(concurring) — I concur in the majority opinion but on the limited ground that the State has not met its constitutional duty to fund ample education in a general and uniform way.
The testimony in this case establishes that by any standard definition of educational quality the State's contributions to school finance have been inadequate. Due to the State's abandonment of its responsibilities in this area, local school systems have been forced to submit a large percentage of their budgets to local voting, a fact which has jeopardized the fairness of the State's educational system. *546Under the ensuing system of local levies, the local educational program may not reflect children's needs, but rather local wealth and taste, and the size of the local school property tax base. Consequent variations in district budgets are inconsistent with the fair and uniform system of education contemplated by the constitution. For these reasons the trial court's decision prohibiting heavy reliance on special levies should be affirmed.
In affirming the judgment of the trial court, I would find local school districts may not be financed by a funding scheme whereby any substantial part21 of the total school budget is subject to local veto. I would ground this conclusion upon the constitutional imposition of a duty upon the State to make ample provision for education of the state's children, Const, art. 9, § 1, together with the requirement that the education be provided through a "general and uniform system of public schools." (Italics mine.) Const, art. 9, § 2.
These constitutional provisions are not the nullity appellants would make of them. I share the majority's view that section 1 guarantees a right of education to the state's children. Though for reasons discussed below I would not now seek to define precisely the contours of that right; the provision makes clear that this education must be provided *547"without distinction or preference" among the state's children. The companion provision, section 2, is equally explicit, and requires that there be uniformity in the state's educational system. These provisions together contemplate an educational system in which, to the extent practical through statewide planning and financial support, each child is afforded an equal opportunity to learn, regardless of differences in his or her family and community resources. The system of local levy financing challenged here is an anathema to the egalitarian promise of these provisions, violating them in both letter and spirit.
Having found the challenged system to be unconstitutional, I should not reach beyond such a holding to find with the majority that the constitution mandates a specific "basic education" be provided to the state's children. For the court to cast in terms of a constitutional doctrine the meaning of this term properly subjects it to the criticism voiced by the dissent, and deprives the people of this state of a continuing legislative and political dialogue on what constitutes a proper education.
A limited holding is particularly appropriate at this time due to the vigor with which the legislature addressed its responsibility through the school finance legislation of 1977. That legislation is contained in three acts — the Washington Basic Education Act of 1977, Laws of 1977, 1st Ex. Sess., ch. 359; the "Levy Lid" Act, Laws of 1977, 1st Ex. Sess., ch. 325; and sections 94, 96, and 97 of the State Operating Budget, Laws of 1977, 1st Ex. Sess., ch. 339.
During argument of this case counsel for respondent was asked whether this suit would have been brought had the legislation now enacted been in existence at the outset. The answer was equivocal, counsel conceding he could "see why we might not have brought it." It is easy to see why he must make such a concession. The legislation enacted by the 1977 legislature is comprehensive.
First, where the old legislative scheme provided no detailed definition of the educational program to be offered students, the current legislation provides such a definition. *548The Basic Education Act defines the program evolving from the act to include a complex series of goals enumerated therein,22 and the program requirements deemed necessary to accomplish these goals,23 as well as the legislative determination of state resources to implement the program. Laws of 1977, 1st Ex. Sess., ch. 359, § 1.
*549Second, where the old scheme provided no legislative standards for staffing ratios and salary structures, the current legislation addresses the issues of staffing ratios and salary structures and establishes procedures by which these ratios and structures are to be determined. This is accomplished through a directive to the Governor and Superintendent of Public Instruction to develop a formula for legislative determination of a "basic education allocation" reflecting appropriate staffing ratios and staff costs, Basic Education Act, § 5 (see Appendix A), and through specific staffing and salary guidelines enunciated in the budget, State Operating Budget, § 97(1) (see Appendix B).
Finally, where the old scheme provided no control at all on the amount of excess levies a district might be asked to *550approve, a deficiency which lies at the root of the controversy before us in this case, the current legislation provides a permanent lid of 10 percent (beginning in the 1980-81 school year) upon the extent of local levy contribution to the local school district budget, "Levy Lid" Act (see Appendix C). And at the same time, through allocation of funds the legislation over time would equalize compensation schedules among the districts, State Operating Budget, § 96 (see Appendix D).
I have undertaken to delineate in limited form the scope of the legislature's efforts in 1977 to emphasize the lack of necessity for this court to act on the scale it has in the majority opinion. These legislative achievements substantially remedy deficiencies in the funding system here at issue.
The majority, in noting the passage of this legislation in footnote 14, apparently assumes we cannot even consider the effect of this legislation in rendering our judgment here. I do not share the view that we cannot consider extensive action taken by the legislature during the pendency of this appeal. Although I agree that we do not and should not render advisory opinions, I do not see how this rule applies where, as here, we have real parties and real controversy affected by currently effective changes in the laws applicable to the issues raised on this appeal.
This court has often sustained the proposition that the law governing a case on appeal is that applicable at the time of the disposition of the appeal, not that existing at the time of the trial court's decision. We have recognized and given effect to change in the law in civil cases, see Samuelson v. Freeman, 75 Wn.2d 894, 454 P.2d 406 (1969); Denison v. Goforth, 75 Wn.2d 853, 454 P.2d 218 (1969); Federal Shopping Way, Inc. v. O.K. Ins. Agency, Inc., 78 Wn.2d 903, 481 P.2d 5 (1971); Spear v. Bremerton, 95 Wash. 264, 163 P. 741 (1917); and in criminal cases, see Beard v. Conte, 78 Wn.2d 902, 480 P.2d 488 (1971). That rule applies to changes caused by judicial decisions, see *551Samuelson and Denison, and those brought about by statute, see Federal Shopping Way, Beard, and Spear.
The majority at page 519 refers to the "Legislature's obligation as one to provide 'basic education' through a basic program of education as distinguished from total 'education' or all other 'educational' programs, subjects, or services which might be offered." It is precisely this unnecessary intrusion in this detail that I believe goes beyond what we must decide as a matter of constitutional necessity.
Moreover, we noted in In re Juvenile Director, 87 Wn.2d 232, 243, 552 P.2d 163 (1976), that "[t]he spirit of reciprocity and interdependence requires that if checks by one branch undermine the operation of another . . . those checks are improper and destructive exercises of the authority." Here the legislature has acted responsibly and exhaustively through its own uniquely constituted fact-finding and opinion gathering processes. Given that we may fully discharge our responsibility to adjudicate the controversy before us without intervening unnecessarily in a legislative process ably completed, the above enunciated principle24 mandates that we do so.
Appendix A
Laws of 1977, 1st Ex. Sess., ch. 359, § 5:
The basic education allocation for each annual average full time equivalent student shall be determined in accordance with the following procedures:
The governor shall and the superintendent of public instruction may recommend to the legislature a formula based on a ratio of students to staff for the distribution of a basic education allocation for each annual average full time equivalent student enrolled in a common school. The *552distribution formula shall have the primary objective of equalizing educational opportunities and shall provide appropriate recognition of the following costs among the various districts within the state:
(1) Certified staff and their related costs;
(2) Classified staff and their related costs;
(3) Nonsalary costs; and
(4) Extraordinary costs of remote and necessary schools and small high schools.
This formula for distribution of basic education funds shall be reviewed biennially by the superintendent and governor. The recommended formula shall be subject to approval, amendment or rejection by the legislature. Commencing with the 1980-81 school year, the formula adopted by the legislature shall reflect a ratio of not less than fifty certificated personnel to one thousand annual average full time equivalent students and one classified person to three certificated personnel. In the event the legislature rejects the distribution formula recommended by the governor, without adopting a new distribution formula, the distribution formula for the previous biennium shall remain in effect: Provided, That the distribution formula developed pursuant to this section shall be for state apportionment and equalization purposes only and shall not be construed as mandating specific operational functions of local school districts other than those program requirements identified in section 3 of this 1977 amendatory act. The enrollment of any district shall be the annual average number of full time equivalent students and part time students as provided in RCW 28A.41.145, as now or hereafter amended, enrolled on the first school day of each month. The definition of full time equivalent student shall be determined by rules and regulations of the superintendent of public instruction: Provided, That the definition shall be included as part of the superintendent's biennial budget request: Provided, Further, That any revision of the present definition shall not take effect until approved by the house appropriations committee and the senate ways and means committee: Provided, Further, That the office of program planning and fiscal management shall make a monthly review of the superintendent's reported full time equivalent students in the common schools in conjunction with RCW 43.62.050.
Certificated staff shall include those persons employed by a school district in a teaching, instructional, administrative or supervisory capacity and who hold positions as certificated employees as defined under RCW 28A.01.130, as now or hereafter amended, and every school district superintendent, and any person hired in any manner to fill a position designated as, or which is in fact, that of deputy superintendent or assistant superintendent: Provided, That in exceptional cases, people of unusual competence but without certification may teach students so long *553as a certificated person exercises general supervision: Provided, Further, That the hiring of such noncertificated people shall not occur during a labor dispute and such noncertificated people shall not be hired to replace certificated employees during a labor dispute: Provided, Further, That the hiring of such noncertificated persons shall be subject to disapproval by the superintendent of public instruction. Annual written statements shall be submitted to the office of the superintendent of public instruction reporting and explaining such circumstances. Annual average full time equivalent certificated classroom teacher's direct classroom contact hours shall be at least twenty-five hours per week. Classroom contact hours shall be exclusive of time required to be spent for preparation, conferences, or any other nonclassroom instruction duties. Classified staff shall include those persons employed by a school district other than certificated staff as defined in this section in a capacity for which certification is not required.
Appendix B
Laws of 1977, 1st Ex. Sess., ch. 339, § 97(1):
(1) The allocation of moneys for a basic education allocation per annual average full time equivalent student for the 1978-79 school year in each school district shall be determined by the superintendent of public instruction as follows: Provided, That such basic education allocation so determined shall be converted and distributed on an annual average full time equivalent student basis:
(a) Respecting certificated employees: A numerical allocation of one certificated staff unit shall be established for each average annual twenty-three and one-half full time equivalent kindergarten, elementary, and secondary students;
(b) Respecting certificated employees: A numerical allocation of one certificated staff unit shall be established for each average annual nineteen and six-tenths full time equivalent students enrolled in a vocational education program approved by the superintendent of public instruction;
(c) Respecting certificated employees: Numerical allocations of certificated staff units shall be established for districts enrolling not more than one hundred average annual full time equivalent students and for small school plants within any school district, which such districts or small plants have been judged to be remote and necessary by the state board of education as follows:
(i) For grades K-6, for enrollments of not more than sixty annual average full time equivalent students, two and one-half certificated staff units;
*554(ii) For grades K-6, for enrollments above sixty annual average full time equivalent students, additional certificated staff units based upon a ratio of one certificated staff unit per twenty-three and one-half annual average full time equivalent students;
(iii) For grades 7 and 8, for enrollments of not more than twenty annual average full time equivalent students, eighty-five hundredths certificated staff unit;
(iv) For grades 7 and 8, for enrollments above twenty annual average full time equivalent students, additional certificated staff units based upon a ratio of one certificated staff unit per twenty-three and one-half annual average full time equivalent students.
(d) Respecting certificated employees: Numerical allocations of certificated staff units shall be established for districts operating high schools with enrollments of not more than three hundred average annual full time equivalent students as follows:
(i) Eight and one-tenth certificated staff units for the first sixty . annual average full time equivalent students;
(ii) Additional certificated staff units based upon a ratio of eighty-five hundredths certificated staff unit per forty-three and one-half average annual full time equivalent students;
(e) Compensation including benefits shall be calculated as herein provided for certificated staff units generated in subsections (a) through (d) above as follows:
(i) For the purposes of this subsection each district's 1977-78 average compensation levels including benefits shall mean such district's 1976-77 average compensation including benefits increased pursuant to section 96(1) of this act. "Maximum control levels" shall mean the "maximum control levels” established in section 96(1) of the act increased by four percent:
(ii) Compensation including benefits for those school districts whose 1977-78 average certificated compensation level including benefits is above the 1977-78 state average compensation level including benefits will be calculated on the basis of. the 1977-78 district average compensation level including benefits increased by six percent: Provided, That no district shall receive in excess of the "maximum control level".
(iii) Compensation including benefits for those school districts whose 1977-78 average certificated compensation level including benefits is below the 1977-78 state average compensation level including benefits will be calculated by utilizing the 1977-78 district average compensation level including benefits increased by nine percent up to an amount not to exceed a six *555percent for any school district above the state average: Provided, That for such districts the superintendent of public instruction shall utilize, pursuant to the provisions of section 4, chapter ... (SHB 1086), Laws of 1977 1st ex. sess., the actual 1977-78 compensation level including benefits for the purpose of calculating the entitlement for compensation including benefits increases as provided for in this subsection.
(f) The total basic education allocation for certificated employees shall be established for each district by using the salary determinations established in subsection (e) above multiplied by the numerical allocations determined in subsections (a), (b), (c), and (d) above.
(g) Respecting classified employees: A numerical allocation of one classified staff unit for each three certificated staff units as comppted for the purposes of subsections (a), (c) and (d) above for each school district shall be established. Compensation including benefits shall be calculated as herein provided for classified staff units generated in this subsection as follows:
(i) For the purposes of this subsection each district's 1977-78 average compensation levels including benefits shall mean such district's 1976-77 average compensation including benefits increased pursuant to section 96(1) of this act. "Maximum control levels" shall mean the "maximum control levels" established in section 96(1) of this act increased by four percent:
(ii) Compensation including benefits for those school districts whose 1977-78 average classified compensation level including benefits is above the 1977-78 state average compensation level including benefits will be calculated on the basis of the 1977-78 district average compensation level including benefits increased by six percent: Provided, That no district shall receive in excess of the "maximum control level".
(iii) Compensation including benefits for those school districts whose 1977-78 average classified compensation level including benefits is below the 1977-78 state average compensation level including benefits will be calculated by utilizing the 1977-78 district average compensation level including benefits increased by nine percent up to an amount not to exceed a six percent for any school district above the state average: Provided, That for such districts the superintendent of public instruction shall utilize, pursuant to the provisions of section 4, chapter ... (SHB 1086), Laws of 1977 1st ex sess., the actual 1977-78 compensation level including benefits for the purpose of calculating the entitlement for compensation including benefits increases as provided for in this subsection.
*556(h) The total basic education allocation for classified employees shall be established for each district by using the salary determination referred to in subsection (g) above multiplied by the numerical allocation established in subsection (g) above. In addition, each school district shall receive as part of the basic education allocation, for classified employee benefits, an amount to reimburse such district for their payments to the old-age and survivors insurance system embodied in the social security act, for employee retirement, industrial insurance, or any other benefit program mandated by the legislature for their classified staff units.
(i) Respecting nonemployee related costs: The allocation of additional moneys for nonemployee related costs for 1978-79 school year shall utilize the number of certificated staff units as computed for the purposes of subsections (a), (c), and (d) above, multiplied by $3,650 for each such certificated staff unit.
Appendix C
Laws of 1977, 1st Ex. Sess., ch. 325:
CHAPTER 325
[House Bill No. 1086]
SCHOOL DISTRICTS — EXCESS LEVIES
AN ACT Relating to revenue and taxation; amending section 84.52.052, chapter 15, Laws of 1961 as last amended by section 1, chapter 4, Laws of 1977 and RCW 84.52.052; amending section 84.52.054, chapter 15, Laws of 1961 as last amended fay section 2, chapter 4, Laws of 1977 and RCW 84.52.054; adding new sections to chapter 15, Laws of 1961 and to chapter 84.52 RCW; prescribing an effective date; and declaring an emergency.
Be it enacted by the Legislature of the State of Washington:
Section 1. Section 84.52.052, chapter 15, Laws of 1961 as last amended by section 1, chapter 4, Laws of 1977 and RCW 84.52.052 are each amended to read as follows:
The limitations imposed by RCW 84.52.050 through 84.52.056, and RCW 84.52.043 shall not prevent the levy of additional taxes by any taxing district except school districts in which a larger levy is necessary in order to prevent the impairment of the obligation of contracts. Any county, ((school district,)) metropolitan park district, park and recreation district in class AA counties and counties of the second, eighth and ninth class, sewer district, water district, public hospital district, rural county library district, intercounty rural library district, fire protection district, cemetery district, city or town may levy taxes at a rate in excess of the rate specified in RCW 84.52.050 through 84.52.056 and RCW *55784.52.043, or RCW 84.55.010 through 84.55.050, when authorized so to do by the electors of such county, ((school- district,)) metropolitan park district, park and recreation district in class AA counties and counties of the second, eighth and ninth class, sewer district, water district, public hospital district, rural county library district, intercounty rural library district, fire protection district, cemetery district, city or town in the manner set forth in Article VII, section 2(a) of the Constitution of this state, as amended by Amendment 59 and as thereafter amended, at a special or general election to be held in the year in which the levy is made ((or, in the case of a proposition authorizing levies for support of a school district for a two year period,- at a special or general election to be held in the year in which the first annual levy is made: Provided, That once additional tax levies have been authorized for the support of a school district for a two year period, no further additional tax levies for the support of the-district for that period may be authorized except for expenditures attributable to an unanticipated increase in student enrollment and for the acquisition of motor vehicles for student transportation)).
A special election may be called and the time therefor fixed by the board of county commissioners or other county legislative authority, ((hoard of school directors,)) or council, board of commissioners or other governing body of any metropolitan park district, park and recreation district in class AA counties and counties of the second, eighth and ninth class, sewer district, water district, public hospital district, rural county library district, intercounty rural library district, fire protection district, cemetery district, city or town, by giving notice thereof by publication in the manner provided by law for giving notices of general elections, at which special election the proposition authorizing such excess levy shall be submitted in such form as to enable the voters favoring the proposition to vote "yes" and those opposed thereto to vote "no".
Sec. 2. Section 84.52.054, chapter 15, Laws of 1961 as last amended by section 2, chapter 4, Laws of 1977 and RCW 84.52.054 are each amended to read as follows:
The additional tax provided for in subparagraph (a) of the seventeenth amendment to the state Constitution as amended by Amendment 59 and as thereafter amended, and specifically authorized by RCW 84.52.052, as now or hereafter amended, and section 3 and 4 of this amendatory act, shall be set forth in terms of dollars on the ballot of the proposition to be submitted to the voters, together with an estimate of the dollar rate of tax levy that will be required to produce the dollar amount; and the county assessor, in spreading this tax upon the rolls, shall determine the eventual dollar rate required to produce the amount of dollars so voted upon, regardless of the estimate of dollar rate of tax *558levy carried in said proposition. In the case of a school district proposition for a two year period, the dollar amount and the corresponding estimate of the dollar rate of tax levy shall be set forth for each of the two years. The dollar amount for each of the two annual levies may be equal or in different amounts.
New Section. Sec. 3. There is added to chapter 15, Laws of 1961 and to chapter 84.52 RCW a new section to read as follows:
The limitations imposed by RCW 84.52.050 through 84.52.056, and RCW 84.52.043 shall not prevent the levy of additional taxes by school districts, when authorized so to do by the electors of such school district in the manner set forth in Article VII, section 2(a) of the Constitution of this state, as amended by Amendment 59 and as thereafter amended, at a special or general election to be held in the year in which the levy is made or, in the case of a proposition authorizing levies for support of a school district for a two year period, at a special or general election to be held in the year in which the first annual levy is made: Provided, That once additional tax levies have been authorized for the support of a school district for a two year period, no further additional tax levies for the support of the district for that period may be authorized.
A special election may be called and the time therefor fixed by the board of school directors, by giving notice thereof by publication in the manner provided by law for giving notices of general elections, at which special election the proposition authorizing such excess levy shall be submitted in such form as to enable the voters favoring the proposition to vote "yes" and those opposed thereto to vote "no".
New Section. Sec. 4. There is added to chapter 15, Laws of 1961, and to chapter 84.52 RCW a new section to read as follows:
The maximum dollar amount which may be levied by or for any school district for maintenance and operation support under the provisions of section 3 of this amendatory act shall be as follows:
(1) For excess levies in 1977 for collection in 1978:
To the extent that any district receives funds through the state apportionment formula in excess of the amount anticipated by such a district when it established its excess levy for collection in 1978 and when such excess can be utilized to relieve special levy burdens, then such a district should place a first priority on reducing its special levy.
(2) For excess levies in 1977 for collection in 1979; for excess levies in 1978 for collection in 1979 and thereafter, the sum of:
(a) That amount equal to ten percent of each school district's prior year basic education allocation converted to one hundred percent of formula; plus
*559(b) That amount equal to each school district's prior year basic education allocation converted to one hundred percent of formula minus each school district's basic education allocation for such school year.
(3) Excess levies authorized under this 1977 amendatory act or under RCW 84.52.052 shall not be used to increase the average compensation for certificated or classified personnel in any school district: Provided, That those school districts which receive state funds budgeted for a four percent increase in average compensation for certificated or classified personnel respectively shall be allowed to increase such certificated or classified compensation by an amount equal to the percentage increase in the prior year's United States Consumer Price Index minus the state funded four percent, or by an additional two percent, whichever is less: Provided Further, That any school district whose average compensation for certificated or classified personnel respectively is below statewide average compensation level for certificated or classified personnel during the preceding school year, may collect and expend property taxes authorized by this 1977 amendatory act, or under RCW 84.52.052, for the purpose of increasing such district average compensation for certificated or classified personnel up to but not to exceed the statewide average compensation for certificated or classified personnel for the preceding school year: Provided Further, That those contracts which have been negotiated prior to the effective date of this 1977 amendatory act by those school districts for such school year shall not be abrogated by this 1977 amendatory act.
(4) For the purpose of the section, the basic education allocation shall be determined pursuant to RCW 28A.41.130, 28A.41.140, and 28A.41-.145, as now or hereafter amended.
"Compensation" for the purposes of this 1977 amendatory act shall mean one hundred and seven percent of each school district's respective average salary for certificated personnel, and one hundred and fourteen percent of each school district's respective average salary for classified personnel.
Certificated personnel shall include those persons employed by a school district in a teaching, instructional, administrative or supervisory capacity and who hold positions as certificated personnel as defined under RCW 28A.01.130, as now or hereafter amended, and every school district superintendent, and any person hired in any manner to fill a position designated as, or which is in fact, that of deputy superintendent or assistant superintendent. Classified personnel shall include those persons employed by a school district other than certificated personnel as defined in this section in a capacity for which certification is not required.
For the purpose of subsection (2) of this section, the superintendent of public instruction may grant local school districts authority to exceed the *560levy limitations imposed by said subsection: Provided, That said limitations can only be exceeded by an amount that will insure local school districts the ability to raise a total excess levy dollar amount per annual average full time equivalent student which when combined with the basic education allocation is equal to but does not exceed one hundred and four percent of the previous school year's comparable dollars per annual average full time equivalent student.
The superintendent of public instruction shall develop rules and regulations and inform school districts of the pertinent data necessary to carry out the provisions of this 1977 amendatory act.
New Section. Sec. 5. If any provision of this 1977 amendatory act, or its application to any person or circumstance is held invalid, the remainder of the act, or the application of the provision to other persons or circumstances is not affected.
New Section. Sec. 6. This 1977 amendatory act is necessary for the immediate preservation of the public peace, health, and safety, the support of the state government and its existing public institutions, and shall take effect July 1,1977.
Passed the House June 19, 1977.
Passed the Senate June 19, 1977.
Approved by the Governor June 30, 1977.
Filed in Office of Secretary of State June 30, 1977.
Appendix D
Laws of 1977,1st Ex. Sess., ch. 339, § 96:
New Section. Sec. 96. For the Superintendent of Public Instruction — General Apportionment for Fiscal Year 1978
General Fund Appropriation:
For General Appropriation........................$670,100,000
Total Appropriation .............................$670,100,000
The appropriation contained in this section shall be subject to the following conditions and limitations:
(1) Of the appropriation contained in this section the superintendent is hereby authorized to distribute up to $33,000,000 for compensation including benefit increases for certificated and classified staff in the common schools starting September 1, 1977. For the purpose of distributing these funds, the superintendent of public instruction shall determine the state maximum school district average compensation level including benefits for certificated staff for the 1976-77 school year and the state maximum school district average compensation level including benefits for classified staff for the 1976-77 school year.
*561Such state maximum compensation levels including benefits increased by four percent shall be the "maximum control levels" for certificated and classified staff for the purposes of this section.
For the purpose of distributing these funds for the 1977-78 school year, each school district shall receive average compensation level including benefit increases for certificated and classified staff respectively as follows:
(a) Those school districts whose district average compensation level including benefits is above the state average compensation level including benefits for 1976-77, shall receive a six percent increase above the 1976-77 average compensation level including benefits: Provided, That no district shall receive an increase which would raise average compensation levels including benefits above the "maximum control level" so defined.
(b) Those school districts whose district average compensation level including benefits is below the state average compensation level including benefits for 1976-77, shall receive a nine percent increase above the 1976-77 average compensation levels up to an amount not to exceed six percent above the state average compensation level including benefits for 1976-77.
(2) The superintendent of public instruction is hereby authorized to direct from the moneys available for distribution pursuant to and under the conditions of subsection (1) of this section, such funds as may be necessary to grant salary increases for certificated and classified employees funded through state funded categorical programs including Educational Service Districts.
(3) Compensation including benefit increases for classified and certificated staff supported by federal programs or traffic safety education funds shall be subject to the conditions of subsection (1) of this section and paid from the respective revenue source.
(4) The weighting schedule used by the superintendent of public instruction during the 1977-78 fiscal year in computing the apportionment of funds for each school district shall be based on the following factors:
(a) A base weighting factor of 1.0 for each full time equivalent student enrolled;
(b) An additional weighting factor of 1.0 for each full time equivalent student enrolled in vocational education in grades 9-12 which is approved by the superintendent of public instruction;
(c) Continuation of the weighting factors used by the superintendent of public instruction for the purpose of reimbursement to each school district for costs resulting from staff education and experience greater than the minimum requirements. The superintendent of public instruction shall employ the staff characteristic factor of the respective local districts established in the *562immediately preceding school year for purposes of distribution during the 1977-78 fiscal year;
(d) An additional weighting factor of not more than 2.0 as determined by the superintendent of public instruction for school districts enrolling not more than 250 full time equivalent students in grades 9-12;
(e) An additional weighting factor of not more than 2.0 as determined by the superintendent of public instruction for nonhigh school districts enrolling not more than 100 full time equivalent students which districts have been judged to be remote and necessary by the state board of education;
(f) An additional weighting factor of not more than 2.0 as determined by the superintendent of public instruction for small school plants which are judged remote and necessary within any school district by the state board of education;
(g) An additional weighting factor for a period of not more than four years, for any consolidated school district formed after July 1, 1971, equal to the additional weighting factor in effect in each qualifying district during the school year immediately preceding consolidation, which district consists of one or more former school districts which were either remote and necessary or which contained not more than 250 students in grades 9-12;
(h) An additional weighting factor of 0.25 for full time equivalent students residing on tax exempt property as set forth in RCW 28A.41.140(6)(b) or (c); and
(i) An additional weighting factor of 0.25 for full time equivalent students in an approved interdistrict cooperative program as authorized by RCW 28A.41.140(6)(a) and 28A.58.075.
(5) During the 1977-78 school year the superintendent of public instruction shall distribute not more than $1,627,000 of the funds appropriated by this section, outside of the apportionment formula to school districts of which $480,000 shall be for the following purposes:
(a) To pay fire protection districts at a rate of $1.00 per year for each student attending a school located in an unincorporated area within a fire protection district as mandated by the provisions of RCW 52.36.020 by the expenditure of not more than $280,000;
(b) To pay for school district emergencies by the expenditure of not more than $200,000.
The legislature, in adopting the 1977 school finance legislation discussed later in the text, was of the opinion that a "lid" of 10 percent upon local contributions to the school budget comports with the constitutional mandate of uniformity. I am inclined to believe this is so, as local variations in need may justify a limited local effort to supplement state funds. While such a view appears to compromise the constitutional command, I believe it reflects a necessary balancing of state responsibilities with practical educational planning. In a similar vein, the United States Supreme Court has held that small variation in population size of state legislative districts is not abhorrent to constitutional guaranties of equal popular representation. See Mahan v. Howell, 410 U.S. 315, 35 L. Ed. 2d 320, 93 S. Ct. 979 (1973); Gaffney v. Cummings, 412 U.S. 735, 37 L. Ed. 2d 298, 93 S. Ct. 2321 (1973); compare Reynolds v. Sims, 377 U.S. 533, 579, 12 L. Ed. 2d 506, 84 S. Ct. 1362 (1964) ("So long as the divergences from a strict population standard are based on legitimate considerations incident to the effectuation of a rational state policy, some deviations from the equal-population principle are constitutionally permissible . . .") At any rate, the constitutionality of the 1977 legislation cannot properly be determined in the present proceeding.
"The goal of the Basic Education Act for the schools of the state of Washington set forth in this 1977 amendatory act shall be to provide students with the opportunity to achieve those skills which are generally recognized as requisite to learning. Those skills shall include the ability:
"(1) To distinguish, interpret and make use of words, numbers and other symbols, including sound, colors, shapes and textures;
"(2) To organize words and other symbols into acceptable verbal and nonverbal forms of expression, and numbers into their appropriate functions;
"(3) To perform intellectual functions such as problem solving, decision making, goal setting, selecting, planning, predicting, experimenting, ordering and evaluating; and
"(4) To use various muscles necessary for coordinating physical and mental functions." Laws of 1977,1st Ex. Sess., ch. 359, § 2.
"(2) Satisfaction of the basic education goal identified in section 2 of this 1977 amendatory act shall be considered to be implemented by the following program requirements:
" (a) Each school district shall make available to students in kindergarten at least a total program offering of four hundred fifty hours. The program shall include reading, arithmetic, language skills and such other subjects and such activities as the school district shall determine to be appropriate for the education of the school district's students enrolled in such program;
"(b) Each school district shall make available to students in grades one through three, at least a total program hour offering of two thousand seven hundred hours. A minimum of ninety-five percent of the total program hour offerings shall be in the basic skills areas of reading/language arts, mathematics, social studies, science, music, art, health and physical education. The remaining five percent of the total program hour offerings may include foreign languages, or such subjects and activities as the school district shall determine to be appropriate for the education of the school district's students in such grades;
"(c) Each school district shall make available to students in grades four through six at least a total program hour offering of two thousand nine hundred seventy hours. A minimum of ninety percent of the total program hour offerings shall be in the basic skills areas of reading/language arts, mathematics, social studies, science, music, art, health and physical education. A minimum of five percent of the total program hour offerings shall be in the area of work skills. The remaining five percent of the total program hour offerings may include foreign languages, or such subjects and activities as the school district shall determine to be appropriate for the education of the school district's students in such grades;
*549"(d) Each school district shall make available to students in grades seven through eight, at least a total program hour offering of one thousand nine hundred eighty hours. A minimum of eighty-five percent of the total program hour offerings shall be in the basic skills areas of reading/language arts, mathematics, social studies, science, music, art, health and physical education. A minimum of ten percent of the total program hour offerings shall be in the area of work skills. The remaining five percent of the total program hour offerings may include foreign language, or such subjects and activities as the school district shall determine to be appropriate for the education of the school district's students in such grades;
"(e) Each school district shall make available to students in grades nine through twelve at least a total program hour offering of four thousand three hundred twenty hours. A minimum of sixty percent of the total, program hour offerings shall be in the basic skills areas of language arts, mathematics, social studies, science, music, art, health and physical education. A minimum of twenty percent of the total program hour offerings shall be in the area of work skills. The remaining twenty percent of the total program hour offerings may include traffic safety, foreign language, or such subjects and activities as the school district shall determine to be appropriate for the education of the school district's students in such grades, with not less than one-half thereof in basic skills and/or work skills.
"Nothing contained in subsection (2) of this section shall be construed to require individual students to attend school for any particular number of hours per day or take any particular courses.
"Each school district's basic educational program shall be accessible to all students between the ages of five and twenty-one years of age and shall consist of a minimum of one hundred eighty school days per school year in such grades as are conducted by a school district, and one hundred eighty half-days of instruction, or equivalent, in kindergarten. The state board of education pursuant to its authority in RCW 28A.04.120 and 28A.41.130, as now or hereafter amended, shall adopt the necessary rules and regulations to ensure program compliance with the provisions of this section." Laws of 1977, 1st Ex. Sess., ch. 359, § 3(2).
The same result is dictated by the jurisprudential maxim that a court "is under duty to dispose of a controversy within the narrowest confines that intellectual integrity permits." Joint Anti-Fascist Refugee Comm. v. McGrath, 341 U.S. 123, 149-50, 95 L. Ed. 817, 71 S. Ct. 624 (1950) (Frankfurter, J., concurring). As at present there is no need to give constitutional definition to the words "ample" or "provision" or to construe and interpret "basic education" as distinguished from other educational programs, such superfluous judgment should be avoided.