Judge Rules in Favor of Federal Way Schools in Fair Funding Lawsuit

This morning in King County Superior Court, the Honorable Judge Michael Heavey declared the state's current funding system, in particular the LEAP salary allocation table, unconstitutional and a violation of the general and uniform system of schools, Article 9, Section 2.

Further, he ruled that the disparate funding violates the constitutional equal protection rights of Federal Way's teachers, students and taxpayers.

Federal Way students, parents and taxpayers were represented in the lawsuit by individual board members, parents, and representatives of the district’s administrative, certificated and classified staff. The lawsuit was brought against the state last year to challenge the state’s system of funding, which results in substantial inequities in state funding from one school district to the next. 

"We are grateful that Judge Heavey recognized the inequities in the funding system and has ordered the legislature to fix the problem. We are confident that the state legislature will comply with the court's order," Superintendent Murphy said.

“Justice was done,” Board Member David Larson said. “It is now in the hands of the legislature to act on the judge’s ruling to finally bring fair and equitable funding to our state’s schools.”

The State of Washington has 30 days to file an appeal with the State Supreme Court.  Whether or not the State decides to file an appeal, resolution to the funding system is a function of legislative action. 

“There is no rational basis for the differences in funding of school districts,” Superintendent Thomas R. Murphy noted at the time the lawsuit was filed. “The State Legislature has simply taken the school funding inequities declared unconstitutional in 1977 and frozen them in place without any meaningful or substantial change for twenty years."

Federal Way Public Schools is the 7th largest school district in Washington, yet it ranks 263rd out of the 296 districts in dollars-per-student funding. If Federal Way had been funded at the same rate as the best-funded districts in the 2006-07 school year, the district estimates it could have received $11.5 million more in state and local funding than it will actually receive this year.

 “Equitable funding is ethically, morally and legally the right thing to do,” Superintendent Murphy emphasized. The district has made $14 million worth of budget cuts since the 2002-2003 school year, resulting in dramatic reductions in personnel and programs to compensate for inequitable funding. 

For more background information, please go to http://www.fwps.org/info/fairfunding/.

November 6, 2007