A newly filed legal challenge is adding another layer of complexity to the ongoing debate surrounding Montgomery County Public Schools’ recently approved boundary plan.
Following the Montgomery County Board of Education’s March 26 approval of the “Modified Option H” plan, a coalition of parents has submitted an emergency request to the Maryland State Department of Education seeking to pause implementation. The filing argues that the plan may violate state requirements related to school closures and raises concerns about the data and process used to support the decision.
The request, filed by attorneys with Silverman Thompson on behalf of the Community and Education Policy Alliance, calls for a temporary 60-day stay to allow for state review before any further steps are taken.
Below is the full press release with additional details on the claims, concerns, and next steps outlined by the filing.
FOR IMMEDIATE RELEASE
Emergency Legal Filing Seeks to Halt MCPS Plan to Close Wootton High School
Filing seeks immediate halt, citing legal violations and reliance on flawed and misleading data
Rockville, MD — April 13, 2026 — A coalition of Montgomery County parents is seeking immediate State intervention to halt the Montgomery County Board of Education’s “Modified Option H” plan, approved March 26.
Filed March 31 by Silverman Thompson on behalf of the Community and Education Policy Alliance, the emergency request seeks a 60-day stay while the Maryland State Department of Education reviews serious legal and procedural deficiencies.
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At its core, the filing makes a straightforward claim: MCPS cannot bypass school closure requirements by calling it a “relocation.” The plan reassigns some Wootton students to a different cluster, moves the remaining students to a different school in a different city, and repurposes the existing Wootton campus for long-term system use—actions that, taken together, constitute a de facto closure under Maryland law.
The filing alleges MCPS did not follow the required process, including formal analysis, public notice, and written justification. Submitted within days of the Board’s vote, the request comes during a narrow window for State intervention before implementation advances. It warns that moving forward without review risks immediate and irreparable harm to thousands of students and families.
“You can’t call it a ‘relocation’ if the original school is effectively shut down,” said Elisa Sukhobok, on behalf of CEPA. “Labels don’t change what this is—and they don’t change the legal requirements MCPS is obligated to follow.”
The filing asserts that CEPA is likely to succeed on the merits and raises broader questions about whether a decision of this scale can lawfully proceed without adherence to required legal processes and full public transparency.
Key Issues Raised in the Filing
The filing challenges multiple aspects of the Board’s decision, including:
• Failure to follow legally required procedures for closing a school
• Use of flawed or potentially misleading data to justify the outcome
• Risk of immediate and irreversible harm to affected students and families
• Advancement of implementation steps before legal review is complete
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Concerns Over Data and Decision-Making
The filing challenges the evidentiary basis for the Board’s decision, alleging that key enrollment projections relied on flawed or misleading inputs and were used to support a predetermined outcome. It also raises concerns about inconsistencies between projections used to secure State construction funding and the data now being used to justify the plan.
Risk of Irreversible Harm
The filing argues that harm is already underway. Families are being forced to make long-term educational decisions as MCPS moves forward with staffing, programming, and capital commitments that may be difficult—or impossible—to unwind if the decision is later overturned. The filing contends that a temporary pause is necessary to prevent disruption, ensure compliance with legal requirements, and allow any final decision to be based on accurate and complete information.
For many families, the plan would fundamentally alter where their children attend school and their connection to their local community. “Decisions affecting thousands of students demand a fair and deliberative process. We have serious concerns that, unfortunately, this did not happen here,” said counsel for CEPA. “We will take all necessary steps to protect the rights of the families affected by this plan.”
Next Steps
The Maryland State Department of Education is expected to determine whether to grant the requested stay within a limited timeframe. That decision will determine whether implementation proceeds or is paused for further legal review.
CEPA is represented by attorneys Christopher Mincher and Patrick Seidel of Silverman Thompson, a firm with significant experience in complex litigation and government matters. If the stay is not granted, CEPA is prepared to pursue additional appeals through administrative and judicial channels.
About CEPA
The Community and Education Policy Alliance (CEPA) is a community-based organization advocating for transparent, equitable, and data-driven education policy decisions.
Media Contact
Elisa Sukhobok
301-385-0680
board@cepamd.org
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I’m a Wootton cluster parent and former Wootton teacher. My child won’t be there for 6 years but when I taught at Wootton almost 20 years ago it was in bad shape and from the times I’ve been in there recently it doesn’t look much better.
There’s no money for the foreseeable future to rebuild. I don’t see why moving to Crown is such a big deal. I’m genuinely asking. -Surely a brand new school with the same staff and teachers is a huge upside?
Follow the incentives. Look at the fact that Frost will now be 50% kids on food stamps. This enables the county to get Title 1 funding, meaning more federal funding. Who cares if it means breaking up high performing local schools and ultimately driving families who prioritize education away to private schools or other districts.
It’s a first step toward killing off high performing local schools that are seen by a contingent of the board as “unjust” and “privileged”. They are protecting BCC (where the superintendent’s kids go to school), Whitman and Churchill, which are slightly richer and better organized.
They’re using the fact that Wootton is split across multiple jurisdictions to make us the sacrificial lamb to achieve “equity” goals that get them more funding.
Where exactly does all our tax money go if we can’t do the most basic function of funding the upkeep of the school? To bureaucracy, consultants and the poorer parts of the district.
And they’re doing it clumsily and illegally.
MCPS board is incompetent.
Minor Correction: The superintendent does not have kids in MCPS. He has relatives but I don’t think they’re at BCC. He went to BCC when he was a kid