A Delaware Court of Chancery judge’s ruling on Tuesday will allow an lawsuit pertaining to state public education funding to proceed.

The lawsuit, brought by two civil rights organizations, Delawareans for Educational Opportunity and the Delaware NAACP, argues that the way Delaware funds public schools has led to a disparity so great it is deemed a violation of the Delaware Constitution.

The lawsuit claims that low income students, students with disabilities, and English language learners are disadvantaged because of the state’s failure to “adequately educate these students” due to funding disparities. In addition, the complaint alleges that while disadvantaged students need more funding and more services than their more privileged peers to create equitable distribution of opportunity, in Delaware, the educational funding system generally provides more support for more privileged children than it provides for impoverished children. As a result, “high poverty schools in both rural and urban areas are receiving fewer resources per student than schools with students who are better off.”

Delaware Vice Chancellor J. Travis Laster said in his 135-page opinion that the Delaware Constitution “obligates the State of Delaware to create and maintain a system of public schools that successfully educates Delaware’s students,” denying the state’s motion to dismiss the case.

According to Laster’s opinion, there is merit in the groups’ claims that unlike 35 other states, “Delaware provides no additional financial support for educating low-income students” despite a mandate in the Education Clause of its state constitution that Delaware establish and maintain a school system that educates the students it serves. As such, Laster held the issue justiciable and it will proceed.

The Delaware Court of Chancery is unique to the state, and has limited jurisdiction to hear all matters relating to equity, including dealing largely with corporate issues, as well as questions of title to real estate, among others.