Washington State

Office of the Attorney General

Attorney General

Bob Ferguson

AGO 2009 NO. 8 > Dec 11 2009

1. The Legislature may create a basic education program of early learning that is limited to students who are at risk of educational failure.  However, article IX, section 1 of the Washington Constitution would preclude limiting such a program to students from low-income households, absent a showing that low family income is an accurate proxy for the risk of educational failure.  This would include showing that other students facing the risk of educational failure are not excluded based on family income.