Schools to state: Pay more or be sued

By MIKE HALLIDAY

The Mirror

Federal Way Public Schools will join at least two other school districts in suing the state for full state funding of special education.

The School Board here unanimously approved a resolution directing superintendent Tom Murphy to file a lawsuit.

Districts are paying a portion of special-education funding from levy dollars. The districts participating in the lawsuit along with Federal Way –– Lake Washington and Issaquah –– argue that Washington's constitution and previous court rulings require the state government to fund all of the dollars for basic education which includes special education. At least five other districts are considering the suit.

Christopher Hirst, an attorney with the Preston, Gates, Ellis law firm of Seattle and representing the three districts, said the case would likely be filed in Thurston County this fall.

During the 2002-03 school year, the Federal Way district spent more than $2.8 million from the local levy to cover the gap in special education the state did not fund. In 2001-02, the district spent more than $2.9 million, or more than 13 percent of the levy dollars collected. More than 2,700 students in 2001-02 were in special education in Federal Way.

The state funds districts based on enrollment. Students in traditional classrooms qualify the district for a certain amount of state funding. Districts also receive basic-education dollars for each student in special education, and get additional money for funding special education.

Generally speaking, special-education classes are more expensive because of the need for specialists, training, equipment and more school employees per student than in traditional classrooms.

Who is responsible for financing special education –– and basic education –– in public schools has been a matter of debate for decades. The state's court system, in three decisions in the late 1970s and early 1980s, directed the state to fund basic education, including special education, and levy dollars were not meant to fill holes in state funding leaves.

"It should be considered a problem," Murphy said.

The matter was an illustration of some board members' earlier comments. Bob Mullen and Earl VanDorien Jr. noted repeatedly that the state was not fully funding educatio,n which was causing the district to eliminate some programs.

Board member Ed Barney requested the two-page resolution be read at Tuesday's board meeting despite being read aloud at an earlier meeting. Barney explained the second reading was "for any of our legislators who may have not heard it the first time."

State Rep. Skip Priest said it's unfortunate the situation has come to the point that school districts are planning to sue the state.

He had not had a chance to review the specifics of Federal Way's resolution, but Priest said it was "up to all of us who represent the district to look into this." He said he hoped his colleagues in Olympia will sense the urgency of the matter when the Legislature convenes next year.

Rep. Mark Miloscia, who represents the same 30th District as Priest, said the House of Representatives tried to correct the problem in the 2004 session, but the issue expired in the Senate.

Priest said Federal Way Public Schools joining the lawsuit is important because the district and community tend to be considered a "benchmark" in Olympia. The district has many of the attributes of districts larger and smaller than Federal Way, he said.

The community "tends to be a bellweather," Priest said.

Hirst said the plan is for the districts instigating the lawsuit to watch the Legislature in its next session. If full funding becomes a reality, the case will cease, but if not, the legal action will go forward.

Other groups are weighing in on the lawsuit. The Washington State Special Education Coalition (WSSEC) is opposed to the suit and stated in a letter that it will intervene if the suit is filed.

In its letter, WSSEC argued special-education shouldn't be singled out by the districts, and basic education funding for all grades should be the focus of the districts. The group fears special-education students will face segregation in schools and create a public perception that too much money is spent on those students.

VanDorien and Barney agreed with WSSEC that the issue of funding of basic education at all grades needed to be addressed and the state convinced to do more. But, they said, it was better for the district to take one piece of funding at a time.

"I think this is a step in the right direction," VanDorien said.

The state teachers' union, the Washington Education Association, isn't taking a side in the dispute.

But the union does agree that special education is underfunded by the state, said spokeswoman Debra Carnes, and the group will work with others interested in increasing state funding.

Part of the reason the districts are taking the state to court over special education is because there is evidence to support the claim.

Sally McLean, the Federal Way district's chief financial officer, said districts have tightened their procedures and make sure all documentation and planning is current. Students are counted for special education only if they have current paperwork and evidence stating there is a need.

All of this wasn't the case a decade or more ago when districts were more relaxed in documenting students in special education. The state claimed at the time that the districts weren't accurately accounting for special-education students and there were audits to determine the actual number.

Staff writer Mike Halliday: 925-5565, mhalliday@fedwaymirror.com

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