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

149 Wash. App. 241
CourtCourt of Appeals of Washington
DecidedMarch 10, 2009
DocketNo. 36294-5-II
StatusPublished
Cited by7 cases

This text of 149 Wash. App. 241 (School Districts' Alliance for Adequate Funding of Special Education v. State) is published on Counsel Stack Legal Research, covering Court of Appeals of Washington 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, 149 Wash. App. 241 (Wash. Ct. App. 2009).

Opinion

[245]*245¶1 The School Districts’ Alliance for Adequate Funding of Special Education (Alliance)1 sought to have the courts declare statutes governing Washington State’s special education funding process unconstitutional both facially and as applied. The trial court agreed with the Alliance that the 12.7 percent cap on the number of funded students was unconstitutional,2 but it held that the Alliance had improperly excluded the basic education allocation (BEA) in calculating the amount of funding available to school districts for special education and, therefore, had not proved beyond a reasonable doubt that Washington’s special education funding process violated article IX, section 1 of the Washington State Constitution. The Alliance appeals.3

Quinn-Brintnall, J.

¶2 We agree with the trial court that the Alliance failed to meet its burden to prove beyond a reasonable doubt that the statutes governing Washington’s special education funding process are unconstitutional and affirm.

ANALYSIS

Washington State’s Framework for Special Education

¶3 The Washington State Constitution in article IX, section 1 provides that “[i]t is the paramount duty of the [Sjtate to make ample provision for the education of all [246]*246children residing within its borders, without distinction or preference on account of race, color, caste, or sex.” Article IX, section 1 is not merely a statement of moral principle but, rather, sets forth a mandatory and judicially enforceable affirmative duty. Seattle Sch. Dist. No. 1 v. State, 90 Wn.2d 476, 500, 585 P.2d 71 (1978).

¶4 In 1971, the legislature declared special education a part of the State’s constitutional obligation and established a state-wide special education program. Former ch. 28A.13 RCW (1971).4 The Office of the Superintendent of Public Instruction (OSPI), in turn, established a regulatory framework governing special education. Former ch. 392--171 WAC (1975).5 As a result, Washington’s school districts are constitutionally required to provide special education services to any student with a qualifying disability that adversely affects his or her educational performance and requires special education. Former RCW 28A. 155.020 (1995); former WAC 392-172-030, -035(2) (2001). And article IX requires the State to create and “provide for a general and uniform system of public schools,” Wash. Const. art. IX, § 2, and make “ample provision for the education of all children residing within its borders.” Wash. Const. art. IX, § 1 (emphasis added).

f 5 Although the Alliance urges us to actively assert a paramount duty to educate children and “do more than review the Legislature’s acts under a highly deferential standard,” Br. of Appellant at 43, it is well established that courts have no such authority. “[W]here the constitutionality of a statute is challenged, that statute is presumed constitutional and the burden is on the party challenging the statute,” here, the Alliance, “to prove its unconstitutionality beyond a reasonable doubt.” Tunstall v. Bergeson, 141 Wn.2d 201, 220, 5 P.3d 691 (2000), cert. denied, 532 U.S. 920 (2001). Unless a court is fully convinced that a statute [247]*247violates the constitution, it lacks the authority to override a legislative enactment. Tunstall, 141 Wn.2d at 220 (citing Island County v. State, 135 Wn.2d 141, 147, 955 P.2d 377 (1998) (striking down statute authorizing creation of community council because the statute violated the state constitution as “special legislation” prohibited by article II, section 28(6))); State v. Clinkenbeard, 130 Wn. App. 552, 560, 123 P.3d 872 (2005) (upholding statute making it a class C felony for any school employee to have sexual intercourse with a registered student of the school who is at least 16 years old if there is an age difference of 5 years or more between the employee and the student).

¶6 Whenever possible, a court must construe a statute as constitutional. State v. Farmer, 116 Wn.2d 414, 419-20, 805 P.2d 200, 812 P.2d 858 (1991). Notwithstanding the Alliance’s argument to the contrary, there is no exception for challenges to the constitutionality of statutes designed to carry out article IX’s “paramount duty.” See Brown v. State, 155 Wn.2d 254, 266, 119 P.3d 341 (2005). Nor is there an exception for constitutional challenges to the appropriations act. See, e.g., Retired Pub. Employees Council of Wash. v. Charles, 148 Wn.2d 602, 623, 62 P.3d 470 (2003).

¶7 The practical effect of a court ruling that a statute is unconstitutional on its face is to render it “ ‘utterly inoperative.’ ” Tunstall, 141 Wn.2d at 221 (internal quotation marks omitted) (quoting In re Det. of Turay, 139 Wn.2d 379, 417 n.27, 986 P.2d 790 (1999), cert. denied, 531 U.S. 1125 (2001)). When addressing facial challenges to the constitutionality of a statute, our focus is on whether the statute’s language violates the constitution, not whether the statute would be unconstitutional “ ‘as applied’ ” to the facts of a particular case. Tunstall, 141 Wn.2d at 220-21 (citing JJR Inc. v. City of Seattle, 126 Wn.2d 1, 3-4, 891 P.2d 720 (1995)). “ ‘[A] facial challenge must be rejected unless .. .no set of circumstances [exists] in which the statute can constitutionally be applied.’ ” Tunstall, 141 Wn.2d at 221 (first alteration in orginal) (quoting Turay, 139 Wn.2d at 417 n.27).

[248]*248¶8 In evaluating the Alliance’s challenge that these statutes are unconstitutional on their face, we must determine first what article IX, section 1 requires and then decide whether the Alliance has provided sufficient evidence to prove beyond a reasonable doubt that there is no set of circumstances under which the legislature’s statutory special education funding process could satisfy the minimum due under article IX, section 1.

¶9 Under an “as applied” challenge, the party challenging the statute contends that the statute, as actually applied, violated the constitution. Tunstall, 141 Wn.2d at 223 (citing Turay, 139 Wn.2d at 417 n.27). Thus, under an “as applied” challenge, the Alliance must prove beyond a reasonable doubt that the legislature failed to adequately fund special education in their districts, forcing them to rely on levy funds.

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Bluebook (online)
149 Wash. App. 241, Counsel Stack Legal Research, https://law.counselstack.com/opinion/school-districts-alliance-for-adequate-funding-of-special-education-v-washctapp-2009.