PIERCE COUNTY, Wash. -- Some area school districts say they're between the rock and a hard place, and they've asked a judge to help them find a solution.

They say there's not enough money to provide for all their students next year, and they blame the state. The school districts took the issue to court, hoping the judge will rule that shortchanging students is unconstitutional.

Without a solution, the district may be forced to cut, among others, special education programs that cater to the most needy students.

Skyler Walsh was born with a hole in his skull and fluid in the brain. Surgeons removed half of his brain, but none of his competitiveness. He builds huge towers with blocks and wins ribbons at Special Olympics.

Despite his spirit, taking care of Skyler is a full-time job.

"He wouldn't be able to even get dressed (on his own)," said his dad, Terry Walsh. "They (the teachers) help him with getting dressed and his toiletry issues, and I try helping him with that at home."

Skyler is one of 2,500 special ed kids in Pierce County's Bethel School District. Law requires individualized programs for each of them. In order to do so, Bethel will spend $2.7 million more than the state provides.

"We do continuously look for ways to operate more efficiently and effectively. But the bottom line is even with those, they don't add up to $ 2.7 million," said Bob Maxwell, Bethel's special education director.

Bethel and 11 other districts are in appeals court arguing that the state's failure to provide the money that they need to meet the requirements of the law is illegal. Seventy other school districts including Seattle filed legal briefs also claiming the state has failed.

The state, however, claims it provides the needed extra money.

"Every alleged shortfall for every school district statewide, in every year a deficit is complained of, is offset. It's gone," said Bill Clark, assistant state attorney general.

Bethel says the districts need help from the court now more than ever to counterbalance the slumping economy. For example, the Bethel district set aside $600,000 for diesel for buses, but the bill has already reached $1 million.

Bethel also says if the district adds in a mandatory pay increase for teachers, it will have to chop more than $5 million from next year's budget.

The appeals court is expected to make a decision by fall.