Every now and then, a court steps in and through the force of its opinion brings about wholesale change in our political, social or environmental landscape.
Consider Brown v. the Board of Education, which found that “separate but equal” schools were inherently unequal. U.S. District Court Judge William Dwyer’s decisions forcing the federal government to comply with the Endangered Species Act and protect the northern spotted owl. Roe v. Wade.
The Washington Supreme Court’s ruling in McCleary v. the State of Washington may not hold the same status; it’s a statewide decision, not a national one. But it’s in that same vein, and its impact could be far-reaching.
The high court did not rule narrowly or on a technicality. In a sweeping, 79-page decision, it ruled that the Legislature has failed over the last 30 years or more to meet the state Constitution’s mandate to adequately and amply fund public education.
Article IX, section 1 of the state Constitution says: “It is the paramount duty of the state to make ample provision for the education of all children residing within its borders.” According to Justice Debra Stephens, author of the majority opinion, the state has repeatedly failed to meet that duty — as teachers, parents and students on Vashon know all too well.
On Vashon, as in other districts, teachers are trying to teach with tattered and outdated books, parents are shouldering more and more of the costs, fundraisers have become commonplace, and students find themselves in crowded classrooms.
Some observers are already questioning the impact of this decision. What recourse does the court have if the Legislature continues to find itself in a political logjam, incapable of reaching a compromise on matters of import?
Lawmakers began their 60-day session this week, where they face their fourth consecutive year of yawning financial shortfalls. New taxes are off the table, they say, because of the Eyman-inspired measure that mandates a supermajority for such legislation. Without additional revenue, the Legislature has no choice but to again cut the budget. And with K-12 education comprising 43 percent of the budget, it’s hard to imagine it will be spared.
But the high court does have power. Should the Legislature fail to act, more lawsuits will be filed, building on this one. Should it fail to act, the governor could be held in contempt, triggering a constitutional crisis.
The rule of law is strong in this country. We trust that our elected leaders — faced with the directive in McCleary v. the State of Washington — will begin to redress a funding system that has put the state near the bottom of the pack on nearly every measure of educational spending. We believe they’ll comply with a judicial and constitutional mandate that their paramount duty is to fund public education.
Change won’t happen overnight. The current crop of kids in our public schools probably won’t benefit from this far-reaching decision. But those of us who care about public education have every right to believe something profound has happened and that a new day is dawning in Washington state.