Evening journal., 1919-08-26
new SCHOOL CODE
IS Rejected BY
EDUCATION BOARD

school systems IN the country. The
best in public education tnat has been
attained in the most progressive cities
similar IN size and possibilities to VIII
mington forms the standard by which
we have measured ogr school work and
by which we hope TO continue to Judge
our efforts.
The standards for The rural schools
cannot excel our standards. The quail
ifcations Of teachers specified in the
code are already required Of Whining
ton teachers. The salaries 10 be paid
teachers are already paid 90 Whining
ton teachers. The textbooks 20 be Sc
lecied can be no better than the selec-
tions made by Wilmington. The same
IS true Of courses OF study and all other
phases Of schoOl-wOrk. Standardiza-
lion under the new code offers no gain
or advantages for Wilmington schools,
and Standardization Ike uniformity
constitutes an argument against its
adoption by US.
Those who speak in favor OF the
code are not always careful in their
statements when they say that Della
ware ranks Bird among the States edu-
cationally. They should state that Del
aware outside Of Wilmington ranks
S3rd. The survey made by General Edu-
cation Board and on whose report was
based the statement OF the states rank,
did not include Wilmington. These
experts did not include Wilmington
when making that statement. The re-
port made Of defects and bad condi-
tions in Delawaros schools had no ap-
plication 10 Wilmington. No invest
gallon or report was made Of Whining
toms schools. The code was drawn up
10 correct defects found by tho investi
eating experts who investigated out
side Of Wilmington. II is a school
code for rural Delaware. Even should
the code be a god thing for rural Del
aware IS no reason for believing Il IS
good thing for Wilmington or VIII
be benfcial TO our schools
City Solicitor Huxley submitted the
following opinion;
As requested I herewith bog 30 sub
nit opinion as 90 the -cnnstltutionality
Of Chapter i57. Volume 30 Laws Of
Delaware. being the new school code.
am Of the opinion that said law is
Unconstitutional for the reason that IL
is a delegation OF the legislative pow
er which. under the Constitution can
not be done. Section 1 OF Article OF
the Constitution Of 1897. provides Ar
ticle ,. Section I: "The Legislative
power OF this state shall be vested In
q General Assembly, which shall con-
sst Of a Senate and House OF Repre-
seniativesn
section / OF Article 10 Of the Consti-
tuition provides "The GeneIhl Assem-
hiy shall provide for the establishment
and maintenance Of a general and ef-
ncient system OF free public schools,
and may require by law that every
child. not physically or mentally dis
abiod. shall attend the public school,
unless educated by other means"
section ] Of Article 30 OF the Consii-
fulton Is q mandatory provision that
fhe General Assembly shall provide for
ihe establishment and maintenance Of
a general and efficient school system
and by section I. OF Article 30 Of the
Constitution. The people Of the State [
~ Delaware have reposed In the Leg /
islature The sole power or passing |
such laws.
Section 81. OF Paragraph 2326-i3 OF /
fne school code. provides THAT the l
ensclment OF this Act and Immediately /
afic- the expiration Of the present /
school year. June 3Oih, 1919, all the
governing and administrative school
boards and committees Of every school
district in this state. including all
school districts created. united or con-
soldaied by special act prior 70 the
approval OF this act, which have ac-
cepied the provisions OF this act as
hereinafter set forth in this section
faccept the Boards of Education In
such special school districts as here
matter provided and designated) are
aboiished and the jurisdiction OF the
free public schools in said districts
shall pass TO the County Board OF Ed
ncsiion as authorized, constituted. and
Empowered by this Chapter and be-
come integral parts Of the county
school system.
Section 1 further provides ''1he Board
Of Education or school committee Of
every district in this State which was
created. united or consolidated by
special act prior 70 the approval Of this
act IS hereby authorized and empower
ed in the name Of and for such district
% accept the provisions Of this act by
a resolution Of a majority of the mem
bers Of such board OF committee"
Section i2i, Paragraph 2326-67 pro
vide ~The following cities. towns and
school districts which shall accept the
provisions Of this act as hereinafter IN
This section provided, are hereby Gre
aied and designated special school dis
tricts." Such section further provides
The Board Of Education Of the school
districts in this section above specified
is hereby authorized and empowered in
The name Of and for such district 10
accept the provisions OF this act by a
resolution Of a majority Of the mem
bers Of sIch board"
II will be seen from the above quoted
sections Of the School Code that wheth-
er or not said act becomes law de-
pends upon whether or not the Board
OF Education or the school committee
Of each particular district in this state
elects to accept the provisions Of the
school Code. This in effect leaves TO
the various boards OF education or
school committees the power Of de-
by their votes whether the
School Code shall or shall not become
the law OF each particular district.
This particular question insofar as
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