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Class Action Filed Against State of South Dakota Over Inadequate Education Funding

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Case ID: 4814 | Family | 05/24/2006

The South Dakota Coalition of Schools, an advocate group for public education, filed a lawsuit that would challenge the state's constitution on education funding. The main concern is if the schools are adequately funded. The state's constitution mandates the legislature to "adequately" fund public education. However, dozens of school districts believe lawmakers are failing to fund the schools, so the districts filed the lawsuit in hopes of taking them to court in hopes of getting more money.

The results of an adequacy study that came out this year found that South Dakota schools are under funded by as much as $133 million annually. A total of 56 school districts are financially supporting the lawsuit, which is nearly 1/3 of the total districts in the state who claim they need more money to provide a better education. 13 more districts have voiced support of the lawsuit, and may vote to later join the lawsuit.

Dozens of small school districts in South Dakota have to fight to stay open. Most of the districts are lacking money to run the schools.

"This case is brought by school children in the state of South Dakota and the parents as guardians," says an attorney for the coalition. The lawyer states "the plaintiffs claim that the state of South Dakota has breached its constitutional obligation to prove a fair and adequately funded education."

Several states have brought similar cases forward and got more money for education. They include Kansas, Montana, Wyoming, a pending case in Nebraska, and North Dakota.

Critics state the lawsuit could backfire, and lawmakers would cut off communication about funding education. The coalition says they have attempted to bring legislation to fund education but the problem has not been resolved.

School districts supporting the lawsuit include the districts of: Alcester-Hudson, Andes Central, Arlington, Armour, Big Stone, Bon Homme, Burke, Canistota, Centerville, Clark, Colman-Egan, Colome, Corsica, DeSmet, Deubrook, Doland, Elkton, Estelline, Ethan, Florence, Frederick Area, Freeman, Gayville-Volin, Grant-Deuel, Groton, Hamlin, Harding County, Hanson, Henry, Hurley, Irene, Iroquois, Kimball, Lake Preston, Leola, Madison, Marion, Miller, Montrose, Mt. Vernon, Parkston, Plankinton, Rosholt, Sanborn Central, South Shore, Stickney, Viborg, Wakonda, Waubay, Waverly, Webster, Wessington Springs, White Lake, Wilmot, Woonsocket.

Each school district will provide either $3,500, $4,500, or $7,500, to the lawsuit depending on the size of school district.

The lawsuit is open to any parent of a child in the South Dakota public school system.


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