CHAPTER XV

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.

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