FOR IMMEDIATE RELEASE:

July 2, 2010
Contact: Brian Aust, Director of Communications
Associated School Boards of South Dakota
Phone: 605.773.8382 | Cell: 605.295.1492 | Email: baust@asbsd.org

ASBSD files “friend of court” brief in school funding case

PIERRE, SD – Associated School Boards of South Dakota has filed an amicus brief with the South Dakota
Supreme Court in the case of Davis v. State, the state school board association announced today.

ASBSD’s “friend of the court” brief asks the Supreme Court to consider a range of issues that the association
claims were overlooked or improperly interpreted in an April 2009 circuit court ruling that said the state’s school
funding system is constitutionally adequate.

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

The ASBSD amicus brief emphasizes that the South Dakota Constitution clearly entitles all students to a quality
education. The brief also contends that the trial court’s ruling overlooked the rights of underserved students who
need non-traditional educational programs and services.

ASBSD Executive Director Wayne Lueders says the association felt compelled to speak out on behalf of
struggling students that need personal interventions and unique programs that school districts can’t afford.

“There’s no question that our public school systems do a great job with limited resources,” he said. “But, our state
needs 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.”

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

Lueders thinks the request is reasonable, justifiable and critical to the future of South Dakota’s public education
system.

“Our state can’t continue to ask public schools to do more with less,” he said. “We’ve hit a point where our public
schools can’t 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 appropriate
additional money for K-12 education. Given that early decision, the focus of the lawsuit is limited to an
interpretation of the South Dakota Constitution.

“This case is about constitutional principles,” Lueders acknowledged. “Our Constitution makes an impressive
commitment to the state’s 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 the
circuit court’s decision motivated the association to file the brief.
“It’s important to recognize that this case impacts every current and future public school student in the state,” he
said. “As strong believers in the promise of public education, we want the Supreme Court to hear the same basic
messages we’ve 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 that
offered 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 by
empowering local school board leaders and to advocate for a thriving education system.

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Note: ASBSD’s amicus brief can be downloaded from ASBSD’s web site at the following link:
http://www.asbsd.org/page201.aspx and selecting the file from “RELATED DOWNLOADS” on the right side of the
page.

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