Delaware Law Article X- EDUCATION
Delaware Constitution – Article X: Education
🔹 Overview:
Article X of the Delaware Constitution lays out the framework for public education in the state. It addresses the duties of the state government regarding education, establishes the structure for school funding, governance, and oversight, and emphasizes the importance of a free public education system.
🔹 Section-by-Section Summary:
Section 1 – General Provisions
The General Assembly is required to:
Provide a general and efficient system of free public schools.
Ensure all children in the state receive a thorough and efficient education.
Public education must be free and accessible to all children.
Section 2 – Use of Public Funds
Public funds are restricted to public (non-sectarian) schools only.
No state funds can be used to support religious or private schools.
Section 3 – Governor’s Role in Appointments
The Governor appoints the Secretary of Education, subject to Senate confirmation.
The Secretary serves as the chief executive officer of the state education system.
Section 4 – School Funding and Revenues
Establishes provisions for funding public education, including taxes and appropriations.
Funds must be used only for educational purposes as specified by law.
Section 5 – Religious Instruction Prohibited
Religious instruction is prohibited in public schools during school hours.
Section 6 – Repealed Section
This section was repealed and is no longer in force.
Section 7 – School Attendance
The General Assembly has authority to:
Require compulsory school attendance.
Enact laws to ensure that children attend school until a certain age.
🔹 In Summary:
| Key Feature | Details |
|---|---|
| Free Public Schools | Guaranteed and funded by the state |
| Religious Neutrality | No public money or instruction for religion |
| Governor’s Role | Appoints Secretary of Education |
| Compulsory Attendance | Legislature may mandate school attendance |
| Funding Rules | Funds must be used only for educational purposes |
🔹 Purpose:
Article X ensures that all children in Delaware have access to a free, secular, and equitable education, and it outlines how the state is to organize and support the public school system.
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