Lawmakers tell court they’ve met their school-funding mandate

The Legislature has approved a report to the state Supreme Court about the so-called McCleary case.

OLYMPIA — A bipartisan panel of lawmakers on Tuesday approved a report for the Supreme Court that they hope could bring an end to the McCleary case, the 11-year legal battle that has spurred an unprecedented surge in state funding for public schools.

With no debate, six Democratic and Republican lawmakers adopted the 16-page report on actions taken in the 2018 legislative session to make sure the state complies with the court’s September deadline to provide ample money for education.

“Hopefully this will be our final one,” said Sen. David Frockt, D-Seattle, before the vote. “We’ll see how that goes.”

Lawmakers thought they had done everything they needed to do in 2017. But last November, justices concluded the Legislature’s plan to phase-in funding for salaries of teachers, staff and administrators through the 2019 school year would be one year too late.

So, lawmakers responded by earmarking $775.8 million in the supplemental state budget for cover the tab for salaries by this fall and thus satisfy the court.

“That had to be done. We’ve done that,” said Sen. Hans Zeiger, R-Puyallup, another committee member.

And it’s why lawmakers are feeling confident the end is near for the legal odyssey.

A lawsuit filed in 2007 by the McCleary and the Venema families led to the 2012 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 cover the gap in state funding 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.

Since the ruling, the level of state funding for elementary and secondary education has risen from $13.4 billion in the 2011-13 biennium to $22.8 billion in the current two-year budget. It is projected to be $26.7 billion in the next budget.

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 craft the annual updates.

Thomas Ahearne, attorney for the families and a coalition of educator groups that brought the suit, said in an email he needed to review the numbers in the latest report to see if the money allotted by the state is enough money to provide each student an amply funded education as required under the state constitution.

And he noted the upcoming 2018 school year will be the first chance for the court to judge the “constitutional adequacy” of all the changes enacted by the Legislature.

This year’s report is the seventh produced by the special committee. It is due Monday. The Attorney General’s Office will file a separate legal brief in which it is expected to argue for the contempt to be purged, the fine to be ended and the litigation concluded.

Once those are filed with the court, Ahearne will get 20 days to file a response on behalf of the coalition.

Once that is in, the state will get 10 days to rebut the arguments. Then it is in the hands of the Supreme Court justices who could hold a hearing or simply send out an order on whether the state had complied.

House Majority Leader Pat Sullivan, D-Covington, a committee member, said even when the case ends lawmakers will continue working on how to bolster support of public schools.

The difference, he said, is “we will be able to look at investments without the court looking over our shoulder.”

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

Talk to us

More in Local News

Cars move across Edgewater Bridge toward Everett on Tuesday, Sept. 26, 2023, in Washington. (Olivia Vanni / The Herald)
Edgewater Bridge redo linking Everett, Mukilteo delayed until mid-2024

The project, now with an estimated cost of $27 million, will detour West Mukilteo Boulevard foot and car traffic for a year.

Lynn Deeken, the Dean of Arts, Learning Resources & Pathways at EvCC, addresses a large gathering during the ribbon cutting ceremony of the new Cascade Learning Center on Thursday, Sept. 28, 2023, at Everett Community College in Everett, Washington. (Ryan Berry / The Herald)
New EvCC learning resource center opens to students, public

Planners of the Everett Community College building hope it will encourage students to use on-campus tutoring resources.

Everett Police Chief Dan Templeman announces his retirement after 31 years of service at the Everett City Council meeting on Wednesday, Sept. 27, 2023 in Everett, Washington. (Olivia Vanni / The Herald)
Everett police chief to retire at the end of October

Chief Dan Templeman announced his retirement at Wednesday’s City Council meeting. He has been chief for nine years.

Boeing employees watch the KC-46 Pegasus delivery event  from the air stairs at Boeing on Thursday, Jan. 24, 2019 in Everett, Wa. (Andy Bronson / The Herald)
Boeing’s iconic Everett factory tour to resume in October

After a three-year hiatus, tours of the Boeing Company’s enormous jet assembly plant are back at Paine Field.

A memorial for a 15-year-old shot and killed last week is set up at a bus stop along Harrison Road on Wednesday, Sept. 13, 2023, in Everett, Washington. (Ryan Berry / The Herald)
Teen boy identified in fatal shooting at Everett bus stop

Bryan Tamayo-Franco, 15, was shot at a Hardeson Road bus stop earlier this month. Police arrested two suspects.

Car crashes into Everett apartment, displacing residents

No one was injured in the crash late Friday, according to Everett police.

Mike Bredstrand, who is trying to get back his job with Lake Stevens Public Works, stands in front of the department’s building on Wednesday, Sept. 27, 2023, in Lake Stevens, Washington. Bredstrand believes his firing in July was an unwarranted act of revenge by the city. (Ryan Berry / The Herald)
Lake Stevens worker was fired after getting court order against boss

The city has reportedly spent nearly $60,000 on attorney and arbitration fees related to Mike Bredstrand, who wants his job back.

Chap Grubb, founder and CEO of second-hand outdoor gear store Rerouted, stands inside his new storefront on Thursday, Sept. 21, 2023, in Gold Bar, Washington. Rerouted began as an entirely online shop that connected buyers and sellers of used gear.  (Ryan Berry / The Herald)
Used outdoor gear shop Rerouted finds a niche in Gold Bar

Seeking to keep good outdoor gear out of landfills, an online reselling business has put down roots in Gold Bar.

Naval Station Everett. (Chuck Taylor / Herald file)
Everett man sentenced to 6 years for cyberstalking ex-wife

Christopher Crawford, 42, was found guilty of sending intimate photos of his ex-wife to adult websites and to colleagues in the Navy.

Most Read