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The Washington Supreme Court to Hear Charter School Case

 lawsuit2

On Friday August 15th, the Washington Supreme Court accepted review of the appeal in the charter school case.  The Court will hear oral arguments on Tuesday, October 28, 2014.  Additional details to follow as I receive them.

What we know so far:

The Plaintiffs:

League of Women Voters

El Centro de la Raza

Washington Association of School Administrators

Washington Education Association

Professor Wayne Au

Two parents of children in public schools in Washington State.

A coalition of parents, educators, and community groups filed a Complaint in King County Superior Court in 2013 challenging the constitutionality of Initiative 1240, Washington’s new Charter School Act.

The Complaint asserts that the Charter School Act violates the Washington Constitution by improperly diverting public school funds to private organizations that are not subject to local voter control and by impeding the State’s constitutional obligation to amply provide for and fully fund K-12 public education.

The plaintiffs in the lawsuit include the League of Women Voters of Washington, a nonpartisan organization that encourages the participation of citizens in government; El Centro de la Raza, a Seattle-based group dedicated to social justice; the Washington Association of School Administrators, an organization of more than 1,600 school administrators; the Washington Education Association, an organization that represents nearly 82,000 public school employees; Wayne Au, Ph.D., an educator and education advocate; Pat Braman, a former Mercer Island High School teacher and current Mercer Island School Board member; and parents with children in public schools in Snohomish and Spokane Counties.

“The Charter School Act poses a real threat to our public school system in Washington,” said Plaintiff Dr. Wayne Au. “Not only does it divert already deficient state funds from public schools to private organizations, it also exempts those private organizations from many of the standards that are in place to ensure that all children receive an adequate education.”

The Complaint asserts that the Charter School Act violates the Washington Constitution in at least seven ways:

1. It improperly delegates the State’s constitutional “paramount duty” to provide for the education of children within its borders to private organizations that are not subject to the requirements and standards in place to ensure that all children receive a constitutionally sufficient education.

2. It also violates the State’s paramount duty to make ample provision for the education of all children within its borders by interfering with the State’s progress toward complying with the Washington Supreme Court directive to the Legislature to fully fund basic educational programs by 2018, as set forth in the 2012 McCleary decision.

3. It unconstitutionally diverts public funds that are restricted to use for public common schools to private charter schools that are not subject to local voter control.

4. It violates the Constitution’s “general and uniform” provision because charter schools are not subject to many laws and regulations applicable to public schools, including many of the provisions defining a basic education.

5. It amends existing state law in a manner not permitted by the Constitution.

6. It violates the constitutional requirement that the superintendent of public instruction “have supervision over all matters pertaining to public schools.”

7. It violates the Constitution because it mandates the use of local voter-approved levy funds for a purpose other than the purpose for which the voters approved the levies.

For more about this lawsuit, see Washington State Charter School Lawsuit: The Details.

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This entry was posted on August 16, 2014 by in Charter schools and tagged .
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