NEWS court case under way (posted Aug. 31, 2009)

The education funding lawsuit brought by the Network for Excellence in Washington Schools against the State is now under way in King County Superior Court in Seattle. Judge John Erlick is presiding over the trial, which is expected to last six weeks into the middle of October.

Attorneys for NEWS contend that the State is failing to live up to its constitutional mandate, which reads: “It is the paramount duty of the state to make ample provision for the education of all children residing within its borders...”

“The mandate is strong and it is clear. The State must put public education first, fund it amply and ensure that all students can succeed,” said NEWS President Mike Blair. “For decades, State lawmakers have danced around the problem of inadequate public school funding without solving it. The time for a stable funding system is now.

“Legal action is always a last resort, but history has shown us that lawsuits are one of the only ways to move the State to resolve serious inequities in our K-12 education system,” Blair said.

The lawsuit aims to turn the promise of education reform put forward in recent legislation (HB 2261) into a mandate by establishing that, in the words of the Washington State Constitution:

  • “Paramount” means paramount, that public education is funded first before everything else;
  • “Ample” means ample, more than enough and not just what is left over;
  • “All” means all students, not just those living in wealthy school districts; and
  • “Education” means the knowledge and skills kids need to succeed in today’s world as established in State education standards such as the Essential Academic Learning Requirements (EALRs)

NEWS attorneys also will prove that the State is failing to live up to this constitutional duty. Far too many students are leaving Washington schools without the knowledge and skills they need to live and work in a 21st century democratic society. NEWS will ask the court to issue an order that mandates the State to determine the actual cost of ensuring that all students meet State academic standards and to provide a stable, equitable way to pay those costs.

Following the trial, the court’s decision is expected in several months.

For reports on each day of the trial, click on Daily Trial Updates.