Fix Hirst ruling while work toward McCleary agreement continues

Feb 10, 2017

It obviously has not been easy for lawmakers to come up with legislation that fixes the constitutional issue about school levies raised in the McCleary ruling, treats students and taxpayers in 295 diverse districts equitably and responds to long-standing compensation concerns from teachers and district officials. If it was, the Education Equality Act passed by the Senate more than a week ago wouldn’t still be all by itself on the negotiating table.

Fortunately, another Supreme Court decision looming over our state – the Hirst ruling, from October – is easier to fix than McCleary. There’s no good reason why we can’t have an agreement in place as soon as the end of February.

To put it simply, Hirst complicates the process of permitting a residential water well, and complications mean more cost – tens of thousands of dollars more, potentially, which discourages people from buying land, and property owners from building or selling. Besides derailing the dreams of families all around our state, the ruling means less activity for local lenders and the real-estate and construction sectors.

I remember how a dozen years ago, without warning, the real-estate and construction sectors got hot and began pouring money into the state treasury. In contrast, there’s been ample warning about the chilling effect Hirst is having in those areas of our economy, and what it means for state revenues.

Our children are still being schooled while work on McCleary proceeds, and whatever agreement we reach won’t have an effect on the current school year anyway. Hirst is different, because fewer homes are being built and fewer property transactions are occurring while the Legislature works on a response. The economic damage has already begun, especially in rural Washington.

I know of two bills in each legislative chamber that would address Hirst. One House bill and one Senate bill have bipartisan sponsorship – and in my opinion, represent the straighter path to a solution. The bipartisan Senate bill has already won committee support, while the House committee may push both of its measures ahead.

Not many issues hit all 39 counties in the gut the way Hirst has, and a legislative fix could start bringing relief immediately. It could, and should, be the first major bill to come out of this session.