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.

[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.