BILL REQ. #:  H-4016.1 

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.