The Education Law Center reports on a major ruling in Washington State:
WASHINGTON SUPREME COURT HOLDS LEGISLATURE IN CONTEMPT ON SCHOOL FUNDING
Orders State to Comply in 2015 Legislative Session
On September 11, 2014, in McCleary v. State, the Washington Supreme Court held the State in contempt for failing to obey a court order for a phase-in schedule for fully funding the components of “basic education” by the 2017-18 school year. The Court ruling was unanimous.
As reported by the Associated Press, Thomas Ahearne, the lead counsel for the plaintiffs, said Thursday’s order “wipes out all the excuses that legislators tell themselves as to why they don’t have to do anything. I think the attorney general is now going to be telling legislators, ‘Guys you are in a box.'”
In an earlier McCleary decision (2012), the Court found the State was not meeting its “paramount duty … to make ample provision for the education of all children residing within its border,” as stated in the Washington Constitution. The Court commended the Legislature and agreed with its chosen means of reaching a constitutional level of funding. The Court ordered the State to implement the agreed on changes within the 2018 deadline the legislative body had set.
Since 2012, however, the State has not made “sufficient progress to be on target to fully fund [basic] education … by the 2017-18 school year,” the Court concludes in this decision. And, “the State admitted that it did not comply with the court’s … order.”
The Court also points out that “The State, moreover, has known for decades that its funding for public education is constitutionally inadequate,” and warned that, “If the contempt is not purged by adjournment of the 2015 legislature, the court will reconvene and impose sanctions or other remedial measures.”
The cost to pay for basic education in Washington has been estimated at $4 billion or more in each biennial state budget. Underfunded educational resources that the Legislature has identified as basic education include full-day kindergarten, more instructional hours for high school students, pupil transportation, a new formula for school staffing levels for smaller class sizes, and more state support for school equipment and supplies.
Education Justice Press Contact:
Molly A. Hunter, Esq.
Director, Education Justice
email: mhunter@edlawcenter.org
voice: 973 624-1815 x19
http://www.edlawcenter.org
http://www.educationjustice.org
Copyright © 2014 Education Law Center. All Rights Reserved.
Reblogged this on David R. Taylor-Thoughts on Texas Education and commented:
I see a trend developing. Texas now Washington State!!
Quite a pickle.
These school funding cases, it’s like watching “the State” play tic-tac-toe against itself.
Here in Arizona, we recently had the court order the State to pay 317 million they have withheld. ”
“The courts had already determined that Arizona shorted the public-school system during the Great Recession by not fully covering inflation costs required under the voter-approved Proposition 301. Cooper ruled in July that the state would have to pay $1.6 billion over five years to catch schools up to where they should be under the formula. And on Wednesday, she ruled that the first payment is due now.”(azcentral.com)
The Republican Legislature is trying to find a way to weasel out of this. During the same time period, they sure founds ways to increase tax credits for vouchers and funding for Charters.
Are you kidding… Nothing for special education? Special education is nearly funded at 25% and most of it goes to administrative cost. We have a crisis with many children being diagnosed with autism. It’ not just more educated doctors too. The mental retardation/ Down and Rett syndromes, CP, blind, deaf, and even dyslexia among others other have remained at a constant population percentage numbers. So autism and ADHD, obviously have come from another source and probably vaccine related as a whistle blower from the CDC has recently come forward. CDC has known for some time that vaccines cause 344% increase of autism when young children receive shots too young. However, still nothing is being done to accommodate funding for educating autistic children. ADHD youngsters are being returned the regular class room with little if any support and greatly curtailing there changes to succeed.
I got an Idea though, stop funding these so called” college prep” charters schools. The largest one in this country in Turkish run and diverts a good chunk of its money back to Turkey and its Muslims charities. It runs real MUSLIM schools in other countries … again with US tax dollars. CEO and administration provides the minimalist of education to students, steers off special needs students, all so they can make profits of the children. Idea .. put school districts with struggling schools in charge of who gets to open a charter school. Politicians at this point do not serve the interest of all children. It looks like the courts are living out these fragile citizens too.
Here’s what I’d like to hear a presidential candidate say:
“If elected I will take steps to see that in states where legislatures have not responded to court decisions calling for changes to the funding systems, all federal funds, including funds for handicapped children in affluent districts, will be redirected to those districts that state courts identify as being short-changed. If State legislatures fail to provide every child with an equal opportunity, the federal government has a responsibility to do so.”
There are countless states who dither and dither for YEARS after losing a court battle and no one holds their feet to the fire. I think this is an area where the federal government could make a difference if it allocated its funds in a fashion that redressed these inequities.