CONSTITUTIONAL PROVISIONS FOR SCHOOLS
EXTENT OF CONSTITUTIONAL PROVISIONS
Not only has provision for the education of the deaf been consummated in
all the states, but in some of them this provision has been buttressed,
as it were, by a permanent guarantee in the organic law. This regard,
while not necessary practically for the continuance of the schools, is
none the less commendable,--and indeed is one that should be declared in
every state. Such provision concerning the education of the deaf, more
direct in some than in others, is found in the constitutions of
twenty-seven, or a little over half of the states. These are Alabama,
Arizona, Arkansas, Colorado, Florida, Idaho, Indiana, Kansas, Louisiana,
Michigan, Minnesota, Mississippi, Montana, Nevada, New Mexico, New York,
North Carolina, North Dakota, Ohio, Oklahoma, South Carolina, South
Dakota, Texas, Utah, Virginia, Washington, and West Virginia.[475]
New York in 1846 was the first state to make reference thus to a school
for the deaf. Michigan, however, in 1850 was the first state to provide
directly for their education, followed in 1851 by Indiana and Ohio. Of
the forty-two states adopting constitutions since 1846, twenty-seven
have made reference to schools, while fifteen have failed to do so. Of
the twenty states adopting constitutions since 1889, sixteen have made
such provision.[476] It is to be noted, however, that many of the states
with special reference to the education of the deaf have comparatively
recent constitutions, while in others where no such provision is found,
the present constitutions often date far back in our national history,
and were adopted before attention had been called to the needs of the
deaf and similar classes. Hence, in general, it is not to be concluded
from the mere presence or absence of a reference in the constitution
that certain states are more solicitous than others for the education of
their deaf children.
LANGUAGE AND FORMS OF PROVISIONS
The language of these constitutional provisions for schools for the deaf
varies to some extent.[477] In all of the constitutions, with the
exception of that in Minnesota, schools for the deaf are coupled with
those for the blind, and unless the provision is under the caption of
"education," institutions for the insane are likewise provided for in
the same clause. In several instances there is more than one reference
to the school for the deaf.[478]
The most usual statement is that institutions for the deaf and dumb, the
blind, and the insane shall be established and maintained, or fostered
and supported, by the state, as in Arizona,[479] Colorado,[480]
Florida,[481] Idaho,[482] Kansas,[483] Michigan,[484] Montana,[485]
Nevada,[486] Ohio,[487] South Carolina,[488] Utah,[489] and
Washington.[490] In the South Carolina constitution the school is also
declared to be exempted from taxation; and in the Utah constitution a
further provision establishes the location, and guarantees against
diversion the lands granted by the United States.[491] In the
constitutions of Arkansas,[492] Indiana,[493] Mississippi,[494] and
Oklahoma,[495] the statement or its equivalent is that it is the duty of
the legislature to provide by law for the support of institutions for
the education of the deaf and dumb, and blind, and for the insane.
In other states less direct or authoritative references are found. In
West Virginia[496] the legislature "may make suitable provision for the
blind, mute and insane whenever it may be practicable," while in North
Carolina[497] the matter seems also optional. In the Minnesota
constitution[498] there is an amendment by which the public debt is
increased for the purpose of establishing certain public institutions,
including the school for the deaf. In the South Dakota constitution[499]
the several charitable and penal institutions are enumerated, among
which is the school for the deaf, while direction is also given as to
the sale of land held for the benefit of the school. In New Mexico[500]
the school is enumerated among the educational institutions, reference
also being made to the public land; and in Virginia[501] the school is
mentioned in connection with the composition of the state board of
education. In the Texas constitution[502] a permanent fund is provided
from the lands which have been granted prior to its adoption, while
another reference is made to the printing to be done at the school. In
the North Dakota constitution[503] the lands from Congress are declared
to be a perpetual fund and inviolable, while in another place the
location of the school is provided for. In the Alabama constitution[504]
the legislature is expressly declared not to be empowered to change the
location of the school. In New York[505] the constitutional provisions
have reference to the subsidies granted to private institutions, it
being stated that "nothing in the constitution shall prevent the
legislature from making such provision for the education and support of
the blind, the deaf and dumb, and juvenile delinquents ... as it may
deem proper," and that the legislature is not to be prohibited from
action by the prohibition of the credit or land of the state being
"given to private associations, corporations and undertakings." In
Louisiana[506] a similar, though less explicit, reference to state aid
is found.
FOOTNOTES:
[475] The constitutions of most of the states provide for the education
of all their children, and the deaf could well be included here.
Moreover, in the constitution of Nebraska (VIII., 12) there is a
provision for children growing up in mendicancy and crime; and in that
of Wyoming (VII., 18) that such charitable, penal or reformatory
institutions shall be established as the claims of humanity and the
public good many require. In either of these the provision might be
construed to apply to schools for the deaf.
[476] In the constitutions of some states, as Michigan, Mississippi, New
York, and South Carolina, there were provisions in the preceding as well
as the present drafts.
[477] In the constitutions no reference is made to the deaf other than
in provisions for schools, except in the case of Mississippi, where
exemption from a certain tax is found.
[478] In these constitutional references, the provision is as a rule
found under some general head as "public institutions", "state
institutions", or "miscellaneous". In the South Carolina constitution
the provision is found under the caption "charitable", and in the North
Carolina under "charitable and penal". Under the heading of "education"
are the provisions in the constitutions of Arizona (one clause),
Colorado (as an amendment), Michigan, Mississippi, New Mexico, Oklahoma
(one clause), Texas (though under the sub-title "charitable"), Utah (one
clause), and Virginia.
[479] XXII., 15; XI., 1.
[480] VIII., 1. A later amendment classifies it with the educational
institutions of the state.
[481] XIII., 1. Adopted the same year that the school was established.
[482] X., 1.
[483] VII., 1.
[484] XI., 15.
[485] X., 1; XI., 12.
[486] XIII., 1.
[487] VII., 1.
[488] XII., 1; X., 4.
[489] X., 10; XIX., 2, 3.
[490] XIII., 1.
[491] It is to be noted that in nearly all the states having government
donations of land, reference is made to its inviolability.
[492] XIX., 19.
[493] IX., 1.
[494] VIII., 209.
[495] XII., 2; XXI., 1.
[496] XII., 12.
[497] XI., 10.
[498] IX., 14, as amended.
[499] XIV., 1.
[500] XII., 11.
[501] IX., 130.
[502] VII., 9; XVI., 21.
[503] IX., 159; XIX., 215. See also amendment, 1904, sec. 5.
[504] XIV., 267.
[505] VIII., 9, 14.
[506] 53.