Lawmakers to court: We’ve complied with school-funding order

OLYMPIA — A bipartisan group of lawmakers approved a report Thursday telling the state Supreme Court how the state will assure it is providing ample funding to public schools by a 2018 deadline.

There was no debate before the Democratic and Republican lawmakers adopted the 48-page report, most of which highlighted actions taken in the marathon 2017 session to ensure the state complies with mandates of the McCleary school fund lawsuit.

During that session, which ended last week, most legislators expressed confidence they had done enough to convince justices to lift a contempt order and end sanctions exceeding $70 million in fines. That continued to be a refrain voiced Thursday.

“The state will have a pretty strong case,” said Sen. David Frockt, D-Seattle, one of eight legislators on the special panel that adopted the report. “The question is whether it’s enough.”

Thomas Ahearne, attorney for the parents and educators who filed the McCleary lawsuit, said it’s not.

A cursory review makes it “absolutely, positively clear” the state will not be amply funding schools as required, he said.

“The report puts the prettiest face possible on what they did,” he said. “Their numbers do not meet the test. They are providing too little money and providing it too late.”

A lawsuit filed in 2007 by parents and educators led to the 2012 McCleary ruling by the Supreme Court that state funding for education is not adequate, equitable or ample. Justices also found the school funding system unconstitutional because it caused school districts to use local property taxes to pay for basic education.

The court set a Sept. 1, 2018, deadline for the state to fix the problems.

In 2014, the court held the state in contempt for failing to submit a plan laying out the steps to be taken to assure compliance by the deadline. In August 2015, with no plan submitted, the court added a $100,000-a-day sanction.

As part of the original decision, the court required yearly progress reports from the Legislature. A committee of two lawmakers from the Democratic and Republican caucuses in the House and Senate was formed to draft and adopt those updates.

This year’s report, to be filed Monday, notes state funding for public schools has risen from $13.4 billion in the 2011-13 biennium to $22 billion in the current two-year budget and will reach $26.6 billion in the 2019-21 budget when all the McCleary funding measures are completely in place.

Most of the report is on the content of House Bill 2242, the far-reaching education reform and funding bill passed by lawmakers June 30 and signed by Gov. Jay Inslee on July 6.

This legislation deals with how the state will cover the cost of paying teachers and imposes new rules for collection and use of local property tax levies. It also will boost the statewide property tax rate to $2.70 per $1,000 of assessed value to generate revenue the state can use to pay expenses now covered by local school districts.

By passing this bill, “the 2017 Legislature achieved the promise of its earlier enacted reforms,” the report concludes. “It is the intent of the Legislature that these comprehensive revisions to K-12 policy and funding will improve outcomes for all children.”

The report passed on a 7-1 vote with Frockt dissenting.

He said he wanted to include how much more money each school district would get from the state under the plan. He said he also wanted to point out the Legislature did not pass a capital budget with any new funding for school construction.

The report makes no references to the contempt order or the fine.

The Attorney General’s Office is expected to argue for dissolving the contempt order and ending the fine in a separate legal brief to be submitted with the report next week.

“This is not a policy document. This is not a political document. It is a report to the court of what we’ve done,” said House Majority Leader Pat Sullivan, D-Covington, one of the committee members.

Regarding the fine, he said, “It wasn’t something we did in the session. We always assumed it would be part of the ending funding balance” of the budget.

Once the report and legal brief are filed with the Supreme Court, the coalition of parents, teachers and education groups that sued the state will get until Aug. 30 to file its response. The state will then have until Sept. 8 to respond to whatever Ahearne files.

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

Talk to us

More in Local News

FILE - A sign hangs at a Taco Bell on May 23, 2014, in Mount Lebanon, Pa. Declaring a mission to liberate "Taco Tuesday" for all, Taco Bell asked U.S. regulators Tuesday, May 16, 2023, to force Wyoming-based Taco John's to abandon its longstanding claim to the trademark. (AP Photo/Gene J. Puskar, File)
Hepatitis A confirmed in Taco Bell worker in Everett, Lake Stevens

The health department sent out a public alert for diners at two Taco Bells on May 22 or 23.

VOLLI’s Director of Food & Beverage Kevin Aiello outside of the business on Friday, May 19, 2023 in Marysville, Washington. (Olivia Vanni / The Herald)
Coming soon to Marysville: indoor pickleball, games, drinks

“We’re very confident this will be not just a hit, but a smash hit,” says co-owner Allan Jones, who is in the fun industry.

Everett
Detectives: Unresponsive baby was exposed to fentanyl at Everett hotel

An 11-month-old boy lost consciousness Tuesday afternoon. Later, the infant and a twin sibling both tested positive for fentanyl.

Cassie Franklin (left) and Nick Harper (right)
Report: No wrongdoing in Everett mayor’s romance with deputy mayor

An attorney hired by the city found no misuse of public funds. Texts between the two last year, however, were not saved on their personal phones.

Firearm discovered by TSA officers at Paine Field Thursday morning, May 11, 2023, during routine X-ray screening at the security checkpoint. (Transportation Security Administration)
3 guns caught by TSA at Paine Field this month — all loaded

Simple travel advice: Unpack before you pack to make sure there’s not a gun in your carry-on.

Heavy traffic northbound on 1-5 in Everett, Washington on August 31, 2022.  (Kevin Clark / The Herald)
To beat the rush this Memorial Day weekend, go early or late

AAA projects busy airports, ferries and roads over the holiday weekend this year, though still below pre-pandemic counts.

Logo for news use featuring the municipality of Snohomish in Snohomish County, Washington. 220118
Troopers: DUI crash leaves 1 in critical condition in Maltby

A drunken driver, 34, was arrested after her pickup rear-ended another truck late Tuesday, injuring a Snohomish man, 28.

Housing Hope CEO Donna Moulton raises her hand in celebration of the groundbreaking of the Housing Hope Madrona Highlands on Tuesday, May 23, 2023 in Edmonds, Washington. (Olivia Vanni / The Herald)
$30M affordable housing project to start construction soon in Edmonds

Once built, dozens of families who are either homeless or in poverty will move in and receive social and work services.

Smoke comes out of the roof of ReMyx'd, a restaurant on Smokey Point Drive, on Sunday, May 28, 2023, in Arlington, WA. (IAFF Local 3438)
Fire damages Arlington bar that received death threats

Arlington Police say initial indications are that fire at ReMyx’d does not appear to be intentionally set.

Most Read