State Supreme Court might rule soon on school funding lawsuit

State Supreme Court might rule soon on school funding lawsuit

OLYMPIA — With all the legal arguments filed, it’s only a matter of time before the state Supreme Court weighs in on the merit of lawmakers’ efforts to adequately fund Washington’s public school system.

And it may not be a long wait.

Last August, just two weeks after attorneys for the state and plaintiffs in the McCleary case filed briefs on the state’s progress, justices slapped lawmakers with a $100,000-a-day fine for their failure to deliver what the court had demanded for two years — a plan for getting the job done.

This year, lawmakers passed a law they say provides the court with its requested blueprint. Their lawyers are now asking justices to end the fine and erase their contempt order against the state.

Those who sued contend the plan isn’t really a plan and want tougher sanctions imposed, even suggesting justices consider steps to prevent schools from opening this fall or next year.

Rep. Lillian Ortiz-Self, D-Mukilteo, expects to hear something soon.

“They are very familiar with this case,” she said “I would imagine it wouldn’t take any longer than it took them last time.”

Thomas Ahearne, attorney for the families, school groups and teacher unions who brought the suit, said the court’s swiftness in 2015 surprised him.

“If they (justices) go that fast this time, it’s because they’ve already made up their minds,” he said.

If they are contemplating ratcheting up the sanctions, he said he would expect them to hold a hearing.

“I don’t think the court wants to be accused of not giving everyone a chance to have their say,” he said.

The state is in contempt of court for failing to produce a plan for ensuring that schools are amply funded by the court-imposed deadline of 2018.

What lawmakers passed earlier this year established a bipartisan, bicameral task force to recommend how to solve the remaining challenge of ending school districts’ use of property tax levies to pay teacher salaries. Instead, the state needs to cover the entire portion of teacher earnings associated with basic education. It is estimated this could add up to as much as $3.5 billion in the next budget.

One of the issues for justices is whether deploying this task force is enough of a commitment by lawmakers to warrant easing off on the sanctions.

“The Legislature has not sat on its hands. Although the remaining steps are big, the Legislature has been progressing along the path toward compliance,” Assistant Attorney General Dave Stolier wrote in his June 17 brief.

He also highlighted what has been done ahead of the 2018 deadline, such as putting in enough money to provide for all-day kindergarten and smaller classes in lower grades as well as to pay for classroom materials.

“Because there is no legitimate basis for continuing the order of contempt and the imposition of a sanction, there most certainly is no basis for imposing a heightened sanction,” he concluded.

Ahearne, in his legal brief, said the Legislature did nothing but delay action for another year.

“Another problem with continually kicking the can down the road is you eventually run out of road. Which is where the state is now,” he wrote. In order to fully pay for basic education by the 2017-2018 school year, the Legislature needed to phase in new sources of revenue this year, Ahearne wrote.

In a separate brief, Superintendent of Public Instruction Randy Dorn also criticized the lack of tangible progress. He suggested justices consider a range of penalties, from fining individual lawmakers to barring the start of school.

Ortiz-Self, who is vice-chairwoman of the House Education Committee, said she’d welcome the court maintaining a firm stance.

“I’m totally okay with them continuing to apply pressure,” she said. “We need to get this done. The more pressure we get from the Supreme Court, the more people will stay at the table.”

But there are Republican and Democratic lawmakers who think the court has exceeded its authority. They are unfazed by the contempt order and mounting fine. Justices wanted money to pay the fine set aside in a separate account but lawmakers didn’t take that step.

“I think the court has so overstepped their bounds,” said Rep. Matt Manweller, R-Ellensburg. “It is not their place to do some of the things they are doing.”

And he took extra umbrage at some of the new sanctions suggested by Dorn and those behind the McCleary lawsuit.

“We are working in good faith to help students and they’re asking them to shut schools down,” Manweller said. “I do not see how we serve children by shutting the schools down.”

Jerry Cornfield: 360-352-8623; jcornfield@heraldnet.com.

Twitter: @dospueblos

Talk to us

> Give us your news tips.

> Send us a letter to the editor.

> More Herald contact information.

More in Home

Starbucks employee Zach Gabelein outside of the Mill Creek location where he works on Friday, Feb. 23, 2024 in Mill Creek, Washington. (Olivia Vanni / The Herald)
Mill Creek Starbucks votes 21-1 to form union

“We obviously are kind of on the high of that win,” store bargaining delegate Zach Gabelein said.

Kelli Littlejohn, who was 11 when her older sister Melissa Lee was murdered, speaks to a group of investigators and deputies to thank them for bringing closure to her family after over 30 years on Thursday, March 28, 2024, at Snohomish County Superior Court in Everett, Washington. (Ryan Berry / The Herald)
‘She can rest in peace’: Jury convicts Bothell man in 1993 killing

Even after police arrested Alan Dean in 2020, it was unclear if he would stand trial. He was convicted Thursday in the murder of Melissa Lee, 15.

The view of Mountain Loop Mine out the window of a second floor classroom at Fairmount Elementary on Wednesday, Jan. 10, 2024 in Everett, Washington. (Olivia Vanni / The Herald)
County: Everett mining yard violated order to halt work next to school

At least 10 reports accused OMA Construction of violating a stop-work order next to Fairmount Elementary. A judge will hear the case.

The rezoned property, seen here from the Hillside Vista luxury development, is surrounded on two sides by modern neighborhoods Monday, March 25, 2024, in Lake Stevens, Washington. (Ryan Berry / The Herald)
Despite petition, Lake Stevens OKs rezone for new 96-home development

The change faced resistance from some residents, who worried about the effects of more density in the neighborhood.

Ariel Garcia, 4, was last seen Wednesday morning in an apartment in the 4800 block of Vesper Dr. (Photo provided by Everett Police)
Search underway to find missing Everett child, 4

Ariel Garcia was last seen Wednesday morning at an apartment in the 4800 block of Vesper Drive.

Lynnwood police respond to a collision on highway 99 at 176 street SW. (Photo provided by Lynnwood Police)
Southbound lanes on Highway 99 reopen after crash

The crash, on Highway 99 at 176th Street SW, blocked traffic for over an hour. Traffic was diverted to 168th Street SW.

Imagine Children's Museum's incoming CEO, Elizabeth "Elee" Wood. (Photo provided by Imagine Children's Museum)
Imagine Children’s Museum in Everett to welcome new CEO

Nancy Johnson, who has led Imagine Children’s Museum in Everett for 25 years, will retire in June.

Rep. Suzan DelBene, left, introduces Xichitl Torres Small, center, Undersecretary for Rural Development with the U.S. Department of Agriculture during a talk at Thomas Family Farms on Monday, April 3, 2023, in Snohomish, Washington. (Olivia Vanni / The Herald)
Under new federal program, Washingtonians can file taxes for free

At a press conference Wednesday, U.S. Rep. Suzan DelBene called the Direct File program safe, easy and secure.

Former Snohomish County sheriff’s deputy Jeremie Zeller appears in court for sentencing on multiple counts of misdemeanor theft Wednesday, March 27, 2024, at Snohomish County Superior Court in Everett, Washington. (Ryan Berry / The Herald)
Ex-sheriff’s deputy sentenced to 1 week of jail time for hardware theft

Jeremie Zeller, 47, stole merchandise from Home Depot in south Everett, where he worked overtime as a security guard.

Silvertips players celebrate during a game between the Everett Silvertips and Tri-City Americans at the Angel of the Winds Arena on Sunday, Jan. 21, 2024. The Silvertips won, 5-3. (Annie Barker / The Herald)
Silvertips land No. 1 pick, chance to draft generational talent

Landon DuPont is the consensus top pick in next WHL prospects draft. Everett chief operating officer Zoran Rajcic said the team intends to select him.

Everett
11 months later, Lake Stevens man charged in fatal Casino Road shooting

Malik Fulson is accused of shooting Joseph Haderlie to death in the parking lot at the Crystal Springs Apartments last April.

Mountlake Terrace’s Jaxon Dubiel talks with head coach Nalin Sood during the 3A boys state basketball game against Todd Beamer on Wednesday, Feb. 28, 2024 in Tacoma, Washington. (Olivia Vanni / The Herald)
‘It was just time’: Mountlake Terrace basketball coach Sood steps down

Nalin Sood guided his alma mater to 381 wins and 15 state berths in 24 seasons as head coach. He spent over four decades with the program.

Support local journalism

If you value local news, make a gift now to support the trusted journalism you get in The Daily Herald. Donations processed in this system are not tax deductible.