Court says it again: Education is paramount
Yakima Herald-Republic
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Deep in the state Supreme Court's ruling that Washington does not adequately fund basic public education lies the following sentence: "We do not believe this conclusion comes as a surprise." The decision, issued Thursday, certainly didn't catch off-guard anyone who has watched the state cut school funding during recent budget crises.
The 7-2 ruling, written by Justice Debra Stephens, upheld a 2010 King County Superior Court decision. It also referred frequently to a 1978 state Supreme Court decision on a Seattle School District case that ordered the state to define and fund basic education. The two dissenters in Thursday's ruling, Chief Justice Barbara Madsen and Justice Jim Johnson, didn't dispute the majority's finding about adequate funding. They did question whether separation of powers allowed the court to monitor the Legislature's efforts to implement legislation that's already in effect. That law gives the state until 2018 to complete education reforms -- that includes providing money for them.
The decision, and court oversight, may reflect not so much judicial activism as judicial impatience with a Legislature that has identified problems and enacted reforms but has not backed up its action with adequate funding. The state's increasing reliance on federal grants and local levy dollars has to stop, the justices said. The court didn't spell out what the Legislature has to do, only that lawmakers have to do something.
The justices noted the lack of fairness in relying on levies based on local property values, and one paragraph in the ruling should encourage those fighting efforts to reduce levy-equalization dollars, which are critical to Yakima Valley school districts. The court wrote, "Districts with high property values are able to raise more levy dollars than districts with low property values, thus affecting the equity of a statewide system. Conversely, property-poor districts, even if they maximize their local levy capacity, will often fall short of funding a constitutionally adequate education."
In other words, don't rely on levies.
The ruling comes just four days before the Legislature is to convene -- interesting timing here -- and confront yet another billion-dollar-plus budget deficit in a 60-day session. This puts more pressure to find cuts in areas other than education and may give a boost to tax-increase efforts, like Gov. Chris Gregoire's proposal to temporarily raise the sales tax by a half-cent. It also puts pressure on lawmakers to seek reforms and set priorities.
The justices throughout the ruling refer to Article IX, Section 1 of the Washington State Constitution, which states in part, "It is the paramount duty of the state to make ample provision for the education of all children residing within its borders." The court is saying this "paramount duty" makes school funding the top priority.
It appears that like some school curricula, the Legislature must get back to basics. Its basic duty is to assure the opportunity for a sound public education, and it should start doing so now. This will require some tough decisions, and it is something that can't wait until 2018.
* Members of the Yakima Herald-Republic editorial board are Sharon J. Prill, Bob Crider, Frank Purdy and Karen Troianello.
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