Abbeville v. The State of South Carolina, et al. of Women Voters.pdf · Abbeville v. The State of...

Abbevillev.The State of South Carolina, et al.

Abbeville v. The State of South Carolina, et al.

The purpose of providing a public education is to benefit not just the individual receiving it, but also the public at large.

The purpose of providing a public education is to benefit not just the individual receiving it, but also the public at large.

The South Carolina Constitution mandates:

“The General Assembly shall provide for the maintenance and support of a system of free public schools open to all children in the state.”S.C. Constitution Act XI, §3

“The General Assembly shall provide for the maintenance and support of a system of free public schools open to all children in the state.”S.C. Constitution Act XI, §3


We hold today that the South Carolina Constitution’s education clause requires the General Assembly to provide the opportunity for each child to receive a minimally adequate education. (emphasis added)

We hold today that the South Carolina Constitution’s education clause requires the General Assembly to provide the opportunity for each child to receive a minimally adequate education. (emphasis added)


We define this minimally adequate education required by our Constitution to include providing students adequate and safe facilities in which they have the opportunity to acquire:n the ability to read, write and speak the English

language, and knowledge of mathematics and physical science;

n a fundamental knowledge of economic, social, and political systems, and a history of governmental processes; and

n academic and vocational skills.

We define this minimally adequate education required by our Constitution to include providing students adequate and safe facilities in which they have the opportunity to acquire:n the ability to read, write and speak the English

language, and knowledge of mathematics and physical science;

n a fundamental knowledge of economic, social, and political systems, and a history of governmental processes; and

n academic and vocational skills.

Abbeville v.The State of South Carolina, et al.Abbeville provides a template:

“The provisions of the Constitution shall be . . . construed to be mandatory . . .” Second, “since the education clause uses the term ‘shall,’ it is mandatory.”

Abbeville provides a template:“The provisions of the Constitution shall be . . . construed to be mandatory . . .” Second, “since the education clause uses the term ‘shall,’ it is mandatory.”

Key Idea: The General Assembly must provide South Carolina’s children educational opportunities.

Do We Need A Lawsuit?

What Do The Test Results Show?

o Below basic percentages 2003 PACT scoreso Below basic percentages 2003 PACT scores

Allendale49% Math57% Eng.

Allendale49% Math57% Eng.

Dillon 238% Math42% Eng.

Dillon 238% Math42% Eng.

Florence 448% Math50% Eng.

Florence 448% Math50% Eng.

Hampton 259% Math54% Eng.

Hampton 259% Math54% Eng.

Jasper54% Math53% Eng.

Jasper54% Math53% Eng.

Lee51% Math51% Eng.

Lee51% Math51% Eng.

Marion 752% Math54% Eng.

Marion 752% Math54% Eng.

Orangeburg 344% Math44% Eng.

Orangeburg 344% Math44% Eng.

1404 D

Are Children Receiving the Opportunity for an Adequate Education?

o Drop out rates:o Drop out rates:

Allendale60%

AllendaleAllendale60%60%

Dillon 243%

Dillon 2Dillon 243%43%

Florence 466%

Florence 4Florence 466%66%

Hampton 254%

Hampton 2Hampton 254%54%

Jasper61%

JasperJasper61%61%

Lee67%LeeLee67%67%

Orangeburg 348%

Orangeburg 3Orangeburg 348%48%

Marion 344%

Marion 3Marion 344%44%

Marion 444%

Marion 4Marion 444%44%

Who Are The Plaintiffs?

H. Gregory Hawkins, H. Gregory Hawkins, Ph.DPh.D

The Plaintiffs are:

%Minority

48.1

88.4 94.3

72.486

98.783.3

95.586.8 89.9

0

20

40

60

80

100

120

State

Plainti

ffs

Allen

dale

Dillon 2

Floren

ce 4

Hampto

n 2Ja

sper Le

e

Marion

7

Orange

burg

3

State

Plaintiffs

Allendale

Dillon 2

Florence 4

Hampton 2

Jasper

Lee

Marion 7

Orangeburg 3

The Plaintiffs are:Free Reduced

55

86 90 85 88 8578

87 89 84

0102030405060708090

100

State

Plaintiffs

Allen

dale

Dillon 2

Floren

ce 4

Hampto

n 2Ja

sper Le

e

Marion

7

Orange

burg

3

State

Plaintiffs

Allendale

Dillon 2

Florence 4

Hampton 2

Jasper

Lee

Marion 7

Orangeburg 3

UNDERSTANDING “POOR” PERFORMANCE:PACT Scores and Poverty

Percentage of Students Classified "Minority"

120100806040200-20

Per

cent

age

of S

tude

nts

Pas

sing

PA

CT

120

100

80

60

40

20

0

UNDERSTANDING “POOR” PERFORMANCE:PACT Scores and Poverty

Percentage of Students Free/Reduced Lunchh Eligible (poverty)

120100806040200-20

Per

dent

age

of S

tude

nts

Pas

sing

PA

CT

120

100

80

60

40

20

0

Dr. Linda DarlingDr. Linda Darling--HammondHammond

Student Characteristics and Teacher Qualifications For Plaintiff & Non-Plaintiff Districts

88.8

61.6

0102030405060708090

100

Poverty Index

Plaintiff Non-Plaintiff

5007G


86.5

44.2

0102030405060708090

100

% Black Students


5007H


52.9

31.6

0

10

20

30

40

50

60

% Students Scoring Below Basic


5007I

Dr. Dr. LorinLorin AndersonAnderson

Teacher QualityTeacher Quality

Dr. Linda DarlingDr. Linda Darling--HammondHammond


38.6

47.2

0

10

20

30

40

50

% of Teachers with Advanced Degrees


5007J


69.2

81.4

50

60

70

80

90

100

% of Teachers on Continuing Contracts


5007K


4.4

2.6

0

1

2

3

4

5

% of Teachers with Out-of-Field Permits


5007L


13.4

5.1

0

5

10

15

% of Teachers with Substandard Certificates


5007M

Result to BusinessResult to Business

Don HerriottDon Herriott

PathwaysPathwaysSuccess for Success for EveryEvery Student in the 21Student in the 21stst Century WorkplaceCentury Workplace

1) While only 32 percent of our ninth graders will pursue a two-year degree or certification, the majority of jobs-65 percent- will require one;

2) Another 28 percent of our ninth graders will pursue a four-year degree, yet only 20 percent of jobs will require one; and

3) The final 40 percent of our ninth graders will pursue an “unskilled” job-because they either drop out of high school or simply lack the skills needed for employment-but only 15 percent of jobs available will be considered “unskilled.”

These figures reflect an enormous mismatch of education and workplace needs that our state simply cannot afford, a gap that is growing daily.

PathwaysPathwaysSuccess for Success for EveryEvery Student in the 21st Century Student in the 21st Century

WorkplaceWorkplace

Roche Carolina’s Hiring Efforts for 20 Job OpeningsRoche Carolina’s Hiring Efforts for 20 Job Openings

Applications Received1,474

High School Graduates1,200

Signed Up for Testing737

Showed Up for Testing549

Passed Test63

Interviewed44

Began Program18

Completed Program14

Some Say Let’s Some Say Let’s Wait and SeeWait and See

John SuberJohn Suber

Percentage of Schools Unsatisfactory and Below Average

State vs. Plaintiff Districts, 2003

PlaintiffDistricts75%

State17.4%

Percentage Schools in Plaintiff Districts Rated Unsatisfactory or

Below Average 2001 to 2003

Schools neverrated BA or USchools U or BAat least once

87% of schools in plaintiff districts rated U or BA at least once over three years

79% of schools in plaintiff districts ranked U or BA 3 years in a row

Percentage Schools in Plaintiff Districts Moving out of Unsatisfactory or Below

Average Ratings between 2001 and 2003

Schools RatedU or BA in2001 and stillin 2003

12.5% moved toAverage or above in 2003

What has happened What has happened historically?historically?

Walter Edgar, Ph.D.Walter Edgar, Ph.D.

Mayfield Report to the South Carolina House and Senate, 1897

The promises to the people to give them good schools should be redeemed, and to do so the State should at this session make provision for State aid sufficient to bring up all of the country schools to a standard sufficient to meet the requirements of the people.

The promises to the people to give them good schools should be redeemed, and to do so the State should at this session make provision for State aid sufficient to bring up all of the country schools to a standard sufficient to meet the requirements of the people.

Governor Ransome J. Williams, 1947The children of South Carolina are her most valuable investment and priceless resource. They are the very foundation of our future, and we can make no better investment than to see that the children of our State are kept healthy, and are properly educated to cope with the problems of tomorrow. I need not call to your attention the gravity and the immensity of the problem of education.

The children of South Carolina are her most valuable investment and priceless resource. They are the very foundation of our future, and we can make no better investment than to see that the children of our State are kept healthy, and are properly educated to cope with the problems of tomorrow. I need not call to your attention the gravity and the immensity of the problem of education.

Brown v. Board of Education347 U.S. 483 (1954)

Today, education is perhaps the most important function of state and local governments. . . . 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 principle instrument in awakening the child to cultural values, in preparing him for later professional training and helping him to adjust normally to his environment. In these days, it is doubtful that any child may reasonably be expected to succeed in life if he is denied the opportunity of an education.

Today, education is perhaps the most important function of state and local governments. . . . 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 principle instrument in awakening the child to cultural values, in preparing him for later professional training and helping him to adjust normally to his environment. In these days, it is doubtful that any child may reasonably be expected to succeed in life if he is denied the opportunity of an education.

Thomas Jefferson, 1786

No other sure foundation can be devised for the preservation of freedom and happiness... The tax which will be paid for this purpose is not more than the thousandth part of what will be paid to kings, priests and nobles who will rise up among us if we leave the people in ignorance.

No other sure foundation can be devised for the preservation of freedom and happiness... The tax which will be paid for this purpose is not more than the thousandth part of what will be paid to kings, priests and nobles who will rise up among us if we leave the people in ignorance.

Thomas Jefferson, 1816

If a nation expects to be ignorant and free, in a state of civilization, it expects what never was and never will be.

If a nation expects to be ignorant and free, in a state of civilization, it expects what never was and never will be.

The time has come for the dream of those The time has come for the dream of those courageous parents who signed the courageous parents who signed the petition in Briggs v. Elliot to be realized in petition in Briggs v. Elliot to be realized in South Carolina.South Carolina.

-- If not now, when?If not now, when?-- If not us, who?If not us, who?

The majesty of law, the glory of the The majesty of law, the glory of the Constitution requires us to do our duty Constitution requires us to do our duty here and now.here and now.

"Let justice roll down like waters and "Let justice roll down like waters and righteousness like an ever flowing stream."righteousness like an ever flowing stream."

Let South Carolina Realize Her Dream...Let South Carolina Realize Her Dream...

That No Child Be Cast AsideThat No Child Be Cast Aside

That No Child Be Left BehindThat No Child Be Left Behind

That All Her Children Be Provided That All Her Children Be Provided The The Opportunity to Reach Their God Opportunity to Reach Their God Given DestinyGiven Destiny

Let South Carolina Realize Her Dream.Let South Carolina Realize Her Dream.

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