Second School Funding Lawsuit Filed in Washington
Arguing that the state fails to fund a basic education
for its children as required by the state constitution,
a broad group of parents, organizations, coalitions,
and school districts in Washington State filed a school
funding adequacy lawsuit, McCleary
v. State, on January 11, 2007. 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.
The Washington State Constitution’s Education
Article states:
It is the paramount duty of the state to make ample
provision for the education of all children residing
within its borders.
Plaintiffs argue that the state’s current funding
system fails to meet this duty because it does not fund
the Basic Education Program defined in Washington statutes.
Cost-based, Dependable Funding
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.
Stephanie McCleary, the first named plaintiff and a
parent and employee in the Chimacum School District,
said, “Fluctuating funding levels from year to
year take a toll on all of us…. Families are forced
to make up the costs for basic programs, activities
and supplies. Our kids deserve better.”
The governor and attorney general have not yet commented
on the filing of the suit. However, Governor Gregoire’s
proposed budget for the upcoming year includes almost
$200 million in new funds for improving math and science
education, as well as almost $400 million in additional
spending for teacher salary increases and $140 million
for class-size reduction. While the plaintiffs “applaud”
the Governor’s leadership, they say that the state
is constitutionally required to have a “stable
and dependable long term funding system,” which
the state still lacks. Washington’s students can
no longer afford to wait for political action to remedy
the constitutional violations, plaintiffs say; “justice
delayed,” they proclaim, “is justice denied.”
McCleary is the second school funding lawsuit
now pending in Washington. In November, plaintiffs in
the Federal Way School District filed
a lawsuit challenging the state’s school funding
system as unconstitutional.
The Parties
Plaintiffs are the McCleary and Venema families and
the Network
for Excellence in Washington Schools (NEWS), a statewide
coalition that includes: the State PTA, the League of
Women Voters of Washington, the Urban League of Seattle,
the State Special Education Coalition, the Equitable
Opportunity Caucus, the Minority Executive Directors
Coalition, Protection and Advocacy System, the Washington
Education Association, and a dozen school districts
and the education associations in those districts. The
sole defendant is the State of Washington.
Prepared January 12, 2007
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