Adequacy Lawsuit
In 2006, the South Dakota Alliance for Education released the results of a research-based review of South Dakota's school finance formula. The report, titled Estimating the Cost of an Adequate Education in South Dakota (January 2006), concluded that South Dakota's school districts needed between $133 and $400 million to meet the demands of the state's K-12 accountability system.
Following the release of South Dakota's adequacy study, the South Dakota Coalition of Schools, with support from school districts and a group of parents, filed litigation alleging that South Dakota's school finance system is unconstitutional. The adequacy challenge has spawned two different constitutional challenges, both of which are detailed further in the sections that follow.
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Download "A Timeline of South Dakota's Adequacy Litigation" (word)
Davis v. State
In Davis v. State, a group of parents, with support of several school districts, challenged that the state does not provide districts with enough financial resources to provide an adequate education to the students of South Dakota.
Currently, Davis v. State is pending appeal to the South Dakota Supreme Court. The 300-plus page circuit court decision, outline below, raises a number of concerns and may have lasting implications on the state's education policy.
In February 2010, ASBSD filed an amicus brief with the South Dakota Supreme Court regarding the pending appeal of Davis v. State. The "friend of the court" brief allows ASBSD to advance arguments about the case that we believe are important to all South Dakota public schools.
- Download ASBSD's Amicus Brief for Davis v. State ( brief | press release )
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Download the "Davis v. State" issue brief (word)
Olson V. Guindon
Following a circuit court's decision to hear Davis v. State, Gov. Mike Rounds ordered an audit of the South Dakota Coalition of Schools and its member districts, asserting that school districts acted illegally in contributing funds to the Coalition. The governor's executive order carried with it consequences for the state's school board members, who, under South Dakota Codified Law, can be held financially liable for unlawful expenditure of school district funds.
To determine the validity of the claims made by the state, a group of school board members initiated a separate legal action to determine whether the state's school districts acted illegally in contributing to the Coalition. The litigation is referred to Olson v. Guindon.
The South Dakota Supreme Court ruled in favor of school board members in Olson v. Guindon, overturning the circuit court judge ruling and asserting that school districts do have standing to contribute money to help pay the expenses related to Davis. v. State. The Supreme Court decision also contained a number of points that are considered considerable victories for public school advocates.
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Download the "Olson v. Guindon" issue brief (word)