A judge has refused to dismiss a lawsuit against North Dakota's education finance system, ruling that a group of schools should have a chance to prove their claims that it is inadequate and unconstitutional.

Nine school districts, including Williston, where the lawsuit is filed, argue North Dakota's Legislature has not provided enough state money for local schools to meet the state constitution's education quality standards. The lawsuit contends the state aid that is provided is distributed unfairly among schools.

In a two-page order, Northwest District Judge David Nelson denied a state motion for summary judgment, which would have dismissed the lawsuit without a trial.

The trial is scheduled to begin Feb. 27. Nelson listened to dismissal arguments during a Nov. 23 hearing in Williston.

Shane Peterson, a Williston attorney for the schools, said Thursday the ruling was not surprising.

"From our point of view, there were just a lot of factual disputes that have yet to be resolved," Peterson said. "In a lot of instances, that provides the basis for the denial of a motion for summary judgment."

In the dismissal request, Douglas Bahr, an assistant attorney general, argued the schools' lawsuit sought judicial involvement in education aid policy decisions that should be left to the Legislature.

When the constitution was written, school finance was considered a local responsibility, Bahr wrote.