In 1976, the Seattle School
District sued the state of Washington for failing to provide adequate funding
for education as mandated by the state constitution. That led to the Doran
decision, which obliged the state legislature to abide by its constitution responsibilities.
The failure of the legislature to conform to the ruling led to a second Doran
decision in the 1980s, and things haven’t really changed since then.
And now the Washington State
Supreme Court has ruled that the state legislature is in contempt of yet another
attempt to force it to meet its obligations—the 1994 McCleary ruling—to
adequately fund public education (not to mention higher education). People should be surprised to learn that in
this supposedly “progressive” state, there are plenty of regressive voters who
expect the Republicans they put into office to do their provincial, bigoted
bidding. I hold that Democrats support policies that benefit all of the people,
while Republicans only support policies that benefit the few, and the education
funding is a case in point.
Depending upon what numbers are
used, the state of Washington ranks either 43rd or 44th
out of fifty states for funding per student. The state’s per-student outlay is
80 percent of the national average, and it is currently $2,000 ($2,679
according another source) per-student behind the level mandated by the McCleary
standard set 20 years ago. Worse, approximately $2.6 billion dollars has been cut from the education budget over recent
years.
Yet Republicans in the
legislature continue to insist that the level is funding is “adequate,” and
instead of raising levels of revenue in a state that has seen continuous
shortfalls in revenues over the past decade—such as by raising taxes slightly
or allowing tax breaks that have done nothing for the state but expand the
wallets of those receiving them—they claim that the “solution” is to find ways
to cut “waste” and “invest” what money there is more “wisely.” Republicans, of
course, rather mendaciously call their plan “reform,” when it is nothing of the
sort; it is just a desperate way to satisfy its anti-tax, anti-government, gun-toting
constituency. $10 billion has already been cut from the state budget since the
Great Recession in 2008. How much more “waste” can there be without causing
more pain to students and people in need?
And this doesn’t take into
account that public school teachers in the state are among the lowest paid in
the country. As a “last resort,” Republican lawmakers insist that additional
funding can only come from cutting other public programs, again demonstrating
their (and their constituency’s) absolute contempt for people other than
themselves.
The state Supreme Court has not
been fooled by Republican double-talk, nor has it accepted the argument that
the court is overreaching its authority by telling the legislature how to do
its business, which it has failed miserably at ever since two dough-faced
Democrats in the state senate decided to “caucus” with the Republicans to form
a “bi-partisan” majority:
But as the court has repeatedly stated, it does not wish to dictate the
means by which the legislature carries out its constitutional responsibility or
otherwise directly involve itself in the choices and trade-offs that are
uniquely within the legislature’s purview. Rather, the court has fulfilled its
constitutional role to determine whether the State to provide its detailed plan
in December 2012, prior to the 2013 legislative session, and it has repeatedly
emphasized that the State is engaged in an ongoing violation of its constitutional
duty to K-12 children. The State, moreover, has known for decades that its
funding of public education is constitutionally inadequate.. This proceeding is
therefore the culmination of a long series of events, not merely the result of
a single violation. In retaining jurisdiction in McCleary, the court observed
that it cannot stand idly by as the legislature makes unfulfilled promises for
reform. McCleary. Neither can the court stand idly by while its lawful orders
are disregarded. To do so would be to abdicate the court’s own duty as a
coordinate and independent branch of the government.
The court has threatened the
legislature with unspecified “sanctions” unless it gets its act together soon,
that is to say, during the 2015 legislative session. But “contempt” is
something that some Republicans have for the decision, so we shouldn’t have any
undue expectations. Republican state senator Michael Baumgartner insisted that
the court was “way out of its lane,” and its ruling was “a disappointing,
strange and inconsequential decision,” and would not have any effect on the
legislature.
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