Superintendents to appeal ruling in education-funding case

COLUMBIA — Superintendents from 36 poor, rural districts that sued the Legislature to challenge the way the state pays for education agreed Thursday to appeal a judge's ruling against them to the state's high court.

The unanimous decision by the school chiefs reaffirms a notice of appeal lawyers for the districts, which include Berkeley County, filed in August, which could have been revoked. The state's lawyer, Bobby Stepp, has filed a notice to cross-appeal other parts of the ruling that went against the state.

"Our districts, our children, believe the state is not providing constitutionally adequate funding," said Steve Morrison, an attorney for the districts.

Morrison said he hopes the appeal galvanizes support for state Education Superintendent Jim Rex's efforts to revamp the system used to pay for education. Rex, elected last November, has appointed two study committees on education funding that are expected to make recommendations before lawmakers return in January.

Rex, a Democrat who must work with a Republican-controlled Legislature, said he understands the appeal. Time will tell whether it makes a difference in legislative support, he said. "To not appeal might have sent the wrong message they were satisfied," he said. "But I hope this is not used for yet another reason for procrastination. It should be another call for action, to move forward."

Arguments before the high court could start as early as May — 17 years after the districts first sued the state in a case initially thrown out. But in 1999, the state Supreme Court ruled the constitution says the state must provide each child access to a "minimally adequate education."

After more than 100 days of testimony, Circuit Judge Thomas Cooper ruled in December 2005 that South Carolina's poor children need more early childhood education because the state doesn't do enough to help children overcome the effects of poverty to start school ready to learn.

But he also ruled buildings, teacher pay and classroom supplies were adequate. In July, he refused both sides' requests he revise his decision. Cooper's ruling did not address the needs of poor students from third grade through graduation, Morrison said.

The school chiefs think the Legislature has yet to comply to the judge's orders regarding early intervention. A pilot program approved last year to expand 4-year-old kindergarten is not enough, they said.