Lawsuit filed by School Leaders Against Governor Sanford
May 22, 2009
The South Carolina Association of School Administrators (SCASA), acting on behalf of its members and in the best interests of the school districts of our state, today filed a Petition in the Original Jurisdiction of the State Supreme Court, requesting that the Supreme Court order Governor Mark Sanford to comply with the State budget by applying for funds to be distributed to school districts, universities, and various State agencies under the American Recovery and Reinvestment Act of 2009 (ARRA). Since the deadline for the State’s federal application is July 1, 2009, it is imperative to move quickly to compel the Governor to obey State law.
The Governor’s continued failure to act will lead directly to the termination of teachers, larger class-sizes, and an overall weakening of the schools’ ability to provide an educational program that meets the high academic performance standards of State law.
SCASA joined State Superintendent Jim Rex as a party because the Governor’s failure to comply with State law impairs Dr. Rex’s ability to perform his official duties to manage all public school funds provided by the state and federal governments, and because the General Assembly has directed him to take all necessary measures and to assist the Governor in obtaining the ARRA funds for South Carolina. SCASA also has asked the State Supreme Court to declare that the State Constitution and State law authorize the State Superintendent of Education, independently and without regard to the Governor’s action, to submit a proper application to the federal government. Dr. Rex has done everything required to obtain ARRA funds, but the lawsuit and his participation as a party is necessary to ensure appropriate and complete legal relief.
SCASA President John Tindal, Superintendent in Clarendon 2 states, Our organization deeply regrets that we have to go to these drastic measures to receive funding that our students and citizens deserve. We know that Jim Rex wants to deliver these funds to school districts but cannot due to the Governor’s refusal to request the money.
Molly Spearman, Executive Director of SCASA and former member of the legislature, stated, It is hard to believe that our governor would go to such lengths to deny these funds that will go to other states to educate their children and the people of South Carolina will still have to pay it back.
The firm of Childs and Halligan is representing SCASA.
