(concurring in part and dissenting in part) — I concur with the majority that under the provisions of RCW Titles 13 and 28A, juveniles of school age have a right to education while detained in juvenile detention centers, both before and after an adjudication and disposition. However, I dissent to requiring the County to underwrite such expense.
In the historic decision of Seattle Sch. Dist. 1 v. State, 90 Wn.2d 476, 585 P.2d 71 (1978), this court held that Const, art. 9, § 1 imposes upon the State the paramount duty of making ample provision for the education of all resident children. We requested the Legislature to define "basic education" and to make ample provision for its funding through regular and dependable tax sources by *402July 1, 1981. By this decision, we made "basic support of the common schools" a constitutional mandate.
The Legislature, in responding to the court's request, defined "basic education" in RCW 28A.58.750-.760 (Laws of 1977, 1st Ex. Sess., ch. 359), and appropriated funds for the 1981 school budget in accordance with these guidelines. RCW 28A.41.130 provides ''[b]asic education shall be considered to be fully funded by those amounts of dollars appropriated by the legislature pursuant to [The Washington Basic Education Act of 1977]". Chapter 340, section 87(3) (a) of the Laws of 1981 (State Operating Budget) provides that "[t]he appropriations in this section . . . shall constitute 100% of formula as provided in RCW 28A.41-.130". The Legislature obviously intended to fulfill its constitutional duty to fund basic education programs through its 1981 school appropriations, and also intended that the amount funded was the minimum amount needed to provide that "basic education".
The majority says, "We do not, however, decide the issue of whether the counties are entitled to recover from the state in whole or in part such costs of education". Majority, at 391. I don't believe we can afford to procrastinate, as the issue involved is of such paramount concern, not only to juveniles and their parents in Spokane County, but to parents and juveniles throughout the state.
I would affirm that part of the judgment providing that juveniles of school age have a right to education while detained in juvenile detention centers, both before and after adjudication and disposition. I would remand, with instructions to the trial court to join as additional parties the State of Washington and the Superintendent of Public Instruction. I would then direct that the trial court issue a show cause order to the new parties directing them to appear and to show cause why they should not reimburse Spokane County, from "basic education" funds, for Spokane County's expenditures for the education of juveniles *403in detention.
Reconsideration denied July 8, 1982.