Washington Courts: News and InformationSupreme Court Issues Response in McCleary DecisionJanuary 09, 2014
Olympia, WA – The Washington Supreme Court today issued an Order in the case of McCleary, et al. v. State of Washington. The Order responds to the most recent report of the Washington State Legislature on progress made towards meeting constitutional education requirements outlined by the Court in its January 5, 2012 opinion in this case.
The majority Order, signed by eight of the nine justices, acknowledges that “meaningful steps were taken in the 2013 legislative session to address the constitutional imperative of amply providing for basic education.”
The court expressed concern, however, that the State is “not on target to implement ESHB 2261 and SHB 2776 by the 2017-18 school year.” The Order observes that the $982 million budget for education in 2013-15 represents only a 6.7% increase over the current constitutionally inadequate level of funding and falls well short of the needs estimated by the legislature’s Joint Task Force on Education Funding. The Order directs the State to provide a complete phase-in plan for meeting its goals by April 30, 2014, and indicates the court might seek more frequent reports, emphasizing “the pace of progress must quicken.”
“The State clearly made strides in 2013, which should not be overlooked. But the court is very concerned that, measured by the current rate of progress, the State is not going to be in compliance with the constitution by the 2017-18 school year,” said Chief Justice Barbara Madsen.
“While we appreciate the scope of the task at hand and have deferred to the legislature’s chosen plan for fully funding basic education, it remains our constitutional obligation to uphold article IX, section 1. I think every person in Washington understands that providing for education is the State’s paramount duty under the state constitution,” she said.
A dissent from the Order is being authored by Justice James M. Johnson and will be filed in due course. A complete history of the documents filed in this landmark case, can be found online at www.courts.wa.gov
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