From Early Childhood Focus

Judge lets early education ruling stand

Posted in: South Carolina

By Sheila Holland
July 17, 2007

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