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November 16, 2017

November 15 Supreme Court McCLeary Ruling Summation from Network for Excellence in Washington Schools (NEWS)

WSPTA is an original member of The Network for Excellence in Washington Schools (NEWS). Below is a summation from NEWS of yesterday’s ruling.

The Supreme Court’s November 15, 2017 Order did three things:

  1. It unanimously rejected the State’s claim that the 2017 legislature satisfied the court
    orders in the McCleary case. It unanimously rejected the State’s claim that lawmakers
    cured their ongoing contempt of court. It unanimously rejected the State’s claim that
    sanctions should be lifted. And it unanimously rejected the State’s claim that the Court
    should relinquish jurisdiction and terminate the McCleary case.
  2. It unanimously ordered the State to provide the additional $1 billion of salary funding
    that the State, by its own admission, acknowledged would be required to fully fund the
    State’s new salary model for the 2018-2019 school year. It unanimously ordered that this
    $1 billion must be enacted by the end of the legislature’s 2018 regular session (i.e.,
    March 8). And it unanimously warned that if lawmakers fail to do so, the Court will
    “immediately” address the need to impose stronger sanctions – which, as lawmakers
    know from prior McCleary case filings, include enforcement options such as suspending
    all tax exemptions enacted by the legislature in order to pressure lawmakers to comply
    with the Court’s Order.
  3. It put the State’s new funding formulas on a short leash to let them prove themselves
    constitutionally adequate in practice. Trusting the legislature’s assurance that it is
    “reasonably likely” that the State’s prototypical school model formulas will amply fund
    all ten components of the State’s basic education program, the Court said: “At this point,
    the court is willing to allow the State’s program to operate and let experience be the judge
    of whether it proves adequate.” Thus, once a school district operates under the current
    State funding formulas, the McCleary decision’s “paramount duty”, “amply fund”, and
    “all children” requirements will measure if those formulas prove themselves
    constitutionally adequate in practice.
                    [The November Order’s discussion recapped that the ten components of the
    State’s basic education program are: (1) pupil transportation, (2) Materials, Supplies,
    and Operating Costs (MSOCs), (3) Full-Day Kindergarten, (4) K-3 class sizes of
    17 students per classroom, (5) Special education, (6) Remediation (Learning Assistance
    Program/LAP), (7) Transitional Bilingual Education (Transitional Bilingual
    Instructional Program/TBIP/English Language Learners/ELL), (8) Highly capable
    student instruction, (9) Core 24 (increasing high school graduation requirements from 20
    credits of instruction to 24), and (10) Compensation sufficient to attract, recruit, and
    retain competent teachers, administrators, & staff to implement the above components.]
Category: Advocacy , Education , Legislative

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