MYNORTHWEST NEWS

What to expect when you’re expecting a McCleary decision

Oct 26, 2017, 5:56 AM

The Washington State Supreme Court has heard arguments over whether the Legislature has finally fully funded K-12 education. Now, Washington waits for yet another McCleary decision.

What happens if the court says the state is still under-funding education?

“I think it’s highly unlikely they will reach that conclusion because the Legislature did take another big step forward to funding basic education in the last session,” said former Washington Attorney General Rob McKenna. “They’ve almost doubled state funding per-pupil to $12,000 a year now; by the year 2019-2020. And we’ll have the 5th highest per-pupil state spending in the country as a result. So I don’t think the court will go there.”

RELATED: Supreme Court weighs arguments over McCleary and recent budget

The 2012 McCleary decision put the state on the path to better fund K-12 education. The court concluded that lawmakers were not fully funding the schools, which is mandated by the state constitution. As attorney general, McKenna represented the state in the case.

Despite money added to the education budget over the past few years, the Supreme Court has previously found lawmakers in contempt for their slow progress on the issue. It fined the Legislature $100,000 a day until it started adequately funding the schools.

“As I understand it, in the budgeting process, the money equal to fines was put in a segregated account and then spent on education,” McKenna said. “It’s just taking out of one pocket and putting it into another. But I guess this means the Senate and House can cancel the planned bake sales and car washes that they otherwise would have had to organize.”

As the latest budget was crafted this year, many have watched to see if the Legislature has finally met the court’s demand.

“The first thing they will do is look at the state’s own laws,” McKenna said. “The reason we got into this position with the McCleary lawsuit and the resulting 9-0 Supreme Court decision … is that the Legislature passed a couple big bills that expanded the definition of basic education – for example adding preschool to the definition. And then it failed to provide enough funding. Instead, the Legislature kept pushing the responsibility off to local school districts. So this is a problem of the Legislature’s own making. But the good thing is that it’s a solution the Legislature can make as well.”

McKenna said there may be a bit more work for the Legislature to do in order to complete the job. But the job is mostly finished. Critics, however, claim that while the Legislature is providing funding in the budget, it is also taking money away from previously-passed levies (which were passed to make up for the state’s under-funding).

“I think that there will always be a tug-of-war and disagreements over the budget,” McKenna said. “… It’s getting harder and harder for the plaintiffs in the case to credibly claim that the budgets being passed are not meeting constitutional muster.”

“I think that there won’t be much basis for the Supreme Court to continue to hold them in contempt or threaten new action against the Legislature,” he said.

MyNorthwest News

shooting bullets south seattle neighborhood...

Brandon Thompson, KIRO 7 News

For this South Seattle Neighborhood, it’s not the first time their homes have been hit by bullets

A South Seattle neighborhood is once again dealing with the aftermath of gunfire after a shootout left multiple homes and vehicles damaged Tuesday night.

22 hours ago

tulalip tribes sonics...

Ranji Sinha, KIRO 7 News

Tulalip Tribes in talks to bid for Sonics return to Washington

The Tulalip Tribes confirmed it’s in discussions about joining a bid to bring the Sonics back to Washington, but with a stadium potentially in Marysville.

22 hours ago

federal way...

MyNorthwest Staff

‘You knew what you were selling’: Federal Way man sentenced to 9 years in fentanyl conspiracy

A 22-year-old Federal Way man was sentenced Thursday to nine years in prison for his role in a conspiracy to distribute mass amounts of fentanyl.

1 day ago

wild waves amusement park season...

Aaron Granillo

Last splash: Wild Waves closing for good after 50 years

It's the last splash at Wild Waves in Federal Way.

1 day ago

kent rape kidnapping fentanyl...

Frank Lenzi

Kent man wanted for rape, kidnapping arrested in drug bust

A Kent man wanted for rape and kidnapping in King County was arrested Sept. 2.

2 days ago

Seattle mayor katie wilson...

KIRO Newsradio staff

‘S*** happens’: Seattle mayor’s office texts reveal scramble over optics, officials brushing off inaccurate information after Bite of Seattle shooting

Internal text messages released from Seattle Mayor Katie Wilson's office show staff debating whether the mayor should appear.

2 days ago

What to expect when you’re expecting a McCleary decision