Judge holds Legislature to the promise of education funding reform

A King County Superior Court judge today ruled the state does not provide ample funding for basic education then directed the Legislature to establish the cost of providing all Washington children with a basic education and establish how it will fully fund such education with stable and dependable state sources.

A King County Superior Court judge today ruled the state does not provide ample funding for basic education then directed the Legislature to establish the cost of providing all Washington children with a basic education and establish how it will fully fund such education with stable and dependable state sources.

In his oral ruling this morning in McCleary v. State, also known as the “Basic Education case,” King County Superior Court Judge John Erlick also indicated the state’s 2009 education funding measure (HB 2261) could be a means to satisfy his direction. The court e-mailed the entire 73-page ruling to counsel immediately following the hearing.

“Judge Erlick rightly recognizes in his ruling the Legislature’s authority to set education funding policy,” said Attorney General Rob McKenna. “The Legislature took positive steps with its 2009 education funding reform efforts, and we understand the decision to suggest those reforms could be the basis for progress in this case.

“My legal team will review the specifics of this complex decision with our state clients to determine appropriate next steps,” McKenna said.

Federal Way Rep. Skip Priest, the House Republican leader on education issues, added:

“Judge Erlick made a compelling and thoughtful case that confirms what many of us already knew – it is time for the governor and Legislature to quit talking and take action,” Priest said. “The ruling against the state is a signal that reaffirms education is the ‘paramount duty’ of the state as outlined in Article IX of Washington State’s Constitution. Over the past 30 years, the Legislature has continually taken the air out of the balloon when it comes to education funding, and now the bill has come due.

“I believe ‘all means all’ when it comes to educating our children. For the past four to five years, Rep. Pat Sullivan and I, along with other colleagues in the House, have worked to base our education policies on commonsense, research and the Constitution,” Priest said. “Today’s ruling is a good reminder it is past-time for the Legislature to put these principles into action.”

The case brought by a coalition of Washington teachers, school districts, community groups and parents in January 2007 alleged Washington had not fulfilled its constitutional obligation to fully fund basic education and relied too heavily on local levy funding assistance.

The deadline for appeal will be 30 days after the entry of the judgment.