Suit targets funds for special ed

The state of Washington does not pay public schools enough to provide required special education services, say 11 school districts that took the matter to court Thursday.

The result, they say, is that rising costs for special education are drawing more and more away from other programs – using up local property taxes and violating the state Constitution.

A coalition of school districts, including Spokane Public Schools and Riverside School District in Spokane County, filed a Superior Court lawsuit against the state Thursday at the Thurston County Courthouse.

The School Districts’ Alliance for Adequate Funding of Special Education alleges the state of Washington is shirking its constitutional duty to properly fund the education of all students, which includes special education students.

The state Constitution requires schools to educate all students equally. That includes students who struggle due to learning disabilities and more severe conditions like autism.

However, as the costs for caring for such students rise, the state’s funding formula has remained the same – a flat rate based on student population. The state also imposes a 13 percent cap on the population of students that can receive special education funds, which ignores individual schools’ needs, according to the lawsuit.

Brian Benzel, superintendent of Spokane Public Schools, made opening remarks at a press conference Thursday in Olympia.

“We’ve been forced to file this complaint. It’s not something we wanted to do,” Benzel said “It’s something we had to do.”

Last school year, Spokane Public Schools used $4.3 million in levy funds to provide special education services, up from $2.5 million three years ago. The price will likely hit $5 million by 2006, Benzel said. The district’s most recent budget was $259 million.

“The funding system is broken, and it’s affecting all students,” Benzel said.

He added that the lawsuit is in no way an attempt to legally drop services to special education students.

“We have a legal and moral commitment to work with special education students,” Benzel said.

The group is seeking a statewide solution that goes beyond the 11 participating districts, Benzel said.

“We want the courts to intervene,” he said.

Ultimately, the solution will have to emerge from the work of state lawmakers, Benzel said.

“We would like to see the legislators, governor’s office and state superintendent’s office come together and recommend solutions that will work in our school district,” Benzel said.

The coalition includes some of the state’s largest school systems, such as districts in Federal Way, Everett and Lake Washington.

Also included in the lawsuit is one of the smaller school districts, Riverside School District, which serves 1,873 students in Elk and Chatteroy.

Galen Hansen, co-superintendent of the Riverside School District, said his school board voted last week to join the lawsuit.

“They feel it’s the right thing to do. Certainly it’s a funding issue in all schools, not just the larger schools, but smaller schools, too.”

As recently as four years ago, 17 percent of the students enrolled at Riverside required special education services, which meant the district had to dip into levy funds, Hansen said.

“Riverside has had a very positive reputation in regards to special needs and the things we do for them,” Hansen said.

More than a few times, families from California have relocated to the district for the special needs services, he said. But as demand grew, it strained the district’s resources.

“We’re getting more and more folks with special needs,” Hansen said. “We need to find a way to address this.”

The lawsuit does not sit well with a volunteer group in support of special education students. The Washington State Special Education Coalition circulated a letter earlier this year stating that they do not support the lawsuit and don’t support a change in the special education funding system.