School Funding Adequacy and Equity Lawsuit Filed in Washington State

On November 20, 2006, the Federal Way School District and an array 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.”

As reported in The Columbian, Sally D. McLean, Federal Way's chief financial officer said, “The inequities have been discussed, studied and researched on multiple occasions with no changes. We feel [the lawsuit is] morally and ethically the right thing to do for the students of Federal Way." According to The Columbian, the district – which is the seventh largest in the state – has had to make severe budget cuts: the district no longer has elementary school band or orchestra programs; outdoor education has been eliminated; class size is growing; a majority of the district's librarian positions have been eliminated; and sports participation fees are the highest in the state.

Constitutional Requirements

Plaintiffs rely on the Washington State Constitution’s education article, which states:

It is the paramount duty of the state to make ample provision for the education of all children residing within its border, without distinction or preference on account of race, color, caste, or sex. Article IX, section 1.

This clause gives the state’s children the right to an amply funded education, as determined by the Washington Supreme Court in Seattle School District v. State (1978).

Plaintiffs also allege violation of Article IX, section 2, which provides for a general and uniform system of public schools, and Article I, section 12, because the funding system “privileges a minority of school districts by giving them substantially more funding.” Moreover, plaintiffs allege due process violations under provisions of the state and federal constitutions.

Finally, plaintiffs allege violation of equal protection under federal law (42 U.S.C. §1983) and the fourteenth amendment to the U.S. Constitution, because “the state lacks any legitimate purpose for” its disparate funding scheme.

Plaintiffs and Defendants

In addition to the school district itself, plaintiffs include: several members of the district’s Board of Directors; a principal; teachers; a paraeducator; and an official of the PTSA Council. Several of the plaintiffs are also parents of district schoolchildren.

Named defendants include the State of Washington and, in their official capacities, the Governor, the State Superintendent of Public Instruction, the President of the Senate and the Speaker of the House.

Prepared by Molly A. Hunter, November 28, 2006