Tunstall ex rel. Tunstall v. Bergeson

Citation141 Wash.2d 201,5 P.3d 691
Decision Date27 July 2000
Docket NumberNo. 67448-5.,67448-5.
CourtWashington Supreme Court
PartiesSunsirae TUNSTALL, a minor, by and through her mother, Tanya TUNSTALL; Phillip Krist, a minor, by and through his grandmother and legal guardian, Frances Krist; Jeffery Coats, a minor by and through his mother, Terry Walker; Minh Thach, a minor, by and through his mother, Sopinh Thach; Jimi Hamilton; Darick Arndt; Dale Barr; and Daniel Lozano, on behalf of themselves and others similarly situated, Respondents/Cross-Appellants, v. Teresa BERGESON, Superintendent of Public Instruction; and Joseph Lehman, Secretary, Department of Corrections, Appellants/Cross-Respondents, and Shelton School District No. 309; Peninsula School District No. 401; Cheney School District No. 360; Cape Flattery School District No. 401; Steilacoom Historical School District No. 1; Walla Walla School District No. 140; Monroe School District No. 103; and Their predecessors, successors, and assigns, Cross-Respondents.

Andrea Devine Orth of Garvey, Schubert & Barer, Seattle, Amicus Curiae on behalf of American Civil Liberties Union of Washington; Arc of Washington State; The Children's alliance; The Juvenile Law Center; People First of Washington; The Sentencing Project; TeamChild; Washington Coalition of Citizens with Disabilities; Washington State Catholic Conference; Washington State Special Education Coalition; The Faculty of Western Washington University's Woodring College of Education, Department of Special Education; The Youth Law Center; Osa Coffey, Ph.D.; Barry Krisberg, Ph. D.; Peter E. Leone, Ph.D.; Robert B. Rutherford Jr., Ph.D.

Christine Gregoire, Attorney General, Lisa Leann Sutton, Asst., Heather Klein, Asst., Thomas Young, Asst., Olympia, for Appellants.

Columbia Legal Services, Patricia J. Arthur, Seattle, David C. Fathi, Washington, DC, Heller, Ehrman, White & McAuliffe, Patricia H. Wagner, Angela M. Niemann, Seattle, Vandeberg, Johnson & Gandara, William A. Coats, Tacoma, Michael A. Patterson, Philip B. Greenan, Karen Adell Kalzer, Seattle, for Respondents.

IRELAND, J.

This case comes to the court on direct review from the trial court's summary judgment rulings. Plaintiffs (hereinafter "inmates"), a class of persons incarcerated in Washington State prisons who are either under 21 years of age, or disabled and under 22 years of age, brought suit concerning their right to education against Teresa Bergeson, the Washington State's Superintendent of Public Instruction, Joseph Lehman, the Secretary of Washington's Department of Corrections (together and hereinafter referred to as the "State"), and the school districts in which the prisons are located.

We hold that individuals under age 18 incarcerated in adult Washington State Department of Correction (DOC) facilities have a constitutional right to public education and that their constitutional right is satisfied by chapter 28A.193 RCW. We also hold, however, that individuals over age 18 incarcerated in DOC facilities do not have a statutory or constitutional right to public education. Furthermore, we hold that the State is not required under the Individuals with Disabilities Education Act, 20 U.S.C. §§ 1400-1436, or § 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794(a), to provide special education services to DOC inmates between 18 and 22 years of age. Finally, we hold that the school districts may contract to provide educational services to individuals over age 18 incarcerated in DOC facilities, but are not statutorily or constitutionally obligated to do so. We reserve the issue of whether there is a constitutional right to special education for those between 18 and 22 until we have a case where the record and briefing are adequately developed.

I. BACKGROUND
A. Stipulated Facts

As of April 1998, there were approximately 100 offenders under the age of 18 and 1,027 offenders under the age of 21 incarcerated in DOC facilities.1 The number of juvenile inmates under the age of 18 is expected to rise during the next several years due to the new mandatory declination provisions passed by the Legislature in 1997. Clerk's Papers (CP) at 1678 (citing Laws of 1997, ch. 338, § 7 (E3SHB 3900)). Of the 1,027 offenders under the age of 21, approximately 209 were believed to have either a high school diploma or a general equivalency diploma (GED).

Prior to the passage of chapter 28A.193 RCW, the Office of the Superintendent of Public Instruction (OSPI) had no responsibility for educational programs in any adult prison. DOC, however, provided several educational opportunities to inmates, largely through contracts with local community colleges. DOC education programs included courses in adult basic education, GED preparation, English as a second language, vocational skills training, crime related programs, and job readiness training.

In 1998, the Legislature passed the Engrossed Substitute Senate Bill 6600. Laws of 1998, ch. 244 (codified at RCW 28A.193). This statute provides for the education of juveniles incarcerated in adult prisons. RCW 28A.193.005. RCW 28A.193.020-.030 requires OSPI to solicit proposals from educational entities to provide education to inmates under the age of 18 in Washington State prisons.

In accordance with chapter 28A.193 RCW, DOC and OSPI contracted with two school districts2 to provide educational services for the 1998-99 school year at the two DOC facilities in which the inmates under 18 are located.

B. Claims

Inmates brought this class action suit against the State and those school districts where DOC facilities are located. Inmates' class was certified to include:

All individuals who are now, or who will in the future be, committed to the custody of the Washington Department of Corrections, who are allegedly denied access to basic or special education during that custody, and who are, during that custody, under the age of 21, or disabled and under the age of 22.

CP at 203-04 (emphasis added).

The inmates alleged that the State's failure to provide them with basic and special education services violated article IX of the Washington Constitution; the basic education act, chapter 28A.150 RCW; the special education act, chapter 28A.155 RCW; the federal Individuals with Disabilities Education Act (IDEA), 20 U.S.C. §§ 1400-1436, and § 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794(a); and constitutional due process and equal protection. Furthermore, the inmates alleged that recently enacted chapter 28A.193 RCW violates article IX.

C. Trial Court Decision

On stipulated facts and cross motions for summary judgment, the trial court granted summary judgment in favor of the inmates on their claims under the Washington Constitution and the basic education act. The trial court also invalidated chapter 28A.193 RCW as unconstitutional because it impermissibly limited the availability of basic education to inmates under the age of 18 and failed to provide for special educational opportunities. The trial court, however, held that the statutory and constitutional obligation to provide educational services to persons incarcerated in Washington prisons ran only to the State and dismissed the school districts. The trial court also dismissed all of the inmates' federal claims.

On appeal, as appellants and cross-respondents, the State appeals the trial court's rulings regarding the inmates' state law claims. The inmates, as respondents and cross-appellants, challenge the trial court's dismissal of the school districts and the dismissal of their federal claims. Finally, the school districts, as cross-respondents, defend their dismissal from the case. This court stayed the trial court's orders pending the outcome of this appeal.

D. Standard of Review

In reviewing an order of summary judgment, this court engages in the same inquiry as the trial court. E.g., Reid v. Pierce County 136 Wash.2d 195, 201, 961 P.2d 333 (1998)

. Summary judgment is upheld if there is no genuine issue of material fact and the moving party is entitled to judgment as a matter of law. E.g., Green v. A.P.C. (American Pharm. Co.), 136 Wash.2d 87, 94, 960 P.2d 912 (1998) (citing, inter alia, CR 56(c)). Because this case is reviewed on stipulated facts, the issues are solely questions of law and are reviewed de novo. See Di Blasi v. City of Seattle, 136 Wash.2d 865, 873, 969 P.2d 10 (1998) (citing case).

Where an issue may be resolved on statutory grounds, the court will avoid deciding the issue on constitutional grounds. Senear v. Daily Journal-American, 97 Wash.2d 148, 152, 641 P.2d 1180 (1982) (citing case). Therefore, we first examine whether the inmate class is entitled to basic and special education under state statutes. Second, we review the inmates' claim that they are entitled to basic and special education under the state constitution. Third, we consider the inmates' claims that the education programs for juvenile inmates act, chapter 28A.193 RCW, violates Washington's equal protection clause. Fourth, we analyze the inmates' claims under the federal statutes. Finally, we determine what obligation, if any, is imposed upon school districts to provide basic or special education to inmates.

II. THE INMATES' STATUTORY RIGHT TO BASIC AND SPECIAL EDUCATION

When the relevant statutory provisions are properly read together and as a whole, it is clear the Legislature did not intend that the basic and special education acts apply to individuals incarcerated in DOC prisons. Consequently, we hold that the basic education act and the special education act do not apply to the inmate class.

A. The Basic Education Act, Chapter 28A.150 RCW

The inmates first argue that the plain language of the basic education act clearly "establishes an education system available to all students aged 5 through 21, and excluding none." Response Br. of Resp'ts at 14 (citing RCW 28A.150.220(5)) (footnote omitted).3 Under the inmates' theory, because children incarcerated...

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