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Abstract:
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Abstract: The Washington State Constitution makes education Washington State’s top
priority. Article IX, section 1 proclaims that “[i]t is the paramount duty of the state to make
ample provision for the education of all children residing within its borders . . . .”1 In the
1978 case of Seattle School District v. State,2 the Washington State Supreme Court
interpreted this language as a command to the state legislature. The Court ordered the
legislature to fulfill its constitutional duty by defining and fully funding “basic education”
and a “basic program of education.”3 The legislature attempted to comply by passing and
subsequently amending the Basic Education Act and, in 2009, by passing H.B. 2261.4 This
Comment analyzes the state’s school-funding duty in light of these legislative efforts and
recent Washington school-funding cases. This Comment concludes that the legislature has
not met its constitutional duty because it has not adequately defined a “basic program of
education,” and therefore recommends that the legislature amend H.B. 2261 to bring the state
into compliance with article IX, section 1 of the Washington State Constitution. |