Washington schools prepare to sue the state for failing to fund public education

Three large Washington school districts are preparing to sue the state, alleging it is once again failing to fully fund basic education. 

School boards for the Lake Washington, Tacoma and Yakima districts contend the state’s failure to meet its constitutional obligations is forcing them to rely on local levy dollars to pay day-to-day expenses, echoing an argument made in the landmark McCleary ruling that forced the state to pump billions of additional dollars into education. 

The Lake Washington and Tacoma School Districts simultaneously passed resolutions on Oct. 22, directing staff to start assembling the pieces for a lawsuit. On Nov. 2, the Yakima School District followed their lead, effectively declaring participation in a future suit. 

The three districts, which serve more than 74,000 students, did not disclose when they plan to file — but their decision wasn’t made overnight. 

In March, Lake Washington Superintendent Jon Holmen explained to parents why the school was preparing to sue the state. 

“Year after year, our district must bridge significant funding gaps to provide legally required services for students, relying on local resources to make up for what is defined as the ‘paramount duty’ in our state constitution,” Holmen wrote. “Local levy support cannot replace the state’s constitutional obligation to fund basic education.”

Per its resolution, Lake Washington “plans to allege” that the state is violating a provision of the state constitution, “which imposes a mandatory, affirmative duty” to “fully fund a program of basic education for all children residing in this state.”

The argument mirrors one that’s already played out in the state’s Supreme Court. In the 2012 McCleary decision, the high court ruled that the state violated its “paramount duty” to provide ample funding for public education, and ordered it to do so. 

In 2014, the court ruled it hadn’t complied, issuing a contempt order and eventually, imposing an unprecedented $100,000 per day fine on the state. By 2018, the state came into compliance, the court ruled. 

In the years since, schools have been hit with rising transportation, utility and insurance costs. Local levies have failed for some districts that have come to rely on them. Student enrollment continues to decline. And, there are now 11 school districts, more than ever before, on binding conditions, or state financial oversight.

Superintendent of Public Instruction Chris Reykdal has warned for years that a McCleary-like case could soon arise. For years, his office has requested budgets that would have addressed funding shortfalls, said Katy Payne, chief strategy officer. 

Overall, 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,” Payne 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 lack of funding has driven school districts to “layoff staff, increase class sizes, and some are even considering closing schools,” Payne added. “We urge the governor and Legislature to close this funding gap this legislative session.”