DELAWAREANS FOR EDUCATIONAL OPPORTUNITY v. CARNEY

C.A. No. 2018-0029-VCL.

DELAWAREANS FOR EDUCATIONAL OPPORTUNITY and NAACP DELAWARE STATE CONFERENCE OF BRANCHES, Plaintiffs, v. JOHN CARNEY, Governor of the State of Delaware; SUSAN BUNTING, Secretary of Education of the State of Delaware; KENNETH A. SIMPLER, Treasurer of the State of Delaware; SUSAN DURHAM, Director of Finance of Kent County, Delaware; BRIAN MAXWELL, Chief Financial Officer of New Castle County, Delaware; and GINA JENNINGS, Finance Director for Sussex County, Defendants.

Court of Chancery of Delaware.

Decided: October 5, 2018.


Attorney(s) appearing for the Case

Ryan Tack-Hooper , Karen Lantz , ACLU FOUNDATION OF DELAWARE, INC., Wilmington, Delaware; Richard H. Morse , Brian S. Eng , COMMUNITY LEGAL AID SOCIETY, INC; Counsel for Plaintiffs.

Barry M. Willoughby , Kathaleen St. J. McCormick , Lauren E.M. Russell , Elisabeth S. Bradley , Lauren Dunkle Fortunato , YOUNG CONAWAY STARGATT & TAYLOR, LLP, Wilmington, Delaware; Counsel for Defendants John Carney, Susan Bunting, and Kenneth A. Simpler.

William W. Pepper Sr. , Gary E. Junge , SCHMITTINGER & RODRIGUEZ, P.A., Dover, Delaware; Counsel for Defendant Susan Durham.

Herbert W. Mondros , Helene Episcopo , MARGOLIS EDELSTEIN, Wilmington Delaware; Counsel for Defendant Gina Jennings.

Adam Singer , Mary A. Jacobson , NEW CASTLE COUNTY OFFICE OF LAW, New Castle, Delaware; Counsel for Defendant David M. Gregor.


MEMORANDUM OPINION

The plaintiffs contend that Delaware fails to provide children from low-income families, children with disabilities, and children whose first language is not English (collectively, "Disadvantaged Students") with a meaningful opportunity to obtain an adequate education. They assert that part of the problem...

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