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Washington lawmakers held in contempt on education

DONNA GORDON BLANKINSHIP
Associated Press

SEATTLE (AP) — The Washington Supreme Court issued a decision Thursday holding the Legislature in contempt for its lack of progress on fixing the way the state pays for public education but withheld possible punishment until after the 2015 session.

The court promised to reconvene and impose sanctions and other remedial measures if lawmakers do not make plans to solve the problem by the end of that session.

Possible sanctions include fines for the Legislature or individual lawmakers, having the court rewrite the state budget, and revoking tax exemptions.

Gov. Jay Inslee said no one should be surprised by the court’s order.

“I urged lawmakers to act this year and agreed with the court that we must do more to adequately fund education, which I believe is both a constitutional and moral obligation,” Inslee said.

The cost of those reforms has been estimated at $4 billion or more in each biennial state budget. The Legislature has been struggling to find the money to pay for the changes since the economic downturn.

In its most recent budget, lawmakers added about $1 billion in education funding. However, the split Legislature — Republicans control the Senate, Democrats the House — has been unable to reach agreement over where to cut elsewhere or how to raise taxes to fully satisfy the court.

And lawmakers are already staring at a budget shortfall.

The governor’s budget office has said that without including the McCleary decision, the projected shortfall for the next spending period is nearly $1 billion. To fully satisfy the court on education, that deficit could be up to $3 billion for the 2015-17 biennium.

A statement signed by Chief Justice Barbara Madsen said the high court was not impressed by the state’s presentation at a hearing in Olympia that explained the Legislature’s lack of progress toward paying all the costs of basic education.

“The court has no doubt that it already has the Legislature’s ‘attention,'” she wrote. “Contempt is the means by which a court enforces compliance with its lawful orders when they are not followed.”

The state Supreme Court ruled in January that Washington’s system of education funding is unconstitutional. It gave the Legislature until the 2017-18 school year to fix the problem that was presented to the court in a lawsuit filed by a coalition of teachers, parents, students and community groups.

The coalition’s attorney, Thomas Ahearne, said that Thursday’s order was as good as he could hope for because the 2014-15 school year has started and a special legislative session probably wouldn’t help kids this year.

“It wipes out all the excuses that legislators tell themselves why they don’t have to do anything,” Ahearne said.

The order says that if the Legislature does not fix the problem, the court and attorneys will talk after the session about what kind of punishment to impose.

Most states have faced lawsuits over the way they pay for education, but few have seen that conflict result in a contempt order.

In 1976, New Jersey’s Supreme Court ordered public schools shut down for eight days over the summer after lawmakers failed to put more money into education. That crisis resulted in the adoption of a state income tax.

The Washington court’s order is “a little more drastic than we’ve seen in some of the other states,” said Robert F. Williams, associate director of the Center for State Constitutional Studies at the Rutgers University law school.

In the original McCleary decision, the high court commended lawmakers for passing reforms in the K-12 system and for starting to pay for them. Now, they have to finish paying for those reforms and stop relying on local tax-levy dollars to pay for some of the expenses of basic education, the court said.

Among the reforms awaiting money are all-day kindergarten in every school; more instructional hours for high school students to help them earn 24 credits to graduate; pupil transportation fully supported by state dollars; a new formula for school staffing levels and smaller class sizes; and more state support for school equipment and supplies.

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AP reporters Gene Johnson in Seattle and Rachel La Corte in Olympia contributed to this story.

Copyright 2014 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

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