Defense rests after year of funding trial



AIKEN - Attorneys defending South Carolina's funding of public education against charges it discriminates against cash-strapped, rural schools rested their case earlier this week, setting the stage for closing arguments and rebuttals that could drag on until mid-November.

At stake is the ability of richer, urban school districts such as Aiken County's to raise property taxes to compensate for shrinking financial support from a state in the middle of a four-year budget crisis. The 40 districts that filed the suit, most of which are in rural areas, say this gives an unfair dollar advantage.

Though the state already has spent almost $4 million in legal expenses on a trial that started before a Clarendon County circuit judge in Manning, S.C., in August 2003, supporters of the rural schools that form the heart of the case don't expect quick resolution of what has been dubbed the Equity Lawsuit.

"Nothing about this has been quick," said Tom Truitt, the executive director of the Pee Dee Education Center in Florence, S.C., which represents 19 of the school districts in the lawsuit. "The suit was filed in 1993. ... I think it's unfair to the children of the state that it took so long to deal with it."

Even when the trial is over, the case might head to the South Carolina Supreme Court, which could even add a few more years to the process, said Dr. Truitt.

As the case drags toward closing arguments, a key Aiken County legislator says lawmakers again will consider proposals that would strip school districts of the power to rely on property taxes to augment classroom finances.

During the past legislative session, several bills were drafted that would have replaced property taxes with an increase in state sales taxes. Although none of the bills passed, the climate might be right for a similar bill to make it through this year, said State Rep. J. Roland Smith (R- Langley), who leads the public school subcommittee of the House Ways and Means Committee.

The Aiken County Taxpayers Association, founded after the 15-mill property tax increase by the Aiken County school board in 2003, supports efforts to do away with property taxes, said co-founder Frances Bell.

"I don't think the school board should have the authority to take care of taxes," said Mrs. Bell, who is running for the Aiken County school board District 1 seat. "It should be in the hands of state legislators."

But after four straight years of state budget cuts, the South Carolina General Assembly can't be counted on to be the sole source of public education money, said Ray Wilson, the director of the Western Piedmont Education Consortium. The group represents 10 small school districts, including Edgefield and McCormick counties, and opposes doing away with property taxes, Dr. Wilson said. None of the districts is a party to the Equity Lawsuit.

"This is one of the most important trials in the history of education in South Carolina because it provides an opportunity for us to get the General Assembly to face up to their promises to adequately fund education," he said.

Reach Karen Ethridge at (803) 648-1395, ext. 109, or karen.ethridge@augustachronicle.com.

Through next week, the Clarendon County circuit judge in Manning will hear rebuttals from both sides. After that will come closing arguments, which could last until mid-November.


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