative for Baltimore City public school employees, it had a legal and fiduciary interest in preserving the bargaining unit and labor standards affected by the regulations and contract.
2. The General Assembly subsequently ratified and authorized the State Board's reconstitution regulations and its authority to enter into third-party contracts for operation and management of reconstituted schools.
3. The court declined to address the constitutional challenge because the Union had not raised it in the trial court or presented it in the certiorari petition.

Questions Presented

1. Whether the Baltimore Teachers Union had standing to challenge the school-reconstitution regulations and the Edison contract.
2. Whether subsequent General Assembly enactments ratified and authorized the State Board's reconstitution regulations and its contract with a private third-party operator.
3. Whether the court should decide the Union's Maryland Constitution Article VIII, § 1, challenge when that constitutional issue was raised for the first time on appeal.

Disposition

affirmed