Thursday, January 5, 2012

McCleary Decided: State Not Fully Funding Education

Today, the Washington State Supreme Court released its decision on whether the state was meeting its Constitutional obligation to amply fund public education.

In a 7-2 decision, the Supreme Court indicated that if the State fully funded ESHB 2261 (Chapter 548, Laws of 2009), the bill that redefined basic education and included new funding formulas, the State's paramount duty of funding education would be fulfilled.

This is the second time in the state's history that the Supreme Court has rendered a decision on the state's Constitutional obligation for ample funding of basic education. The last time the Court took up the issue was more than 30 years ago, commonly referred to as the Doran decision.

In its decision, the Supreme Court is retaining jurisdiction over the case to help facilitate progress in the State's plan to fully implement the reforms of ESHB 2261 by 2018. This means the Court will continue to stay aware of the reforms, and how the funding and schedules adopted in SHB 2776 (Chapter 236, Laws of 2010) will be implemented.

In the 2011 session, and again in the 2011 special session, lawmakers were considering SB 5475, which would have removed all the references to 2018 implementation and replaced the date with a vague reference to "a schedule adopted by the legislature."

At an AP press conference today, House and Senate majority and minority leaders referenced the decision repeatedly, including how they plan to address the Court's decision while also balancing a budget with a projected shortfall of about $1 billion. The press conference will be available on TVW later today.

To read the majority decision (79 pages), click here. For the minority dissent (5 pages), click here.