South
Dakota
In 1994, after the trial of an "equity" case,
"Bezdicheck v. State," CIV 91-209,
brought by school districts against the state, a South
Dakota Circuit Court declared the state’s education
finance system constitutional, despite acknowledged
funding disparities. The court held that the state constitution
requires school districts to provide an "adequate
education" but does not require equal per-pupil
spending, as plaintiffs had argued. Plaintiffs did not
appeal.
Recent Events
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.
Plaintiffs in South Dakota Coalition of Schools
v. State argue that a “free, adequate and
quality education” is a fundamental right under
the state constitution. Plaintiffs also contend that
the present education finance 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 commissioned by the coalition reported
that the state’s schools are under-funded by $133
to $400 million.
In May 2007, the state attorney general requested an
audit of the coalition districts. He argued that school
districts did not have standing to sue the State over
the constitutionality of school funding, and that school
district funds could not be used to support such litigation.
Scott Abdallah, plaintiffs’ attorney, wrote to
the state’s auditor general, arguing that the
A.G. had requested an audit “of an alleged violation
of a law that does not exist, involving contributions
that are expressly authorized by statute.”
In September 2007, the case’s name changed to
Davis v. State of South Dakota.
The trial in Davis v. State of South Dakota began
on September 2, 2008. Final submissions were due in
mid-December.
In April 2009, Circuit Court Judge Wilbur found that
the South Dakota constitution entitles students to a
“thorough and efficient” education that
“provides the opportunity to prepare students
for life after school in today’s modern society
or to prepare students to be responsible and intelligent
citizens and to be competitive in areas beyond secondary
education.” Nevertheless, she ruled in an extensive
312 page decision that the resources, curriculum, and
facilities currently provided to students are constitutionally
sufficient; she issued a judgment in favor of defendants
on all counts. Plaintiffs anticipate an appeal to the
state Supreme Court.
In August, only a week or so before the trial, Judge
Wilbur had ruled that the school district plaintiffs
were precluded from contributing money to cover legal
fees in the case.
In July 2009, the South Dakota Supreme Court ruled
that school districts have standing to bring a constitutional
challenge against the state’s system for funding
public education and that they may expend public moneys
to pay attorneys fees and other expenses in regard to
such litigation. This unanimous decision in Olson
v. Guindon reversed the contrary holding of
the trial court.
Last updated: December 2009
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