It's a little known fact that US President Benjamin Harrison didn't originally approve the constitution that Washington had sent him because Territorial Governor Miles C. Moore had forgot to sign it. The remedy in the days long before computers, internet, and fax machines was to redo it in long-hand and resend it to the president.
In that document the 75 delegates that were elected to write it determined that fully sufficient and abundant funding for the education of all children within the borders of the newly formed Washington
State would be the top priority above all others. In their words, "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." When the citizens of the Washington territory got their chance to see the document 40,152 voted to approve the Washington State Constitution while only 23%, 11,879 opposed it.
The constitution was finally approved and became the
document that has formed the basis for all current Washington state law.
It also set into motion the priority in our state of funding education above all other state needs. That's strong language. The strongest, in fact, that you'll find supporting public education in any state constitution in our nation. Nevertheless, in 1978, the Washington Supreme Court supported
the "Doran I Decision," ruling that the state was not meeting its own constitutional responsibility to "make ample provision for the education of all children." Furthermore, according to "Doran I", Washington had failed to define "basic education" and had neglected its obligation to develop a funding
process that didn't rely on local levies. "Doran I" further declared
that "Under state law, the legislature has established a general and uniform system for the public schools as required by Article IX, Section 2…but it has not A) expressly defined basic education or determined the substantive contents of a basic program of education to which the children of this state are entitled in today's society or B) provided a method for the fully
sufficient funding of such education without reliance on special excess
levies." In 1983, the "Doran II Decision" reiterated that the state's
responsibility to fully fund basic education also included special education,
bilingual education, remedial assistance, and
transportation.
To be clear, education is our state's number one funding priority with 40
percent of the state budget used to fund K-12 education. Nonetheless,
Washington ranks 43rd in the nation in K-12 state education spending, according
to the annual study commissioned by Education Week magazine, which also gave our
state an overall grade of D+ in school finance.
Why would a state with such clear direction in its constitution have these
issues? Perhaps a little bit of exegesis and hermeneutics may shed some
light. If you've known anyone involved in a theological pursuit you may be
aware of these terms. Using this technique, theologians seeks to
understand what the biblical text meant to the people at the time they were
written thousands of years ago (exegesis) and what that same text means for us
today (hermeneutics). In the context of the interpretation of our
constitution written over 130 years ago, much has changed and the definitions
assumed at that time meant something entirely different then. It goes
without saying that the children of Miles C. Moore and the rest of Washington's
constitution authors lived in a much different time. The ample provisions
of that day would represent only a fraction of the meager provisions for today's
classrooms. Governmental mandates for schools were virtually nonexistent
and the funding required to meet those mandates of today wasn't needed
then. Basic education at the time of Benjamin Harrison was indeed very
basic. Times have changed. Basic means something different to us
today, ample means something different to us today, while the definition of
paramount remains the same.
Even when looking at the language of the current funding formulas used to
calculate how much money a district gets from the state, exegesis and
hermeneutics come into play. These formulas were developed over 30 years
ago, before computers, internet, and fax machines. Again, basic means
something different to us today, ample means something different to us today,
while the definition of paramount remains the same. To address this need, the
2007 Legislature created a Joint Task Force on Basic Education Finance to
"review the definition of basic education and all current basic education
funding formulas". The Task Force is to "develop options for a new funding
structure and all the necessary formulas, and propose a new definition of basic
education."
Lawyers continue to argue these definitions and even today the latest
lawsuit is
in the works for March, 2009. The Network for Excellence in Washington
Schools
(NEWS), a coalition of community organizations, school districts,
education
associations, teachers and parents has filed suit against Washington
State. At the crux of their lawsuit is the definition of paramount,
ample
and basic.
Our state school funding system is broken and has been for years. It was
never the intent of Governor Morris nor the founders of our constitution that
local communities would raise money at the local level through levies for our
schools, nor can we continue to rely on the local tax dollars to meet the
dramatically increasing financial needs of our schools. It's time for an
overhaul of the funding system.
Governor Morris made a mistake by forgetting to sign the constitution on November 4, 1889. His mistake allowed North Dakota, South Dakota, and Montana all to become states ahead of Washington by just a few days. He
fixed his error immediately and President Harrison received the
corrected edition and approved it on November 11, 1889. It took only
7 days to make the correction; forever giving Washington the honor of
becoming our 42nd state and thereby approving the constitution they had
worked so hard to create. Let's hope our current state leaders, guided
by the semantics of that document created in 1889 will hermeneutically
interpret and properly apply exegetic analysis to words used by the founders such as ample,
basic, and paramount. The result being new and appropriate financial
procedures to amply fund the education of all students today.
Fortunately they do have a huge advantage in the application of
exegesis and hermeneutics over biblical theologians, the Washington
State Constitution was not written on Greek, Aramaic or Hebrew.
How's education funding in your state?
Recent Comments