On October 30, 2006, an alliance of 12 school districts from throughout the state began its first day in court, charging that the state of Washington has consistently failed to fully fund special education programs.
Two years ago, the School Districts’ Alliance filed the lawsuit against the state. The members of the Alliance are Bellingham, Bethel, Burlington-Edison, Everett, Federal Way, Issaquah, Lake Washington, Mercer Island, Northshore, Puyallup, Riverside and Spokane School Districts.
"We have been waiting patiently for our day in court," said Brian Benzel, the superintendent of Spokane Public Schools. "We look forward to this trial."
More than 70 school districts have joined the friend of the court brief filed by the Tacoma School District in support of the Alliance. These school districts are located all over the state. They include Vancouver and Seattle School Districts as well as Moses Lake and Yakima School Districts. All together the Alliance and Amicus School Districts serve more than 62 percent of the students receiving special education services in this state.
The school districts say that the state’s failure to meet its constitutional obligation regarding special education is forcing many of them to make cuts or pay for the programs with local levy dollars meant for enrichment programs for all students.
"We are committed to honoring the rights and dignity of all of our students," said Carol Whitehead, the superintendent of Everett School District. "By failing to fully fund special education programs, the State forces school districts to make cuts and to tap into levy dollars that should be used to fund programs that serve all students."
In today’s opening statements in court, attorneys for the school districts asked Thurston County Superior Court Judge Thomas McPhee to make a determination that the state’s current special education funding formula is unconstitutional.
In previous cases, the courts have ruled that the state is obligated to fully fund basic education and that special education falls within that obligation.
School district officials say the state has not kept up with either the increasing costs or the increasing number of students in special education programs.
"We have observed a growth in our special education population," said Mike Merlino, chief fiscal officer of Evergreen School District in Clark County, one of the 72 school districts that signed the amicus brief. "Our special education program is under funded. We and many other school districts support the work of the Alliance."
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