The Washington State Supreme Court has listed the much anticipated McCLeary case on its calendar of  "anticipated decisions" tomorrow. McCleary is the school funding case brought by a coalition of education and community advocates who argue that the state has disregarded the mandate in Washington's constitution to adequately fund K-12 education; its "the paramount duty," the constitution says. The court heard the case last June.[pullquote]The State has made progress toward this Constitutional obligation, but remains out of compliance. [/pullquote]

In February 2010, King County Superior Court Judge John Erlick ruled in favor of the plaintiffs (including the Washington State PTA, the Urban League, El Centro de la Raza, a host of school districts, and parents such as Matthew and Stephanie McCleary) concluding:

“It is the paramount duty of the state to make ample provision for the education of all children residing within its borders, without distinction or preference on account of race, color, caste, or sex.” Washington State Constitution, Article IX, Section 1. The Washington State Constitution provides that this provision is not merely a statement of moral principle but, rather, sets forth a mandatory and judicially enforceable affirmative duty.

Thirty years have passed since our State Supreme Court directed the State to provide stable and dependable funding for basic education. The State has made progress toward this Constitutional obligation, but remains out of compliance. State funding is not ample, it is not stable, and it is not dependable.

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. Funding must be based as closely as reasonably practicable on the actual costs of providing such programs of basic education. The means of fulfilling this Constitutional mandate properly fall within the prerogative of the Legislature.

The ruling holds major consequences for the state budget which currently faces a $1.5 billion shortfall and has already cut some $2.3 billion from K-12 in the last three years when you count suspension of planned cost of living increases for teachers.

The governor's latest budget proposal cuts another $334 million from K-12, which Democratic House budget chair Rep. Ross Hunter (D-48, Medina), referring to the "paramount duty" clause, has called "unconstitutional."

Gregoire has proposed a half-cent sales tax increase to buy back about $250 million in proposed K-12 cuts.

If the court rules tomorrow that the legislature must restore education funding, the math equation in Olympia may get even uglier when it comes to cutting public safety, social services, and environmental programs.