DAVIS v. STATE

Nos. 25330, 25333.

804 N.W.2d 618 (2011)

2011 S.D. 51

Mark DAVIS and Bonnie Davis, as individuals and as parents and natural guardians of Charlie Davis, Carl Davis, Joey Davis, and Selena Davis; Kay Eben, as an individual and as parent and natural guardian of Grace Eben and Kendra Eben; Dan Grant and Jane Grant, as individuals and as parents and natural guardians of Dylan Bambas and Alexis Bambas; Debra Buchholz and Calvin Buchholz, as individuals and as parents and natural guardians of Hannah Buchholz and Jared Buchholz; Julia Orrock, as an individual and as parent and natural guardian of Lucius Orrock and Dominic Orrock; Julie Schenkel, as an individual and as parent and natural guardian of Nathan Schenkel and Noah Schenkel; Anita Bach and Todd Bach, as individuals and as parents and natural guardians of Taylor Bach, Tyra Bach, and Seth Bach; Mike Hintz and Julie Hintz, as individuals and as parents and natural guardians of Kaitlin Hintz and Hannah Hintz; Brad Nelson and Rita Nelson, as individuals and as parents and natural guardians of Chantel Nelson and Shaina Maresh; Shane McIntosh and Tamara McIntosh, as individuals and as parents and natural guardians of Landry McIntosh and Bennett McIntosh; Jim Akre and Kay Akre, as individuals and as parents and natural guardians of Taylor Akre; Dawn Bialas and Kurt Bialas, as individuals and as parents and natural guardians of Morgan Bialas, Connor Bialas, and Keelan Bialas; and Ron Schoenfelder and Renea Schoenfelder, as individuals and as parents and natural guardians of Taylor Schoenfelder, Sadie Schoenfelder, and Molly Schoenfelder, Plaintiffs and Appellants, v. The STATE of South Dakota; South Dakota Department of Education; South Dakota Board of Education; Honorable M. Michael Rounds, in his official capacity as the Governor of the State of South Dakota; Rick Melmer, in his official capacity as the Secretary of Education of the State of South Dakota; Vernon L. Larson, in his official capacity as the Treasurer of the State of South Dakota, Defendants and Appellees.

Supreme Court of South Dakota.

Decided August 31, 2011.


Attorney(s) appearing for the Case

Ronald A. Parsons Jr. , Scott A. Abdallah , Pamela R. Bollweg , Shannon R. Falon of Johnson, Heidepreim, & Abdallah LLP, Sioux Falls, South Dakota, Attorneys for plaintiffs and appellants.

Marty J. Jackley , Attorney General, Diane Best , Bobbi J. Rank , Assistant Attorneys General, Pierre, South Dakota, Attorneys for defendants and appellees.


MEIERHENRY, Retired Justice.

[¶ 1.] When our state founders laid the cornerstone for our state capitol building in 1908, the distinguished leader and Dakota Territorial Superintendent of Public Instruction, Gen. W.H.H. Beadle, addressed the crowd. He spoke of the importance of education to the future of the state:

The advance of every free state depends upon the broad intelligence of its citizens. Because we are a state, republican in form, education...

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