#3 Fully Fund Schools

This section includes articles on why and how to Fully Fund Schools by filing a Summary Judgment motion to roll back tax breaks for billionaires and wealthy corporations.  

Corrupt Washington Legislature Risks the Health & Safety of Half a Million Students

Our campaign, Spring for Better Schools, is about much more than just getting votes to win this election for Superintendent of Public Instruction. Our goal is to provide information to parents and teachers about the crisis facing our public schools here in Washington state due to two decades of neglect by our state legislature. Our hope is to build a Coalition of the Caring to fully fund our public schools. Our plan is to organize and empower a movement to replace corrupt legislators with folks who will honor our state constitution by funding our public schools even without a direct order from our Supreme Court.

In this article, we will explain how the Washington legislature is so corrupt that they have risked the health and safety of half a million students in order to keep the gravy train of billions in tax breaks going for wealthy multinational corporations. The shocking fact is that half of Washington's 2,000 schools are so old and run down that they do not meet either the health codes or the earthquake codes. That's right. The Washington legislature is willing to kill and injury thousands of our kids to protect billions in tax breaks for Microsoft and Boeing.


Why are the health codes important?
In the past few months, we have read about thousands of children in Flint Michigan who were essentially poisoned by a corrupt government that refused to provide those kids with a safe source of drinking water. Sadly, the Washington State legislature has also refused to come up with the funds needed to provide safe drinking water at schools here in Washington state. And it is not just the water. Many older schools suffer with major mold problems. Instead of coming up with billions of dollars needed to provide students with healthy schools, the corrupt Washington legislature has "exempted" our schools from the health codes!

Specifically, after a shocking report on drinking water and other health hazards in our public schools by the State Health Department, the 2009 legislature responded to this health crisis by including a clause in the final 2009-11 operating budget, passed April 24 2009 as ESHB 1244, in Section 222 prohibiting the State Department of Health from implementing any new or amended school facility health safety rules without approval of the legislature.
http://sboh.wa.gov/OurWork/Rulemaking/SchoolsEnvironmentalHealth

Who voted for this draconian bill prohibiting the State Department of Health from adopting new safety rules even after the Department of Health sent a specific letter about the health problems of our public schools? Representative Larry Seaquist - one of the candidates now running for Superintendent of Public Instruction. Who was the most vocal proponent of protecting the health of our students back in 2009? That was me. I wrote numerous reports on the health problems facing our public schools summarizing the finding from the Washington State Department of Health public hearings on school health.

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Half of our schools have water damage (which leads to mold and other toxins). Half have poor air quality. Thirty percent of our schools are estimated to have excessive lead in the water (which causes brain damage in children). Most of these problems are related to older schools. Half of our schools are more than 50 years old.

One mother, Odele La Lemond testified about how her bright, engaged child, deteriorated before her eyes. At one point, her daughter could not remember where her bedroom was after returning from a trip. Other symptoms included extreme fatigue, vocabulary loss, headaches, bellyaches, dizziness, and loss of balance. Drinking water in her classroom was found to contain elevated levels of lead.

One parent asked: “I know it will cost money to have safe drinking water in our schools. But how much is a child’s life worth?”


Here are some shocking facts about the lack of health standards in our schools. The original school health rule "suggested" that schools be inspected by the county health department periodically. Unfortunately, most counties simply ignore the old rule. Thus, in many counties, there is absolutely no one checking on schools to make sure they are safe.

The new proposed new school health rule would require that each county health department periodically inspect schools to make sure they are safe - just as health department inspectors check on restaurants to make sure they are safe. Legislators, including Seaquist and Reykdal, have blocked the new rule from being implemented by including a special clause in the state budget every year which prohibits the State Department of Health from implementing the new rule.

Why prohibit schools from being inspected? Because every legislator in Olympia knows that our schools do not meet health standards. But they do not want an inspector documenting these problems with mold and unsafe drinking water because the public would then become outraged - just as they are outraged in Flint Michigan - and then the legislature would be forced to spend billions of dollars replacing old crumbling and unhealthy schools.

As Superintendent, I will immediately implement the recommended rules of the Washington State Department of Health. Our kids have a constitutional right to attend a safe and health school. The failure of the Washington State legislature to provide funding for safe drinking water and air quality in our schools is one more example of why I have concluded that our current state legislature may be one of the most corrupt legislatures in the nation.


Why are the earthquake codes important?
On April 16 2016, a Magnitude 7.3 quake struck Japan killing dozens and injuring thousands. A few hours later, a Magnitude 7.8 quake struck Ecuador killing hundreds and injuring thousands more. Thousands of families are now camping in the streets without water or homes. As bad as these quakes were, the fact is that Washington state is at extremely high risk of a Magnitude 9 earthquake sometime in the next few years.


Understanding the Richter scale
The Richter scale is a scale based on multiples of ten. Thus a Magnitude 5 quake is ten times worse than a Magnitude 4 quake and a Magnitude 6 quake is 100 times worse than a Magnitude 4 quake. This makes the Japan 7.3 quake about 1000 times worse than a Magnitude 4 quake and it makes the the Ecuador quake about 10,000 times worse than a Magnitude 4 quake. But a Magnitude 9 quake, commonly called a Super Quake, will be more than 10 times worse than the quake that struck Ecuador two days ago and 10,000 times worse than a Magnitude 4 quake. Here is a visual graph of the Richter scale with a Magnitude 4 quake set for 1.

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The last time Washington suffered a Magnitude 9 quake was just over 300 years ago in January 1700. Magnitude 9 Mega Quakes have occurred a total of 5 times since 500 – a rate of once every 300 years. Research into the pattern of these Super Quakes shows they strike Washington about every 300 years - meaning we are already overdue for another Magnitude 9 earthquake. Here is the pattern since 500 AD.


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As you can see, at more than 316 years of quiet, we are already in the longest period of quiet between Mega Quakes during the past 1500 years. The last time there was this long of a quiet spell was in 200 AD to 500 AD. This last long quiet period between 200 AD and 500 AD was followed by two 9.0 quakes and one 8.0 quake in just 200 years between 500 AD and 700 AD.

Because half of our 2,000 schools are more than 50 years old and do not meet the earthquake codes, about 1,000 schools will be destroyed in a Magnitude 9 Super Quake. If this happens on a school day, as many as 500,000 students could be killed or injured. The clock is ticking. Every day this problem is not addressed, the danger to our kids grows even higher. This is without a doubt the gravest safety risk to children in the history of our nation. What is the Washington legislature doing about it? Absolutely nothing!

While both Oregon and British Columbia are at least trying to improve the safety of their schools, the Washington state legislature has done absolutely nothing to improve the safety of our schools. Instead, they claimed that they do not have the $30 billion it would take to replace 1,000 schools. Yet in just three days, they were able to fund $9 billion to give Boeing. Even worse, the legislature actually gives away $30 billion per year in tax breaks. Suspend these illegal tax breaks for even one year and we could have 1,000 safe schools the very next year. Hopefully, these facts will help you understand why I claim that the Washington state legislature is the most corrupt legislature in the nation.

We will provide more analysis of this Super Quake danger to students in Washington state in a moment. But first we will provide a summary of the shocking lack of funding for school construction in Washington state in the past 20 years and how this lack of funding has led to a $40 billion school construction crisis.

Washington State $40 Billion School Construction Crisis
While a great deal has been written about the failure of the Washington State legislature to fully fund the operation of public schools, fully funding school construction and repair is by far the greatest need being ignored by our state legislature.


Washington State is near the bottom of the nation in school operation funding as a percent of state income - which is why class sizes in Washington state are near the highest in the nation. It would take about $8 billion per year in additional state revenue to restore school funding and cut class sizes in half.

However, the shortfall in school construction and repair spending is now more than $40 billion – almost 5 times greater than the shortfall in school operation spending. As a consequence, Washington state has one of the highest rates of “unhoused students” in the nation. Restoring school operation and construction funding must both be done at the same time. It does no good to hire 40,000 additional teachers to cut class sizes in half unless we also build 40,000 additional classrooms for those teachers and their students to learn in. Sadly, the Washington State legislature has underestimated school construction and repair costs by more than $2 billion per year – for more than 20 years – leading to a school construction and repair backlog of more than $40 billion. Our plan is to invest $4 billion per year over a 10 year period – and pay for the increase in school construction and operation funding by repealing a tax break now used by billionaires to avoid paying their fair share of state taxes.

Why the State Legislature – Not Local Home Owners – is Responsible for Building and Repairing Public
Some in the State legislature claim that it is up to local homeowners to pass bonds to build public schools – that the State legislature is only responsible for hiring teachers. However, our Supreme Court has repeatedly stated that the legislature must provide 100% of the actual cost to build, repair and operate our public schools.


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Decades of Decline in School Construction Funding
For more than two decades, our legislature has refused to pay more than a small fraction of the actual cost of building and repairing schools. Whereas our State legislature historically provided more than 66% of the actual construction costs of public schools, State funding for school construction has fallen to below 10% of actual costs during the past 20 years.


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We will need to hire 40,000 additional teachers to cut class sizes in half. Obviously, this will require building 40,000 additional classrooms. Sadly, not only has our legislature failed to provide adequate funds for operating schools, but they have also failed to supply funds for the repair and building of schools.

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Instead, the Washington state legislature has shifted the responsibility for building and repairing schools onto the backs of local homeowners (just as they have illegally shifted the cost of operating schools onto the backs of local homeowners by raising the levy lid). This failure by the state legislature to fund school construction has led to more than 11 billion dollars in school bond failures during the past 11 years. The decline in State Matching funds has resulted in a transfer of this funding burden from the State to local home owners via an increasing dependence on local school construction bonds. Like with operating costs, the State’s failure to help fund school construction has led to a dramatic increase in local school bond and levy costs which in turn have led to a rapid rise in local property taxes.

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This unfair property tax burden increase on middle class homeowners is as high as $2,000 additional dollars per year on the average home in King County. For example, in 2014, residents in King County paid on average $4,507 annually in property tax. This is more than twice what we paid in property taxes in 1996. This dramatic rise in property taxes can best be seen in the chart of total King County Taxes since 1996. The total property tax collected has more than tripled even as funding for schools and other services have been slashed:

Source: 2015-2016 King County Issue Paper General Fund Financial Situation
http://kingcounty.gov/exec/PSB/Budget/2015-2016.aspx/2015-16Issue_Paper-GenFundSit.pdf

By rolling back these property taxes to what they were in 1996, the average homeowner in King County would save more than $2,000 per year.

Washington Supreme Court Orders the State Legislature to Comply with our State Constitution
In January 2012, the Washington State Supreme Court ruled that the State legislature had failed to adequately fund our public schools. The Supreme Court gave the State legislature 5 years – until September 2017 - to comply with our State Constitution. Sadly, our State legislature ignored this Supreme Court order during the 2012, 2013 and 2014 legislative sessions. In September 2014, the Supreme Court found the State Legislature in Contempt of Court for failing to make steady progress towards fully funding public schools. In 2015, the State legislature again failed to make steady progress towards fully funding public schools. Therefore in August, 2015, the Washington Supreme Court sanctioned the State legislature by assessing fines for failure to fully fund our public schools. Despite these sanctions, the legislature continues to ignore their constitutional obligation to fully fund school construction, repair and operation.

Follow the Money!
The legislature claims that they do not have the money to fund our schools. But everyone in Olympia knows where the money went that used to be invested in our public schools. In the 1980s, our State was 11th in the nation in school funding. However, since then, as the following charts show, tax breaks for billionaires and wealthy multinational corporations have skyrocketed to more than $30 billion per year – at the same time that state revenue and school operation funding have plunged to near the lowest in the nation. We propose rolling back these tax breaks for the rich by 20% in order to restore school operation and construction funding.


Here is the increase in tax breaks during the past 15 years:

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You can see that tax breaks for the wealthy are about four times greater than school funding for our state's one million school children. Since 2000, tax exemptions have increased by $16 billion from $20 to $36 billion while school funding has increased by $4 billion from $5 to $9 billion. We propose reducing tax exemptions by $16 billion per year - rolling them back to what they were in 1996 – so that we can increase school construction and operation funding by $12 billion per year.

While school funding in Washington state has gone up in absolute value, as a percent of income it has declined far below the national average:

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The sharp decline in school funding is closely related to state tax receipt income which has also declined sharply due to the rapid rise in tax exemptions since 1997. These massive tax loopholes for the wealthy cause Washington State to have the most unfair tax system of any State in the nation:

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While there are more than 700 tax loopholes for the wealthy, we propose eliminating just the last 300 of them. We believe that it is more important that our kids have safe schools to go to than that billionaires have money to buy bigger boats. This will not harm billionaires as they can deduct their state taxes from their federal taxes. So our proposal is really just a several billion dollar transfer from the federal tax rolls to the state tax rolls.

School Construction Backlog Analysis
Now that we understand the history and underlying cause of the school construction funding shortfall in Washington state, we will take a closer look at how to calculate the total school construction backlog. We mentioned earlier that school construction funding has been under-funded by an average of $2 billion per year for the past 20 years leading to a $40 billion backlog. But it is actually a little more complex than this. There are several problems all of which have gotten worse over time. These include:


#1 Failure to build Permanent School Building – leading to an unhoused student rate of 10% - among the highest in the nation and double the national average.

#2 Classrooms needed for Full Day Kindergarten

#3 Cutting Class Sizes in Grades K through 3 in half

#4 Cutting Class Sizes in Grades 4 through 12 in half

#5 Very Old Unhealthy Schools that do not meet the State Health Code

#6 Very Old Crumbling Schools that do not meet the State Earthquake Safety Code

Over half of the schools in Washington state are more than 50 years old. These are the schools that do not meet the health code or the earthquake code. There are more than 2000 schools in Washington state. So there are more than 1000 schools that are dangerous and need to be replaced. We will now take a look at how much each of these problems will cost to get fixed. The only good news is that when we fix problem #6, we will also fix problem #5.

#1 Failure to build Permanent School Building – Providing Real Permanent Schools for 100,000 Currently Un-housed Students in Washington State would cost $6 Billion Dollars
When billions of dollars in school bonds go down to defeat, school districts are forced to buy temporary portable boxes to use as classrooms. According to a 2008 report by the Washington State Auditor, these portable classrooms cost more than twice as much to heat and maintain as real classrooms.

The most energy-efficient portables cost about 2.5 times as much to heat, cool and light compared to permanent school buildings.”
Performance Audit Report 1000013 Page 21.
http://app.leg.wa.gov/ReportsToTheLegislature/pdf.ashx?f=ar1000013_fcb4d5ab-253a-468d-b748-299d2f896cc4.pdf


Despite the huge long term cost of portables, the number of permanent school buildings has plunged while the number of portable school buildings has skyrocketed. Fewer permanent classrooms were built in 2005 to 2014 than at any point in the past 30 years. Currently for every permanent new school building in our state, there are two to three temporary particle board boxes added to our schools. These boxes may cost a little less initially. But they cost much more over the long run and are not good learning environments for our students.

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T
hese temporary buildings are not only very expensive in the long run, but they also cause health problems in students and teachers. According to the 2008 Auditor report, one in ten of our children – or more than 100,000 children in our State - are attending school in inefficient and unhealthy particle board boxes. This unhoused student rate of 10% is double the national average which is only 5%. As a consequence the average age of permanent school buildings in Washington state is now more than 50 years old!


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At 500 students per school, we need to build 167 more schools just to address the 100,000 un-housed student problem in our state.

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The actual cost of each school is currently about $20 million for an elementary school, $40 million for a middle school and $80 million for a high school. We will assume that one half of the unhoused students attend elementary school, one quarter attend middle school and one quarter attend high school.

The total cost of building 167 additional schools is about $5.6 billion.

#2 Classrooms needed for Full Day Kindergarten… Cost for Full Day Kindergarten Classrooms is $1.6 Billion Dollars
Washington state is moving from half day to full day Kindergarten in the next two years. This is the equivalent of increasing Kindergarten students from 40,000 to 80,000 students. Yet with classrooms already exploding at the seams, there are no classrooms available for these additional 40,000 students. At 500 students per school, it will take building 1600 additional classrooms or 80 additional elementary schools. 80 schools times $20 million per school would require $1.6 billion. True to their pattern of only providing a small fraction of the actual cost, the legislature has proposed providing only $280 million or less than $200,000 per classroom – less than one fifth the actual cost!


#3 Reducing Class Sizes in Grades K through 3 will cost $4 billion dollars
Another change scheduled for the next three years is reducing class sizes 320,000 students in Grades K through 3 from the current 24 students to 17 students. This will require not only hiring another 5,400 teachers but also building another 5,400 classrooms. At 27 classrooms per new school, this is another 200 elementary schools. Multiple 200 more schools times $20 million per school and the total cost is $4 billion dollars. The capital budget bill, House Bill 115, had $4 billion in funding. However, only one tenth of this or $400 million was for public schools. This was only $200 million per year or $200 per student.


#4 Reducing Class Sizes in Grades 4 through 12 to Support Initiative 1351 will cost $12 Billion Dollars
One of the excuses used to delay Initiative 1351 for four more years was the claim that there are not enough classrooms to support smaller class sizes and it will take years to build all of the classrooms. But while Initiative 1351 was delayed four more years until the 2020 -2021 school year, nothing was done to actually build the classrooms! The average class size in Grades 4 through 12 in Washington state is more than 30 students versus a national average of less than 27 students. Initiative 1351 approved by the voters in 2014 mandates lowering class sizes in Grades 4 through 12 to 25 students. 8 Grades times a grade cohort of 80,000 students is 640,000 students. It would take another 5000 teachers and another 200 schools to lower class sizes down to 25 students for these grades. But middle schools cost $40 million each and high schools cost $80 million each. So we need $4 billion for 100 middle schools and $8 billion for 100 high schools. The total is $12 billion.


Add $12 billion to $4 billion for K3 classrooms plus $1.6 for full day kindergarten plus $5.6 for 100,000 unhoused students comes to $23.2 billion.

#5 Public School Building Health... A Hidden Crisis!
In addition to building new schools, we should also insure the health and safety of existing public schools. Sadly, our state faces a school repair backlog that exceeds more than $10 billion and is certain to be endangering the health of our students. Nearly all buildings are subject to building codes which are regulations intended to insure the safety of occupants. Building codes are revised about every three years. The only buildings exempt from these rules are public schools. In order to keep the construction and repair cost of school buildings down, safety codes for public schools have not been revised in nearly 40 years (since 1971). While an updated school health rule was proposed by the Washington State Board of Health in 2009, the State Legislature has refused to allow the Board of Health to implement the new school health rule.  This means that the buildings school children are required to spend their days in are the least safe buildings in our State.

Four main areas of concern include:
1. Air quality and ventilation,
2. Water quality,
3. Protection from pathogens such as mold and mildew.
4. Structural Soundness to Remain Standing in the Event of a Major Earthquake.

Responding to concerns and complaints from parents and teachers, there have been several attempts to address these problem, both legislatively and from the Washington State Department of Health.

In 2005, Representatives Chase, Kenney, Santos and Hasagawa introduced House Bill 2177 requiring the testing of toxic mold in schools. The bill never even got a hearing.

Also in 2005, Senators Jacobsen, Rockefeller, Kohl-Wells, Kline, Franklin and Edie Introduced Senate Bill 5029 which would requiring Safe Drinking Water in Schools There was also a companion bill in the House (HB 1123) on Safe Drinking water in schools sponsored by Representatives Kenney, Dickerson, McIntire, Morrell, Santos, Cody, Upthegrove, Hasegawa, Moeller, Kagi, Ormsby, Chase, Williams, O'Brien, Green, Sullivan, Sells, Wallace, and McDermott. This bill was never brought up for a vote.

Recognizing the lack of support for improving school building safety in the legislature, proponents have also tried to get these safety issues addressed administratively through the Washington State Board of Health by updating the School environmental health (EH) rule, chapter 246-366 WAC (CR 102). Several hearings on the proposed rule update have been held during the past 15 years generally with parents and teachers asking for better air and water quality monitoring while legislators are generally opposed due to concerns about the cost of making schools healthier. These hearings were held by the Board of Health’s Environmental Health (EH) Committee.

During public hearings in 2008, one parent described their child coming home with extreme fatigue, vocabulary loss, headache, bellyaches, and dizziness. Drinking water in her classroom was later found to contain elevated levels of lead. Another parent said her son would complain of terrible stomach pains before dinner every night. She later found out his school had high concentrations of copper in its drinking water.

One parent asked: “I know it will cost money to have safe drinking water in our schools. But how much is a child’s life worth?”

Lead exposure in childhood is known to result in reduced brain size, increased aggression, and a greater likelihood of criminality as a teen and adult. The Department of Health estimates that 30% of schools in Washington have drinking water levels that exceed 20 PPBB for lead. This problem occurs mainly in older crumbling schools that are also structurally unsound. It has been estimated that improving indoor air quality would reduce asthma rates by 20% saving our State more than $2 billion a year in health costs as well as greatly improve academic performance.

In April, 2009, House Bill 2334 was offered by Representatives Dunshee, Williams, Hunt, Ormsby, White, Conway, Hudgins and Chase which would provide $3 billion in school construction and repair bonds. A portion of these funds were intended to cure health problems in our public schools. The Bill eventually died in the Rules Committee and was never brought up for a full vote in the House of Representatives. It is amazing that anyone could vote against a bill essential for protecting the health and safety of school children.

On June 10, 2009, the EH Committee wrote a letter stating that despite making many compromises to reduce the cost, the 2009 legislature included a clause in the final 2009-11 operating budget, passed April 2009 as ESHB 12444, in Section 222 prohibiting the State Department of Health from implementing any new or amended school facility rules without approval of the legislature.

It is known that due to the failure to maintain our public schools, many schools suffer from extreme toxic problems that may cause health problems in sensitive children. Given the rapid rise in asthma, allergies, leukemia, and other severe childhood health concerns, the failure to permit the revision of school health standards, essentially raising them up to the standards already existing for other buildings, is very troubling.

#6 Replacing Very Old Crumbling Schools that do not meet the State Earthquake Safety Code will cost about $40 billion
When we add the $10 billion school health problem to the $23 billion school construction backlog, the total school construction and repair backlog appears to be over $30 billion. However, this does not include the biggest cost of all – rebuilding over half of our dangerous 50 year old schools to prepare for the next major earthquake. This will cost more than $28 billion. However, since it is the older schools that suffer from both health problems and structural problems, the total bill to upgrade every school in our state to the current building and health codes is about $40 billion.


Relocating and Rebuilding Half of All Public Schools to use as Community Emergency Shelters will cost about $28 billion
As we noted above, over half of all schools in Washington state are more than 50 years old. Few if any of these buildings are earthquake proof. Yet half of our 60,000 teachers and one million students are required to spend 180 days per year inside of these unsafe crumbling buildings. This is a serious danger because a recent article in the New Yorker explained that Oregon, Washington and British Columbia may soon be hit with the worst natural disaster in history – a Magnitude (M) 9.0 Mega Earthquake due to a rupture of the Cascade Fault out in the Pacific Ocean. http://www.newyorker.com/magazine/2015/07/20/the-really-big-one

The last major quake in Washington State was the 2001 Nisqually quake which measured 6.3 on the Richter scale. http://seattlecentral.edu/faculty/jhull/richter.html

Since an8.0 earthquake is ten times worse than a 7.0 quake and a 9.0 quake is 10 times worse than a 8.0 quake, a 9.0 Mega Quake is 160 times worse than anything we have ever experienced here in Washington state.

The coming Mega Quake could kill thousands of people and cost billions of dollars. Power, food and water supplies could be out for more than one month. Half of all bridges, half of all buildings, half of all schools and half of all homes may be damaged – especially bridges, buildings, schools and homes that are more than 40 years old.

Before dismissing this danger as just one of many threats that will never really happen, here is the pattern of Class 9 Cascadia induced Mega Quakes in the Pacific Northwest for the past 4,500 years. Ever since 2500 BC, our region has suffered a Class 9 mega quake about every 500 years including 2000 BC, 1500 BC, 1000 BC, 500 BC, 0 AD and 500 AD. Major 8.0 Earthquakes have occurred between the Mega Quakes such that the average period between earthquakes was about 200 to 300 years. But then at 500 AD, the pattern changed. 9.0 Mega Quakes have occurred a total of 5 times since 500 – a rate of once every 300 years. Here is the pattern since 500 AD:

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As you can see, at more than 315 years of quiet, we are already in the longest period of quiet between Mega Quakes during the past 1500 years. The last time there was this long of a quiet spell was in 200 AD to 500 AD. This last long quiet period between 200 AD and 500 AD was followed by two 9.0 quakes and one 8.0 quake in just 200 years between 500 AD and 700 AD.

These Mega Quakes are all caused by a build up of pressure in the Cascadia Fault. The longer times goes on between faults, the more the pressure builds up and the worse the Mega Quake becomes when it finally does occur. It is therefore likely that the amount of pressure built up currently is similar to the pressure built up in the previous quiet period.

If this were a mathematical probability puzzle, the best guess for the next quake would be sometime between 1900 AD and 2000 AD. So we are already past the most likely time for another earthquake in the 8.0 to 9.0 range. This delay increases the likelihood that the next quake will be a 9.0 quake. From a math probability standpoint, a 9.0 mega quake is likely to occur in the Pacific Northwest in the next 50 to 100 years – and could happen anytime since it is already passed due.

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A more interesting question is why the Mega Quake has not happened already. Some have claimed that the Cascadia fault is “stuck” or “locked” on something. Once it releases, there will be a huge mega quake. Every year that goes by simply increases the pressure and force of the quake when it does occur.

What will happen when the Mega Quake does occur?
One FEMA official said that the tsunami associated with this Mega Quake will be more than 100 feet high, move at more than 15 miles per hour and wipe out everything west of Interstate 5. Below is an image of what downtown Seattle will look like when the Viaduct collapses.


16 In 2011, Oregon leaders recognized the need to prepare for the eventual likelihood of a major seismic event and called for a statewide plan. The Oregon Resilience Plan was completed in 2013, which can be accessed here: http://www.oregon.gov/OMD/OEM/osspac/docs/Oregon_Resilience_Plan_Final.pdf

This plan concluded that water and power will be out for at least one month. Here is a quote from this report: “When, not if, the next great Cascadia subduction zone earthquake strikes the Pacific Northwest, Oregon will face the greatest challenge in its history. Oregon’s buildings, transportation network, utilities, and population are simply not prepared for such an event. Were it to occur today, thousands of Oregonians would die, and economic losses would be at least $32 billion. In their current state, our buildings and lifelines (transportation, energy, telecommunications, and water/wastewater systems) would be damaged so severely that it would take three months to a year to restore full service in the western valleys, more than a year in the hardest-hit coastal areas, and many years in the coastal communities inundated by the tsunami... We need to start preparing now by assessing the vulnerability of our buildings, lifelines, and social systems, and then developing and implementing a sustained program of replacement, retrofit, and redesign to make Oregon resilient to the next great earthquake… This study surveyed public schools and public safety buildings (police and fire stations, hospitals, and emergency operation centers) in Oregon and assessed their potential for collapse in a major earthquake. Almost half of the 2,193 public school buildings examined had a high or very high potential for collapse, as did almost a quarter of the public safety buildings... Over half of the bridges in Oregon are also expected to collapse.”

It is almost certain that a Cascadia subduction zone earthquake will cause all private and public utilities to fail; this means there will be no municipal water or sewer service, no electricity, no telephone, and no television, radio, or Internet. “

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Here is an analysis from the Oregon Earthquake Plan:

The reason that power will be out for so long is that communications can not be restored until power is restored. Food and gas supplies also require power and roads. Banking also requires power. But power cannot be restored until roads and bridges are restored. But how can we restore roads and bridges without power?

The answer is that rescue and repair people would have to start at Spokane and start repairing power and roads and bridges working their way westward to the Puget Sound region. Crazy as this sounds, this is actually the plan.

Schools are among the most heavily used public buildings and one of a few classes of buildings whose occupants’ presence is compulsory. In 2010, the Western States Seismic Policy Council (WSSPC) adopted a policy recommendation that states, “Children have the right to be safe in school buildings during earthquakes” (WSSPC, 2010).

OSPI says there are 4000 permanent school buildings and about 4000 portable buildings. Since half of these school buildings are at risk of collapsing, half of our one million students or 500,000 students are at risk of being killed or injured. Yet, the Washington legislature has done almost nothing to protect our public schools.

Using Public Schools as Emergency Shelters
Shelter including a place with food and water will be essential to insure the survival of those whose homes are destroyed by the mega quake. If half of the homes and apartments are destroyed, this will require emergency shelters in every community. The most common buildings on the lists of community emergency shelters are public schools capable of holding a large number of occupants. However, if half of the school buildings are also destroyed, many communities will be left without any emergency shelters just when these shelters are most needed.


In addition, if schools collapse when students are in them, the death toll and injuries resulting from even a single school building collapse could be staggering. Here is a map of the location of schools with the areas at greatest risk shown from west to eat:

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Here is a more detailed map of the schools are greatest risk in the Puget Sound region:

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What would it cost to relocate and replace schools for 500,000 students?
This is actually relatively easy to calculate. We have previously determined that it would cost about $5.6 billion to build 167 schools for 100,000 unhoused students (replacing more than 500 portable classrooms). Therefore, it will cost about $28 billion to relocate and rebuild about 1,000 schools for 500,000 students. But since about $10 billion these schools are covered in the $22 billion school construction projects to reduce class sizes, the actual amount needed is about $18 billion. The entire building program would mean that Washington state would have at least 3,000 modern earthquake proof schools that could be used as Community Emergency Shelters in the aftermath of a Class 9 earthquake. All that would be needed besides these 2,000 buildings would be stockpiles of food and water for the entire community to last for 30 days until outside transportation and communications could be restored.


Adding it all up... The total cost for these 1,650 schools is $51.2 Billion Dollars

Real Schools for 100,000 Currently Unhoused Students........ $5.6 Billion Dollars
Full Day Kindergarten Classrooms...........................................$1.6 Billion Dollars
Reduce Class Sizes in Grades K through 3............……............$4 Billion Dollars
Reduce Class Sizes to Support Initiative 1351......……............$12 Billion Dollars
Replace Unsafe Crumbling Schools for 500,000 students…... $18 Billion Dollars
Total School Construction Needs …....................................$41.2 Billion Dollars


Total School Construction budget for the next two years (2016-2017)is only $440 million per year – only one percent of what is actually needed!

2015 Legislature Continues to Ignore the Actual Cost of Building Schools
In the school construction section of the 2015 legislature's July 27threport to the court, theyfalsely claims that the 2015 budget “funds full implementation of all-day kindergarten in the 2016-17 school year and “makes steady and substantial progress toward funding for K-3 class size reduction in the 2015-16 and 2016-17 school years.”


In fact, Senate Bill 6080 which supposedly provides the funding to built the classrooms needed to lower class sizes in Grades K-3 only provides $200 million during the next two years. Even this $200 million is an illusion because what the legislature really did was CUT $200 million from the previous biennium budget and then RESTORE $200 billion in this biennium budget and then claim they increased funding by $200 million when they only restored their previous budget cut. This is the kind of “smoke and mirrors” that the legislature is trying to put past the voters and the Supreme Court.

To be more precise, from the 2011 biennium to 2013 biennium, school construction funding fell from $800 million per biennium to $600 million per biennium. Thus, $200 million was cut from the previous biennium's school construction budget. In the 2015 biennium, the legislature merely added back the $200 million they cut two years ago. Now they have the audacity to call it new funding! In the current two year period, they alloted $600 million for school construction and put the other $200 million in a special account for K3 class size reduction. This makes it look like the legislature did something when they really did not increase funding at all over their $400 million per year level of four years ago – a level that only funded 10% of actual school construction.

Here is a chart of Washington School Construction funding during the past 10 years.
http://leg.wa.gov/House/Committees/CB/Documents/2015/CB_BriefingBook.pdf


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The $440 million per year for the 2015 and 2016 school years is much less than the $400 million for the 2007 and 2008 school years due to inflation. But more important, $400 million per year in 2007 and 2008 were only one tenth of what was actually needed due to the prior years school construction funding shortfalls. As we have shown, $440 million per year is only a tiny fraction of what is actually needed.

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Sadly, the rules to get state matching funds make it almost impossible for school districts to qualify. For example, even though the Seattle School District needs hundreds of millions of dollars of new schools, they only qualify for a “Two Percent” State Match. As the following graph shows, the grossly inaccurate school construction match formula means that in recent years, the entire amount of state matching funds has not even been used:


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Subtracting the unused Cash Balance, the amount spent on school construction in the 2011 to 2013 biennium and the 2013 to 2015 biennium was less than $400 million.

Does the State Constitution Require the Legislature to Build Schools?
The legislature's response to this huge backlog? Many in the legislature have made the ridiculous claim that they have no responsibility to build schools – only to operate them! According to the legislature's 2015 report to the court, school construction is not their responsibility. Instead, each school district is responsible for building their own schools. Here is a quote from their report to the court: “Part IV: School Construction A. Capital Budget Second Engrossed House Bill 1115 (2015) Funding for school construction is appropriated in the state’s capital budget bill and is outside the state’s statutory program of basic education. The capital budget provides $611 million in state appropriations for the School Construction Assistance Program, under which the state allocates matching funds to school districts. In addition, as described below, the capital budget provides an additional $200 million for grants targeted to K- 3 class size reduction and all-day kindergarten.”


Here is their interpretation of the state constitution found in Section 101 of Senate Bill 6080 passed by the legislature in July 2015: “Article VII, section 2 of the state Constitution authorizes school districts to collect capital levies to support the construction, remodeling, or modernization of school facilities. In addition, Article VIII, section 6 of the state Constitution authorizes school districts to incur debt up to eleven and one-half percent of the total assessed value of taxable property for school construction and Article VII, section 2 of the state Constitution authorizes school districts to pay for this debt by issuing general bonds.”

It is absurd to contend that the drafters of our state constitution intended for the state to provide for a uniform system of public schools including paying for all of the teachers – but then not be responsible for paying for the classrooms required by those teachers to actually teach in. It is even more absurd to claim that the drafters of our constitution were aware of the drawbacks of over-reliance on local levies in terms of creating rich schools and poor schools – but then not be aware that over-reliance on local bonds would lead to exactly the same two-tier system of wealthy school districts that could pass local bonds and poor school districts that could not pass local bonds.

Our Supreme Court also thinks that the State Constitution requires the legislature to pay the full cost of school construction. In its January 9 2014 order the Court wrote that “the State must account for the actual cost to schools by providing these components (the cost of classrooms associated with class size reductions through additional capital expenditures).” http://www.courts.wa.gov/content/publicUpload/Supreme%20Court%20News/20140109_843627_McClearyOrder.pdf

Conclusion… A Simple Solution to the School Funding Problem
Combine $4 billion per year in school construction costs with $8 billion per year in school operating costs and it is plain that the state legislature is underestimating the cost of fully funding school operation and construction by as much as $12 billion per year. Instead of funding schools, our current leaders give away billions of dollars per year in tax breaks to wealthy multinational corporations at the same time that they tell us there is not enough money to hire the teachers or build schools. As a consequence, our children are forced to endure some of the lowest funded and most over-crowded schools in the nation.

Total annual tax breaks are currently $36 billion per year. If we simply eliminate all 300 tax breaks since 1996, we would have an additional $16 billion per year. $4 billion per year would allow us to complete the entire $40 billion school construction project in the next 10 years.

At
30,000 jobs per billion dollars, $16 billion per year devoted to school construction and hiring teachers would also allow us to create 480,000 school construction and teaching jobs.


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The good news is that a State Public Bank could leverage these funds so we could build more schools sooner and then pay ourselves back over time. As the bank builds its assets, just like the Bank of North Dakota, it will no longer need additional capital. Instead, the bank will be able to pay the tax payers income allowing us to reduce taxes and eliminate debt to private Wall Street banks just as they have done in North Dakota.

The most shocking difference between the two States is the difference in outstanding long term debt on school construction projects. In North Dakota, school construction projects are pay as you go, meaning total capital debt is only $347 million. But in Washington State, the total school debt is $9.54 billion. This is 36 times higher than North Dakota. Even adjusting for the fact that Washington State has 10 times more students, the capital debt per student is 3.6 times higher in Washington State than in North Dakota.

(See US Census Bureau Public Education Finances Table 1 Column 10 and Table 10 2013 report is the latest report published June 2015) http://www2.census.gov/govs/school/13f33pub.pdf

Clearly having their own public bank in North Dakota has resulted in much better capital funding and much lower capital costs for public school students in North Dakota. Meanwhile, Washington State schools (and homeowners) are buried under a rising mountain of debt. Sadly, because of a massive school construction backlog, the long term debt situation is going to get much worse.

Still, the most important reason to act nowis this: if we do not immediately begin replacing our older crumbling schools, when the next Mega earthquake strikes, it will collapse as many as half of all schools – causing injury or death to 500,000 innocent children as well as about 30,000 teachers.

Are tax breaks for the wealthy really more important than the lives of half a million students? It is time to start requiring billionaires to pay their fair share of state taxes so we can finally address the school construction backlog here in Washington state. This is why I am running for Superintendent - to make this happen. If you agree, then please join our campaign team, tell your friends and organize an informational session in your community. Together, we can build 1,000 urgently needed schools here in Washington state and provide every student with a safe and health school.

As always, we look forward to your questions and comments.

Regards,
David Spring M. Ed.
Candidate for Superintendent of Public Instruction
david (at) springforschools (dot) org

Our Constitution Requires Full Funding for Higher Ed

This article is dedicated to my 16 year old daughter Sierra. She is an Honors student at Mount Si High School in North Bend where she will soon be starting the 11th Grade. Her dream and the dream of many of her classmates is to graduate from high school and go on to college. This article explains why the dream of attending college will turn into a nightmare of debt for our kids unless voters in Washington State wake up and kick out the corrupt occupants of our State legislature – whose corruption is so extreme that they are killing the dreams of an entire generation of children simply to protect tax breaks for a few wealthy corporations like Microsoft and Boeing.

In the interest of full disclosure, I should note that I was the first and only child in the history of my family to get a college degree. I went to Washington State University in the 1970’s when the State paid for 80% of my tuition. Because I scored in the top 1% on the Math SAT, I got scholarships for the remaining 20%. My family was so poor that my parents could barely pay their own expenses, much less send me to college. Going to college made a huge difference in my life. This is why, when my daughter was a baby, the first sentence I taught her to say was “I go to college.” She could say it before she turned One. So as the parent of a very bright 11th Grader, I am angered and appalled by how our legislature has gutted funding for higher education in the past 20 years. I hope you are too and I hope you take action to correct this problem in the 2016 election by voting for challengers in the coming elections rather than the incumbents in Olympia who have inflicted this devastating blow to the hopes and dreams of our children.

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Historically, the Washington State legislature paid for about 75% of the cost of higher education and/or vocational training. Currently, the legislature pays for about 20% of the cost with students and their families paying the rest - which is why the average student winds up $40,000 or more in debt just trying to complete a 4 year degree required to get a good paying job.

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If your parents are poor, forget it. Tens of thousands of students who qualified for State Need Grants in Washington state do not get the aid they qualified for because the legislature refuses to provide the funds.

In this article, we will take a closer look at the Washington State Constitution and explain why students have a Constitutional right to at least two years of free college and possibly even four years of free college. We will then describe our plan for providing every student in Washington State with two years of free higher education or vocational training.

How Higher Education in Washington State is Currently Funded
The total cost of higher education in Washington state is about $5 billion. The state legislature currently pays about $1 billion per year. The federal government and others also provide about $1 billion per year in scholarships (not including loans). This means that students and their families now must pay for the other $3 billion - whereas in the past, students and families only paid for about $1 billion. In the past, adjusting for inflation, the split was the equivalent of $3 billion State, $1 billion federal government and $1 billion families. This is why tuition has essentially tripled in the past 20 years.

Here is a graph of what it used to be in 1996 versus what it is today:

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The Cost of Attending WSU or UW is now over $20,000 per year
Tuition and fees to attend Washington State University have skyrocketed since 1996. It is now about $12,000 per year. This does not include books or room and board which pushes the cost up to over $20,000 per year.

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The lack of state support for higher education has resulted in Washington State students being forced to pay $4,000 more per year (for a total of more than $10,000 per year) just to attend college.

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Where is all this $2 billion going now that used to go to Higher Ed???
The answer is that the entire $2 billion has been robbed from Higher Ed and given away in tax breaks for wealthy multinational corporations who pay for the re-election campaigns of our corrupt legislature. Tax breaks for these corporations have skyrocketed from $20 billion per year in 1996 to more than $36 billion per year today.

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Our state is a literally a tax haven for billionaires and wealthy corporations. In fact, our state gives away $36 billion per year in tax breaks each year that go almost entirely to the very wealthy. These tax breaks are crazy because corporations like Microsoft and Boeing make more than $20 billion per year in profit. If we required them to pay their fair share, it would not hurt them because they could deduct their state taxes from their federal taxes.

Moreover, these tax breaks have not created any jobs! Ironically, almost none of these massive tax breaks are being used to create jobs here in Washington State. Instead, these billions of dollars are were used to build a non-union Boeing plant in South Carolina and invest in sweat shops in China. These tax breaks therefore serve only to eliminate jobs here and outsource them to other states and nations. So all these tax breaks really do is rob from our kids and our schools. Our kids deserve better than this. If we insisted that billionaires and wealthy corporations pay their fair share of state taxes by rolling back out of control corporate tax breaks!

These skyrocketing corporate tax breaks amount to a transfer in wealth of about $2 billion per year from the pockets of working families to wealthy multinational corporations like Microsoft and Boeing. Instead of granting billions of dollars in tax breaks to wealthy multinational corporations, while our college students are saddled with a lifetime of debt, it is time to demand that full funding not only be restored for K12 schools, - but also for higher education.

How this $2 billion per year wealth transfer harms students
Just when our young people should be planning on buying homes and starting families, they find themselves financially paralyzed by oppressive levels of debt.  This becomes a lifetime of debt thanks to a change in federal bankruptcy laws which prevent students who do not have jobs from discharging the debt. What makes all of this lifetime debt slavery burden even worse is that many college graduates are not able to get the “good jobs” that were promised them.  So with limited job prospects and suffocating levels of debt, this generation of young Americans is increasingly putting off major life commitments such as buying a home and getting married. Their problem is that earnings and debt aren’t moving in the same direction. From 2005 to 2012, average student loan debt has jumped 35%, adjusting for inflation, while the median salary has actually dropped by 2.2%.Last year it was reported that 34.9 percent of all student loan borrowers under the age of 30 are at least 90 days behind on their student loan payments.One survey found that 27 percent of those with student loan debt moved back in with their parents after college.

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How Billions in Cuts by the Legislature Harms our Universities
State funding for the University of Washington and Washington State University were cut from 2008 to 2012. Our regional universities also were cut in half. One of the consequences of these devastating cuts was a huge reduction in faculty at our colleges and Universities. Between 2008 and 2012, the University of Washington eliminated over 1,000 positions. Washington State University eliminated sixteen degree programs, eliminated 1,000 courses and eliminated 581 faculty positions. Despite these reductions, our state universities were still forced to double student tuition shifting $2 billion of the cost of higher education from the state to students and their families.

On of the most significant bills transferring this burden onto the backs of working families was 2011 House Bill 1795 which "allowed our state's five universities to raise rates however much they needed during the next four years to make ends meet after their funding was gutted by the legislature. Seaquist and Reykdal not only voted for this bill - they were two of the bill's main sponsors!

Washington ranks near the bottom of the nation in higher education funding as a percent of income
As a consequence of draconian bills like 2011 House Bill 1795, state support for higher education fell more in Washington State than in any other state in the nation between 2008 to 2015. A November 2015 Report by the Urban Institute found that State support for higher education in Washington state was 20% below the national average as a percent of income. http://www.urban.org/sites/default/files/alfresco/publication-pdfs/2000501-Financing-Public-Higher-Education-Variation-across-States.pdf


I will immediately restore $2 billion that has been cut from higher education in Washington state since 1996 plus add $2 billion per year to make higher education completely free
As Superintendent, I will take $4 billion from the $16 billion in repealed tax breaks to restore higher education funding. I will act quickly to save students more than $40,000 in tuition costs during their first four years of college. Restoring funding for higher education and public schools is not only the legal thing to do to comply with our state constitution, it is also the right thing to do economically as it would pump $16 billion per year back into Washington's local economy - creating more than 160,000 public sector jobs and more than 320,000 private sector jobs for a total of 480,000 urgently needed new good paying full time jobs. Right now, over half of all young adults under the age of 25 can not find a living wage job. If I am elected, we will put them all back to work.


Why the Washington State Legislature has Paramount Duty to Fully Fund Higher Education
The claim has been made that the legislature had to cut billions of dollars from higher education funding because our Constitution prohibited them from making cuts from K-12 School funding during the current economic recession. A myth has been promoted for years that our Constitution ONLY protects K12 education funding and not higher education funding. However, that myth is not true. Here we will review our state constitution to better understand why the drafters of our State Constitution also intended for higher education to be an integral part of our public school system.

Article IX of the Washington State Constitution declares:

SECTION 1 PREAMBLE. It is the paramount duty of the state to make ample provision for the education of all children residing within its borders...

SECTION 2 PUBLIC SCHOOL SYSTEM. The legislature shall provide for a general and uniform system of public schools. The public school system shall include common schools, and such high schools, normal schools, and technicalschools as may hereafter be established.

It does not take a Supreme Court Justice to figure out that the paramount duty includes not only K12 education but the complete education of all children and that the system of public schools is not limited to just K12 schools but also includes "normal schools" which today we call Teachers

colleges and "technical schools" which includes public vocational schools, community colleges and public universities. The purpose of this complete system of public education was to provide students with the skills and knowledge needed to participate in the economy and in our democracy.

It is a basic fact that students need a post-secondary degree to compete in the modern-day economy.Cutting billions of dollars from one part of the system of public schools to save funding for some other part of the system of public schools - while at the same time giving billions in tax breaks to wealthy multinational corporations is a clear violation of our state constitution.

I have been writing articles about the paramount duty to fund higher education for more than 8 years. Thankfully, in January 2015, one of our state's leading constitutional scholars wrote a very detailed article agreeing with me. Hugh Spitzer, who teaches constitutional law at the University of Washington, said the same part of the state constitution that defined public education as the state’s “paramount duty” also defined the public school system as including normal schools and technical schools.

Here is a link to his legal analysis. http://digital.law.washington.edu/dspace-law/bitstream/handle/1773.1/1404/89WLRO15.pdf?sequence=1&isAllowed=y

But the reality is that the State Constitution was written in plain words by common people such that any of us can understand what it means. You do not need a law degree to figure out that the state’s obligation to provide for a general and uniform system of public schools, described in Article IX, Section 2, extends beyond the K-12 system to post-secondary teacher training and technical training. Historically all public schools in Washington state were free to all students between the ages of 4 to 24. All the way to 1915, all schools, including colleges and universities were free for all Washington residents. In 2015, the legislature imposed a tuition of $10 per year to attend the University of Washington.

Why Our Constitution Requires Full Funding for Higher Ed
First, let’s look at Article 9, Section 1 of our State Constitution:
It is the paramount duty of the state to make ample provision for the education of all children residing within its borders...

The word PARAMOUNT means top priority or most important. Giving billions of dollars in tax breaks to wealthy multinational corporations should not be a higher priority than providing for the education of all of the children in our State.

The next question is what is meant by "making ample provision for the education of the children." Some would like to limit this term to merely providing for a teacher. But in fact, making provisions also includes providing buses to bring children from their homes to their public school. It also includes building and repairing schools so that teachers have a safe and secure place in which to teach our children. The State must pay not only a portion of the cost of operating and building and repairing schools, but the ENTIRE cost of operating, constructing and repairing public schools.

But “the education of all children” as defined in our State Constitution does not merely mean reading writing and arithmetic. Instead, the drafters of our State Constitution meant the total education of our children – total as in preparing children to be active members of our democracy and also total is in preparing children to actually get a job and be successful in life.

Let’s take a look at what the drafters of our State Constitution stated should be included in our Public School System Below is a chart which depicts the public school system as intended by the Washington State Constitution: At the beginning of Article 9, Section 2, our Constitution says
The legislature shall provide for…”. The word SHALL means that it is a mandatory duty. If it were an optional duty, the drafters of our Constitution would have said “The legislature MAY provide for. “

Note that our Constitution specifically refers to four kinds of schools as being part of the “system of public schools.” The myth is that our Constitution only requires funding the elementary schools and secondary schools (Grades K through 12). However, our State Constitution also requires ample funding for public normal schools and public technical schools.

The next questions are: What is meant by a NORMAL school? And what is meant by a TECHNICAL school?
The drafters of our State Constitution meant something other than elementary schools or high schools in referring to normal schools and technical skills. If these were the same as elementary schools and high schools, there would have been no need for the added language. The drafters also felt it was so important to include these two extra kinds of schools that they specifically included both kinds in the State Constitution.

Finally, by using the term “technical schools as may hereafter be established”, the drafters of our State Constitution realized that the need for post-secondary education may be greater in the future than it was in 1889. They wanted to make sure that the State would provide schools for the total education of children for any future occupations and not merely for the occupations that existed in 1889.

Because our State Constitution was intended to be written in plain English, we can look at a dictionary to learn what words mean. But because the words are 100 years old, we should also look at a 100 year old dictionary or history book to see what those words used to mean.

Here is the history of the term normal school from Wikipedia.org: A normal school is a school created to train high school graduates to be teachers. Its purpose is to establish teaching standards or norms, hence its name. Most such schools are now called teachers' colleges; however, in some places, the term normal school is still used.

In 1829 Hall's'Lectures on School-Keeping' appeared--the first book in this country on the subject of teaching. It advocated the establishment of separate institution for the preparation of teachers and emphasized the necessity of improving the schools by improving the teachers." In 1838, the Massachusetts legislature passed the Normal School Act. 

The normal-school idea grew rapidly after the Civil War, and by 1910 virtually all of the state of the Union had enacted legislation for the establishment of teacher-training institution. With the growth of the idea that teachers need more than a minimum of preparation in order to do their work effectively has developed the idea of the teachers college--an institution with a curriculum designed to meet the special needs of teachers, just as a college of engineering endeavors to train engineers for their profession. In 1890, the State Normal School at Cheney was founded,


Teachers Colleges were initially a two year program and in 1920 to 1930 gradually extended to a four year program. At the time, there were three normal schools in our State. Currently, most teachers colleges are a 5 year program with the expectation that teachers will eventually have a Master’s Degree and 6 to 7 years of training.

Below is the definition of technical school from the American Heritage Dictionary: "Technical school... A post-secondary vocational school that trains students in a variety of skills, especially in the manual trades, health care and computer technology."

Obviously the drafters of our State Constitution did not intend that all students would be trained in computer technology. But they did intend that the system of public education funded by the State should include two post-secondary forms of education: teachers colleges and technical colleges.

First, the drafters of our State Constitution specifically intended that Public Teachers Colleges would be an integral part of our system of public schools. This makes sense when one realizes that we have to train teachers in order to have teachers to teach children.

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Washington State Normal School, in Ellensburg, Washington, established by the Washington State legislature in 1890, the year after the State Constitution was drafted.


The purpose of this normal school was to train teachers to teach in Washington’s common schools and high schools. Students attended this normal school free of charge. In 1937, the name of this school was changed to Central Washington College of Education. In 1961, the name was changed to Central Washington State College. In 1977, the name was changed to Central Washington University.

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Barge Hall, the first normal school building in Washington State was built at the Washington State Normal School in Ellensburg in 1893 and is now part of the national historic registry.

Our State now calls our public teachers colleges “Colleges of Education.” There are several public teachers colleges in our State – with the main ones being at the University of Washington, Washington State University, Western Washington University, Central Washington University and Eastern Washington University. Cutting funding for any of these teachers colleges is just as harmful to our system of public schools as cutting funding for our elementary schools, middle schools or high schools!

Second, the drafters of our State Constitution specifically intended that Public Technical Colleges would be an integral part of our system of public schools. As mentioned about, these technical schools were not merely high schools as there would have been no need to add the words technical schools if all that was intended was public high schools. There was only one possible reason to add the term technical school to the Constitution and that was that the system of education should also include the kind of training that would help children get a job. Today, we call such schools Public Vocational Technical Colleges. These include Lake Washington Voc Tech in Kirkland and Bates Voc Tech in Tacoma.

The only question remaining is whether the drafters of our State Constitution intended for the public school system to be limited to elementary schools, secondary schools, teachers colleges and technical colleges?
Here we must look at the phrase “as may hereafter be established.” The drafters of our Constitution understood that future jobs might require more training than jobs did in 1889. In fact, that is the case today. Our legislature has established all kinds of community colleges and public universities and work training centers all over the State – just as anticipated by the drafters of our State Constitution. Every one of these public colleges and universities were intended to be part of our State’s system of Public Schools. Seen in this broader and more accurate light, the legislature has a paramount duty to amply fund colleges and universities to the same extent that they have to fully fund our K-12 public schools.

How can the legislature fully fund colleges when it has failed to fully fund public schools?
Our legislature has repeatedly claimed that it had no other option but to cut funding for public schools and colleges. This claim is false. The legislature could have instead cut some of the billions of dollars in corporate tax breaks it has been giving away during the past few years. Corporate tax breaks have skyrocketed from $20 billion per year to more than $30 billion per year in just the past 20 years.

In January 2012, just weeks after our Supreme Court found that the legislature had failed meet their Constitutional duty to fund the public schools the legislature renewed $2.2 billion in corporate tax breaks – in a single afternoon! I know because I was there and I spoke against renewing these $2.2 billion in tax breaks when the money was urgently needed to fund our public schools. Let me say this again. The legislature renewed $2.2 billion in tax breaks in less than 2 hours in January 2012 - but then claimed there was no money to fund schools! This experience is one of many reasons I have concluded that our legislature is corrupt and is never going to fund our schools.

It would take about $9 billion to amply fund K12 education – and another $2 billion to restore higher education funding to what it was in the 1980’s. So rolling back $11 billion in corporate tax breaks would still leave these give-aways to multinational corporations at $20 billion per year.

Instead of saddling our children with thousands of dollars in debt just to prepare themselves for a meaningful career, it is time to demand that our legislature honor not only their duty to fully find K-12 schools, but also to fully fund higher education. It would not harm our wealthy corporations to pay their fair share of State taxes because they could simply deduct their State taxes from their federal taxes. But it would allow our school children to attend much smaller classes and our college students to graduate from college with a much smaller debt and much higher chance of getting a good paying job.

How high does tuition have to go before parents wake up and realize that they and their children are being robbed?

How many teachers have to be fired before we start to fight back?

How many more children’s lives need to be destroyed with high debt, high unemployment and no hope for any kind of a happy future before we end the corruption in Washington State by rolling back these out of control corporate tax breaks?

It is not our public schools or our colleges which are broken. It is corporate corruption of Olympia that needs to be fixed. Elections are about what kind of future our children will have. The current disaster in school funding and higher education funding is the result of corporations buying the past several elections - and transferring the tax burden from them to you and your children.

Are we going to let them buy the 2016 election too? Or will we say enough is enough? My daughter’s future and that of all of her friends and the future of one million K12 students and 400,000 higher education students are in your hands. As always, we look forward to your questions and comments.

Regards,
David Spring M. Ed.
David (at) Spring for Better Schools (dot) org

Answers to the Supreme Court McCleary Questions

On July 14, 2016, the Washington Supreme Court ordered the State to appear before it on September 7 2016 to provide specific answers to 8 questions the Supreme Court raised in their Order regarding how and when the legislature will comply with our State Constitution Paramount Duty to fully fund our schools. In this article, I provide my answers to these 8 questions. As the voters have a right to know where each candidate for Superintendent of Public Instruction stands on these important issues, I encourage the other candidates for State Superintendent to do the same. If you are concerned about school funding, I hope you will share this article with other parents and teachers – and be sure to mail in your ballot by Tuesday, August 2nd.

Here is a link to the Supreme Court 2016 McCleary Order. It is only a couple of pages long. http://www.courts.wa.gov/content/publicUpload/Supreme%20Court%20News/OrderMcClearyv.StateofWashington071416.pdf

Here are a couple of slightly edited quotes from the Order: “Before making a decision on whether the State is in compliance, we will hear from the parties on precisely what the legislature has accomplished, what remains to be accomplished...The 2017 legislative session presents the last opportunity for complying with the State's paramount duty by 2018. At this juncture, seven years since enactment of ESHB 2261 and six years since enactment of SHB 2776, the State can certainly set out for the court and the people of Washington the detailed steps it must take to accomplish its goals by the end of the next legislative session. Therefore, by unanimous vote, the court directs the parties to appear before the court on September 7, 2016, for oral argument… where the State will be expected to provide specific and detailed answers to the following eight questions:

(a) whether the State views the 2018 deadline as referring to the beginning of the 2017-2018 school year, to the end of the 2017-2018 fiscal year, to the end of 2018, or to some other date;

(b) whether E2SSB 6195, when read together with ESHB 2261 and SHB 2776, satisfies this court's January 9, 2014, order for a plan and, if not, what opportunities, if any, remain for the legislature to provide the plan required by that January 9, 2014, order;

(c) the estimated current cost of full state funding of the program of basic education... including, but not limited to, the costs of materials, supplies, and operating costs; transportation; and reduced class sizes for kindergarten through third grade and all-day kindergarten, with the costs of reduced class sizes and all-day kindergarten to include the estimated capital costs;

(d) the estimated cost of full state funding of competitive education staff salaries, including the costs of recruiting and retaining competent staff;

(e) the components of basic education, if any, the State has fully funded in light of the costs specified above;

(f) the components of basic education, including basic education staff salaries, the State has not yet fully funded in light of the costs specified above, the cost of achieving full state funding and how the State intends to meet its constitutional obligation to implement its plan of basic education through dependable and regular revenue sources by that deadline;

(g) whether this court should dismiss the contempt order or continue sanctions; and

(h) any additional information that will demonstrate to the court how the State will fully comply with article IX, section 1 by 2018.”

Here are my answers to the eight questions raised by our State Supreme Court:

#1 What is the exact 2018 Deadline?
(a) whether the State views the 2018 deadline as referring to the beginning of the 2017-2018 school year, to the end of the 2017-2018 fiscal year, to the end of 2018, or to some other date;


There has been a lot of debate about what the deadline is for the State legislature to honor our State Constitution. The plaintiffs have claimed that it is the beginning of the 2017-2018 school year. Some in the legislature have claimed that they do not need to fully fund the schools even by the 2018- 2019 school year. My view is that even a one day violation of a student’s right to an education is a severe violation of our state constitution. Imagine a reckless driver going 75 MPH in a 25 MPH school zone – endangering the lives of students. The reckless driver then goes before the court and tells the judge they will start obeying the speeding laws 6 or 7 years from now. The court should not accept any delay in obeying the law. Justice delayed is justice denied. Students are harmed much more by being forced to attend the most over-crowded and under-funded schools in the nation than they are by a reckless driver. Our kids have only one chance at a quality education. For the legislature to claim they can delay funding schools past September 2017 is reckless, irresponsible, immoral and against the clear language of the Washington State Constitution.

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As a practical matter, the legislature must plan and provide for state funding months and years before it is actually needed. For example, the 2017 legislative session, also called the long session, is supposed to create a fiscal plan for the two year period that begins on July 1, 2017 to July 1, 2019. This includes both the September 2017 to June 2018 school year and the September 2018 to June 2019 school year. However, this fiscal spending plan is based on a revenue plan that must precede spending. Any tax changes from the 2017 legislative session, whether they are property tax changes or other tax changes, would not go into effect until January 2018 – to late to provide funds for the September 2017 school year. Schools would need to be built prior to September 2017. Since it takes at least one year to build a new school, the construction would need to have been started in the summer of 2016 and teachers would need to be hire by July 2017. Therefore it is already too late for the State to comply with the McCleary Order by September 2017 regardless of what the 2017 legislature does!

#2 Is the Plan to Create a Plan (aka Senate Bill 6195) is a real plan?
(b) whether E2SSB 6195, when read together with ESHB 2261 and SHB 2776, satisfies this court's January 9, 2014, order for a plan and, if not, what opportunities, if any, remain for the legislature to provide the plan required by that January 9, 2014, order;


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I testified against Senate Bill 6095, the plan to create a plan, because it is a worthless fake “kick the can down the road” exercise that pretends that the legislature does not know what it costs to fund schools – even though the legislature has had more than six previous planning committees answer the exact same questions that the new committee is asking.

The previous plan completed in 2012 did a detailed analysis of the cost to pay for House Bill 2261 and Senate Bill 2776 and concluded that it would cost about $6 billion in operating costs per year. This included one billion to restore teacher pay and one billion to replace illegal local levies. But it did not include the cost of school construction. Since our state has a $30 billion school construction backlog with half of our schools not meeting either the health code or earthquake standards, providing every student with a safe and healthy school would cost an additional $3 billion per year for the next 10 years. This brings the total known cost up to more than $9 billion per year – essentially doubling school funding – which is exactly what I have proposed doing throughout my campaign. This would also address the Class Size Initiative which is also part of state law and basic education. See page 49 of the following report. http://www.k12.wa.us/Compensation/CompTechWorkGroupReport/CompTechWorkGroup.pdf

My proposal is to ask the Supreme Court to repeal all 700 illegal tax breaks to wealthy corporations (which are contrary to several sections of our state constitution).

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This would provide not only provide an additional $9 billion annually to to fully fund our schools but also provide every student in our state with a free college education and/or vocational training AND also end child homelessness.

Sadly, no other candidates for Superintendent have any plan to provide the $9 billion annually to fully fund our schools. In fact, no one in the legislature has any plan to provide more than a small fraction of the $9 billion in additional revenue needed to fund school operation and construction. So the answer to whether Senate Bill 6095 would meet the McCleary obligation is No.

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The State will claim that the legislature will find a way to fund our schools in the 2017 session. But the fact is that Olympia is completely owned by wealthy corporations so there is no chance that they will repeal the billions in tax breaks for wealthy corporations. Instead, they will likely be completely gridlocked, fake their way through several “do-nothing” special sessions and then present yet another fake plan to the Supreme Court. And our kids will be forced to deal with yet another year of the lowest funded most over-crowded schools in the nation.

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#3 What is the cost of full state funding for public schools?

(c) the estimated cost of full state funding of basic education... including, but not limited to, the costs of materials, supplies, and operating costs; transportation; and reduced class sizes for kindergarten through third grade and all-day kindergarten, with the costs of reduced class sizes and all-day kindergarten to include the capital costs;

As noted above, a 2012 highly detailed study estimated that the cost was an additional $6 billion in operating costs. The study did not include capital school construction costs. Adding $3 billion per year for the next 10 years, the total additional revenue needed is more than $9 billion per year.

#4 What is the additional cost needed to end the teacher shortage?

(d) the estimated cost of full state funding of competitive education staff salaries, including the costs of recruiting and retaining competent staff;

Washington state has the 4th lowest paid and most overworked teachers in the nation. The 2012 study estimated that it would cost at least one billion additional dollars just to restore teacher pay to what it was in the 1990s. Hiring additional teachers and staff to lower class sizes as required by the Class Size Initiative would require several more billion dollars.

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#5 What has the legislature done since the January 2012 McCleary Order?

(e) the components of basic education, if any, the State has fully funded in light of the costs specified above;

Many in the legislature claim that the legislature has put billions of additional dollars into funding our schools in the past four years. But all the legislature really did was move money around from one account to another. The fact is that since the January 2012 Supreme Court order the number of students in our schools has increased by more than 32,000 students while the number of teachers declined by more than 1,000 teachers!

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Every year, our school funding crisis has gotten worse and worse and class sizes have gotten higher and higher. So the honest answer to the Supreme Court’s question is that the legislature has not done anything at all to improve school funding in Washington state.

#6 How the legislature will come up with the additional $9 billion from dependable revenue sources? (f) the components of basic education, including staff salaries, the State has not yet fully funded in light of the costs specified above, the cost of achieving full state funding and how the State intends to meet its constitutional obligation to implement its plan of basic education through dependable and regular revenue sources;

Currently, the legislature is under-funding our schools by at least $9 billion per year. This includes one to two billion dollars in illegal, unfair and unconstitutional local levy funds – which have creates a system of rich school districts that can pass school levies and poor school districts that cannot pass school levies. The $9 billion dollar question is how the legislature will suddenly come up with the needed $9 billion in 2017 when they have done next to nothing during the past four years.

The only solution to this crisis is to understand where the robbery went in the first place. Since 1996 (the last time school funding in Washington state was above the national average), the legislature has passed an additional 300 tax breaks costing our schools $16 billion per year in lost revenue. It is only by repealing these illegal tax breaks to wealthy corporations that we have any hope at all of restoring school funding. But the problem is that the legislature is owned by these very wealthy corporations. So there will be no reductions in corporate tax breaks.

So it will be up to the Superintendent of Public Instruction to use Article 3, Section 22 of the State Constitution to go around the legislature and directly to the Supreme Court asking them to declare these tax breaks to be unconstitutional. If I am elected, I will do this during my first week in office.

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Sadly, none of the other candidates are willing to take on the corporate welfare that is preventing us from fully funding our schools. So if I am not elected, our kids will be forced to endure yet another 4 years of the lowest funded most over-crowded schools in the nation.

#7 Should the Supreme Court continue sanctions?
(g) whether this court should dismiss the contempt order or continue sanctions;


The Supreme Court should not only continue the sanctions, they should state that if the legislature does not fully fund our schools by July 1, 2017, that the Court will declare all 700 corporate tax breaks to be null and void.

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#8 Additional Evidence that the legislature will NOT comply with their Paramount Duty to fully fund or schools? (h) any additional information that will demonstrate to the court how the State will fully comply with article IX, section 1 by 2018.

There are a whole host of reasons to conclude that the legislature will NEVER comply with their Paramount Duty to fully fund our schools. First, despite a direct order to pay a fine of $100,000 per day deposited into a fund dedicated for education, the legislature refused to pay the fine. Second, the legislature responded to the Class Size Initiative by delaying it for several years. Third, even after the Supreme Court ruled in 2012 that the legislature failed to comply with their Paramount Duty to fund our schools, the legislature passed the second Boeing Tax Break - the largest tax break in the history of the planet. Fourth, since 2012, the legislature has continued to pass many tax breaks while no one in the legislature even submitted a single bill to fully fund our public schools. Fifth, the legislature has failed to fully fund our schools for more than 20 years – 1996 being the last time school funding in Washington state was above the national average.

But perhaps the strongest evidence that our current legislature has no intention of ever funding our schools is a line buried on about Page 200 of every annual appropriations bill passed since 2012 - prohibiting the State Health Department from even testing whether schools are meeting health and safety standards. The leaders of the legislature know that half of our schools are more than 50 years old and do not meet health code standards. Half of our schools do not meet earthquake code standards. Given that we have more than 2000 schools, this means that more than 1000 schools in Washington state are not a safe, healthy place for our kids. At an average replacement cost of $30 million per school, it would take more than $30 billion to rebuild these 1,0000 dangerous schools.

So what is the legislature’s response to this crisis? Every year for the past four years, they have included a line in the annual Appropriations bill prohibiting the State Department of Health from documenting the health and safety problems of our schools. Even worse, our current State Superintendent of Public Instruction, Randy Dorn, is also aware of this Code of Silence and has actively helped to keep parents in the dark about the dangerous state of our public schools.

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What will happen when the legislature fails to fully fund our schools in 2017?
The current Superintendent has submitted two briefs to the Court. The first one asked the Court to shut down our public schools being July 1, 2017. The second asked the Court to declare one billion dollars in local levies to be unconstitutional – thus depriving local school districts of one billion dollars at a time when they are already grossly underfunded. If the Court takes either of these actions, it will severely harm our students when the real culprits are the State legislature and the wealthy corporations who use illegal tax breaks to rob our schools of billions of dollars.


More important, closing schools or depriving them of funds is not likely to solve the school funding crisis. The only action that will solve the school funding crisis is for the Court to declare billions in tax breaks for wealthy corporations to be unconstitutional.

Sadly, parents in Washington state seem to be asleep on the importance of this election for State Superintendent and the role they could play in restoring full funding for our schools. With only three days left for parents to mail in their ballots, only 15% of ballots have been received. At this rate, it is possible that only one in four of Washington’s four million registered voters will turn in their ballots. I therefore urge you to email every parent and teacher you know and encourage them to mail in their ballot by Tuesday August 2nd.

As always, I look forward to your questions and comments.

Regards,David Spring M. Ed.

Candidate for Superintendent of Public Instruction

Why Ending Corporate Welfare is Required by the Washington State Constitution

For the past 8 years, I have been trying to convince the Washington legislature to repeal billions in tax breaks for wealthy corporations so we can restore school funding and lower class sizes. More recently, the McCleary Plaintiffs have asked our Supreme Court to declare these tax exemptions to be unconstitutional. The non-profit group, Washington Paramount Duty (WPD) has also filed an Amicus Brief asking our Supreme Court to declare these tax breaks to suspended if the legislature fails to fully fund our schools by July 2017. Our Supreme Court has declared both verbally and in their written orders that this is one of the options they are considering. However, our Attorney General now claims that our Supreme Court does not have the power to repeal these tax breaks. In this report, we will take a close look at the meaning, purpose and history of our State Constitution. This history makes it clear that not only does our Supreme Court have the power to repeal these illegal tax breaks - but that our State Constitution REQUIRES our Supreme Court to repeal these tax breaks! Please share this important report with other parents and teachers.
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It is basic math. We cannot allow our legislature to give away $36 billion per year in tax breaks for wealthy corporations and still have enough money left to fully fund our schools and lower class sizes. This is why in their latest filing to the Supreme Court on June 17 2016, the plaintiffs for the McCleary case specifically asked the Court to declare tax breaks to be unconstitutional. Here is a quote from their brief:

"Plaintiffs continue to believe the most effective options to compel the significant revenue and funding actions needed to comply in that 2017 regular session are the school statute and tax exemption statute options discussed in plaintiffs’ prior filings... have all tax exemption statutes enacted by the legislature (before amply funding K-12 schools) struck down as unconstitutional, effective the first day of the 2017-2018 school year."
http://www.courts.wa.gov/content/publicUpload/Supreme%20Court%20News/PlaintiffsConsolidatedAnswerToJune7AmicusBriefs.pdf


Here is what the State Attorney General claimed in his June 17 2016 response to the Plaintiffs brief: "This argument puts the Court on a slippery slope that slides across constitutional limitations imposed by separation of powers. Under their approach, the Court could reach out to invalidate any statute enacted in 2013, 2014, or 2015 that has any effect on state revenue or spending. As explained in prior briefing, the Court is not constitutionally free to assume the legislative function... The Washington Constitution does not confer on Plaintiffs—or on the Superintendent of Public Instruction, for that matter—the authority to, determine the measure of ample funding under article IX, section 1. It is for the Legislature to determine in the first instance what constitutes "ample provision" for the State's program of basic education."
http://www.courts.wa.gov/content/publicUpload/Supreme%20Court%20News/619aReply_AmResp20160617.pdf

Obviously, the McCleary Plaintiffs and the Attorney General can not both be right. Does our Supreme Court have the power to repeal tax breaks?

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In order to help parents, teachers, other voters (and even our Supreme Court) determine who is right in this debate, we will take a trip down memory lane back to 1889 and the drafting of the Washington state constitution.

Decoding the Fake Five Billion Increase in School Funding in Washington State

Many in the Washington legislature claim they increased school funding by nearly $5 billion in the past 4 years. If our schools have $5 billion more than they had 4 years ago, then why do our schools have one thousand fewer teachers than we had 4 years ago? In their June 17 2016 court filing, the McCleary plaintiffs claimed that the $5 billion increase in funding was an "illusion" and less than a mere "maintenance level of status quo education funding." In this report, we will decode the fake $5 billion increase in school funding in Washington state to explain why the McCleary plaintiffs are correct. Don't be fooled by dishonest legislators. Our schools are facing a funding crisis that is getting worse every year. Our class sizes are among the highest in the nation and getting higher every year. Class sizes are so high that teachers are quitting in droves. Half of our schools do not even have enough qualified math and science teachers. Legislators who claim that they are "making progress on school funding" should be ashamed of themselves. There has been no progress at all in the past 4 years. Please share this important report with parents and teachers.

We will begin with a quote from the State legislature's latest June 17 2016 filing to the Washington Supreme Court: "The State has made very real and concrete progress since 2012. In attempting to discredit that progress, Plaintiffs wrongly claim that the $4.8 billion increase in education funding between the 2011-13 biennium and the 2015-17 biennium is illusory and is actually less than if the State had merely maintained the "status quo" level of services... The enacted public schools budget for 2015-17 was $18.2 billion. That was an increase from the approximately $15.3 billion for public schools in 2013-15, which had increased from approximately $13.4 billion in the 2011-13 budget." http://www.courts.wa.gov/content/publicUpload/Supreme%20Court%20News/619aReply_AmResp20160617.pdf

Here is a chart showing biennial (two year) state spending on our public schools since the beginning of the 2007 McCleary Education Funding Case:

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It certainly looks like there was nearly a $5 billion increase in state spending on our public schools in the past 4 years. This would be a 36% increase in school funding!

But if there was really a 36% increase in school funding, then why wasn't there a 36% increase in the number of teachers? Why did the number of teachers go down by one thousand rather than going up by ten thousand? The McCleary Plaintiffs have called this $4.8 billion ($2.4 billion per year) increase in spending an "illusion" because it is less than what would have been spent by a mere "maintenance of service" budget. To understand this, let's look at a Maintenance of Service budget. A Maintenance of Service budget includes adjusting for the increased cost of living from year to year plus the increase in the number of students. A Maintenance of Service budget would have involved an increase of about 5% per year or 10% per biennium. To keep the math simple, we will assume that 10% is $1.4 billion per biennium (10% of $14 billion).

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Thus, a Maintenance of Services budget would have resulted in school funding being nearly one billion dollars greater than the $4.8 billion increase the legislature is bragging about. Here is a chart of the increase in the number of students in Washington State since January 2012 from the OSPI Report Card:

Why the Superintendent Should Not Blackmail the Legislature with the Threat of Closing Schools

On June 9, 2016, Washington Superintendent of Public Instruction, Randy Dorn, submitted a brief to the Washington Supreme Court urging them to shut down all public schools in Washington state in order to blackmail the legislature into complying with their constitutional "Paramount Duty" to fully fund our public schools. As at least one candidate for Superintendent, Chris Reykdal, has praised Randy for taking this action, I want to explain why I think closing our schools is harmful to our kids and why if I am elected Superintendent, I will do everything in my power to oppose closing our public schools. There are better options that do not involve holding our children hostage. If you agree, please share this important article with other parents and teachers.

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I realize that our State has among the lowest school funding and highest class sizes in the nation - with an average of 32 kids per class. Our teachers are the fourth lowest paid in the nation. Over half of our schools do not have enough qualified math and science teachers. Over half of our schools do not meet the health codes or earthquake safety standards. Over the past 10 years, no one has been more critical of our state legislature's grotesque failure to fund our schools than me. I agree that something must be done to restore school funding. But there are several problems with closing our public schools. The first of these problems is what kind of message it will send to our children about how little we care about them and their schools. My mom always told me "Two wrongs do not make a right." Just because the legislature has committed one crime against our kids by failing to fund our schools does not give our courts or the Superintendent the right to commit another crime against our kids by closing their schools. We can and must fund another way to immediately restore school funding.

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Let's begin by looking at the argument being used by Dorn, Reykdal and others in favor of closing schools. They point out that after July 1, 1976, when the New Jersey court shut down schools, the New Jersey legislature passed a state income tax 8 days later. Dorn and Reykdal have claimed that the reason Washington state cannot fund schools is due to a lack of an income tax and/or lack of a capital gains tax. They reason that shutting down the schools in Washington state would put political pressure on Washington legislators to pass an income tax and/or a capital gains tax in our state.

There are several problems with this argument. First, the fact that school funding in Washington is now the lowest in the nation is NOT because of a lack of an income tax or the lack of a capital gains tax. In 1982, Washington had among the highest school funding in the nation - and we did not have an income tax or capital gains tax then. The reason school funding has plunged in Washington state is because the Washington legislature now gives away more than 700 tax exemptions to wealthy corporations totally more than $36 billion per year. It is basic math. We cannot allow our legislature to give away billions in tax breaks every year and still have enough money to fund our schools. But instead of dealing with the real cause of our school funding crisis, many in Olympia would rather blame the lack of an income tax.

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Second, the income tax enacted in New Jersey in 1976 does not actually go towards increasing school funding. Instead, it is required by law to be used to reduce property taxes in New Jersey. Ironically, 30 years after passing property tax relief, property taxes in New Jersey are still the highest in the nation. Also, the New Jersey income tax did not actually solve the school funding problem in New Jersey. Just 5 years later, in 1981, there was another school funding lawsuit in New Jersey. The second lawsuit lasted for 9 more years until 1990. In 1997, after a tax payer revolt, the New Jersey Supreme Court had to step in again. It was only in 2009, after 20 NJ Supreme Court rulings that the Court found that the NJ legislature had complied with the New Jersey Constitution.

But no sooner had the ink dried on the new school funding plan when a new Governor named Chris Christie, slashed a billion dollars from the NJ school budget - causing the schools to go back to court in 2010. In 2016, Christie even threatened to shut down schools in New Jersey due to a lack of money. So the education funding problems remain in New Jersey despite the 1976 school closure and despite the adoption of a state income tax. Do we really want 40 more years of constant litigation and finger pointing in Washington state before our schools are fully funded?

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Third, there is the amount of money needed. According to the latest Public Education Finances Report, Table 12, New Jersey spends 5% of its income on its public schools (second in the nation) while Washington spends 3% of income on its public schools (46th in the nation). The difference of two percent may not seem like much. But because one percent of Washington revenue is about $3 billion per year, it would take an increase in school spending in our state of $6 billion per year just to match New Jersey school spending. This does not include school construction. Washington state also has the highest school construction backlog in the nation at $30 billion. It would take $3 billion more per year times 10 years just to give every child in our state a safe and healthy school to attend. So we need $9 billion in additional revenue per year to restore school funding in our state and lower class sizes. If we believe that our State Constitution also requires full funding for Higher Education and Vocational Training, then we need another $3 billion - for a total of $12 billion. A state income tax like Initiative 1098 (rejected by the Washington voters by a 2 to 1 margin a couple of years ago) would only raise one billion dollars per year. A capital gains tax proposed by Reykdal would also only raise one billion dollars per year.

Meanwhile repealing 300 to 700 tax breaks would raise $16 billion to $32 billion per year. So it is absurd to be threatening to close schools and talking about an income tax and capital gains tax when both of these things ignore the real problem and would only raise a very small fraction of the revenue needed even if they did through some miracle pass in the Washington state legislature.

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Some have also tried to compare our state to Kansas where the Supreme Court recently threated to shut down schools if the state legislature did not provide more money. In Kansas, they are only arguing over about $100 million which is only one percent of what we need here in Washington state. Kansas spends 3.7% of revenue on schools (26th in the nation). So even if the Kansas legislature did not spend a single additional penny on their schools, they still would be spending much more on their schools than the Washington legislature spends on our schools.

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The bottom line is that school funding in New Jersey is almost twice as much as Washington state and school funding in Kansas is 20% higher than Washington state. So Washington is not New Jersey and we are not even Kansas. Our school funding crisis is much worse than either one of those states. So if schools were closed in Washington state, the legislature would have to come up with billions of dollars more than either the New Jersey legislature or the Kansas legislature before school funding in our state would be constitutional.

The third problem with closing our schools is political reality versus wishful thinking. The political reality of the Washington State legislature is that, despite a direct order from our Supreme Court to pay a $36 million per year fine for violating the constitutional rights of one million children to a decent education, the 2016 Washington legislature refused to pay the fine - which was only $36 per child - despite having more than one billion dollars in their Rainy Day Slush Fund. If the State legislature refuses to pay $36 million per year, there is no chance in hell that they are going to find a way to provide $9 billion in additional funding next year - or any other year! Instead of increasing school funding like they did in New Jersey, Washington is much more likely to follow in the footsteps of Ohio where after 18 long years of litigation, from 1991 to 2009, the Ohio Supreme Court threw in the towel. Shortly after, school funding in Ohio was cut by nearly one billion dollars.

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Today, many in the Washington state legislature, including Chris Reykdal, have boasted that they have increased school funding by nearly $5 billion during the past few years. In fact, all they have really done is shuffled funds around from one account to another. The fact is that in the past 4 years, since our Supreme Court declared that the legislature had failed to fully fund our schools, the number of students in our schools has increased by more than 32,000 - but the number of teachers has declined by more than one thousand! Every year our school funding crisis has gotten worse!

In fact, it is likely that the 2017 legislature is going to cut funding for schools instead of raising it. Why? There is something called the Levy Cliff which is a $400 million automatic cut which is almost certain to take place in April 2017. This will mean that 4,000 teachers will have to be laid off in May 2017 - with half of those firings occurring in Levy Dependent King County.

To make matters worse, the 2017 legislature is also likely to pass what is called the Levy Swap, another scam Reykdal is in favor of, which would transfer one billion dollars from school districts in King County to school districts in other counties. This would lead to the loss of another 1,000 teachers in King County in May 2017.

What a minute. Didn't the Teachers Union endorse Reykdal? Sadly, they did - despite the fact that Reykdal voted against the teacher "Cost of Living Adjustment" in 2013 costing teachers about $300 million per year in lost wages (See 2013 House Bill 2043). There is a need for new leadership in the Teachers Union just like there is a need for new leadership in State Government. If Reykdal is elected Superintendent, the teachers will have no one but themselves to blame when thousands of teachers are fired next May and the school funding crisis is continued for four more years.

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The fourth problem with closing schools in an attempt to blackmail the legislature into increasing school funding is that the legislature may actually increase school funding by one or two billion dollars. But they will do it not by an income tax or capital gains tax but by gutting other essential state services - like cutting one billion dollars from the Higher Education budget - the last large sum of money that is not protected.

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The legislature has gotten very good at robbing Peter to pay Paul. The perfect example of how dishonest and corrupt our State legislature has become is the recently passed 4 year "Official State Budget". Here is the link to this deceptive document: http://www.erfc.wa.gov/budget/documents/20160518_Outlook.pdf

The legislature had the audacity to refer to this report as a reason why our Supreme Court should stop fining them. The report claims that K-12 spending will increase from $8.7 billion in Fiscal 2016 (which begins on July 1 2016 and is the 2016-2017 school year) to $9.9 billion in Fiscal 2019 (which is the 2019-2020 school year). On paper, this appears to be an increase in school funding of $1.2 billion per year. There are two problems with this increase. First, It is only 10% of what is actually needed. Second, like everything else in Olympia, it is completely fake. If you scroll down the page to the Projected Ending Balance, you will see that the Fiscal 2016 End Fund Balance is more than one billion dollars. But by Fiscal 2019, the End Fund Balance is a NEGATIVE $300 million for a loss of $1.3 billion. The problem with losing $1.3 billion is that our State Treasurer and the Bond Market would have a fit. Washington's credit rating would plummet. But more important, the Washington State Constitution prohibits going into this kind of debt. Our State is not allowed to have a negative ending balance.

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Once again, the school funding crisis in our state is getting worse not better.

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The fifth and final problem of closing schools and hoping the legislature will pass an income tax or capital gains tax is that it does not deal with the underlying cause of our school funding crisis - which is that our state legislature is currently giving away $36 billion in tax breaks to billionaires and wealthy multinational corporations. A basic principle of problem solving is that an effective longterm solution must not only solve the problem but it must also address the underlying cause of the problem.

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In short, there are many problems with closing our public schools. Instead of closing schools, we should be closing corporate tax loopholes and ending corporate welfare.

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Thankfully, there is a much better option. Rather than continuing to beg the legislature to fully fund our schools, if I am elected Superintendent, I will go around the legislature and directly to our Supreme Court asking them to repeal every tax break passed by the legislature since 1996 (which was the last year school funding in our state was above the national average). Our Supreme Court cannot write new laws. But they certainly can and have many times declared unconstitutional laws to be null and void. This would immediately provide more than $16 billion per year which would allow us to build hundreds of schools, hire thousands of teachers and cut class sizes in half so that struggling students could finally get the help they need to succeed in school and succeed in life. In addition, it would pay for four full years of free higher education and/or vocational training for every student in Washington state.

But isn't it the Paramount Duty of the State Legislature to amply fund our schools?
All of my opponents have claimed that it is not the duty of the Superintendent of Public Instruction to fully fund our schools. It is only the duty of the State Legislature. However, if you take a very close look at Article 9, Section 1 of the Washington State Constitution, you will discover that it does not assign the Paramount Duty to amply fund schools to the State legislature. Instead, the Paramount Duty is the duty of the entire State.

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The State includes not only the State legislature but also the Governor and the Superintendent of Public Instruction. It is therefore not only one of the duties of the Superintendent of Public Instruction to make sure our schools are fully funded - but it is the Paramount Duty of the Superintendent to make sure our schools are fully funded. The Superintendent has just as much responsibility for funding our schools as the state legislature!

Does the Superintendent have the legal authority to ask the Supreme Court to repeal illegal tax breaks for wealthy multinational corporations?
According to my opponents, the Superintendent of Public Instruction is merely a figurehead with no real power - merely a cheerleader for school funding. But that is not what the drafters of our state constitution intended. They were afraid that a corrupt state legislature might not fully fund our schools. So they created a separately elected Superintendent of Public Instruction who was given the duty to supervise ALL MATTERS related to public schools. The phrase ALL MATTERS includes the matter of fully funding our schools.

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Wouldn't repealing billions in tax breaks cost jobs?
No. Numerous studies have shown that tax breaks for wealthy corporations do not create jobs - they cost jobs by taking money out of our economy and putting in the hands of a few billionaires. Look at Boeing. They have been given billions in tax breaks and what did they do with all of this money? They used it to build an airplane plant in South Carolina - which will eventually take away more than 100,000 jobs!

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Meanwhile, cutting tax breaks by $16 billion would create hundreds of thousands of urgently needed living wage jobs right here in Washington state - building hundreds of schools and staffing them with thousands of teachers.

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Close Schools or Close Tax Loopholes... The Choice is Up to You!
Einstein once said that the definition of insanity was repeating the same mistakes over and over again and expecting a different result. This is what the current election for Superintendent is about - whether we will continue down the pathway towards closing schools - or whether we will have the political courage to close tax loopholes and require wealthy corporations to pay their fair share of state taxes so our kids can get the education they need and deserve.

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We have been begging the legislature for more than 20 years to restore school funding and every year it has only gotten worse. It is time for the begging to stop. Our kids deserve better than this.

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It is time for a different approach. Its past time to end the gridlock, excuses and delays in Olympia. Our kids simply cannot afford another 4 years of the highest class sizes in the nation. As a person who has spent more than 20 years teaching courses in Problem Solving, I will bring urgently needed new leadership to Olympia. As always, we look forward to your questions and comments.

Regards, David Spring M. Ed.

Candidate for Superintendent of Public Instruction

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Why Washington State has the Highest Class Sizes in the Nation

According to a January 2015 study of tax rates in all 50 states by the Institute on Taxation and Economic Policy, called "Who Pays", Washington families pay among the highest state taxes in the nation - 20% above the national average. Washington families should therefore have the best funded schools and lowest class sizes in the nation. Instead, Washington's one million children are forced to endure the highest class sizes in the nation. How can this be? In this report, we will "follow the money" to see how the Washington state legislature is robbing our schools of billions of dollars and robbing our children of their future in order to line the pockets of a few billionaires and wealthy multinational corporations.


Why Small Class Sizes are Important
Small class sizes matter to the future of our students because small class sizes allow struggling students to get the help they need to succeed in school and succeed in life. For example, the nation's largest study on class sizes found thatlow income students who were lucky enough to have four full years of smaller classes were much more likely to graduate than their peers who had years in smaller class sizes:
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Source: Finn, J. D., et. al. (2005). Small Classes in the Early Grades, Academic Achievement, and Graduating From High SchoolJournal of Educational Psychology.
http://www.classsizematters.org/wp-content/uploads/2012/10/Small-Classes-in-the-Early-Grades-Academic-Achievement-and-Graduating-From-High-School.pdf

A 2011 study, summarizing the life academic and economic outcomes of students in smaller classes in the STAR study compared to their peers who had normal class sizes, found that “The effects of class quality fade out on test scores in later grades but gains in non-cognitive measures persist.” Put in plain English, high stakes test scores are not an accurate predictor of future student performance. However, student engagement from small class sizes is predictive of future success as an adult.

Here are just some of the adult outcomes for these students 20 years later of being in a smaller class in elementary school: Students were significantly more likely to graduate from high school, attend college, start a savings account, buy a home, get married and stay married. Students were less likely to commit a crime or go to prison. Much of this information was obtained from federal tax returns of 95% of the nearly 12,000 students involved in the STAR study.
Source: Chetty, R., Friedman, J.N., Hilger, N., Saez, E., Schanzenbach, D.W., & Yagan D. (2011). How does your kindergarten classroom affect your earnings? Evidence from Project STAR. Quarterly Journal of Economics, 126(4), 1593-1660.
http://obs.rc.fas.harvard.edu/chetty/STAR.pdf


In a separate analysis, Alan Krueger, Chair of the Council of Economic Advisers, estimated that every dollar invested in reducing class sizes yielded about $2 in long term economic benefits. https://etec511.wikispaces.com/file/view/economic+considerations+and+class+size.pdf

Smaller Classes Lead to More Successful Students
Wealthy private schools understand the importance of small class size. For example, at Lakeside Private School in Seattle, average class sizes are 16 students. If class sizes of 16 students is considered ideal for the children of the wealthy, small class sizes of 16 students should be available to all students in Washington state.


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Sadly, Washington has the Highest Class Sizes in the Nation
Unfortunately, according to the National Center for Education Statistics Schools and Staffing Survey (Table 8), Washington State has the third highest class sizes in the nation for elementary school, the second highest class sizes in the nation for middle school and the second highest class sizes in the nation for high school. http://nces.ed.gov/surveys/sass/tables/sass1112_2013314_t1s_007.asp

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This estimate of class sizes comes from a national survey of classroom teachers in which teachers are asked how many students are in their average classroom. This survey indicates that for Grades 1 through 6, the national average class size is 21 students and the average class size in Washington state is 24 students. For Grades 7 through 12, the national average class size is 27 students and the average class size in Washington state is 30 students.http://nces.ed.gov/programs/digest/d13/tables/dt13_209.30.asp

Here is a distribution of class sizes showing which states have low, average, above average or extremely high class sizes:

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However, even this survey of teachers under-reports the actual class sizes in the nation and in Washington state because it includes Special Education teachers who often have classes of under 10 students. Excluding Special Education classes, the typical or median class size in the US is likely close to 29 students and in Washington state, the typical or median class size is close to 32 students per teacher per class period.

Why Actual Class Sizes are Much Larger Than Student to Teacher Ratios
The most common mistake made when discussing class size is to confuse class sizes with Student to Teacher Ratios. The Student to Teacher Ratio is determined by dividing the total number of students in a school or a state by the total number of professional staff at the school or the state. For example, if you go to the Washington State OSPI website and click on Apportionment, then Publications, then Personnel Summary Reports, then select a year, then click on Table 46, you will get a report called “Ratio of Students to Classrooms.” This is actually the Student to Teacher Ratio. For the 2014 school year, this ratio was 18.2 students per teacher. http://k12.wa.us/safs/PUB/PER/1415/tbl46.pdf


This type of statistic might mislead one into believing that the class sizes in Washington state are only 18 students – which would mean Washington state has the lowest class sizes in the nation and in the world. Yet if you walk into any real classroom at any real school in Washington state and count the actual students, you will see about 30 students in the real classroom. Many classrooms have 35 to even 40 students!

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The OSPI state report card is also misleading. It indicates that Washington state has 1,075,107 students and 60,543 Classroom Teachers. This would lead one to believe that the average class size is 18 students in our state. Why is there such a huge difference between the Student to Teacher ratio reported by OSPI and the number of students in real classrooms? The problem is that OSPI uses an extremely broad definition for classroom teacher. Many so-called classroom teachers are actually administrators. We need administrators. But we should not be misleading parents and voters by calling them teachers. Using Student to Teacher ratios misleads the public and even legislators into thinking that class sizes are not that bad when the truth is that class sizes in Washington state are among the highest in the nation.

In fact, using a real average class size of 30 students, the actual number of classroom teachers we have is about 36,000. This means that OSPI is mis-reporting 24,000 administrators as teachers. This also means that at 10,000 additional teachers per billion dollars, it would take about $3.6 billion dollars per year to cut class sizes in half here in Washington state. This does not include the cost of support staff or building the actual schools. Nor does it include raising the pay of teachers here in Washington state to the West Coast average or eliminating the use of local levy funds for basic education. My plan to cut class sizes in half therefore includes one billion dollars for replacing levy funds, one billion for increasing teacher pay, four billion for building hundreds of new schools every year, and four billion for hiring 36,000 new teachers and 4,000 additional support staff. The total needed to cut class sizes in half is about $12 billion in additional revenue per year.

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Where can we get $12 billion per year needed to cut class sizes in Washington state in half?
Given the fact that poor and middle class families in Washington state are already paying the highest state taxes in the nation, a more accurate question is where are the money went that should have gone to our public schools? It turns out that there is no need to increase taxes at all. What we really need to do is decrease tax breaks for the wealthy. It will be impossible to lower class sizes for struggling students until we first recognize and better understand how Washington legislators real Paramount Duty has not been our public schools but rather giving away more than $36 billion in tax breaks to wealthy multinational corporations (who pay for their re-elections). Here is a graph of the increase in the number of state tax breaks since 1996:

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Here is a graph of the increase in the dollar amount of the tax breaks in billions of dollars compared to total state revenue and spending for public schools:

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Understanding the Deceptive Nature of the Washington Department of Revenue Tax Break Reports
The Washington legislature has not only approved the largest tax breaks in the US, they have approved the largest most unsustainable tax breaks in the history of the world. This is why we now have such a broken tax system.

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Since tax breaks for the wealthy are what prevent us from fully funding schools, any parent or teacher who wants to understand why Washington has the highest class sizes in the nation must take time to understand how the public is being deceived about the amount of these state tax breaks. This subject is complex. So try to be patient, take your time and read slowly.

Every four years since 1984, the Washington State Department of Revenue is required by law to release a Tax Exemption Report. Here is a quote from RCW 43.06.400 authorizing this report: "Beginning in January 1984, and in January of every fourth year thereafter, the department of revenue must submit to the legislature prior to the regular session a listing of the amount of reduction for the current and next biennium in the revenues of the state or the revenues of local government collected by the state as a result of tax exemptions. The listing must include an estimate of the revenue lost from the tax exemption, the purpose of the tax exemption, the persons, organizations, or parts of the population which benefit from the tax exemption, and whether or not the tax exemption conflicts with another state program."

It should be obvious that giving away tens of billions of dollars in tax breaks every year conflicts with the Paramount Duty of the legislature to fully fund our public schools. Every billion dollars of tax exemptions means 10,000 more teachers losing their jobs and thousands of kids forced to endure higher class sizes. This fact is not mentioned on any of the tax break reports.

In January 2016, Vikki Smith, the current Director of the Washington State Department of Revenue released the 2016 Tax Exemption Report, which she called the 2016 Tax Exemption Study. I have spent more than 8 years researching and writing analysis of the previous four versions of this report and I will briefly summarize my findings here You can download a PDF file of this 910 page study at the following link:
http://dor.wa.gov/docs/reports/2016/Tax_Exemption_Study_2016/2016_Tax_Exemption_Study_Entire_Report.pdf

The Department of Revenue currently collects about $20 billion per year in taxes but also exempts at least $30 billion per year in state taxes. The DOR Tax Exemption Study attempts to describe the $30 billion per year in lost state revenue. These $30 billion in lost state revenue are "justified" by corrupt state legislators with the false claim that they "create jobs." In fact, history shows that in nearly every case, tax exemptions to wealthy multinational corporations like Microsoft and Boeing do not create jobs. For example, after receiving billions in tax breaks, Boeing has laid off thousands of workers and used their tax breaks to build a non-union airplane manufacturing plant in South Carolina - firing thousands of Washington workers. Microsoft used their tax breaks to build sweat shops in China - also firing thousands of Washington workers.

However, as was true of the 2012 Report, authored by the former director of the Department of Revenue, Suzan Delbene, the 2016 report has several glaring omissions:

First, the 2016 study does not include the 1997 tax break on commercial intangible property. Since this is one of the largest of all the tax breaks accounting for several billion dollars in lost revenue with these benefits going almost entirely to three of the the richest people in the world, Bill Gates, Steve Ballmer and Paul Allen, one has to question the validity of the rest of the 2016 Tax Exemption Study.

Second, this report does not mention the billion dollar per year Microsoft Business and Occupation tax break. Microsoft achieves this tax break by claiming that they are located in Nevada - when everyone including the Washington State Department of Revenue knows they are located in Redmond Washington.

Third, this report does not fully analyze revenue lost by manipulating the Business and Occupational categories that alway some businesses to pay these taxes at an extremely low rate while other businesses pay these taxes at an extremely high rate. It simply assumes the previous manipulated B & O rate was somehow fair or accurate. A more consistent way to evaluate any tax would be against a set standards such as a one percent B & O tax.

Fourth, this report low balls the amount of revenue lost through tax breaks by falsely claims that repealing all 694 tax breaks (now up to more than 700 thanks to the 2016 legislature) would only generate about $30 billion. This claim is based on another blatantly false assumption that repealing the 1931 intangible property tax break on personal property would not generate more revenue but merely shift the burden of total property taxes away from some tax payers and to other tax payers. Here is a quote from Section 1, page 3 of the study: "Repealing a property tax exemption does not increase state revenues. Removing a property tax exemption broadens the tax base, and at the same time reduces the tax rates. This reduces the property taxes for existing taxpayers, and shifts property tax to currently exempt taxpayers."

In fact, our state constitution has a one percent tax rate on all property. If you own a $200,000 home, one percent of that is $2,000 in property taxes. But if the value of your home doubles to $400,000, then one percent of that is $4,000. The state revenue is directly related to the value of property. So if the value of property doubles, the tax burden is not merely shifted from one tax payer to another - the total state and local taxes available doubles. How Vikki gets away with such an absurd statement is because local levy rates are set by the total amount of the levy and if the total amount did not raise then the burden would just shift from one property owner to another. What Vikki is ignoring is that the total levy is almost always limited by the one percent limit rule in our state constitution. Doubling the amount of property would double the revenue available for funding public schools.

Vikki next mistakenly assumes that the value of intangible property is only $2 trillion. Intangible personal property is discussed on page 17-458 of the 2016 tax exemption report. On page 459, Vikki states that her assumption is that the value of personal intangible property exempted is $1,907 billion or about $2 trillion or about the same as the value of tangible property in Washington state. The ratio of tangible to intangible property was 50-50 in the 1990s. But there has been a dramatic rise in the value of intangible property to the point where by 2010, intangible property accounted for about two thirds of all property. In other words, since we know that tangible property in our state


What is Intangible Property?
Tangible property is property you can touch –such as homes and commercial buildings. Intangible property includes all other forms of wealth – such as stocks, bonds and computer programs. Historically, intangible property accounted for a very small percent of all property. However, with the concentration of wealth in the hands of the very rich, intangible property now account for over 70% of all property. Over 90% of intangible wealth is owned by the top one percent of our richest citizens.

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Due to a rapid rise in the concentration of wealth in the hands of the richest one percent, and with nearly all of this wealth being in the form of intangible property, the amount of lost revenue due to this tax exemption has skyrocketed since 1997 to the point where it is now causing a loss of state funding of more than $4 billion per year.

It is no mere coincidence that our State has been short changing our public schools by billions of dollars a year ever since. As a direct result of this massive and unwise State tax give away, as well as the federal tax cuts since then, the wealth of the richest one percent of our population has DOUBLED in the past 20 years from 20% of our total wealth to 40% of our total wealth. This single exemption was responsible for $7 billion in state tax breaks per biennium or $3.5 billion in state tax breaks per year in 2008. This makes this single tax break much larger than any other tax break. The law allowing for this tax break is RCW 84.36.070. http://apps.leg.wa.gov/rcw/default.aspx?cite=84.36.070

This massive 1997 tax loop hole has given billions of dollars in tax breaks to our richest citizens every year during the past 18 years by exempting over one trillion dollars of “intangible property” from our State property tax. It is the single largest tax break in the history of our state and bigger than the Billion Dollar Per Year Boeing Tax Break and the Billion Dollar Per Year Microsoft Tax Break combined!

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A Billion Dollar Shift in Property Tax Burden from Investors to Homeowners
One mechanism that led to this loss of state revenue was that wealthyinvestors suddenly had a huge financial incentive to mis-classify their commercial tangible property as intangible property. This is what many investors did – causing a huge shift in property tax burden from investors to homeowners. Here is a graph of this shift:


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Source: Washington State Department of Revenue http://dor.wa.gov/docs/reports/wa_tax_system_11_17_2004.pdf

The property tax burden on middle class homeowners has skyrocketed in the past 14 years as the ratio of commercial to residential tangible property has shifted from about 50-50 in 1997 to 66% residential to 33% commercial by 2006. When $100 billion dollars of commercial property is exempted from property taxes, residential property taxes must go up even if State and local spending remains the same.

As a consequence of these tax break for millionaires, and tax shifts to our middle class, our middle class now pay much more than the national average in State taxes while millionaires in our State pay much less than the national average. Working families see their tax bills go through the roof and they naturally assume that State spending is “Out of control.” But what is really out of control is tax breaks for billionaires.

We Can Cut Class Sizes in Half Just by Rolling Back Tax Breaks to 1996
In 1996, we had 400 tax breaks costing $20 billion. We now have more than 700 tax breaks for the rich costing our schools $36 billion. This includes the 1997 Intangible Property tax break that is so unfair and so costly that the Department of Revenue and the state legislature do not even want you to know about. It also includes most of the Boeing tax breaks and the Microsoft tax break.

So the question is what is more important? Helping Bill Gates and Paul Allen buy another private jet? Or helping one million students in Washington state get the education they need and deserve to succeed in school and succeed in life? If I am elected, I will file a motion for summary judgment immediately to declare every tax break passed since 1996 to be illegal, null and void and that the resulting $16 billion per year in additional state revenue be put in an account controlled by the Superintendent of Public Instruction. We could have full school funding restored in as little as 6 months.

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You now know why class sizes in our state are the highest in the nation. The fact is I am the only candidate even talking about the real cause of our massive class sizes. All of the other candidates like to talk about their "great relationships" with the very bandits who are robbing our schools of funding and our kids of their future. They perpetuate the myth that some how the legislature will suddenly come clean and start funding our schools "next year." But all that will come out of Olympia next year is the same thing that came out of Olympia this year and last year and the year before that - more excuses and more lies. Did you know that 4 years after the Supreme Court McCleary ruling, we have 30,000 more kids - but 1,000 fewer teachers? All we got since McCleary was another fake committee and another hundred tax breaks for the rich!

This is why we need completely new leadership, more honest leadership, in Olympia. This is exactly what I will provide - real solutions - not merely marketing slogans. I therefore hope you will share this important article with every teacher and parent you know. Together, we can win this election and give our kids the education they deserve.

As always, feel free to email me with your questions and comments.

Regards,
David Spring M. Ed.
David (at) springforbetterschools (dot) org