A King County Superior Court judge ruled Thursday that the state was not meeting its mandate to fully fund basic education wrapping up a lawsuit brought by the Network for Excellence in Washington Schools in 2007.

Among the more than 70 groups in NEWS is the Kent School District, which serves students in Covington, as well as Kent.

Kent Superintendent Edward Lee Vargas was cautiously optimistic following the ruling.

“We are encouraged by Judge Erlick’s ruling today,” Vargas said in a statement. “With this decision behind us, we look forward to our state legislators working together to providing a clear definition of basic education and how it is funded. This ruling is good news for our students, good news for the school reform movement and good news for our community as we work together to ensure that each and every student is successfully prepared for college and career.”

King County Judge John Erlick said that the state is still not following through 30 years after the State Supreme Court ruled in a case brought by the Seattle School District that it needed to do a better job of funding education.

“The State has made progress toward this Constitutional obligation, but remains out of compliance,” Erlick said in his written ruling. “State funding is not ample, it is not stable, and it is not dependable. Local school districts continue to rely on local levies and other non-State resources to supplement state funding for a basic program of education. Recent legislation addresses, but does not resolve, the perennial underfunding of basic education. Accordingly, the State is directed to determine the cost of amply providing for basic education and a basic program of education for all children resident in the State of Washington. The State must also comply with the Constitutional mandate to provide stable and dependable funding for such costs of basic education.”

Both the Kent and Tahoma school districts have a pair of levies on the ballot to pay for technology as well as operational and education programs, with the second levy accounting for about 20 percent of the districts annual budgets.

Stephanie McLeary, whose children are in the Chimacum School District, and Snohomish School District parent Patty Venema were the co-lead plaintiffs, according to information on the NEWS Web site, www.waschoolexcellence.org.

The purpose of the lawsuit was to determine if the state was fulfilling its duty to amply provide for the education of all Washington students as outlined in the state’s constitution.

Both McLeary and Venema testified that their families spent too much time raising money for programs and supplies the state failed to fund.

McLeary said that her children, Kelsey and Carter, were the reasons she signed on as a plaintiff in the lawsuit.

The trial began the last week in August and wrapped up in mid-October.

Prior to the ruling, State Rep. Pat Sullivan, D-Covington, told the Reporter he was keeping an eye on the lawsuit as he was working on education bills during this year’s 60 day legislative session.

Sullivan said that if the judge ruled in favor of NEWS it would “put some extra pressure for the Legislature to step up and meet our obligations.”

Following the ruling, Sullivan released a statement saying the ruling reinforces what he and other legislators have been trying to accomplish in recent years.

“The message from the court is the same message we’ve been hearing from teachers, parents and education leaders for years – the state’s first and foremost budget priority must be a quality education for our state’s children,” Sullivan said. “Last year, we passed House Bill 2261 which set the stage for dramatic improvements to how we fund education and ensure every child receives a quality education. This year, we’re taking the next step with House Bill 2776 which lays out the new formulas and sets up a timeline over the next three years to fully fund transportation and basic operating costs of our schools. This bill doesn’t quite get us to full funding of basic education but is a bold second step.”

With an expected budget shortfall of $2.6 billion, Sullivan said, it will continue to be a challenge but he believes the Legislature can comply with the ruling.

“Despite the tough economic climate, legislators remain committed to moving this effort forward and today’s court decision is a welcome reminder that we cannot delay in fulfilling our constitutional obligation to the one million children in Washington’s schools.”

The state was represented by Assistant Attorney General Bill Clark during the trial.

Attorney General Rob McKenna said in a statement posted to his office’s Web site that the bill the Legislature passed last year and the continued work of legislators this year could very well address Erlick’s ruling.

“Judge Erlick rightly recognizes in his ruling the Legislature’s authority to set education funding policy,” McKenna said. “The Legislature took positive steps with its 2009 education funding reform efforts, and we understand the decision to suggest those reforms could be the basis for progress in this case. My legal team will review the specifics of this complex decision with our state clients to determine appropriate next steps.”

According to the attorney general’s office, the state has 30 days to appeal the ruling.

Education organizations around the state have praised Erlick’s ruling, including the Washington State School Directors Association.

“This ruling is a win for students in Washington’s public schools,” said WSSDA President Kevin Laverty. “Once again, the courts have affirmed that the state constitution means what it says: education is the paramount duty of the state and the responsibility for funding public schools rests squarely on the shoulders of the state Legislature.”

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