Brown v. State

119 P.3d 341
CourtWashington Supreme Court
DecidedSeptember 8, 2005
Docket75878-6
StatusPublished
Cited by22 cases

This text of 119 P.3d 341 (Brown v. State) is published on Counsel Stack Legal Research, covering Washington Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Brown v. State, 119 P.3d 341 (Wash. 2005).

Opinion

119 P.3d 341 (2005)

Jason BROWN, a Washington State voter, taxpayer, and a Federal Way School District teacher; Rebecca Fife, a Washington State voter, taxpayer, and a Federal Way School District teacher, Margo Campbell, a Washington State voter, taxpayer, and an Issaquah School District teacher; Suzanne Saylor, a Washington State voter, taxpayer, and an Issaquah School District teacher; Jim Gow, a Washington State voter, taxpayer, and a Lake Stevens School District teacher; Sheerie Slatton, a Washington State voter, taxpayer, and a Kettle Falls School District teacher; Mike Hymes, a Washington State voter, taxpayer, and a Moses Lake School District teacher; Steve Lindholm, a Washington State voter, taxpayer, and a Moses Lake School District teacher; Karle Warren, a Washington State voter, taxpayer, and a Clarkston School District teacher; and Washington Education Association, a Washington non-profit corporation, Respondents,
v.
STATE of Washington, Appellant,
Federal Way School District No. 210, a Washington State Public School District; Issaquah School District No. 411, a Washington State Public School District; Lake Stevens School District No. 4, a Washington State Public School District; Kettle Falls School District No. 212, a Washington State Public School District; Moses Lake School District No 161, a Washington State Public School District; and Clarkston School District No. 250, a Washington State Public School District, Interested Parties.

No. 75878-6.

Supreme Court of Washington, En Banc.

Argued June 28, 2005.
Decided September 8, 2005.

*342 David Alan Stolier, Olympia, for State of Washington.

Thomas Fitzgerald Ahearne, Alice M. Ostdiek, Ramsey E. Ramerman, Foster Pepper & Shefelman PLLC, Seattle, for Jason Brown, et al.

Rockie Ulrich Hansen, Rockie Hansen PLLC, Spokane, for Other Parties Clarkson School Dist. No. 250 and Kettle Falls School Dist. No. 212.

Lester Porter, Lance M. Andree, Dionne & Rorick, Seattle, for Other Party Federal Way School District No. 210, et al.

Christopher Lee Hirst, Philip Mosby Guess, Preston Gates & Ellis LLP, Seattle, for Other Party Issaquah School Dist. No. 411.

Michael W. Hoge, Perkins Coie, Seattle, for Other Party Lake Stevens School Dist. No. 4.

Craig Hanson, Hanson Law Offices, Olympia, for Other Party Moses Lake School Dist. No. 161.

CHAMBERS, J.

¶ 1 For many years, the legislature funded up to three optional learning improvement days for local school districts. After passage of Initiative 732 and in the wake of strained budgets, the legislature decided to fund a maximum of two learning improvement days for the 2002-03 school year.

¶ 2 We are asked to hold that this change was a violation of the State's paramount duty to provide for a general and uniform system of education. Const. art IX, §§ 1-2. Alternatively, we are asked to hold it effectively resulted in a cost of living increase lower than required by Initiative 732.

¶ 3 We conclude that learning improvement days are optional and are not necessarily a component of the basic education the State is obliged to provide to all children. Thus this change has not been shown to violate our constitution. We also hold that the legislature did not indirectly violate Initiative 732 when it eliminated one optional learning improvement day. Accordingly, we reverse the trial court.

*343 I

¶ 4 We begin with first principles:

It is the paramount duty of the state to make ample provision for the education of all children residing within its borders, without distinction or preference on account of race, color, caste, or sex.
The legislature shall provide for a general and uniform system of public schools.

CONST. art. IX, §§ 1-2. This constitutional provision is substantive and enforceable. See generally Seattle Sch. Dist. No. 1 v. State, 90 Wash.2d 476, 585 P.2d 71 (1978). Almost 30 years ago, courts in this state reluctantly concluded that the legislature had not provided a general and uniform system of public schools as required by the constitution, because school funding largely relied on local levies which often failed rather than regular and dependable tax sources. Id. However, out of our respect for the constitution's delegation of responsibility and authority to the legislature to provide education, this court declined to impose specific substantive requirements at that time, leaving that task to the legislature. Id. at 518-19, 585 P.2d 71.

¶ 5 The legislature has chosen to discharge its responsibility to provide a general and uniform system of education through The Washington Basic Education Act of 1977 (Basic Education Act), RCW 28A.150.200 through .510. The Basic Education Act, among other things, requires school districts to offer certain minimum hours of instruction and mandates certain staffing ratios. RCW 28A.150.220, .260.

¶ 6 The State pays the base salaries of all teachers and staff it requires school districts to employ for all 180 instructional days that it deems necessary to provide a basic education. E.g., LAWS OF 2002, ch. 371, § 503(7). The Basic Education Act itself does not set forth salaries; the salary structure is set forth elsewhere in the title. See RCW 28A.400.200. The act does set out minimum staffing ratios[1] which are statutorily designated as constitutionally required. RCW 28A.150.260. The amount that the State pays for teachers and staff it requires school districts to hire for the 180 day instructional year is called the "derived base salary," and is calculated according to schedules put forth in appropriation bills and an administrative document called the "LEAP 1S," with some exceptions not relevant here. See, e.g., LAWS OF 2001, 2d Spec. Sess., ch. 7, § 503.

¶ 7 The 1993 legislature authorized districts to assign non-instructional "learning improvement days." LAWS OF 1993, ch. 336, § 301; see also RCW 28A.655.130. On these days, teachers would receive additional training, among other things. RCW 28A.655.130(1). The decision to provide learning improvement days came out of a review of public education by the governor's counsel on education reform and funding in the early 1990s. During the pilot program stage, the legislature allowed school districts to apply for grants to fund these days. School districts were not required to take advantage of the program and the statute authorizing the pilot program explicitly said that it was not part of basic education. See LAWS OF 1993, ch. 336 § 301(8).

¶ 8 Whether or not to hold learning improvement days is and always has been at the discretion of the local school district, and school districts are not required to use as many as the legislature authorizes.

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Bluebook (online)
119 P.3d 341, Counsel Stack Legal Research, https://law.counselstack.com/opinion/brown-v-state-wash-2005.