The delegation of powers by the Legislature in carrying out school laws has always been a function of that body. In 1929 Justice Walker, in the case of Richardson v. Liberty Independent School District, stated that all powers possessed by school districts have been delegated by the Legislature. The same is true in respect to the powers possessed by the State Board of Education and the county boards of education. All these divisions have been created by law and all their powers delegated by the Legislature.By this study the writer will try to show what trend the Legislature has taken …
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The delegation of powers by the Legislature in carrying out school laws has always been a function of that body. In 1929 Justice Walker, in the case of Richardson v. Liberty Independent School District, stated that all powers possessed by school districts have been delegated by the Legislature. The same is true in respect to the powers possessed by the State Board of Education and the county boards of education. All these divisions have been created by law and all their powers delegated by the Legislature.By this study the writer will try to show what trend the Legislature has taken in the delegation of powers concerning,schools. In this study the solution of the following questions will be sought: 1. Is there a tendency toward more delegation of power to the state level of administration? 2. Is there a tendency in the Legislature to give more power to county and local units in the school system? 3. Is the Legislature inclining toward exercising more power on its own initiative? By the study of laws passed by the Legislature delegating powers and retaining powers, these problems can be answered and a definite trend shown.
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