WASHINGTON

Constitutional Clauses/Language

“It is the paramount duty of the state to make ample provision for the education of all children residing within its borders . . .” Wash. Const. art. 9, s. 1.

“The legislature shall provide for a general and uniform system of public schools . . .” Wash. Const. art. 9, s. 2.

Major Court Decision: Seattle Sch. Dist. No. 1 v. State, 585 P.2d 71 (Wash. 1978).

Result: Financing System Overturned

Summary: The Washington Supreme Court held that education is a fundamental right under its state constitution.  The constitutional requirement of a “general and uniform” system of public schools is a “paramount” duty of the legislature.

Key Quotes:

“In short, we agree with the trial court's conclusions of law and judgment as they express these same broad educational concepts in terms of constitutional rights. The trial court did not, nor do we, deal with the above mentioned educational concepts as fully definitive of the State's paramount duty. Rather, we hold that they constitute broad guidelines and that the effective teaching and opportunities for learning these essential skills make up the Minimum of the education that is constitutionally required.”  Id.

“We hold further that the mandate of Const. art. 9, s 1 is addressed to the State and requires, as a first priority, fully sufficient funds for the ‘general and uniform system of public schools’ which the Legislature is obligated to establish pursuant to Const. art. 9, s 2. Through this system our children will receive their constitutionally guaranteed education.”  Id

“We thus conclude that, in the context employed by Const. art. 9, s 1, the Paramount duty is imposed upon the sovereign body politic or governmental entity which comprises the ‘State.’ While the Legislature is an essential element thereof, it is only one segment of that intricate governmental body politic upon which has been placed the Paramount duty.”  Id. at 513 

“Consequently, all children residing within the State's borders have a ‘right’ to be amply provided with an education. That ‘right’ is constitutionally paramount and must be achieved through a ‘general and uniform system of public schools.’ Const. art. 9, s 2. Further, the education that is provided must be ‘without distinction or preference on account of race, color, caste, or sex.’ Const. art. 9, s 1.”  Id.

“Education plays a critical role in a free society. It must prepare our children to participate intelligently and effectively in our open political system to ensure that system's survival. It must prepare them to exercise their First Amendment freedoms both as sources and receivers of information; and, it must prepare them to be able to inquire, to study, to evaluate and to gain maturity and understanding. The constitutional right to have the State “make ample provision for the education of all (resident) children would be hollow indeed if the possessor of the right could not compete adequately in our open political system, in the labor market, or in the market place of ideas.”  Id. at 518.