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SOUTH CAROLINA

 

Abbeville County Sch. Dist. v. State of South Carolina, 335 S.C. 58, 515 S.E.2d 535 (S.C. 1999).

Forty school districts, their students and their taxpayers brought this action against the state and various government officials, seeking a declaratory judgment that the state’s system of school funding violated the state constitution's education clause, the state and federal constitutions' equal protection clauses, and the state Education Finance Act. The Supreme Court held that plaintiffs had failed to state a cognizable equal protection claim and that the state statute did not create a private cause of action for violation of its provisions, but also ruled that plaintiffs had stated a claim under the state constitution's education clause, and remanded the case for further proceedings.  The trial on remand is ongoing.

 

Richland County v. Campbell, 294 S.C. 346, 364 S.E.2d 470 (S.C. 1988).

The Supreme Court of South Carolina affirmed the dismissal of this case, holding that the state’s system of school finance, which involved shared responsibility for funding between the state and local school districts and took the wealth of various school districts into account, did not violate the state constitutional requirement that the legislature provide for maintenance and support of system of free public schools or deprive plaintiffs of their rights to equal protection.