State gets positive report on education

OLYMPIA — State attorneys on Monday urged the Supreme Court to dissolve a contempt order against the Legislature, arguing lawmakers are on pace to ensure the state fully funds basic education for public school students by a 2018 deadline.

They contended lawmakers have met or will meet every benchmark set by the court in the McCleary case and no longer need to prepare the plan justices demanded when they issued the contempt order last year.

“The State has made real and measurable progress in meeting its constitutional obligations to Washington’s schoolchildren,” Assistant Attorney General David Stolier wrote in a brief filed late Monday.

ADVERTISEMENT
0 seconds of 0 secondsVolume 0%
Press shift question mark to access a list of keyboard shortcuts
00:00
00:00
00:00
 

“Although work remains to be done, the 2015 Legislature’s actions move the State closer to ultimate constitutional compliance than any written plan would have done, and continuing to demand a plan at this point would serve no useful purpose,” he wrote. “The contempt order should be dissolved.”

But the lead attorney for the parents and alliance of school organizations behind the McCleary lawsuit countered that lawmakers continue to procrastinate and urged justices to take action.

“The time for this Court to act is now,” wrote attorney Thomas Ahearne in a brief also filed Monday. “The State’s ongoing violation of its paramount education funding duty — and of Washington children’s corresponding paramount constitutional right — has been continuing for far too long.

“The time has come for this Court to make what some would call a ‘fish or cut bait’ decision,” Ahearne wrote. “Either stand up and enforce Washington schoolchildren’s positive constitutional right to an amply funded education, or sit down and confess it was only kidding when it assured Washington schoolchildren that this Court would vigilantly protect them from the government’s violation of their constitutional rights.”

Justices are likely to hold a hearing before determining their next step.

Stolier argued against sanctions but said if the court decides to leave the contempt finding in place it would serve to keep lawmakers focused on completing their task.

Ahearne suggested justices consider a couple of sanctions including barring lawmakers from acting on any legislation not tied to the case or even ordering them back into a fourth special session to finish their work.

Monday’s filings revive the continuing tension between the legislative and judicial branches in the area of public school funding.

In 2012, justices found lawmakers were violating the state constitution by not covering the cost of basic education for 1 million elementary and secondary schools. That failure is forcing local districts to rely too heavily on levies to pay for such things as classroom expenses and teacher salaries. They ordered the Legislature to re-balance the system by the 2017-18 school year.

Last fall, the court issued its contempt order and gave lawmakers until the end of the regular 2015 session to submit a plan detailing how they would meet the deadline. Justices postponed consideration of sanctions or other remedial measures until the session adjourned.

Stolier filed two documents with the court Monday. One was a report approved by lawmakers outlining how they had increased spending by nearly $2,500 per student since the decision and detailing all the places the money had gone. The report also acknowledged they still need to reform the levy system and establish a statewide pay scale for school employees.

The second document was Stolier’s brief addressing the contempt order.

“The State is well along the path toward the constitutional compliance this Court ordered in its 2012 decision,” Stolier concluded.

But Ahearne countered that with only three budget years left until the deadline, the state needs to be pushed harder.

“Plaintiffs respectfully submit that crossing one’s fingers and punting is not the type of complete implementation and full funding plan” the court wanted from the Legislature, he wrote.

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

Talk to us

> Give us your news tips.

> Send us a letter to the editor.

> More Herald contact information.

More in Local News

Cars drive along Cathcart Way next to the site of the proposed Eastview Village development that borders Little Cedars Elementary on Wednesday, May 7, 2025 in unincorporated Snohomish, Washington. (Olivia Vanni / The Herald)
Former engineer: Snohomish County rushed plans for Eastview development

David Irwin cited red flags from the developers. After he resigned, the county approved the development that’s now stalled with an appeal

Outside of the Madrona School on Monday, Aug. 26, 2024 in Edmonds, Washington. (Olivia Vanni / The Herald)
Sewer district notifies Edmonds schools of intent to sue

The letter of intent alleges the school district has failed to address long-standing “water pollution issues” at Madrona K-8 School.

Everett
Man stabbed in face outside Everett IHOP, may lose eye

Police say the suspect fled in the victim’s car, leading officers on a 6-mile chase before his arrest.

A person walks up 20th Street Southeast to look at the damage that closed the road on Wednesday, Nov. 20, 2024 in Lake Stevens, Washington. (Olivia Vanni / The Herald)
WA delegation urges Trump to reconsider request for bomb cyclone aid

The Washington state congressional delegation urged President Donald Trump on… Continue reading

Aaron Weinstock uses an x-ray machine toy inside the Imagine Children Museum on Tuesday, Dec. 3, 2024 in Everett, Washington. (Olivia Vanni / The Herald)
Imagine Children’s Museum $250k grant reinstated following federal court order

The federal grant supports a program that brings free science lessons to children throughout rural Snohomish County.

Snohomish County 911 Executive Director Kurt Mills talks about the improvements made in the new call center space during a tour of the building on Tuesday, May 20, 2025 in Everett, Washington. (Olivia Vanni / The Herald)
New 911 center in Everett built to survive disaster

The $67.5 million facility brings all emergency staff under one roof with seismic upgrades, wellness features and space to expand.

Everett
Five arrested in connection with Everett toddler’s 2024 overdose death

More than a year after 13-month-old died, Everett police make arrests in overdose case.

Madison Family Shelter Family Support Specialist Dan Blizard talks about one of the pallet homes on Monday, May 19, 2025 in Everett, Washington. (Olivia Vanni / The Herald)
Madison Family Shelter reopens after hiatus

The Pallet shelter village, formerly Faith Family Village, provides housing for up to eight families for 90 days.

Help Washington manage European green crabs with citizen science events

Washington State University and Washington Sea Grant will hold a training at Willis Tucker Park on June 2.

Emilee Swenson pulls kids around in a wagon at HopeWorks' child care center Tomorrow’s Hope, a job training program for people interested in child care, on Tuesday, Sept. 7, 2021 in Everett, Washington. HopeWorks is one of the organizations reciving funding from the ARPA $4.3 million stipend. (Andy Bronson / The Herald)
Early learning group presents countywide survey findings

The survey highlighted the largest issues parents and providers are facing amid the county’s child care crisis.

Brian Murril, who started at Liberty Elementary as a kindergartner in 1963, looks for his yearbook photograph during an open house for the public to walk through the school before its closing on Thursday, May 29, 2025 in Marysville, Washington. (Olivia Vanni / The Herald)
Locals say goodbye to Marysville school after 74 years

Liberty Elementary is one of two schools the Marysville School District is closing later this year to save costs.

U.S. Sen. Patty Murray speaks at a round table discussion with multiple Snohomish County agencies about the Trump administrator restricting homelessness assistance funding on Thursday, May 29, 2025 in Everett, Washington. (Olivia Vanni / The Herald)
Sen. Murray hears from county homelessness assistance providers

In early May, Snohomish County sued the Trump administration for putting unlawful conditions on $16.7M in grant funding.

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.