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The
Herald
Published:
Friday, October 10, 2003 'State
Legislators Weigh In On Strike'
Herald
Staff
Two state senators, including Dave Schmidt, R-Everett, urged the state attorney general Friday to work with the state superintendent of public instruction to seek an injunction to end the Marysville teachers strike.
Schmidt and Bill Finkbeiner, R-Kirkland, both members of the Senate Education Committee, sent the letter Attorney General Christine Gregoire after learning Gov. Gary Locke's meeting with the two parties Thursday and Wednesday had not solved the matter.
Locke stated he would announce additional steps later today, however, he indicated he felt he had no authority to intervene.
Finkbeiner hinted legislation may be needed, but Schmidt said in a news release that the strike needs to end now.
"As the state senator representing the parents, teachers, students and school board members of the Marysville School District, I am outraged this strike has continued as long as it has," Schmidt said.
"I'm even more disappointed that parents have been forced to cobble together their personal resources to protect their children's constitutional right to a basic education. The superintendent of public instruction has standing, and indeed the legal duty, to seek an end to the Marysville teachers' strike, he said, referring to state schools chief Terry Bergeson.
Schmidt went on to say he thinks the strike is illegal.
"Past case law prohibits state employee strikes and prior courts have ruled teacher strikes illegal," he said. "If the Marysville School District will not file for an injunction, it is the responsibility of the superintendent to step in to intervene. And it is the responsibility of our state attorney general to represent her in this case."
The lawmakers also said it is a constitutional matter.
Article IX, Section 1 of the Washington Constitution says, "It is the paramount duty of the state to make ample provision for the education of all children residing within its borders ... "
The superintendent of public instruction is obligated to see that this mandate is carried out, the lawmakers agreed.
Finkbeiner added: "Despite this obligation, the state's paramount duty is not being met" for the nearly 11,000 Marysville students, who - for a record 39 days and counting - "have gone without the public education they have a right to expect under the state constitution."
"We are asking the OSPI, represented by the state attorney general, to step up to the responsibility to protect these children's education. And if they still feel they do not have the authority to intervene in these cases, we are willing to introduce legislation to remedy the situation."
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