Litigation Update: Trial Proceeding in South Carolina,
Oral Arguments in Massachusetts, Montana and Kansas
SOUTH CAROLINA
The state has rested in Abbeville
School District v. South Carolina, a case that
has been returned to the circuit court for trial after
the state supreme court denied the state's motion to
dismiss in 1999. Plaintiffs, eight school districts
that charged the state with failing to adequately fund
their schools, are now attempting to show that the constitutionally
required "minimally adequate education" does
not exist for students in poor, rural districts. Defense
witnesses have argued that South Carolina's educational
deficiencies do not stem from inadequate funding, while
witnesses for the plaintiffs include school administrators
who argue that they simply do not have enough money
to remedy the deficiencies in services currently available
to students. As reported in the Charleston
Post and Courier, the case, which has been held
in 98 days over 14 months, is temporarily on hold as
Circuit Judge Thomas W. Cooper, Jr. schedules rebuttal
testimony from plaintiffs.
The case also ignited a small furor in South Carolina
recently when it was revealed that the state had spent
more than $10 million on legal fees in their attempt
to defend school funding at its current level.
MASSACHUSETTS
The Massachusetts Supreme Judicial Court heard oral
arguments in Hancock
v. Driscoll on October 4th, and their ruling
is now expected in early 2005. Their decision will be
based on arguments from the state's attorneys and from
the plaintiffs, a coalition called the Council
for Fair School Finance. In a bow to the significance
of the case, the court allowed oral arguments of 30
minutes from each side, twice what they ordinarily schedule.
In addition to the oral arguments, the supreme judicial
court will be considering 45 friend-of-the-court briefs
filed by organizations and individuals in support of
the Council for Fair School Finance, as well as the
fact-finder recommendations issued by superior court
Judge Margot Botsford. As reported in the Boston
Herald, Judge Botsford heard both sides of the
case over a 78-day trial and issued a report recommending
preschool, reduced class sizes, improved facilities,
and reformed bilingual and special education services.
The plaintiffs are asking the court to adopt Judge Botsford's
recommendation; the defendants argue that the state
has already "flooded" its school system with
funds after the supreme judicial court decision in 1993
that led to the Education Reform Act.
As the state awaits the ruling, lawmakers have begun
discussing plans to revamp the state's system of funding
schools, though lawmakers are divided over the issue.
MONTANA
The Montana Supreme Court has scheduled oral arguments
in the Columbia
Falls v. State case for October 20th, after
the state appealed a plaintiff victory in district court
and the plaintiffs requested that the supreme court
expedite the case. This request was made to encourage
the court to issue a decision prior to the opening of
the state legislative session in January 2005. District
court Judge Jeffrey M. Sherlock ruled in April that
the state's funding system is unconstitutional, and
ordered the state to develop an adequate funding system
by October of 2005.
In contrast with Massachusetts, Montana legislators
have put off discussion of a revised system for funding
schools, deferring any debate until after the supreme
court has issued its decision. Lawmakers considered
the possibility of contracting an adequacy cost study,
but ultimately decided against it. Plaintiffs had such
a study conducted prior to the trial and are asking
the court to order a cost-based funding system.
KANSAS
The Kansas Supreme Court heard oral arguments in the
Montoy
v. State case on August 30, 2004. The arguments
were broadcast live on the web and on Kansas public
television. The supreme court is hearing the lawsuit
after the state appealed a plaintiff victory in the
state's trial court; Montoy v. State reached the lower
court after it was remanded for trial by the supreme
court. Eleven organizations filed friend-of-the-court
briefs; a decision is expected sometime before the start
of the next legislative session, on January 15, 2005.
OTHER STATES
Litigations in many other states are proceeding. Discovery
is ongoing in Nebraska, Louisiana, Missouri, and Kentucky;
appeals are proceeding in Arizona and Idaho; and parties
are preparing for trial later this year in Iowa. Several
other states have active litigation and attorneys in
at least three more states are considering filing adequacy
suits.
Prepared by Nelly Ward, October 14, 2004
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