Fine the legislature! That’s what the Washington State Supreme Court is doing, issuing a $100,000 fine for every day the legislature ignores a court order on school funding. The decision was unanimous.

Thursday’s order, signed by all nine justices of the high court, ordered that the fine start immediately, and be put into a dedicated education account.

The situation sounds very similar to what’s going on in Arizona.

The ruling was the latest development in a long-running impasse between lawmakers and justices, who in 2012 ruled that the state is failing to meet its constitutional duty to pay for the cost of basic education for its 1 million schoolchildren.

Thomas Ahearne, an attorney for the plaintiffs, said that the court’s action “is long overdue.”

“The state has known for many, many years that it’s violating the constitutional rights of our public school kids,” Ahearne said. “And the state has been told by the court in rulings in this case to fix it, and the state has just been dillydallying along.”

The details are different. The biggest issue in the Washington case is that school districts are overly dependent on local taxes to fund the schools, which leads to big disparities in funding levels, district to district. Arizona’s per student funding may be ridiculously low, but the pain is spread out reasonably evenly. Some of our districts figure out ways to get more money in their coffers than others, but it’s nowhere near the disparity you find in some other states. 

Our Supreme Court should follow the example set in Washington. Start fining the legislature $100,000 a day. That would mean by the time the next legislative session starts, we’d have about $15 million socked away. It’s a paltry sum that doesn’t begin to cover the $300 million-plus the state owes the schools this school year alone, but it would rankle the “Rule of law” Republicans no end to see the steady drip-drip-drip of money leaving their hands by court order. To paraphrase Barry Goldwater, A hundred thousand here, a hundred thousand there, and pretty soon you’re talking about real money.

17 replies on “Now, Here’s a Way For the Court To Go After Our Deadbeat Legislators”

  1. Just like Pavlov’s dog, the uncontrolled salivation at the thought of taking more of other people’s money.

  2. so David W a question–do you not have a pension plan for when you retire after working for 40 or more years? Why should the educators that work in the schools not have the same? I assure you, the pension plan you refer to is not “engorged”.

  3. a – don’t know what world you are living in but the vast majority of Americans do not have pension plans, they have 401k’s that they contribute their own money to and often their employers will match.

    And are you saying that a teacher must work 40 years for their pension? Are you posting from the United States? In the Arizona State Retirement system, benefits are available with as little as 5 years service.

  4. I do not have a pension plan as I have never taught school, been employed by the government or worked for a corporate employer that offered one. But I am taxed to provide one for others. Meanwhile the government steals from my social security contributions and changes the rules with fire predictions. Half of US workers are in the same position.

  5. Typical liberal. Throw other peoples’ money at the problem. It’s worked oh so well in the past.

  6. How about giving education what was stolen by the legislature from the surplus it now has? stole? David W, you are the most bitter person I have met. Teachers get poor pay and you begrudge them a pension that they contribute to. BUsh admin. stole the money from SS. You are not a victim. You support the wrong people. Delva Down, you just want to give it to corporations for profit. What is the matter with you people? You support the people who make a profit from education and begrudge teachers pensions? Do you think these schools and prisons for profit are not coming from your pocket and you begrudge education? Children apparently come after the profits for corporations who are getting richer and richer. I take that back, apparently you don’t support children at all.

  7. SS was robbed by Dems in Congress since the late 70s. Check your history. If I got poor pay I would find a different job. Teachers are the only large unionized work force that has a sympathetic citizenry clamoring for them.

    You confuse bitter for logical.Supporting these people would only cost me more. Why not take up a collection from willing donors and give it to the teachers?

  8. Funny how obeying the law is a really big deal for Republicans, until it comes to them having to follow the law, even after losing a lawsuit trying to justify not obeying the law.

  9. Tax payer money also funds the legislature. Stop the waste. Funding for education is extremely adequate but accountability continues to show how little money gets to the classrooms. Also, if you really want brain connectivity teach a 2 and even 3rd language to all students in preK-5.

  10. That 5 year pension in ASRS works if you are 50 years old. It takes 5 years to be vested. The combination of years of service plus age is what defines the retirement point. Considering that public employees of the state, not just teachers, get this pension, you are getting a lot for your contribution to the retirement system, members of the public. Dept of Transportation workers are out in the heat, dust, occasional rain, etc. working to keep and build roads. They are part of that system. Office workers in all the state departments and many county depts are included. Public Safety and Corrections have their own systems which are not nearly as well funded and are much newer. Serving your country earns you a pension in exchange for your years of work if you stick at it. Private industry thinks it is more important to give giant separation packages to CEOs and to rob employees’ pension plans. Who does more for you, anyway?

  11. On the topic: Let’s hear from our legislators on what they will support to correct this funding mess in education. Who will get our State Supreme Court to speak out for education like Washington State has done?

  12. David, David, David. Where has your head been all this time? Why didn’t you think of this first? I’m stunned that you let this one get away for so long. Step away from the keyboard and go put your money where your mouth is.

  13. The ASRS has a major flaw which costs someone a lot of money. When I enrolled I was past fifty. There is a provision that allows ANY member to add their other military/federal time by “buying in”; paying a calculated amount based on the current pay being received. At that time I was close to the bottom of the food chain so my buy in was around $45,000. I KNEW this was a good deal for ME because I was confident I would move up quickly which I did. But I stayed just four years so I wasn’t vested but if I had stayed that five years I would have walked away with enough points to recover that $45,000 in the first few years, less time than it took me to pay in.
    This topic is not about the right/wrong of that law because I believe this is done throughout the country but in my case I would have been a deficit to the state coffers. Instead, I got back a tidy lump sum, minus taxes and the state of Az gets to remain solvent a bit longer ;-}

  14. David must be a millionaire, why else would you be a republican. SS was robed by Reagan and the legislature in the 80’s. Not only that but I don’t believe the discussion is about SS it is about the education of our young ones. Don’t invest in that and watch our Country really go down the tubes. What better thing to invest in than education. Unless you are on the religious right and don’t want people thinking for themselves.

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