Politics
Three Washington school districts prepare lawsuit alleging state underfunds basic education
Lake Washington, Tacoma and Yakima school boards have directed staff to prepare a lawsuit claiming the state is shirking its constitutional duty to fund basic education, reviving the legal argument from the landmark McCleary case. The districts, serving over 74,000 students, say they are forced to use local levy dollars for day-to-day expenses as costs rise and enrollment declines.
Three of Washington's larger school districts are laying the groundwork for a lawsuit against the state, arguing that lawmakers have failed to fully fund basic education as required by the state constitution. The Lake Washington, Tacoma and Yakima school boards have each passed resolutions directing staff to assemble the components of a legal challenge, echoing the argument that drove the landmark McCleary ruling more than a decade ago.
The Lake Washington and Tacoma boards approved their resolutions on Oct. 22, and Yakima followed on Nov. 2. Together the three districts serve more than 74,000 students. None has announced a filing date, but the move follows months of warnings from district leaders.
In a March message to parents, Lake Washington Superintendent Jon Holmen said the district bridges significant funding gaps every year to provide legally required services, leaning on local resources to cover what the state constitution calls the "paramount duty." Holmen wrote that local levy support cannot replace the state's obligation to fund basic education.
Lake Washington's resolution states that the district plans to allege the state is violating a constitutional provision that imposes a mandatory, affirmative duty to fully fund a program of basic education for all children in Washington.
The argument mirrors the 2012 McCleary decision, in which the state Supreme Court ruled that Washington had failed its paramount duty to amply fund public schools and ordered corrective action. Two years later, the court found the state had not complied, held it in contempt and eventually imposed an unprecedented $100,000-per-day fine. The court determined the state had come into compliance by 2018.
Since then, districts have faced rising transportation, utility and insurance costs. Some communities have rejected local levies that schools had come to depend on, student enrollment continues to decline, and a record 11 school districts are now under binding conditions, meaning they are subject to state financial oversight.
Superintendent of Public Instruction Chris Reykdal has warned for years that a McCleary-style lawsuit could reemerge. His office has repeatedly requested budgets aimed at closing funding shortfalls, according to Katy Payne, chief strategy officer for the Office of Superintendent of Public Instruction.
Payne said Reykdal supports the districts' efforts. "While litigation is never a first choice, OSPI and school districts have been sounding the alarm about underfunding for several years," she said. "While the Legislature has made slight improvements, districts are still spending $800 million per year in local and federal funds in order to cover the state's obligation."
The funding gap has forced districts to lay off staff, increase class sizes and, in some cases, consider closing schools, Payne added. She urged the governor and Legislature to close the gap in the coming legislative session.
The districts' preparations come as state lawmakers face pressure to reassess how Washington pays for public schools, with local property-tax levies continuing to fill gaps the state has left behind.