CHAPTER 563

SENATE JOINT RESOLUTION NO. 29

NOTIFYING THE NEW CASTLE COUNTY PLANNING BOARD OF EDUCATION, AND ALL OTHER INTERESTED PERSONS, THAT THE STATE OF DELAWARE DOES NOT CONSIDER THE FINDINGS, RECOMMENDATIONS, POLICIES OR ANY OTHER ACTION OF SUCH BOARD TO BE FINDINGS OF THE STATE OR OF A DULY CONSTITUTED BOARD OF EDUCATION.

WHEREAS, in the litigation known as Evans v. Buchanan, it is understood that the United States District Court for the District of Delaware ordered the State Board of Education of the State of Delaware to appoint a five-person new Board to plan for the implementation of an almost county-wide School District in New Castle County in connection with an Order of that Court which provides for, among other things, the elimination of eleven public school districts created under the authority of the General Assembly of the State of Delaware and their replacement by the Court-created single almost county-wide public school district; and

WHEREAS, the new Board was so appointed and we understand it has presented to the Court such a plan; and

WHEREAS, the 129th General Assembly of the State of Delaware does not recognize said new Board to be a duly constituted and representative Board of Education under the laws of the State of Delaware.

NOW, THEREFORE:

BE IT RESOLVED by the members of the 129th General Assembly of the State of Delaware, the Governor concurring therein, that the findings, recommendations, policies and other actions of the five-person Planning Board appointed by the State Board of Education are not actions or findings of the State of Delaware or any local school district in New Castle County, notwithstanding any statement, rule or regulation of the State Board of Education to the contrary; and

BE IT FURTHER RESOLVED that the action and policies of the New Castle County Planning Board of Education are not endorsed by the State of Delaware and that unless the General Assembly takes effective action in support of any such actions or policies said actions and policies shall have only such force as they receive from orders of the United States Courts.

Approved October 15, 1977.