School Districts' Alliance for Adequate Funding of Special Education v. State

170 Wash. 2d 599
CourtWashington Supreme Court
DecidedDecember 9, 2010
DocketNo. 82961-6
StatusPublished
Cited by38 cases

This text of 170 Wash. 2d 599 (School Districts' Alliance for Adequate Funding of Special Education 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
School Districts' Alliance for Adequate Funding of Special Education v. State, 170 Wash. 2d 599 (Wash. 2010).

Opinions

Owens, J.

¶1 This case concerns a challenge to the special education funding mechanism in Washington State. The School Districts’ Alliance for Adequate Funding of Special Education (Alliance) argues that the Court of Appeals erred when it held that the State’s procedures for [602]*602funding special education do not violate the Washington Constitution. The Alliance argues that the Court of Appeals (1) used the wrong standard and (2) improperly included the Basic Education Allotment (BEA) in its analysis when it determined whether special education is adequately funded. We affirm the Court of Appeals and hold that when the proper standard is applied, the existing funding mechanism for special education does not violate the Washington Constitution.

FACTS

¶2 The Washington Constitution provides that “[i]t 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.” Const, art. IX, § 1. We have held that the State’s paramount duty is to make ample provision for basic education through “dependable and regular tax source [s].” Seattle Sch. Dist. No. 1 v. State, 90 Wn.2d 476, 526, 585 P.2d 71 (1978). Special excess levies cannot be used to pay for basic education, though they can be used for “ ‘enrichment program [s].’ ” Id.

¶3 Special education is designed to ensure that all children with disabilities receive an appropriate education at public expense. RCW 28A.155.010. Special education in Washington is funded through three mechanisms. The first is the BEA, which the State provides to districts based on the average annual full-time equivalent enrollment of all students, both special education students and other students, in the district. RCW 28A.150.250; Laws of 2005, ch. 518, § 502(2). It is undisputed that “special education students are entitled to the full [BEA].” Laws of 2005, ch. 518, § 507(2)(a)(ii). Basic education, as defined by the legislature, is considered fully funded by the BEA. RCW 28A.150.250.

¶4 In addition, special education students receive excess funding from the State “[t]o the extent a school district cannot provide an appropriate education for special educa[603]*603tion students . . . through the general apportionment allocation.” Laws of 2005, ch. 518, § 507(1). This excess special education funding is provided “on an excess cost basis” and is equal to a “district’s annual average full-time equivalent basic education enrollment multiplied by the funded enrollment percent . . . multiplied by the district’s average basic education allocation per full-time equivalent student multiplied by 0.9309.” Laws of 2005, ch. 518, § 507(1), (5)(a)(ii). Essentially, the State provides each school district with additional special education funding that is 0.9309 times the BEA for each special education student.

¶5 The third means by which the State funds special education is through the “safety net,” which awards additional monies to “districts with demonstrated needs for special education funding beyond the amounts provided” by the BEA and the excess special education funding. Laws of 2005, ch. 518, § 507(8). Presently, state safety net funds are available for students whose excess cost of special education services exceeds approximately $15,000, and federal safety net funds are also available for excess costs above approximately $21,000. When awarding safety net funding, the State considers “unmet needs for districts that can convincingly demonstrate that all legitimate expenditures for special education exceed all available revenues from state funding formulas.” Laws of 2005, ch. 518, § 507(8)(a). Safety net awards cannot be based on “program costs attributable to district philosophy, service delivery choice, or accounting practices.” Id.

¶6 The Alliance filed suit alleging that the State was not fully funding special education, forcing school districts to unconstitutionally use special excess levies to attain adequate funding. The Alliance presented evidence of underfunding from “F-196 reports” (annual financial documents that school districts submit to the State that list education revenues by source and accounting for expenditures by program) and “Worksheet A” (an application for safety net funding demonstrating financial need for addi[604]*604tional safety net funding). In presenting this evidence, the Alliance omitted the funding that came from the BEA, arguing that school districts expend the entire BEA for special education students in the basic education classrooms. The trial court found that the Alliance had not proved that the State’s special education funding formula was unconstitutional beyond a reasonable doubt. Specifically, the trial court ruled that a district must expend all of the BEA and all of the excess special education funding before it can contend that the legislature has underfunded special education. The Alliance appealed to the Court of Appeals, arguing, among other claims, that the trial court erred by (1) including the BEA as part of the total special education funding, (2) requiring the Alliance to prove that the funding mechanism was unconstitutional beyond a reasonable doubt, and (3) finding that the additional 0.9309 multiplier was rational. The Court of Appeals affirmed, holding that the Alliance had not met its burden to prove beyond a reasonable doubt that the special education funding mechanism violated the Washington Constitution. Sch. Dists.’ Alliance for Adequate Funding of Special Educ. v. State, 149 Wn. App. 241, 266, 202 P.3d 990 (2009). The Alliance petitioned for review, which we granted. Sch. Dists.’ Alliance for Adequate Funding of Special Educ. v. State, 166 Wn.2d 1024, 217 P.3d 337 (2009).

ISSUES

¶7 1. What is the correct standard for determining whether the State’s special education mechanism violates the Washington Constitution?

¶8 2. Should the BEA be included when we determine if Washington adequately funds special education?

¶9 3. Does article VIII, section 4 of the Washington Constitution preclude applying the BEA to special education?

[605]*605ANALYSIS

I. The Proper Standard Is “Beyond a Reasonable Doubt”

¶10 The Alliance argues that the Court of Appeals used the incorrect standard when it determined that the Alliance must prove the special education mechanism unconstitutional “beyond a reasonable doubt.” Sch. Dists.’ Alliance, 149 Wn. App. at 266. The Alliance asserts that since the State’s paramount duty is to make ample provision for the education of children, a lower standard should apply to the petitioners. We disagree and affirm the long standing rule that a party challenging a statute’s constitutionality must prove it unconstitutional “beyond a reasonable doubt.”

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170 Wash. 2d 599, Counsel Stack Legal Research, https://law.counselstack.com/opinion/school-districts-alliance-for-adequate-funding-of-special-education-v-wash-2010.