In a decision with probable ramifications for the upcoming legislative session in Olympia, today the Washington State Supreme Court, in a 7-2 decision, handed down a finding that states, “The State has not complied with its article IX, section 1 duty to make ample provision for the education of all children in Washington.”
The finding stems from a 2007 case filed in King County Superior Court by Mathew and Stephanie McCleary, and Robert and Patty Venema, on their own behalf and on behalf of their children, students in Washington's public schools; and the Network for Excellence in Washington Schools ("NEWS"), a coalition of school districts, unions, and community organizations challenging the state’s adherence to its constitutional mandate to adequately fund basic education. Judge, John Erlick ruled in the group’s favor in 2010; however the state appealed that decision, sending the case to the State Supreme Court. The Supreme Court heard arguments June and deliberated for months before releasing their decision this morning.
From the decision:
We therefore summarize the central portions of our decision:
- The judiciary has the primary responsibility for interpreting article IX, section 1 to give it meaning and legal effect.
- The legislature has the responsibility to augment the broad educational concepts under article IX, section 1 by providing the specific details of the constitutionally required "education."
- Article IX, section 1 confers on children in Washington a positive constitutional right to an amply funded education.
- The word "education" under article IX, section 1 means the basic knowledge and skills needed to compete in today's economy and meaningfully participate in this state's democracy.
- The current substantive content of the requisite knowledge and skills for "education" comes from three sources: the broad educational concepts outlined in Seattle School District, the four learning goals in Engrossed Substitute House Bill (ESHB) 1209, 53d Leg., Reg. Sess. (Wash. 1993), and the State's essential academic learning requirements (EALRs).
- The "education" required under article IX, section 1 consists of the opportunity to obtain the knowledge and skills described in Seattle School District, ESHB 1209, and the EALRs. It does not reflect a right to a guaranteed educational outcome.
- The program of basic education is not etched in constitutional stone. The legislature has an obligation to review the basic education program as the needs of students and the demands of society evolve.
- The word "ample" in article IX, section 1 provides a broad constitutional guideline meaning fully, sufficient, and considerably more than just adequate.
- Ample funding for basic education must be accomplished by means of dependable and regular tax sources.
- The State has not complied with its article IX, section 1 duty to make ample provision for the education of all children in Washington.
- The legislature recently enacted a promising reform package under ESHB 2261, 61st Leg., Reg. Sess. (Wash. 2009), which if fully funded, will remedy deficiencies in the K-12 funding system.
- This court defers to the legislature's chosen means of discharging its article IX, section 1 duty but retains jurisdiction over the case to help facilitate progress in the State's plan to fully implement the reforms by 2018.
The finding was signed by Justices Debra L. Stephens, Charles W. Johnson, Tom Chambers, Susan Owens, Mary E. Fairhurst, Charles K. Wiggins, and Gerry L. Alexander (Justice Pro Tem.) As noted in the summary, while the court has deemed the state inadequate in funding basic education, it does not impose any remedy other than following through on its own reform package under ESHB 2261 passed in 2009. The court suggests that, if fully funded, those reforms will remedy the K-12 funding system. The court will maintain jurisdiction over the situation and monitor the legislature’s progress to ensure the reforms are in place by 2018.
What this will mean for the impending 60 day legislative session is yet to be known. House Speaker Frank Chopp (D - 43rd LD) said the priority this legislative session will be to maintain current funding for basic education while Senate Majority Leader, Lisa Brown (D - 3rd LD) cautioned that there are valuable education programs outside of the basics that may still be in danger of losing state dollars.
I have been reaching out to political leaders and educators in Snohomish County for comment since this story broke earlier in the day. I will follow up with those comments as they become available.
Peace
Chad Shue
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