Page 25 - Delaware Lawyer - Fall 2021

11. Id. at 44-45.
12. Id. at 49.
13. Id.
14. See Husbands, 47 A. at 1011. 15. Id.
16. Weeks, History of Public Schools, at 122.
17. Henry R. Horsey, Henry N. Herndon, Jr. & Barbara MacDonald, The Delaware Consti- tutional Convention of 1897: December 1, 1897- June 4, 1897 [hereinafter 1897 Convention], in First 100 Years, at 58.
18. II Debates and Proceedings of the Consti- tutional Convention of the State of Delaware 1216 (1958) [hereinafter Debates].
19. Horsey, 1897 Convention, at 57; see also 2 Debates at 1153-1293.
20. Del. Const. art. X, § 1; see also 4 Debates at 3137.
21. Paul Dolan & James R. Soles, Government of Delaware 165 (1976) [hereinafter Govern- ment of Delaware].
22. 347 U.S. 483 (1954).
23. 14 Del. C. ch. 10; Dolan & Soles, Govern- ment of Delaware, at 165-66.
24. Dolan & Soles, Government of Delaware,
at 166.
25. 14 Del. C. § 122(a). See generally 14 Del. C. ch. 1.
26. 14 Del. C. § 102(a). The General Assembly has also provided for a State Board of Educa- tion, which consists of seven members appoint- ed by the Governor and confirmed by the State
Senate and advises the Secretary of Education. Id. § 104(a)-(b).
27. Corder v. City of Milford, 196 A.2d 406, 407 (Del. Super. 1963). See generally, 14 Del. C. ch. 10.
28. 14 Del. C. § 1091.
29. Id. § 1043.
30. See, e.g., 14 Del. C. §§ 1092-93.
31. Opinion of the Justices, 425 A.2d 604, 609 (Del. 1981).
32. The remainder comes from local and federal funding.
33. 14 Del. C. § 1702.
34.Id. § 1707(a).
35. Governor Carney Launches Opportunity Grant Program to Support Disadvantaged Delaware Students, https://news.delaware. gov/2017/07/25/opportunity-grant-program. 36. Governor Carney Announces $60 Million Opportunity Funding Initiative for Disad- vantaged Students, https://news.delaware. gov/2019/01/15/opportunity-funding.
37. In re School Code of 1919, 108 A. 39 (Del. 1919).
38. Id. at 41 (emphasis added).
39. See Brennan v. Black, 104 A.2d 777 (Del. 1954); Opinion of the Justices, 246 A.2d 90,
92 (Del. 1968). See also Beck v. Claymont Sch. Dist., 407 A.2d 226, 228 (Del. 1979).
40. See, e.g., DuPont v. Mills, 196 A. 168, 172 (Del. 1987).
41. The Plaintiffs also brought separate counts
against public officials in all three Counties, alleging that the Counties’ failures to reassess real property subject to taxation for some 30
to 40 years violated state statutes. The Court separated the litigation into the “State Track” and the “County Track” because of the distinct issues raised against the State and Counties. The County Track did not allege violations of the Education Clause.
42.Many challenges to state school funding systems have been filed since the early 1960s in what has been described as three waves, with the third wave challenging the adequacy of the education. The history of school finance litiga- tion is extensive. It has generated commentary too voluminous to catalogue for the purposes of this article. Results have not been uniform.
43. Delawareans for Educational Opportunity v. Carney, 199 A.3d 109 (Del. Ch. 2018).
44.Id. at 140.
45. Verified Complaint, In re Delaware Public Schools Litigation, C.A. No. 2018-0029-JTL (Del. Ch. Jan. 16, 2018) (Dkt. 1).
46. Delaware News, Governor Carney Signs Legislation to Expand and Make Permanent Opportunity Funding in Schools, https://news. delaware.gov/2021/06/30/governor-carney- signs-legislation-to-expand-and-make-perma- nent-opportunity-funding-in-schools.
47. Stipulation and Order of Dismissal without Prejudice, In re Delaware Public Schools Litiga- tion, C.A. No. 2018-0029-JTL (Del. Ch. Aug. 17, 2021) (Dkt. 452).
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