Sunday, March 28, 2010

Another appeal, another loss . . .


The state decided to appeal the finding last month that they are failing to meet the paramount duty to fund public education. See this NEWS summary of the court’s findings. This was done despite a letter from legislators urging the Governor and Attorney General not to appeal.

In this Seattle Times article we are given the basis of the appeal.

Guthrie said the appeal is based on three points: the Superior Court decision does not seem consistent with the legal framework previously set forth by the state Supreme Court in other school funding cases; the decision raises questions about what it would take to achieve compliance and, as the Legislature continues toward reform, there could be a threat of additional lawsuits.

The Governor is quoted as agreeing with the decision to appeal.

"I am pleased we will have direction from the state's highest court as we work to ensure a world-class education for our children," she said in a statement.
It would appear that OSPI is also in agreement.

"While we are in agreement with the general thesis of the ruling that the state is not amply funding schools, we don't have a problem with the appeal because some of the language needs clarification," spokesman Nathan Olson said.

The legislature and Governor are committed to reforming how the state finances public schools by 2018. In the meantime, they continue to cut revenue this session and transfer the burden to the local level by passing legislation to increase the local levy lid. These moves to me are not in alignment with the words used by Judge Erlick when he urged the Legislature to proceed with real and measurable progress to establish the cost of basic education and find a stable way to pay for it.

They have made strides with measuring the cost with the passage of HB 2261 and HB 2776. On the stable funding portion, however, they are going in the wrong direction. The appeal will ensure that nothing needs to be done for at least a year and may even let the legislature get through next year’s session before a verdict is given. It is a tactic that will more than likely result in another loss by the state, thousands of dollars in legal fees, and another year with revenue loss for public schools.

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