Adopted by the House February 15, 2012 ________________________________________ Speaker of the House of Representatives Adopted by the Senate February 27, 2012 ________________________________________ President of the Senate | I, Barbara Baker, Chief Clerk of the House of Representatives of the State of Washington, do hereby certify that the attached is HOUSE CONCURRENT RESOLUTION 4410 as passed by the House of Representatives and the Senate on the dates hereon set forth. ________________________________________ Chief Clerk | |
Secretary of State State of Washington |
State of Washington | 62nd Legislature | 2012 Regular Session |
Read first time 02/14/12.
WHEREAS, Article IX, section 1 of the state Constitution declares
that "it is the paramount duty of the state to make ample provision for
the education of all children residing within its borders"; and
WHEREAS, In Seattle School District No. 1 v. State (1978) the
Washington state supreme court ruled that the mandatory duties of
Article IX, section 1 are imposed upon the state as a body politic, but
the means of implementing this duty are the province of the
legislature, as are the organization, administration, and operation of
the common schools; and
WHEREAS, On January 5, 2012, the Washington state supreme court
ruled in McCleary v. State that the state has not complied with its
Article IX duty to make ample provision for the education of all
children in Washington, but also that the "promising reform program" of
Engrossed Substitute House Bill No. 2261, chapter 548, Laws of 2009,
would remedy funding deficiencies, once fully implemented; and
WHEREAS, The McCleary court reaffirmed that "the legislature's
'uniquely constituted fact-finding and opinion gathering processes'
provide the best forum for addressing the difficult policy questions
inherent in forming the details of an education system" and that "while
the legislature must act pursuant to the constitutional mandate to
discharge its duty, the general authority to select the means of
discharging that duty should be left to the legislature."; and
WHEREAS, The McCleary court took the unprecedented step of
retaining jurisdiction over the case with the stated purpose of
"fostering dialogue and cooperation between coordinate branches of
state government in facilitating the constitutionally required
reforms"; and
WHEREAS, The Washington state Constitution enumerates many
responsibilities of government, but it declares only the Article IX
duty to make ample provision for the education of all Washington
children to be paramount; and
WHEREAS, Although the Washington state legislature, as one of three
coequal branches of state government, does not believe that judicial
oversight of its legislative prerogatives is necessary, it recognizes
that the Washington state supreme court has retained jurisdiction over
the McCleary case due to the unique circumstances presented by the
Article IX duty, and the legislature desires to establish a structure
and process by which the legislative and judicial branches may interact
formally and constructively to achieve the common purpose of making
ample provision for the education of all children residing in
Washington;
NOW, THEREFORE, BE IT RESOLVED, By the House of Representatives of
the state of Washington, the Senate concurring, That a joint select
committee on Article IX litigation be established to facilitate
communication with the Washington state supreme court on school funding
legislation and other actions of the legislature related to the duty
set forth in Article IX of the Washington state Constitution; to advise
and provide direction to the attorneys who represent the legislature
before the Washington state supreme court with respect to the McCleary
litigation; and to apprise legislators and the legislature on
communications from the Washington state supreme court with respect to
the McCleary litigation; and
BE IT FURTHER RESOLVED, That the committee consist of eight
members, with two members each appointed from the two largest caucuses
in the House of Representatives by the Speaker of the House of
Representatives, and two members each appointed from the two largest
caucuses in the Senate by the President of the Senate; and
BE IT FURTHER RESOLVED, That the committee be staffed by the House
of Representatives office of program research and Senate committee
services, and that the committee may incur expenses and retain
additional staff, counsel, and other consultants as reasonably
necessary to perform its duties and to represent the interests of the
legislature as a separate branch of the state government, subject to
the approval of the House of Representatives executive rules committee
and the Senate facilities and operations committee.