House Speaker Bobby Harrell and Senate leader Glenn McConnell say that an appeal from the state would be very unlikely in the December ruling of an education-equity lawsuit unless the school districts that sued decide to proceed further.

After 12 years of litigation between the state and its poorest school districts in the Abbeville County School District vs. The State of South Carolina case, Judge Thomas W. Cooper Jr. ruled on Dec. 29 that the state does not provide a minimally adequate education because it does not adequately fund early childhood education.

"I am inclined not to have the Senate appeal the decision," McConnell, a Charleston Republican, said Friday. "However, I am reserving all the options. I don't want to close the door on it."

Harrell, also a Charleston Republican, echoed the stance on behalf of the House.

"We do not plan on filing an appeal, but if the plaintiffs do, we will be forced to file one," Harrell said through a spokesman.

Both sides have until Jan. 29 to file an appeal, but the school districts might be able to buy more time as they consider whether further court action would be in their best interest.

"There are parts of the order that we disagree with, and parts we agree with," said Laura Hart, a partner with Nelson Mullins Riley & Scarborough, which represented the eight rural school districts named in the suit.

Hart said her clients will probably file a motion for reconsideration today that will ask the judge to correct a technical error in terminology.

Once Cooper rules on the motion, it starts the clock for another 30 days to appeal the lawsuit, Hart said. That way her clients can consider all their options.

She will also be looking to determine how broad to make the motion, which could take issue with the heart of the ruling. Hart said her clients were disappointed that the ruling did not find that school facilities are not safe or that the process for finding high quality teachers is flawed.

"Clearly, the order was not what we had hoped for, but the judge made a major finding," she said. "He said the state has failed poor children in poor districts."

Gov. Mark Sanford has said the state should not proceed with litigation and, instead, focus on improving education.

"It is encouraging if the governor means we need to get on with the business of educating children," Hart said. "Nothing is stopping the Legislature from moving forward. They could have the last 12 years, but they didn't."

Rep. Dan Cooper, a Republican from the Piedmont who is the lead budget writer for the House, said he is also "inclined not to appeal."

As the lawmakers return to session Tuesday in the wake of the Abbeville ruling, they will consider funding a $50 million to $100 million request by State Superintendent of Education Inez Tenenbaum to provide full-day kindergarten to all at-risk 4-year-olds in the state.

Rep. Cooper said the lawmakers "need to proceed with caution and not just throw money" into early-childhood education. Instead, he said, they need to consider the research and the best approach toward providing it. The state has a $188 million budget surplus it must decide how to spend, although most of it is being considered for an accounting adjustment.

Senate Finance Committee Chairman Hugh Leatherman (R-Florence) said it is best to use the surplus toward a one-time expense. Early-childhood education and more pre-kindergarten slots would be a yearly obligation.

Contact Yvonne M. Wenger at 745-5891 or ywenger@ postandcourier.com.