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
Washington Supreme Court Hearing, March 14, 2023
Latest update: January 27, 2023
Updated one page summary of legal tenants of the lawsuit
Presentation to WSSDA Conference 18 November 2022
Opening Brief filed with the Supreme Court - 12 September 2022
Opening Brief filed with the Supreme Court
Wahkiakum V The State, Timeline and Events:
On December 28, 2021, Wahkiakum School District filed a claim against the State of Washington regarding the State's failure to properly fund educational Capital Facilities. Wahkiakum School District's lawsuit seeks a court ruling in support of the States Constitutional Duty to amply fund education, which includes ample funding for all Washington school district's educational facilities.
On December 30, 2021, Seattle Times reporter Nina Shapiro wrote the linked article summarizing the lawsuit and
addressing its implications. It's worth noting that this article was viewed more than 17 million times across the nation over
the course of the first three days after it was published and distributed on the AP Wire. See attached article here
On February 1, 2022, King 5 News reporter Drew Mikkelsen visited Wahkiakum School District. Drew walked the
grounds and interviewed Superintendent Brent Freeman. See attached Interview
Libby Denkmann, Host of Soundside KUOW, Public Radio in Seattle, WA. For Libby's interview with Brent Freeman, Superintendent covering this story, listen here.
"There is no Doubt that the way we fund school construction in our State needs to be changed." Washington State Superintendent, Chris Reykdal. Read the entire article here
On March 21-22, 2022, Wahkiakum v. The State was presented to the Washington Association of School Administrators. Tom Ahearne, Legal Counsel and Brent Freeman, Wahkiakum Superintendent did the presentation.
On April 4, 2022, Wahkiakum Court House. Wahkiakum SCHOOL DISTRICT’S RESPONSE TO STATE’S MOTION TO DISMISS AS A MATTER OF LAW - i PROPOSED ORDER PRESENTED BY: FOSTER GARVEY PC s/ Thomas F Ahearne
On May 5, 2022, Spokane, WA. Brent Freeman, Wahkiakum Superintendent presented the District's Lawsuit to attendees at the Washington Association of School Business Officials (WASBO) 2022 Conference.
PROVIDING FINANCIAL ASSISTANCE TO SUPPORT THE LAWSUIT
The Wahkiakum School District’s lawsuit seeks a court ruling that the State’s constitutional duty to amply fund education includes ample funding for a Washington school district’s education facilities. (See the COMPLAINT FOR DECLARATORY JUDGMENT& RELATED RELIEF ENFORCING OUR CONSTITUTION.)
The State Auditor’s on-line “helpdesk” response #92552 to a particular school district’s inquiry raised a question as to that district’s ability to provide financial assistance for this lawsuit. To clarify whether the State Auditor was or was not objecting to a school district’s providing such assistance, the Wahkiakum School District provided the State Auditor a written explanation of a Washington school district’s legal authority to provide such assistance (EXPLANATION LETTER), along with a “template Resolution” that a school could adopt to lawfully provide such assistance. (TEMPLATE SAMPLE RESOLUTION FOR SCHOOL BOARDS. Based on the addition information provided in that explanation letter, the Wahkiakum School District then asked the following question:
In its role as State Auditor, does the State Auditor’s office object to the school districts it audits providing the Wahkiakum School District assistance pursuant to a Resolution that has the same wording as that template Resolution?
The State Auditor’s response was:
Based on the additional information provided, we withdraw our response to request #92552. Our new recommendation is for school districts to consult their legal counsel.
If any district’s legal counsel has any questions after reviewing the explanation letter, they should contact the Wahkiakum School District’s legal counsel (Tom Ahearne, Foster Garvey PC, 206-447-8934).
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Why a lawsuit? We are pursuing legal action because the state is shortchanging our kids.
Why Now? We have attempted bonds in the past but the cost of the bond to local taxpayers is too high.
"The basic knowlege and skills needed to compete in today's economy and meaningfully participate in this State's democracy"
McCleary v. State 173wn.2d at 483 & 522-526
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