School Districts Alert
March 2007
Authors:
Grace T. Yuan
+1.206.370.7814
grace.yuan@klgates.com
Christopher L. Hirst
+1.206.370.8336
christopher.hirst@klgates.com
www.klgates.com
Superior Court Decision Issued
on Special Education Lawsuit
Two years ago, the School Districts’ Alliance filed a lawsuit against the State of Washington
for its failure to fully fund special education programs. The members of the Alliance are
Bellingham, Bethel, Burlington-Edison, Everett, Federal Way, Issaquah, Lake Washington,
Mercer Island, Northshore, Puyallup, Riverside and Spokane School Districts.
John C. Bjorkman
+1.206.370.8311
john.bjorkman@klgates.com
K&L Gates comprises approximately
1,400 lawyers in 22 offices located in
North America, Europe and Asia, and
represents capital markets participants,
entrepreneurs, growth and middle market
companies, leading FORTUNE 100 and
FTSE 100 global corporations and public
sector entities. For more information,
please visit www.klgates.com.
More than 70 school districts joined the Friend of the Court Brief filed by the Tacoma
School District in support of the Alliance. All together the Alliance and Amicus School
Districts serve more than 62 percent of the students in this State receiving special education
services.
On March 1, 2007, the Thurston County Superior Court Judge issued a decision in the
special education funding case. The ruling was a mixed bag.
As you know, the State currently provides funding for students in special education up to
12.7 percent of a district’s student population. However, if the number of special education
students in a district exceeds 12.7 percent, the State provides no additional funding for such
students. The Judge found this to be unconstitutional. Over fifty percent of the districts
statewide have more than 12.7 percent special education students in their overall student
population, and this alone constitutes $43 million of the funding gap per biennium. Over
time, this ruling will help many districts.
However, the Judge then determined that the Alliance failed to establish that the State
so inadequately funded special education that it violated the Constitution. We are
disappointed that the Judge did not go further in his decision. It is not clear that the
Judge understood that most special education students spend most of their time in
basic education classrooms, where most of the basic education funding must be spent.
Nevertheless, the fact remains that the State underfunds special education programs. On a
two-year basis, school districts statewide have spent over $268 million in local funding in
order to provide the necessary special education services. Alliance members are considering
potential next steps.
K&L Gates comprises multiple affiliated partnerships: a limited liability partnership with the full name Kirkpatrick &
Lockhart Preston Gates Ellis LLP qualified in Delaware and maintaining offices throughout the U.S., in Berlin, and in
Beijing (Kirkpatrick & Lockhart Preston Gates Ellis LLP Beijing Representative Office); a limited liability partnership
(also named Kirkpatrick & Lockhart Preston Gates Ellis LLP) incorporated in England and maintaining our London
office; a Taiwan general partnership (Kirkpatrick & Lockhart Preston Gates Ellis) which practices from our Taipei
office; and a Hong Kong general partnership (Kirkpatrick & Lockhart Preston Gates Ellis, Solicitors) which practices
from our Hong Kong office. K&L Gates maintains appropriate registrations in the jurisdictions in which its offices are
located. A list of the partners in each entity is available for inspection at any K&L Gates office.
This publication/newsletter is for informational purposes and does not contain or convey legal advice. The information
herein should not be used or relied upon in regard to any particular facts or circumstances without first consulting a
lawyer.
Data Protection Act 1998—We may contact you from time to time with information on Kirkpatrick & Lockhart Preston
Gates Ellis LLP seminars and with our regular newsletters, which may be of interest to you. We will not provide your
details to any third parties. Please e-mail london@klgates.com if you would prefer not to receive this information.
©1996-2007 Kirkpatrick & Lockhart Preston Gates Ellis LLP. All Rights Reserved.