State schools chief going to court over McCleary case

Randy Dorn, State Superintendent of Public Instruction.

Randy Dorn, State Superintendent of Public Instruction.

Superintendent of Public Instruction Randy Dorn knows school districts use local levies to pay teachers and principals because they don’t get enough money from the state to offer competitive salaries.

He is convinced it is illegal for them to do this.

So the outgoing chief of Washington’s public school system said he intends to sue a few districts to find out.

Dorn is preparing to launch legal action as early as Tuesday in King County Superior Court. He wouldn’t say which districts will be named as defendants. It’s likely at least one will be from Snohomish County, where the most experienced teachers can earn the highest base pay in the state — thanks in large part to the use of levy dollars.

Everett School District, for example, offers a top base salary of $97,445 that will rise to $103,000 for the 2017-18 school year under a contract approved last fall. The Mukilteo School District offered $92,282 at the peak of its salary scale before the district and the teachers’ union started negotiating a new contract earlier this year.

Meanwhile the top salary level for equivalent experience in dozens of other school districts hovers around $67,000 annually, according to a tally compiled by the Washington Education Association. The difference is the result of years of bargained contracts in which school boards agree to use chunks of voter-approved tax levies to pay higher wages. It also reflects the reality that some school districts are unable to pass levies or generate enough money from theirs to offer Everett-sized salaries.

The McCleary decision from the state Supreme Court directs the state to amply fund basic education by 2018 and points out that the use of local levies to cover the costs is unconstitutional.

But that decision doesn’t spell out whether it’s okay for school districts to do so when the state isn’t providing enough money for elements of basic education, such as salaries.

That’s what Dorn wants a court to determine. If it turns out he’s right, it would bring added pressure on the Legislature and Gov. Jay Inslee to find a remedy that ensures public schools are provided a reliable, equitable and ample source of money to operate.

“I do not fault school districts for doing what they are doing,” he said. “That is the hand the Legislature has dealt them.”

“My job is to represent the needs of kids in our schools,” he continued, “Some kids are getting a 21st century education, and some teachers are getting paid a 21st century wage. But some kids are not getting a 21st century education, and some teachers are not getting paid a 21st century wage.”

Dorn in November requested a legal opinion from Attorney General Bob Ferguson on whether school board members have the authority to use local levies for compensation related to basic education services. Ferguson declined to provide one, saying the question came too close to issues encompassed by the ongoing McCleary case.

Dorn then began making plans for legal action.

He said he wanted to file the lawsuit in February while the Legislature was in session, but held off at the behest of some school leaders who wanted to see if lawmakers might address the matter in the session.

They didn’t.

Now Dorn, who is retiring at the end of the year after two terms, said he’s not waiting any longer, even though some still are asking him to hold off.

“It’s never going to be a good time,” he said. “The longer we wait, the worse it gets.”

Political reporter Jerry Cornfield’s blog, The Petri Dish, is at www.heraldnet.com. Contact him at 360-352-8623; jcornfield@heraldnet.com and on Twitter at @dospueblos.

Talk to us

> Give us your news tips.

> Send us a letter to the editor.

> More Herald contact information.

More in Local News

Olivia Vanni / The Herald 
The Mukilteo Lighthouse. Built in 1906, it’s one of the most iconic landmarks in Snohomish County.
The Mukilteo Lighthouse. Built in 1906, it’s one of the most iconic landmarks in Snohomish County. (Olivia Vanni / The Herald)
Mukilteo mayor vetoes council-approved sales tax

The tax would have helped pay for transportation infrastructure, but was also set to give Mukilteo the highest sales tax rate in the state.

Marysville Mayor Jon Nehring gives the state of the city address at the Marysville Civic Center on Wednesday, Jan. 31, 2024, in Marysville, Washington. (Ryan Berry / The Herald)
Marysville council approves interim middle housing law

The council passed the regulations to prevent a state model code from taking effect by default. It expects to approve final rules by October.

x
State audit takes issue with Edmonds COVID grant monitoring

The audit report covered 2023 and is the third since 2020 that found similar issues with COVID-19 recovery grant documentation.

Bothell
Bothell man pleads guilty to sexual abuse of Marysville middle schoolers

The man allegedly sexually assaulted three students in exchange for vapes and edibles in 2022. His sentencing is set for Aug. 29.

Larsen talks proposed Medicaid cuts during Compass Health stop in Everett

Compass Health plans to open its new behavioral health center in August. Nearly all of the nonprofit’s patients rely on Medicaid.

Snohomish County Health Department Director Dennis Worsham on Tuesday, June 11, 2024 in Everett, Washington. (Olivia Vanni / The Herald)
Snohomish County Health Department director tapped as WA health secretary

Dennis Worsham became the first director of the county health department in January 2023. His last day will be July 3.

Police Cmdr. Scott King answers questions about the Flock Safety license plate camera system on Thursday, June 5, 2025 in Mountlake Terrace, Washington. (Olivia Vanni / The Herald)
Mountlake Terrace approves Flock camera system after public pushback

The council approved the $54,000 license plate camera system agreement by a vote of 5-2.

Community members gather for the dedication of the Oso Landslide Memorial following the ten-year remembrance of the slide on Friday, March 22, 2024, at the Oso Landslide Memorial in Oso, Washington. (Ryan Berry / The Herald)
The Daily Herald garners 6 awards from regional journalism competition

The awards recognize the best in journalism from media outlets across Alaska, Idaho, Montana, Oregon and Washington.

Logo for news use featuring the municipality of Gold Bar in Snohomish County, Washington. 220118
Lynnwood man dies in fatal crash on US 2 near Gold Bar

The Washington State Patrol said the driver was street racing prior to the crash on Friday afternoon.

Thousands gather to watch fireworks over Lake Ballinger from Nile Shrine Golf Course and Lake Ballinger Park on Thursday, July 3, 2025 in Mountlake Terrace, Washington. (Olivia Vanni / The Herald)
Thousands ‘ooh’ and ‘aah’ at Mountlake Terrace fireworks show

The city hosts its Independence Day celebrations the day before the July 4 holiday.

Liam Shakya, 3, waves at a float passing by during the Fourth of July Parade on Friday, July 4, 2025 in Everett, Washington. (Olivia Vanni / The Herald)
Everett celebrates Fourth of July with traditional parade

Thousands celebrated Independence Day by going to the annual parade, which traveled through the the city’s downtown core.

Ian Saltzman
Everett Public Schools superintendent wins state award

A group of school administrators named Ian Saltzman as a top educational leader.

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.