The analysis begins in Section II with a general overview and summary of Tunstall v. Bergeson. Section III presents a brief legislative background of the statute at issue in Tunstall, Education Programs for Juvenile Inmates, RCW section 28A.193. Section IV discusses Tunstall's misinterpretation of these statutory provisions, demonstrating the Education Programs for Juvenile Inmates' disregard of the paramount duty to provide education to youth under twenty-one pursuant to the Basic Education Act and violation of the Washington Constitution, as discussed in Section V. Next, Section VI argues that because the right to education is a fundamental right under state law, the Education Programs for Juvenile Inmates statute violates the Equal Protection Clause of the Washington Constitution. Finally, Section VII examines the juvenile inmates' right to special education, both under the state Special Education Act, and the federal Individuals with Disabilities Education Act.
Jamie Polito Johnston, Depriving Washington State's Incarcerated Youth of an Education: The Debilitating Effects of Tunstall v. Bergeson, 26 SEATTLE U. L. REV. 1017 (2003).