COLUMBIA, S.C. - A lawsuit that claims the
state isn't giving some of its poorest students a decent education
returns to court Monday, and school district lawyers expect a
witness list chock-full of high-profile state officials to attract
more interest to the case.
The case, which has so far featured mostly tedious testimony from
school district officials and educational experts, turns political
with the beginning of 2004 - in time for the legislative session
that starts eight days later.
"The political side of the case will receive courtroom time in
the spring of this year," said Steve Morrison, an attorney
representing school districts suing the state. "Whenever famous
people testify in a court case involving public policy it usually
does draw more attention."
Sen. John Land, D-Manning, is expected to testify Monday. Others
testifying in the upcoming months include State Superintendent of
Education Inez Tenenbaum, state Rep. Gilda Cobb-Hunter,
D-Orangeburg, and Jo Anne Anderson, executive director of the
Education Oversight Committee, Morrison said.
Attorney Robert Stepp would not discuss who the state might call
as witnesses, but Morrison said the list of possible witnesses
includes House Speaker David Wilkins, R-Greenville, Rep. Bobby
Harrell, R-Charleston, and Gov. Mark Sanford.
School district attorneys say they are hoping the trial in
Manning will keep education funding in the spotlight and on
lawmakers' minds. "The courtroom solution is only part of the answer
to the total issue of adequate funding for our schools," Morrison
said.
Three dozen school districts concentrated mostly in the Pee Dee
region have sued the state. The districts claim the state's funding
formula - a mix of local property taxes and state and federal
dollars - does not provide enough money to meet their basic needs
while schools with larger tax bases have an easier time.
If a judge were to find in favor of the districts, legislators
could be faced with having to come up with a new way to fund
education.
Attorneys for the state argue the current funding formula gives
children a chance to earn a minimally adequate education.
"The evidence the plaintiffs have presented is that South
Carolina could be doing better in education," Stepp said. "And I
don't necessarily argue with that. But whether we could do better is
not the same thing as saying that there's not an opportunity for at
least a minimally adequate education."
The state has pumped millions of dollars into schools to fund
education reforms meant to boost student performance. But critics
say recent budget cuts have forced them to cut staff and programs
and limited their ability to meet higher standards.
So far in the case, school district attorneys have presented
mounds of evidence highlighting the low test scores of large numbers
of students in impoverished districts, the disrepair of some of the
school buildings children learn in and the difficulty undereducated
children have in acquiring good jobs.
School district attorneys say they've covered about half their
case. The case focuses on eight school districts and officials from
four of those districts - Marion 7, Dillon 2, Allendale and Hampton
2 - have testified. Now attorneys must make a case for each of the
remaining four districts, Orangeburg 3, Jasper, Florence 4 and
Lee.
Judge Thomas Cooper has indicated that he could speed things
along by telling school district attorneys to leave out testimony
that he believes is repetitive, Morrison said. "If we can finish
faster, we will," he said.
The trial has plodded along for seven weeks since September, and
Morrison says his side needs at least another six weeks to wrap up
its case. Stepp expects the case to last another 10 to 12 weeks.
With several breaks in between, the case might wrap up by
midspring, in time for the May anniversary of the 1954 landmark
Supreme Court decision Brown vs. Board of Education. Some have
compared the Manning case to the historic case that desegregated the
nation's schools.
The longer the case lasts, the higher the costs are for the
state. A team of lawyers from the Nelson Mullins Riley and
Scarborough firm is handling the school districts' case for
free.
Legislators already have borrowed an additional $1 million from
the Budget and Control Board to cover the cost of the case. House
Speaker David Wilkins said he hopes the money will pay all future
expenses of the case.
"This case has lasted much longer and been much more expensive
than I think anyone anticipated," Wilkins said. "I think everyone
involved in it would like to see brought to some finality in '04. So
hopefully the case would be finished and a decision can be rendered
and we can move
on."