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Historical Background
In 1974 the Supreme Court of Washington upheld the
state's system of funding and operating the public schools
in Northshore School District v. Kinnear, 550
P.2d 178. However, only four years later, in Seattle
School District No. 1 v. State, 585 P.2d 71, the
same court ruled the state's school finance system unconstitutional.
Relying on the language of the state constitution, the
court concluded that "the constitution has created
a ‘duty’ that is supreme, preeminent or
dominant." Specifically, the court determined that
it was the duty of the state to provide an adequate
education to "equip our children for their role
as citizens and as potential competitors in today's
market as well as in the marketplace of ideas."
To accomplish this goal, the court required "sufficient
funds" from "dependable and regular tax sources."
In 1977, the legislature, responding to the lower
court's decision in Seattle School District,
passed the Basic Education Act, under which the state
assumed the responsibility for fully funding basic education
and substantially increased state funding.
A subsequent suit in the early 1980's, known as Seattle
II, led a trial court to conclude that the legislature
had underfinanced basic education in violation of the
state constitution. The court broadened the definition
of "basic education" to include special education,
bilingual, and remedial programs. The state did not
appeal the decision and the legislature revised the
Basic Education Act to include these programs.
Recent News
Federal Way
On November 20, 2006, the Federal Way
School District and a number of individual plaintiffs
in the district asked
a State Superior Court to declare Washington State’s
school funding system unconstitutional under the
state constitution, in Federal
Way School District v. State of Washington.
Alleging that the funding system is “arbitrary
and irrational” and that it “fails to amply
fund education in all school districts, including the
Federal Way School District,” the complaint describes
funding disparities that it claims are “not based
on any geographic, demographic, student population,
cost of living or other educationally relevant factor.”
On November 2, 2007, Judge Michael Heavey
held in favor of plaintiffs, finding that the State’s
method of providing salary funding was unconstitutional.
Judge Heavey found that schools received funding for
salaries “based upon a discredited and unconstitutionally
funded system of 30 years ago,” before concluding
that “[t]here is no rational reason to continue
this.” Disparities in State funding for salaries
were as great as $1,866 per teacher, $5,000 per classified
staff member, and $26,402 per administrator, according
to the Seattle Post-Intelligencer.
The Federal Way decision follows
a legislative session in which an additional $1 billion
in education funding was approved, including $48 million
intended to address the disparities in salary funding.
McCleary
On January 11, 2007, a broad group of
parents, organizations, coalitions, and school districts
filed an adequacy lawsuit, McCleary v. State,
arguing that the state fails to fund a basic education
for its children. Plaintiffs claim that the state’s
school funding system prevents Washington schools from
providing what is needed for learning, including reasonable
class sizes, adequate personnel, facilities and technology,
and programs such as music, art, and extracurricular
activities. Because resources, personnel and programs
are missing, the complaint asserts, many Washington
students drop out of school and are not prepared to
fulfill their responsibilities as citizens in a democracy
and to compete in the global economy. Plaintiffs argue
that the state’s current funding system is unconstitutional
because it does not fund the Basic Education Program
defined in Washington statutes.
Plaintiffs are asking the court to rule
that the state must “determine how much it will
actually cost to deliver the Constitutionally required
basic education to every child” and then fully
fund that cost “with stable, dependable, and regular
funding sources.” Plaintiffs also seek a declaratory
judgment from the King County Superior Court that the
state’s school funding system is unconstitutional.
On August 24, 2007, the court denied plaintiffs’
motion for summary judgment. The case will likely proceed
to trial in the summer of 2008.
Useful Resources:
Diane W. Cipollone, Defining
a "Basic Education": Equity and Adequacy Litigation
in the State of Washington (Campaign for Fiscal
Equity, Inc., December 1998)
Last updated March 2008
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