A judge who two years ago ruled the state should
provide more early childhood education after a lawsuit by the state's
most rural and poor school districts has denied motions by the schools
and the Legislature to change his ruling.
Lawyers for the state wanted retired Circuit Judge Thomas
Cooper to alter his ruling that dealt with early childhood education,
while lawyers for the school districts wanted Cooper to decide that
facilities and teacher pay need to be improved by the state in those
districts.
"Many aspects of the system cry out for improvement," Cooper said in his 30-page ruling.
"Plaintiffs have pointed out those areas throughout the history
of this case. The need for improvement in these areas, however, does
not rise to the level of a constitutional violation, except for the
areas of early childhood education pointed out in the order of Dec. 29,
2005."
Bobby Stepp, a Columbia lawyer representing the state, said
his side was satisfied with Cooper's ruling Thursday and would not
appeal.
"We are disappointed he did not change his mind about the
pre-(kindergarten) program, but we respect his decision, we accept his
order," he said.
Carl Epps, a Columbia lawyer representing the school
districts, said he had not discussed the ruling yet with his clients
and did not know whether they would appeal.
Epps said the order provides "reassurance" to the districts
that the state had failed to maintain its constitutional obligations
and the state needs to move beyond a 4-year-old kindergarten program.
"That point seems to have escaped the General Assembly," he said. "I question whether they read the Dec. 29, 2005 order."
He said he was "deeply disappointed" Cooper reaffirmed his
order concerning improvements to school facilities, instructional
materials and teachers.
"It's back in the General Assembly's lap," Epps said. "I would hope they would ultimately look out for the children."
Full text available at the Greenville News
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