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Construction of new classrooms, a new gymnasium, a cafeteria upgrade and other improvements at Walkersville Elementary is slated to begin July 1, according to Mark Herr, a senior project manager for Frederick County Public Schools.

At issue is a local ordinance that town commissioners are hesitant to waive for the school system. Walkersville is defending itself against a $16.5 million religious bias lawsuit in federal court after rejecting a Muslim group's special exemption request to build a mosque and retreat center, a different land-use issue.

"I know they're thinking about the lawsuit, but it has nothing to do with us," Herr said. "It's not even comparable."

Private developers typically are required to post a bond when proposing a new building project to ensure that necessary infrastructure work, such as water and sewage systems, is completed. Frederick County Public Schools has always been exempted from such bond requirements by local municipalities.

"We're a public entity," Herr said.

The school system doesn't move forward with construction unless capital improvement project funding is budgeted, he said. "If we don't use the money for the necessary work, we are breaking the law, and I'd argue that's a tougher penalty than anything else."

At a meeting Wednesday, town commissioners did not grant the expected exemption from their ordinance, which Herr said has not been enforced on past FCPS capital improvement projects in Walkersville. The commissioners decided to delay a vote on the school project until they meet with the town's lawyer, David Severn.

"Walkersville is the only municipality in the county, I'd bet in the state, that has asked the school system to do this," Herr said.

Walkersville Burgess Ralph Whitmore ultimately expects the school project to move ahead on time.

"I think it's going to be OK'd," Whitmore said of the bond exemption. "Some people were hesitant, so we just want to check. My hope is it's only a formality."

Herr oversaw capital improvement projects at Walkersville Middle School and Walkersville High School in the 1990s.

Severn did the school system's deed and easement work on the latest project, Herr said, and therefore may not be in a position to advise the Walkersville commissioners on this matter.

Severn could not be reached for comment.

The commissioners rejected in November a zoning amendment that would have exempted the Banner School, a private coeducational K-8 institution, from a different land-use ordinance. The Banner School's leadership believed this decision was also related to the town's defense against the lawsuit brought by Walkersville resident David Moxley, who attempted to sell his property to members of the Ahmadiyya Muslim Community.

The expansion project at Walkersville Elementary is expected to take two years. The new gymnasium, in particular, is a significant improvement, Herr said, and will also be used by the county's park and recreation department.

The school is scheduled to bring back kindergarten students in fall 2010, Herr said. Kindergartners and pre-K students were moved to Glade Elementary School in August 2007 to relieve overcrowding at Walkersville.

Herr stressed that the county needs this summer and next, as well as working through school calendars, to complete the construction.

He expects the county to sign off on the plans in the next week, and he hopes that will persuade the Walkersville zoning board to move the project forward. Further delays, he said, with either zoning or the town commissioners over the bond issue could jeopardize the start of construction.

Walkersville Elementary has a state-rated capacity for 488 students, Herr said, and has 558 enrolled. That number is expected to increase to 571 next year.

After the additions, the school will have a state-rated capacity of 714 students. Herr said current projections put the student body at 697 for 2010 after kindergarten classes move back. Enrollment at Glade, projected at 695 for 2009, is projected to drop to 553 for 2010.

The two schools together, even with the new classrooms, will remain close to state-rated capacity, Herr said, and a third elementary school in Walkersville is in the long-term planning stages.