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Article X, Delaware Constitution

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Delaware Constitution
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Article X of the Delaware Constitution is entitled Education. It has six sections.

Section 1

Text of Section 1:

Establishment and Maintenance of Free Public Schools, Attendance

The General Assembly shall provide for the establishment and maintenance of a general and efficient system of free public schools, and may require by law that every child, not physically or mentally disabled, shall attend the public school, unless educated by other means.[1]

Section 2

Text of Section 2:

Annual Appropriations; Apportionment; Use of Funds; Separation of Schools; Other Expenses

In addition to the income of the investments of the Public School Fund, the General Assembly shall make provision for the annual payment of not less than one hundred thousand dollars for the benefit of the free public schools which, with the income of the investments of the Public School Fund, shall be equitably apportioned among the school districts of the State as the General Assembly shall provide; and the money so apportioned shall be used exclusively for the payment of teachers' salaries and for furnishing free text books; provided, however, that in such apportionment, no distinction shall be made on account of race or color. All other expenses connected with the maintenance of free public schools, and all expenses connected with the erection or repair of free public school buildings shall be defrayed in such manner as shall be provided by law.[1]

Section 3

Text of Section 3:

Use of Educational Funds by Religious Schools; Exemption of School Property from Taxation

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.[1]

Section 4

Text of Section 4:

Use of Public School Fund

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.[1]

Section 5

Text of Section 5:

Transportation of Nonpublic School Students

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.[1]

Section 6

Text of Section 6:

Property Tax; Use Limitations

No property tax receipts received by a public school district as a result of a property tax levied for a particular purpose shall be used for any other purpose except upon the favorable vote of a majority of the eligible voters in the district voting on the question.[1]


  • Section 6 added l980.

See also

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