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WASHINGTON SUPREME COURT FINES STATE FOR NOT FAIRLY FUNDING ITS SCHOOLS
Olympia, Washington -- In a unanimous
ruling issued August 13, 2015, the Washington Supreme Court ordered the
State to pay $100,000 per day into an education fund because it has failed
a plan as to how it will fully fund basic K-12 education by 2018,
the legislature itself adopted."
The State has failed to fulfill its constitutional duty to fund
its public schools, set by the Washington Constitution, which states:
It is the paramount duty of the state to make ample provision
for the education of all children residing within its borders,
without distinction or preference on account of race, color,
caste, or sex. The legislature shall provide for a general and
system of public schools. Article IX, §§ 1, 2.
While the Court commended the legislature for making "significant
progress in some key areas" in the recently adopted 2015-17 budget,
it also noted areas in which "there is far to go." Moreover, the
Court reiterated both its "obligation to enforce the commands of
the Washington Constitution," and its statements "that it will
not dictate the details of how the State [decides] to achieve full
funding of basic education."
The Court's ruling concludes, "Given the gravity of the State's
ongoing violation of its constitutional obligation ... the time
has come for the court to impose sanctions."
As reported by The
Seattle Times, the governor and legislative leaders plan
to meet on Monday to renew their efforts to address their school
As reported by the
Associated Press, Thomas Ahearne, lead counsel for the plaintiffs,
said that "the state has known for many, many years that it's
violating the constitutional rights of our public school kids.
And the state has been told by the court in rulings in this case
to fix it, and the state has just been dillydallying along."
David Sciarra, executive director of the national Education Law
Center, said, "There's no other state court ruling in this area
in a case involving inadequate school funding that has done this.
This is really a court that is obviously frustrated and fed up
with ongoing noncompliance with its orders and with the state's
constitution, over quite a long period."
All 50 state constitutions require their state to establish and
fund education for its children. These provisions are in the constitutions
because education is so fundamental to preservation of democracy
and a republican form of government.
Yet, too many states across the country are failing
to provide fair funding for the essential resources necessary
to offer genuine learning opportunities to their students. In
some of those states, including Washington, plaintiffs have traveled
the long journey through the courts to prove shocking resource
deficits and harm to schoolchildren.
After court rulings ordering states to bring their funding systems
into compliance with their state constitutions, some states enact
thorough and effective remedies. But a few legislatures and governors
resist, in Kansas and Arizona, for example.
In 2007, plaintiffs filed McCleary v. State,
arguing that although the State has developed standards for a constitutional "basic
education," it is not funding that education.
In 2010, after a trial on the merits, the Superior Court held
that the state funding system was unconstitutional because it neither
determined the cost of nor provided the resources needed for a
basic education for all children in the state, as the constitution
In 2012, the Washington Supreme Court affirmed the Superior Court
ruling, and the legislature enacted what the Court described as "a
promising reform package." Notably, the high court retained jurisdiction
and required annual reports from the legislature as to its progress
toward implementation of its own "promising reform package" goal
of full funding by fiscal year 2018.
In 2014, after the legislature failed to comply with court orders
to demonstrate sufficient annual progress, the Court held the legislature
in contempt. The Court refrained from imposing any sanction
at that time, but instead ordered the state to submit a complete
plan after the 2015 legislative session.
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