Ramsdell v. North River School District No. 200

704 P.2d 606, 104 Wash. 2d 264, 1985 Wash. LEXIS 1256
CourtWashington Supreme Court
DecidedAugust 8, 1985
Docket51172-1
StatusPublished
Cited by4 cases

This text of 704 P.2d 606 (Ramsdell v. North River School District No. 200) 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
Ramsdell v. North River School District No. 200, 704 P.2d 606, 104 Wash. 2d 264, 1985 Wash. LEXIS 1256 (Wash. 1985).

Opinions

Dolliver, C.J.

The question presented in this case is whether the trial court erred in ordering that plaintiffs be released from the North River School District so they could attend schools within the Cosmopolis School District. See RCW 28A.58.240, .242. We hold the trial court erred and we reverse.

Teresa and Bryan Ramsdell currently reside with their parents within the North River School District (North River). In September 1982, Teresa was age 10 and in the fifth grade and Bryan was age 13 and in the eighth grade.

The Ramsdell children attended North River schools until the fall of 1981. Approximately 50 children attend schools in North River, which is a fully certified school district. In 1981, while the Ramsdell children were in attendance, North River had employed, and continues to employ, a remedial reading instructor who is trained in special education.

In 1981 the Ramsdells chose to send their children to [266]*266schools in the adjacent Cosmopolis School District (Cos-mopolis). To qualify for attending Cosmopolis schools, the children resided with their uncle, a Cosmopolis resident, during the week and returned home for the weekends.

On August 11, 1982, Mr. and Mrs. Ramsdell requested a release for their children from the North River School District so the children could permanently attend schools in Cosmopolis. See RCW 28A.58.240, .242. The Ramsdells believed their children were receiving an inadequate education at North River and were receiving a superior one in Cosmopolis schools. In support, they cited the following evidence: As to Teresa, (1) a copy of the standardized California Achievement Test, administered in May 1981 while Teresa was attending school in North River, which states Teresa was below the 50 percentile in all academic areas and was in the bottom 1 percent in reading while in the third grade at North River; (2) a report card from North River stating Teresa was "blossoming in academic work"; (3) a reading room report prepared by a teacher in Cos-mopolis stating Teresa was "not at grade level in all areas . . ." As to Bryan, (1) a North River report card awarding him mostly A's and B's and stating that "he is ahead"; (2) Cosmopolis report cards awarding Bryan mostly with C's and D's; and (3) a California Achievement Test result appearing to show that Bryan, on average, was in the 29th percentile.

The Ramsdells also assert they would like their children to attend Cosmopolis schools because they would be exposed to more children in that district. While contending that it would be impractical and financially onerous, Mr. and Mrs. Ramsdell conceded they could, and would, move to Cosmopolis, if necessary.

On August 20, 1982, the Board Secretary of North River denied Mr. and Mrs. Ramsdell's request for a release from North River. The Secretary declared "the Board feels your case does not meet the state or local school guidelines for releases, nor can it be considered a hardship case. ”

This decision was appealed to the Superintendent of [267]*267Public Instruction who affirmed North River's denial of the petition for release. The administrative law judge, whose findings of fact, conclusions of law, and order were adopted by the Superintendent, held that under RCW 28A.58.242 "[t]he existence of an allegedly superior educational program in another school district does not, in and of itself, establish a special hardship or detrimental condition of an educational nature ..." It was further held that the Ramsdells' financial dilemma arose from their own decision to reside in North River and that there were "no special hardships or detrimental conditions of a financial, safety or health nature that would affect appellants or appellants' immediate family if a release from the resident district were not granted.”

The Superior Court reversed the Superintendent, although the court rejected the Ramsdells' "financial hardship" argument. In its memorandum opinion, the court stated that all children, including Teresa and Bryan Rams-dell, were "unique" and, notwithstanding the release statute (RCW 28A.58.242), they should be able to attend the school district which affords them the greatest potential for academic and social growth and development.

The Court of Appeals, Division Two, transferred the case to this court.

Plaintiffs assert the general principle that school districts have the duty to provide, and children have the constitutional right to receive, an ample education. Const, art. 9, § 1. Plaintiffs go on to claim that since the Cosmopolis School District was providing Teresa and Bryan with a better education, by recognizing their academic deficiencies and providing remedial training in connection therewith, there is a state granted constitutional right for Teresa and Bryan to attend Cosmopolis schools. Finally, plaintiffs argue they have proved North River failed to provide a proper education and that this constitutes a detrimental condition which would be alleviated significantly if the children were released to Cosmopolis. See RCW 28A.58.242.

Defendant states it was in compliance with the constitu[268]*268tional mandate requiring it to provide a "basic education". In support, defendant notes North River is a fully certified school district and state law mandates, absent unique circumstances, that children attend schools within their residential districts. Defendant lastly asserts the parents have not met their burden of proving their children would suffer educational detriment in attending North River schools nor have they demonstrated the children were unique, compelling their attendance at Cosmopolis schools.

We reject the parents' claim that their children's state constitutional right to an "ample education" has been violated. See Const, art. 9, § 1; Seattle Sch. Dist. 1 v. State, 90 Wn.2d 476, 517, 585 P.2d 71 (1978). The record before this court does not contain evidence amounting to a constitutional deprivation. Cf. Seattle Sch. Dist. 1, at 486 (school district financing scheme resulting in deteriorating physical plant, a reduction in budgets for books, supplies, staff and programs). There is no evidence North River needs to hire more teachers or staff; the adequacy of the district's physical facilities is not questioned; and the Ramsdells have not set forth standards by which this court may adjudge that their children’s education at North River was constitutionally deficient. While there is some evidence before the court that the Ramsdell children were not "blossoming" in North River schools and were receiving more intensive training at Cosmopolis, we decline, without additional evidence, to transform disparity among school districts into a constitutional violation.

We now turn to plaintiffs' statutory argument.

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Ramsdell v. North River School District No. 200
704 P.2d 606 (Washington Supreme Court, 1985)

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Bluebook (online)
704 P.2d 606, 104 Wash. 2d 264, 1985 Wash. LEXIS 1256, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ramsdell-v-north-river-school-district-no-200-wash-1985.