South Dakota Schools, Students, and Parents Seek “Adequate and Quality Education” in State Court Action

On June 22, 2006, a coalition of 59 South Dakota school districts, and students and parents in those districts, filed a lawsuit against the state, claiming that the state's education finance system fails to provide sufficient resources for the state’s students to obtain “an education that will equip them to function in society as responsible citizens who can find productive employment,” as required by the South Dakota Constitution. In response, some state legislators agreed that a funding increase is needed, but regretted the filing of the suit, the Argus Leader reported. The Governor and Secretary of Education had no immediate comment.

Plaintiffs’ Complaint

Relying on language in their state constitution and a history behind that language that acknowledged the importance of public education to the preservation of democracy, plaintiffs claim that “the right to a free, adequate and quality public education is a fundamental right under the South Dakota Constitution.” Plaintiffs also contend that the school funding system bears “no relationship to the actual costs of providing an adequate education” or to the state’s own “academic achievement and performance standards” and that it must do so in order to be constitutionally sound. A cost study is attached to the complaint, filed in the Hughes County Circuit Court.

Drawing contrasts with the state’s earlier history of support for public education, the complaint recounts “draconian” cuts in recent years that have caused increased class sizes, classes combined across grades, and school closings. Moreover, plaintiffs allege that under-funding has “wreaked havoc” on the capacity of schools to provide South Dakota children “an adequate and quality education.”

Relief Sought

The Complaint in South Dakota Schools Coalition v. State, seeks a declaratory judgment from the court and “enforcement of [plaintiffs’] constitutional rights.” Plaintiffs ask the court to declare education a fundamental right in South Dakota and declare that:

- the constitution guarantees a free, adequate and quality public education
- the constitutional standard for an adequate and quality education is to prepare student to meet state standards, become capable civic participants and employees, and qualify for higher education
- funding must be based on actual costs, and
- the current finance system violates plaintiffs’ constitutional rights.

Plaintiffs are represented by Scott Abdallah, of Johnson, Heidepriem. Defendants are expected to be represented by the State Attorney General.

Prepared by Molly A. Hunter, June 26, 2006