PIERRE - A circuit judge in Pierre has ruled that Gov. Mike Rounds does not have to testify as part of a lawsuit that some school districts have filed against the state over funding levels.

Judge Lori Wilbur says the districts did not demonstrate that the testimony was absolutely necessary. She says the plaintiffs can get the information from other sources.

The schools wanted to get Rounds' testimony in a deposition.

The Attorney General's Office argued that Rounds did not need to testify because other people could provide the same information. Rick Melmer, the state Education secretary, and Jason Dilges, state budget director, likely will be questioned.

Long had filed a motion that said the plaintiffs must show that a deposition from the governor is necessary and that the testimony would otherwise be unavailable from a lower ranking person.

A lawyer for the plaintiffs had said Long's motion reversed what he considered a prior understanding between his office and Rounds that the governor would testify.

The lawsuit alleges the state's education funding system violates the South Dakota Constitution because the state doesn't provide enough money for school districts. It's based on a study done for school districts that found annual funding for K-12 education is falling short of needs by $134 million to $406 million a year.