SPONSOR:

Sen. Townsend & Sen. Sokola & Rep. Matthews

DELAWARE STATE SENATE

149th GENERAL ASSEMBLY

SENATE CONCURRENT RESOLUTION NO. 39

REQUESTING AN ADVISORY OPINION OF THE JUSTICES OF THE DELAWARE SUPREME COURT.

WHEREAS, § 1, Article X of the Delaware Constitution requires the General Assembly to provide for the “establishment and maintenance of a general and efficient system of free public schools”; and

WHEREAS, some Delawareans are concerned about the number of school districts in Delaware, and believe this creates a loss of operational efficiencies; and

WHEREAS, Delaware’s school property tax referendum system results in the kind of inefficiency-inducing turmoil described by Vice Chancellor Laster in Young v. Red Clay Consol. Sch. Dist. , 2017 Del. Ch. LEXIS 86 (May 24, 2017; and

WHEREAS, some people believe the structure of the current public school system leads to inefficiencies in building construction, maintenance, and support given shifting student populations within each school district and from school district to school district, particularly in northern New Castle County; and

WHEREAS, studies have shown that the compensation schemes for educators result in inefficiencies because the failure to compensate educators adequately means more costs in the long-run due to the loss of educator expertise; and

WHEREAS, shortfalls in investment levels in early intervention, such as literacy efforts, English language learners funding, or K-3 basic special education, can result in higher costs and greater inefficiencies serving students in later years; and

WHEREAS, shortfalls in investment levels in morning, afternoon, or summer programming, can result in higher costs and greater inefficiencies associated with remediation coursework; and

WHEREAS, the Christina School District’s footprint, a noncontiguous school district separated by many miles, results in many operational and transportation inefficiencies; and

WHEREAS, there are geographic and programmatic overlaps between the traditional districts and vo-tech districts, including transportation costs, which could lead to inefficient redundancies across the State's education portfolio; and

WHEREAS, there are geographic and programmatic overlaps between the traditional districts and charter schools, including transportation costs, which could lead to inefficient redundancies across the State's education portfolio; and

WHEREAS, it is unclear what is intended by the phrase “efficient system” and whether the features of Delaware’s public school system, if sufficiently similar to the characteristics set forth in the above Whereas clauses, meet the requirement of an “efficient system”; and

WHEREAS, § 141, Title 10 of the Delaware Code authorizes the General Assembly to request an Opinion of the Justices of the Delaware Supreme Court.

NOW, THEREFORE:

BE IT RESOLVED by the Senate of the 149 th General Assembly of the State of Delaware, the House of Representatives concurring therein, that the General Assembly requests an Opinion of the Justices of the Delaware Supreme Court to answer the following questions:

(1) What does “efficient system of free public schools” mean for purposes of the General Assembly’s obligations under § 1, Article X of the Delaware Constitution?

(2) Does Delaware’s public school system, if sufficiently similar to the characteristics set forth in the above Whereas clauses, meet the definition of an “efficient system”?

BE IT FURTHER RESOLVED that the President Pro Tempore of the Senate and the Speaker of the House of Representatives shall provide a copy of this Resolution to the Justices of the Delaware Supreme Court.

BE IT FURTHER RESOLVED that the President Pro Tempore of the Senate and the Speaker of the House of Representatives shall provide a copy of this Resolution within 5 days of final passage as required by § 141(c), Title 10 of the Delaware Code.

BE IT FURTHER RESOLVED that the President Pro Tempore of the Senate and the Speaker of the House of Representatives shall provide a copy of the Supreme Court’s advisory opinion to the Governor within 5 days of receipt of the advisory opinion as required by § 141(d), Title 10 of the Delaware Code.

SYNOPSIS

This Concurrent Resolution requests an Opinion of the Justices of the Delaware Supreme Court regarding the proper construction of § 1, Article X of the Delaware Constitution and the constitutionality of laws establishing and maintaining Delaware’s free public school system.

Author: Senator Townsend