Delaware

AMENDMENT LANGUAGE

State Constitutional Provisions

Del. Const. art. X, § 3: "No portion of any fund now existing, or which may hereafter be appropriated, or raised by tax, for educational purposes, shall be appropriated to, or used by, or in aid of any sectarian, church or denominational school; provided, that all real or personal property used for school purposes, where the tuition is free, shall be exempt from taxation and assessment for public purposes."

Del. Const. art. X, § 4: "No part of the principal or income of the Public School Fund, now or hereafter existing, shall be used for any other purpose than the support of free public schools."

Del. Const. art. X, § 5: "The General Assembly, notwithstanding any other provision of this Constitution, may provide by an Act of the General Assembly, passed with the concurrence of a majority of all the members elected to each House, for the transportation of students of nonpublic, nonprofit Elementary and High Schools."

RELEVANT CASES

State Courts

Opinion of the Justices, 216 A.2d 668 (Del. 1966).

Traub v. Brown, 172 A. 835 (Del. 1934).

REPEAL EFFORTS

See the Heritage Foundation website for a list of state contacts.