Delaware: legislators introduce resolution to ask state supreme court whether the public school system is constitutional

I’ve mentioned the highly contentious issue of school funding and its impact on efforts to limit state court systems such as stripping the courts of jurisdiction to hear K-12 funding lawsuits. Now members of the Delaware legislature want that state’s supreme court to weigh in via an advisory opinion.

Delaware state law (10 Del. C. 141) allows for the Governor or a majority of the legislature to request an advisory opinion from the supreme court. In this instance, the request to the state’s supreme court comes after a recent Chancery Court decision in Young v. Red Clay Consol. Sch. Dist. determined that a local school district broke election rules when it passed a voter referendum to raise taxes to pay for schools. In that opinion, the court noted that the case “stems from the dysfunction in Delaware’s system for funding public schools” (media coverage here).

SCR 38 asks the supreme court two 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, given the features set forth in the above Whereas clauses, meet the definition of an “efficient system”?