MORGANTOWN, WEST VIRGINIA — The Delaware Court of Chancery has cited WVU Law professor Joshua Weishart in an education rights case.
In Delawarians for Educational Opportunity v. Carney, the court ruled that the state constitution “obligates the state of Delaware to create and maintain a system of public schools that successfully educates Delaware’s students.”
In support of its decision to deny a motion to dismiss the case, the court cites two of Weishart's law review articles:
“It is not possible to divorce a mandate to establish and maintain a system of public schools from the expectation that the schools will educate the students who attend them.” See Joshua E. Weishart, Aligning Education Rights and Remedies, 27 Kan. J.L. & Pub. Pol’y 346, 360-61 (2018).