HB 2261 and the NEWS lawsuit

Now that the regular legislative session has ended and House Bill 2261 is awaiting Gov. Chris Gregoire's signature, NEWS members are being asked about this legislation relating to the State's basic education program. We believe the bill is one step forward, a promise made by this year's legislators regarding what they hope future legislators will do in the upcoming decade leading up to 2018. The NEWS lawsuit, however, is not about what the State promises or hopes to do in the future. Our State's school children have already lived through 30 years of well-intentioned promises and hopes. Instead, the NEWS lawsuit is about what our State Constitution requires the State to do now.

Article IX, section 1 of our State Constitution mandates that "It is the paramount duty of the state to make ample provision for the education of all children residing within its borders...."

"Paramount duty" means paramount duty. The State must fully fund public education first before anything else. The promises in House Bill 2261 do not change the simple fact that the State is not doing that. The lawsuit seeks a Court Order requiring the State to comply with the "paramount" mandate in Article IX, section 1.

"Ample provision" means ample provision. State funding must be fully sufficient on its own and more than just enough to eke by year to year. The promises in House Bill 2261 do not change the fact that the State's provision for public education is far from ample. The lawsuit seeks a court order requiring the State to comply with the "ample" mandate in Article IX, section 1 by determining the actual dollar costs of the education required by our Constitution, and then fully funding that actual cost with stable and dependable resources.

"All children" means all children, not just kids from relatively advantaged families, neighborhoods or segments of our society. The promises in House Bill 2261 do not change the fact that the State is not amply providing for the education of all children in our State. The lawsuit seeks a court order requiring the State to comply with the "all" mandate in Article IX, section 1.

"Education" means the knowledge and skills that kids need to compete in our modern world and to meaningfully participate in our democracy. In other words, the high education standards our State set when it enacted House Bill 1209 and the corresponding Essential Academic Learning Requirements. The promises in House Bill 2261 do not change the fact that the State's basic education programs are not amply providing that education to all our State's children. The lawsuit seeks a court order requiring the State to amply provide the "education" mandated by Article IX, section 1.

Unfortunately, history has shown that court orders are the only truly effective way to force the State to follow through and act instead of just talk. The lawsuit seeks to ensure that the type of educational hopes expressed by the supporters of House Bill 2261 in fact become reality to the public school children in our State as soon as possible.