BACKGROUND

COLUMBIA - A lawsuit that claims the state isn't giving some of its poorest students a decent education returns to court today, 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 Super-
intendent 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 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 he thinks is repetitive, Morrison 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 v. 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.