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DELAWAREANS FOR EDUCT'L OPP. v. CARNEY

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

199 A.3d 109 (2018)

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, Delaware, Defendants.

Court of Chancery of Delaware.

Date Decided: November 27, 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., Wilmington, Delaware; Counsel for Plaintiffs.

Barry M. Willoughby , 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.

Norman M. Monhait , ROSENTHAL, MONHAIT & GODDESS, P.A., Wilmington, Delaware; David K. Lukmire , O'MELVENY & MYERS LLP, New York, New York; Counsel for Amicus Curiae The Education Law Center. Counsel for Amicus Curiae The Education Law Center.

OPINION

The Education Clause in Delaware's constitution states: "[T]he General Assembly shall provide for the establishment and maintenance of a general and efficient system of free public schools...."1 This clause manifests Delaware's commitment to provide a free public education to all of Delaware...

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