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Thursday, August 21, 2008

Schools Can't Sue, Part 2...

I'm still thinking about Judge Wilbur's ruling that schools don't have legal standing to sue the state. Perusing state law, I find SDCL 13-15-1:

School district contracts with state agencies and subdivisions authorized. A school district is hereby authorized to enter into contracts and agreements with the state, its agencies and institutions and any political subdivisions for educational purposes and services.

So school districts are sufficiently distinct from the Legislature that they can enter into legal agreements with the state. Does Judge Wilbur's ruling mean that schools have no legal recourse if the state fails to carry out the obligations of those agreements?

3 comments:

  1. Does any part of the state constitution form a legal contract between the legislature and the school districts? If so, then in my (nonlearned) opinion, the school districts have the right to sue the state legislature for breach of contract.

    But isn't the question here, and the one Judge Wilbur has ruled on, about where the funding for such a lawsuit can legally come from? She hasn't denied the legality or even the merit of the suit itself, has she?

    ReplyDelete
  2. I researched this again, and it looks like Judge Wilbur has in fact ruled that the suit is illegal. I can't claim to know more about the law than she does.

    One of my mentors from long ago told me, "Stay away from courts and lawyers." Alas, he kept teaching himself his own lesson over and over.

    ReplyDelete
  3. can the pentagon sue the federal government for more funding?

    ReplyDelete

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