Dakota Voice

By Gordon Garnos

AT ISSUE: Can a group of K-12 schools sue the state of South Dakota over inadequate funding? That question has been bobbing around for a long time, first as threats, then by the organization of about 70 school boards from across the state. Until recently there was a lot of question whether such a lawsuit could even be heard by the judiciary in South Dakota. Circuit Judge Lori Wilbur of Pierre recently announced the case can now proceed and the first volley was fired at what could be a series of preliminary hearings before the trial now scheduled to start in June 2008.

THE STAGE IS SET for a lawsuit that challenges South Dakota government's funding for K-12 public schools. Circuit Judge Lori Wilbur of Pierre has ruled the case against the state can proceed. Judge Wilbur may not be well known across the state as she doesn¹t have a lot of longevity on the bench, but those who know her agree she is definitely one of the outstanding jurists today in South Dakota.

The case is much more complicated than it appears as there are several constitutional questions that need to be resolved before the final trial is heard, now set by Judge Wilbur for June 2008. The recent hearing was the first of a predicted number of preliminary hearings to be heard before the trial date.

During the recent hearing the lawyers for the schools offered several standards, or motions, for measuring the adequacy of the funding. To her credit, Judge Wilbur refused to agree to most of those standards.

ACCORDING TO Bob Mercer, Pierre correspondent for several South Dakota daily newspapers, "Judge Wilbur also said she won't issue any orders or take other actions as part of the proceedings that would force the Legislature to provide more money for schools if she indeed finds students aren¹t receiving an adequate education."

This may be contrary to what these schools wanted to hear, but there are some very important constitutional issues regarding the separation of powers between the various branches of government, etc. In other words, the Legislature determines how much money it is going to spend for K-12 funding. It can't be the executive branch of government nor can it be the judicial branch determining what money can be spent. That is the Legislature's responsibility. The Governor can always veto an appropriation bill that can be overridden if the Legislature so deems. However, it is the judicial that must decide if any legislation is constitutional.

We suspect whatever comes out of that June 2008 trial, that ruling will be forwarded to the state's Supreme Court to be tested by by one side or the other.

FOR THE JUDGE TO try and force a legislative appropriation would be against that separation of powers. The schools' attorneys argued that the "constitution is being violated in this case." In other words, their argument is that the children's rights are being violated because not enough money is spent on their education. The violation was so argued because of a constitutional provision guaranteeing all children access to a free, adequate and quality public education.

While the Legislature allotted more money to school districts than ever before, the 70 school board members of the South Dakota Coalition of Schools say that according to a study done last year for school districts it falls far short of what is needed by more than $100 million.

The judge is being asked "to rule that the constitutional standard for an adequate and quality education is that it prepares students to meet state academic standards and achievement requirements; function as voters, jury members and participants in a democratic society; find meaningful employment and compete effectively in the economy; and qualify for higher education."

THE BOTTOM LINE, according to the schools, is the Legislature simply isn't providing enough money for the districts to give their students an adequate and quality education. Sounds simple enough, but by the time the June 2008 trial concludes, South Dakota will know there is nothing simple to legislative funding for our kids.....

Gordon Garnos was long-time editor of the Watertown Public Opinion and recently retired after 39 years with that newspaper. Garnos, a lifelong resident of South Dakota except for his military service in the U.S. Air Force, was born and raised in Presho.