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Legal Questions Remain On Hogan Executive Order

September 2nd, 2016 by WCBC Radio

Legal experts are weighing in as pushback continues over Gov. Larry Hogan's executive order requiring public school to start after Labor Day. WBAL reports the governor issued an executive order Wednesday that requires public schools to start classes after Labor Day and end by June 15.

"This isn't just a family issue. It is an economic and public safety issue," Hogan said Wednesday.

The executive order is carefully worded: "Each local Board of Education shall retain full responsibility for establishing its annual academic calendar and therefore shall have the necessary latitude to determine how best to comply with the provisions of this executive order along with state and local laws."

Some are wondering if the governor's order is legal.

Executive orders are basically instructions to agencies. In this case, the governor's office, based on case law, considers local school boards as units of state government.

Attorney Byron Warnken, an expert on state and constitutional law, considers the legality of the governor's executive order a gray area.

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