Judge Declares School Districts Lack Authority to Finance School Funding Litigation

Press Release

Judge Declares School Districts Lack Authority to Finance School Funding Litigation

On August 20th, 2008, Hughes County Circuit Court Judge Lori Wilbur held that individual school districts lack standing to sue the state of South Dakota seeking a declaration that the state's system of funding public education is unconstitutional. The court also held that school districts may not use taxpayer dollars to finance such a lawsuit.

The court's written decision was entered in Brad Olson, et al. vs. Guindon, et al., Hughes Co., Civ. 07‑209. Board members of several school districts brought a declaratory judgment action against the Governor, Attorney General and State Auditor General seeking a declaration that the school districts' financing of the school funding litigation was legal. The South Dakota Coalition of Schools intervened on the side of the school board members.

A copy of the opinion can be accessed through the Attorney General's website at http://www.state.sd.us/attorney/office/publications/pdf/schoolfunding.pdf or by contacting the Attorney General's Office at 605-773-3215.

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