JURISDICTION ALERT/HB 675 BILL NUMBER AND STATUS: HB 675 (Out of Committee) Introduced 06/22/2000 PRIMARY SPONSOR: Cloutier COSPONSORS: Sen. Sokola Reps. Smith, Buckworth, Capano, Carey, Cathcart, Caulk, D. Ennis, Ewing, Fallon, Lee, Lofink, Miro, Reynolds, Stone, Valihura, Wagner, Brady, DiLiberto, B. Ennis, Houghton, Keeley, Schroeder, Viola, West SYNOPSIS (Posted on LIS): This bill updates remaining references throughout the Delaware Code to the Department of Public Instruction and the Superintendent of Public Instruction, replacing them with the Department of Education and the Secretary of Education, respectively. It also corrects several references to the State Board of Education by replacing it with the Department of Education in those instances where the powers and duties have previously been transferred to the Department, preserving the State Board's approval authority where applicable. SUMMARY: The names of these government departments are no longer self-restrictive. THE NEED FOR SPEED ON THIS ISSUE: This might be our last chance to assert that the name change does not give or imply powers to the State that naturally belong to the People. WHAT YOU CAN DO RIGHT NOW: 1. Draft a letter and send it to the bill's sponsor and cosponsors. 2. Send a copy to the Education Committee Members ask for them to help us get an amendment to HB- 675, even though it is Out of Committee. BOTTOM LINE: All we need is a sentence that asserts that the power of the Department is to exercise general control and supervision over the public schools of the State only. (And I would emphasize that inclusion of "only" is critical to the meaning of the sentence.) STATUTORY BASIS FOR THIS AMENDMENT TO HB-675: Title 14, Part 1, Chapter 1, Subchapter II, Section 121 "General Powers of the Department of Education. The Department shall exercise general control and supervision over the public schools of the State" CONSTITUTIONAL BASIS FOR THIS AMENDMENT TO HB-675: State of Delaware Constitution, Article X, Section 1. "The General Assembly shall provide for the establishment and maintenance of a general and efficient system of free public schools" (The system of free public schools is re-asserted as separate from private education in the rest of the sentence) ".and may require by law that every child shall attend the public school, unless educated by other means." The Department of Education has regulatory power over the public schools only. Contact List for Delaware Elected Officials: http://www.state.de.us/contacts/ Delaware Bill Search: http://aosta.state.de.us/LIS/LIS140.NSF?opendatabase Delaware Constitution: http://www.state.de.us/facts/constit/de_const.htm Submitted By Elizabeth Garner 08-00
