Chimacum schools-related case about state school funding in judge’s hands

CHIMACUM — Mike Blair, superintendent of the Chimacum School District, believes the King County Superior Court trial over school funding — in which he as a representative of Chimacum was a plaintiff — went as well as it could have, he said.

Now, Blair plays the waiting game.

“I thought the trial was very professional, and both sides presented their arguments with a lot of passion,” Blair said.

“I feel like we brought a lot of solid evidence that showed the state is not funding basic education, and I thought we presented real-world information on what happens on the ground level of public schools.

“Now we wait 90 days and see what the judge decides.”

The district educates just over 1,000 students in Jefferson County and is one of the lead plaintiffs in a lawsuit over school financing claiming that the state is not adequately paying for public education.

King County Superior Court Judge John Erlick heard closing arguments Wednesday in the trial, which pits more than 70 education-related plaintiffs who filed suit against the state of Washington.

‘Not enough tools’

Chimacum is part of a coalition calling itself Network for Excellence in Washington Schools.

It’s comprised of 29 other school districts, including many of state’s largest — Seattle, Spokane, Kent and Federal Way — as well as parent, teacher, and community groups. None of the school districts other than Chimacum is on the North Olympic Peninsula.

Blair chairs the coalition.

He and his fellow plaintiffs want the court to tell the Legislature to do what they say it has failed to do for decades: Provide ample funding for basic education.

The state says it is meeting its duties as mandated by the state Supreme Court in 1978 and the state Constitution.

Still, Blair said if the state wants to mandate success in schools, schools need to receive the tools necessary to succeed..

“School success is being based on accountability with all the state bills and the No Child Left Behind Act,” Blair said.

“The demands are there, but there is no money that has come to achieve them.”

Blair said he hopes Erlick will declare four things when he issues his ruling:

• Three key words — “paramount,” “ample” and “all” — mean precisely what they say, and not merely “important,” “barely enough” and “most.”

• Basic education should be defined by three standards: the State Supreme Court’s 1978 ruling, when the Seattle School District similarly sued the state; by the minimum knowledge and skills set forth in HB 1209, and by Washington’s nine Essential Academic Learning Requirements.

• The state is not currently complying with its constitutional mandate to amply provide for the basic education of all children.

• The state must establish both the actual cost of compliance and the means for funding compliance.

“I hope he comes back with exactly what we’ve asked for,” Blair said.

“But we have to wait and see.”

Ruling difficult

Erlick told lawyers on Wednesday his task is neither easy nor entirely clear — and that he expects to issue a ruling in about three months.

Since the end of August, Erlick has heard from about 30 witnesses and read through numerous depositions from school superintendents, state officials, lawmakers and education finance experts.

Much of the testimony focused on how much it costs to run a school district, whether the state is meeting its obligations, if student achievement is connected to school funding and whether the Legislature’s attempts at school reform have been adequate.

The non-jury trial began Aug. 31, with Blair giving a nearly item-by-item explanation of the costs to run the Chimacum School District, explanations of where the money comes from and places where a lack of money has caused cutbacks.

He also said the 2009 Legislature’s efforts at school finance reform was a long overdue first step.

Lawmakers passed a bill this year that aims to reform the way the state distributes education dollars — but did not actually implement the reforms.

Instead, lawmakers formed several task forces to decide how to take the next step.

The case is in many ways a continuation of a lawsuit decided by the state Supreme Court 31 years ago.

The ruling in Seattle School District v. State said Washington must fully pay for its definition of basic education.

State wants time

Thomas F. Ahearne, the attorney representing the Network for Excellence, argued the state has dragged its feet for decades and has never met the requirements set out in the 1978 lawsuit.

Washington Assistant Attorney General Bill Clark said the Legislature has made much progress over the years and is ready to take another big step in amply providing for basic education.

He urged the judge to give the Legislature time to finish its education reform efforts and said Ahearne did not present enough evidence to prove his case.

Clark said the district superintendents who testified that their schools were not adequately supported did no prove it.

The state’s witnesses testified that more money does not necessarily translate into improved student performance.

They said the system cannot guarantee that students will succeed, that it can only give them the tools.

Clark emphasized that the Legislature has the exclusive right to implement state law and to decide how it would be implemented.

He questioned what possible ruling Erlick could make other than to say, keep doing what you’re doing.

“The problem with this lawsuit: it was filed in 2007, events have overtaken it and the remedy is moot,” Clark said.

Blair, who is retiring at the end of this year, said he is proud of what the Chimacum district has accomplished.

“I think we do a pretty good job with what we have,” Blair said.

“And I think the state and federal standards are great.

“They are great standards, but communities shouldn’t have to use local levy dollars for things like this. It’s just not fair.

“What we really want is for education at our school to provide the knowledge and skills kids need to take part in a democratic society and to contribute to a free trade market in the real world.”

Blair said his organization’s full stance could be found online at http://www.waschoolexcellence.org/.

Reporter Erik Hidle can be reached at 360-385-2335 or at erik.hidle@peninsuladailynews.com

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