ABBEVILLE COUNTY SCHOOL DIST. v. STATE

No. 27466.

410 S.C. 619 (2014)

767 S.E.2d 157

ABBEVILLE COUNTY SCHOOL DISTRICT, et al., Appellants-Respondents, v. The STATE of South Carolina, et al., of whom Hugh K. Leatherman, Sr., as President Pro Tempore of the Senate and as a representative of the South Carolina Senate and James H. Lucas, as Speaker Pro Tempore of the House of Representatives and as a representative of the South Carolina House of Representatives are, Respondents-Appellants, and The State of South Carolina, Nikki R. Haley, as Governor of the State of South Carolina, are, Respondents.

Supreme Court of South Carolina.

Decided November 12, 2014.

Rehearing Denied January 23, 2015.


Attorney(s) appearing for the Case

Carl B. Epps, III , Stephen G. Morrison , and Elizabeth Scott Moise , and Rachel Atkin Hedley , all of Nelson Mullins Riley & Scarborough, LLP, of Columbia, and Laura Callaway Hart , of Duff, White, & Turner, LLC, of Columbia, for Appellants-Respondents.

Robert E. Stepp , Elizabeth Van Doren Gray , and Roland M. Franklin, Jr. , all of Sowell Gray Stepp & Lafitte, LLC, of Columbia, for Respondents-Appellants. Attorney General Alan Wilson , Deputy Solicitor General J. Emory Smith, Jr. , and Swati Shah Patel , all of Columbia, for Respondent.

Kenneth L. Childs , William F. Halligan and Keith R. Powell , all of Childs & Halligan, of Columbia, for Amicus Curiae, South Carolina Association of School Administrators and South Carolina School Boards Association.

W. Allen Nickles, III and Susan M. Fittipaldi , both of Nickles Law Firm, of Columbia, for Amicus Curiae, The South Carolina Education Association.

Amanda G. Adler and Sue Berkowitz , both of Columbia, of South Carolina Appleseed Legal Justice Center, for Amicus Curiae, The South Carolina Appleseed Legal Justice Center.

Matthew T. Richardson , of Wyche, Burgess, Freeman & Parham, P.A., of Columbia, and Ellen M. Boylan , of Education Law Center, of Newark, New Jersey, for Amicus Curiae, The League of Women Voters of South Carolina and the South Carolina State Conference of the National Association for the Advancement of Colored People.

Stephen K. Benjamin and Tina N. Herbert , of McAngus, Goudelock & Courie, of Columbia, for Amicus Curiae, South Carolina Association of School Administrators and South Carolina School Boards Association.

Edward W. Laney, IV and R. Hawthorne Barrett , both of Turner Padget Graham & Laney, P.A., of Columbia, for Amicus Curiae, South Carolina Association of School Nurses.


Today, education is perhaps the most important function of state and local governments. Compulsory school attendance laws and the great expenditures for education both demonstrate our recognition of the importance of education to our democratic society. It is required in the performance of our most basic public responsibilities, even service in the armed forces. It is the very foundation of good citizenship. Today it is a principal instrument in awakening the child to cultural...

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