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High Court Says Schools Can Finance Funding Case

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Published: July 23, 2009, 9:36 AM
Updated: July 23, 2009, 11:15 AM

The South Dakota Supreme Court says school districts can finance a lawsuit challenging the state's system for funding education.

The high court's ruling overturns a decision by Circuit Judge Lori Wilbur of Pierre, who said school districts have no legal standing to sue the state in a challenge of the constitutionality of the school funding system.

The Supreme Court says the South Dakota Constitution creates the school districts, so they have standing to challenge the funding system and finance the lawsuit. About 100 districts helped pay for the lawsuit.

In the main case, the circuit judge recently ruled the funding system is constitutional.

Read the full Supreme Court opinion [PDF]




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