CHAPTER 558

HOUSE JOINT RESOLUTION NO. 24

TO PROVIDE AN OPPORTUNITY FOR THE GENERAL ASSEMBLY TO REVIEW THE PLAN OF THE STATE BOARD OF EDUCATION WHICH IS TO BE SUBMITTED TO THE UNITED STATES DISTRICT COURT IN THE CASE OF EVANS V. BUCHANAN.

WHEREAS, the May 18, 1977 Order of the United States District Court for the District of Delaware in the case of Evans v. Buchanan, Civil Action Nos. 1816-1822, provides for the General Assembly or the State Board of Education to prescribe a desegregation plan; and

WHEREAS, the May 18, 1977 Order provides that the State Board of Education or other appropriate State authority shall file with the District Court a formal report of the State's efforts to carry out the mandate of the District Court; and

WHEREAS, the General Assembly is concerned that the highest quality education be provided for all the students in the State of Delaware; and

WHEREAS, the May 19, 1976 Opinion of the United States District Court in Evans v. Buchanan recognized the authority of the State Board of Education and the General Assembly to "take such steps as are not violative of constitutional rights to change the pattern set" by the Court; and

WHEREAS, the General Assembly and its Special Legislative Committee on School Desegregation established by the House Concurrent Resolution No. 51 of the 128th General Assembly is and has been studying the situation created by the case of Evans v. Buchanan; and

WHEREAS, the General Assembly is responsible for protecting the interests of the people of the State of Delaware; and

WHEREAS, in the interests of the people of the State of Delaware, the General Assembly deems it appropriate that it be afforded an opportunity to review any report, program, plan or proposal of the State Board of Education which is to be submitted formally to the United States District Court for the District of Delaware in accordance with the Order of May 18, 1977.

NOW, THEREFORE:

BE IT RESOLVED by the House of Representatives of the 129th General Assembly, the Senate concurring therein, that at least ten

(10) days prior to submitting any formal report, program, plan or proposal to the United States District Court for the District of Delaware for the purpose of complying with the May 18, 1977 Order in the case of Evans v. Buchanan, the State Board of Education shall, by certified mail, submit a copy of such report, plan, program or proposal to each member of the Special Legislative Committee on School Desegregation, provided, however, that nothing in this Resolution shall preclude compliance with the time limitations imposed upon the State Board of Education or the General Assembly by the May 18, 1977 Order.

Approved June 28, 1977.