The underfunding of education in Washington state has moved into the courtroom.

Bellingham is one of 12 school districts battling since October 2004 to increase state funding for special education, which districts are legally required to provide. The case is scheduled to be heard in the Court of Appeals on Tuesday.

Members of the Special Education Alliance include the Everett, Federal Way and Spokane school districts.

More than 70 other school districts have joined a friend of the court brief filed by the Tacoma School District in support of the alliance and the legal battle.

Combined, the more than 80 school districts involved serve more than 62 percent of special education students in the state, according to Ron Cowan, the Bellingham assistant superintendent of business and operations. The coalition argued two points:

The funding cap on the number of qualified students who can receive help is unconstitutional. The state wasn’t providing funding for special education students above 12.7 percent of the total student population.

The per-student allocation is too small, with about $134 million in unfunded costs statewide in the 2004-05 school year. Local tax dollars are used to make up the difference — money that could be used for other programs.

The judge who heard the case

agreed with the coalition on the first point and the state on the second.

Even though the lawsuit isn’t finished, there have been financial benefits to districts statewide. The Legislature increased Safety Net funding, which is used to help offset special education costs for high-needs students.

The Bellingham School District received $125,572 for the 2004-05 school year and has seen varying increases over that each year.

For the 2007-08 school year, the district received about $390,000, and officials are asking for an additional $180,000 later this month.

Overall, since the lawsuit was filed, the Bellingham School District has seen an increase in special education funding by at least $1.5 million, while spending about $245,000 in legal fees, accordingto Cowan.

But the state still isn’t fully funding the mandated special education programs, leaving the Bellingham School District paying more than $1 million out of pocket. That is money that could be used for programs to benefit all kids, including those in special education, said Cowan and Superintendent Ken Vedra.

“Even though we’re getting more money through the Safety Net, we’re still deficient,” Cowan said. “Without increased funding from the Legislature, the gap would probably be closer to $2 million.”