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MAURICIO v. DAUGAARD

27931 27936.

895 N.W.2d 358 (2017)

2017 S.D. 22

Amber MAURICIO and Shelli Grinager, Plaintiffs and Appellants, v. Dennis DAUGAARD, in his official capacity as the Governor of the State of South Dakota, and The State of South Dakota, and Dr. Melody Schopp, in her official capacity as the Secretary of the South Dakota Department of Education, and Richard Sattgast, in his official capacity as South Dakota State Treasurer, and South Dakota Department of Education, and South Dakota Board of Education, and Office of the State Treasurer of South Dakota, Defendants and Appellees.

Supreme Court of South Dakota.

OPINION FILED May 3, 2017.

Attorney(s) appearing for the Case

KATE OLIVERI of Thomas More Law Center, Ann Arbor, Michigan and ROBERT J. ROHL of Johnson Eiesland Law Offices, PC, Rapid City, South Dakota, Attorneys for plaintiffs and appellants.

MARTY J. JACKLEY , Attorney General, RICHARD M. WILLIAMS , Deputy Attorney General, Pierre, South Dakota, HOLLY FARRIS , Special Assistant Attorney General, Department of Education, Pierre, South Dakota, Attorneys for defendants and appellees.

[¶ 1.] Amber Mauricio and Shelli Grinager filed a complaint seeking declaratory and injunctive relief. They asked the circuit court to declare that an educational consortium, the Smarter Balanced Assessment Consortium, to which the State is a member, is in violation of the United States Constitution and thus illegal and void...

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