8/9/2019 Asbsd Files Friend of Court Brief in School Funding Case

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FOR IMMEDIATE RELEASE:July 2, 2010Contact: Brian Aust, Director of CommunicationsAssociated School Boards of South DakotaPhone: 605.773.8382 | Cell: 605.295.1492 | Email:baust@asbsd.org

ASBSD f i les f r iend o f c our t b r ie f in schoo l fund ing casePIERRE, SD Associated School Boards of South Dakota has filed an amicus brief with the South DakotaSupreme Court in the case of Davis v. State, the state school board association announced today.

ASBSDs friend of the court brief asks the Supreme Court to consider a range of issues that the associationclaims were overlooked or improperly interpreted in an April 2009 circuit court ruling that said the states school

funding system is constitutionally adequate.

In its decision, the circuit court determined the South Dakota Constitution does not guarantee all students anequal opportunity to learn basic educational concepts required to be taught in South Dakota public schools.Based on that finding, the court concluded the states finance system is adequate because most students performwell on various achievement tests.

The ASBSD amicus brief emphasizes that the South Dakota Constitution clearly entitles all students to a qualityeducation. The brief also contends that the trial courts ruling overlooked the rights of underserved students whoneed non-traditional educational programs and services.

ASBSD Executive Director Wayne Lueders says the association felt compelled to speak out on behalf ofstruggling students that need personal interventions and unique programs that school districts cant afford.

Theres no question that our public school systems do a great job with limited resources, he said. But, our stateneeds to have a serious discussion about the programs and staffing necessary to address the fact that, statewide,one-forth of our students are not proficient in the basic subjects of math and reading.

ASBSDs amicus brief points out that the state adopted high expectations for students without any considerationof whether school districts have the resources necessary to teach all students effectively. As a remedy, the briefasks the Supreme Court to declare that school funding decisions must be based on the costs of meeting staterequirements.

Lueders thinks the request is reasonable, justifiable and critical to the future of South Dakotas public educationsystem.

Our state cant continue to ask public schools to do more with less, he said. Weve hit a point where our publicschools cant afford to comply with ever-increasing state requirements.

A judge announced prior to the trial court hearing that the court will not force the Legislature to appropriateadditional money for K-12 education. Given that early decision, the focus of the lawsuit is limited to aninterpretation of the South Dakota Constitution.

This case is about constitutional principles, Lueders acknowledged. Our Constitution makes an impressivecommitment to the states children, and this case is about living up to those commitments.

ASBSD is not a party to the lawsuit and has not contributed financially to help defray the plaintiffs legal costs,though many local school boards have decided to support the effort. According to Lueders, the gravity of thecircuit courts decision motivated the association to file the brief.

mailto:baust@asbsd.orgmailto:baust@asbsd.orgmailto:baust@asbsd.orgmailto:baust@asbsd.org

8/9/2019 Asbsd Files Friend of Court Brief in School Funding Case

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Its important to recognize that this case impacts every current and future public school student in the state, hesaid. As strong believers in the promise of public education, we want the Supreme Court to hear the same basicmessages weve communicated to lawmakers the past several years.

To research and write the brief, ASBSD partnered with Education Law Center, a New Jersey-based non-profit thatoffered free legal services, and the Tieszen Law Office, a Pierre-based firm specializing in education law.

ASBSD is a private, non-profit education organization representing more than 850 local school board members,the 154 schools they govern and the students they serve. Its mission is to advance public education byempowering local school board leaders and to advocate for a thriving education system.

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Note: ASBSDs amicus brief can be downloaded from ASBSDs web site at the following link:http://www.asbsd.org/page201.aspxand selecting the file from RELATED DOWNLOADS on the right side of thepage.

Note: An amicus brief, more formally known as an amicus curiae brief, literally means friend of the court. Such abrief may be filed by a person or organization with a strong interest regarding the subject matter involved in thelitigation. To file an amicus brief, permission must be granted by the South Dakota Supreme Court.

http://www.asbsd.org/page201.aspxhttp://www.asbsd.org/page201.aspxhttp://www.asbsd.org/page201.aspx