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SCHOOL DISTRICTS' ALLIANCE v. STATE

No. 82961-6.

244 P.3d 1 (2010)

SCHOOL DISTRICTS' ALLIANCE FOR ADEQUATE FUNDING OF SPECIAL EDUCATION, consisting of Bellingham School District No. 501, a municipal corporation; Bethel School District No. 403; Burlington-Edison School District No. 100, a municipal corporation; Everett School District No. 2, a municipal corporation; Federal Way School District No. 210, a municipal corporation; Issaquah School District No. 411, a municipal corporation; Lake Washington School District No. 414, a municipal corporation; Mercer Island School District No. 400, a municipal corporation; Northshore School District No. 417, a municipal corporation; Puyallup School District No. 3, a municipal corporation; Riverside School District No. 416, a municipal corporation; and Spokane School District No. 81, a municipal corporation, Petitioners, v. The STATE of Washington; Gary Locke, in his capacity as Governor of the State of Washington; Terry Bergeson, in her capacity as Superintendent of Public Instruction; Brad Owen, in his capacity as President of the Senate and principal legislative authority of the State of Washington; Frank Chopp, in his capacity as Speaker of the House of Representatives and principal legislative authority of the State of Washington, Respondents.

Supreme Court of Washington, En Banc.

Decided December 9, 2010.

Attorney(s) appearing for the Case

John Craig Bjorkman , Christopher Lee Hirst , Grace Tsuang Yuan , Gregory J. Wong , K & L Gates, L.L.P., Seattle, WA, for Petitioners.

William Gerard Clark , Newell David Smith , Office of the Attorney General, Seattle, WA, David Alan Stolier , Office of the Attorney General, Olympia, WA, for Respondents.

Susan Kay Schreurs , Tacoma, WA, amicus counsel for Bellingham School District No. 501, Bethel School District No. 403, Burlington-Edison School District No. 100, Everett School District No. 2, Federal Way School District No. 210, Issaquah School District No. 411, Lake Washington School District No. 414, Mercer Island School District No. 400, Northshore School District No. 417, Puyallup School District No. 3, Riverside School District No. 416 and Spokane School District No. 81.

OWENS, J.

¶ 1 This case concerns a challenge to the special education funding mechanism in Washington State. The School Districts' Alliance for Adequate Funding of Special Education (Alliance) argues that the Court of Appeals erred when it held that the State's procedures for funding special education do not violate the Washington Constitution. The Alliance argues that the Court of Appeals (1) used the wrong standard and (2) improperly included the Basic Education...

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