Yesterday the plaintiffs in the McCleary case submitted their response to the state’s 2018 post-budget filing. They acknowledge that the case is over.

In the Court’s Nov. 2017 order, the Court said it “is willing to allow the State’s program to operate and let experience be the judge of whether it proves adequate.” Plaintiffs accept this and “recognize that termination of this appellate review will allow the State’s new funding formulas to operate this upcoming school year without post-budget filings in this Court next year.”

However, plaintiffs “do not believe the State’s new funding formulas provide ample State funding for the education of all Washington children as Article IX, section 1 requires.” They note that there has been no trial on the adequacy of the new funding. Thus, they ask that the Court not issue “a preemptive factual finding that the State’s new program funding levels do in fact comply with the ample funding for all children mandate of Article IX, section 1.” They worry that such a finding would foreclose future suits on school funding.

Additionally, the state put $105.2 million in a separate account this session to cover the fines imposed in the McCleary case. Plaintiffs argue that the state also owes $18.2 million in interest, as the fines weren’t paid daily.