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April 10th, 2009
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Judge: Education is not a right

South Dakota students aren’t guaranteed a high-quality education, a circuit judge ruled April 8, in declaring that the way the state pays for education does not violate the state constitution, reports the Argus Leader. Circuit Judge Lori Wilbur’s decision follows a trial that saw six superintendents complain that a lack of money was hurting South Dakota’s students. An appeal to the state Supreme Court now is likely, according to the lawyer representing students and their families. The state’s funding system has room for improvement, Wilbur acknowledged, but she also ruled that education is not a fundamental right; the state need not prepare students for college or "meaningful employment"; and the testimony of the superintendents was unreliable. The lawsuit pitting many school districts against the state alleges that South Dakota has failed to devote enough money for education. A group of students and their parents sued the state in 2006 with the financial backing of most of the state’s 161 school districts. "I was appalled and angered by the finding … that superintendents, because of their position, were not credible witnesses," said Superintendent Mel Dutton of Faith, S.D., which holds classes in trailers because it doesn’t have the property tax base to build a school…

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