As I understand it: WA state voters approved a charter school/voucher system by voter initiative in 2012. The WA State supreme court says that per the WA state constitution, that charter schools with a private board overseeing them are not public schools and are therefore not eligible for public school funding.
And this ruling makes me wonder if the charter schools could set up parallel charter school districts with school boards elected by local voters and non-unionized teachers.
The Washington Supreme Court has ruled the state’s voter-approved charter-school law unconstitutional.
The decision casts a shadow over Tacoma’s first three charter schools that opened in August, leaving their funding in jeopardy. In a 6-3 ruling issued late Friday afternoon, the high court said that the privately operated, publicly funded charter schools do not qualify as common schools under Washington’s Constitution and thus cannot receive public funding.
The decision, which came nearly a year after oral arguments in the case and just after eight new charter schools opened, did not specify what will happen to the schools or the students who attend them. Instead, the justices sent the case back to King County Superior Court “for an appropriate order.”
The high court’s opinion takes effect in 20 days, barring any reconsideration by the court. That could give the charter schools – and the public schools that might have to accommodate their students – a little breathing room.
A spokeswoman for the Washington State Charter Schools Association said that its legal experts were reviewing the decision. But the association said staff and students are planning to report to school as scheduled Tuesday morning.
In the lead opinion, Chief Justice Barbara Madsen said the case wasn’t about the merits of charter schools, simply whether they were eligible for public funds. Citing state Supreme Court precedent from 1909, she said they are not eligible because they are not under the control of local voters. Washington charters are run by private nonprofit organizations that appoint their own boards. Most, including Tacoma’s charters, are also under the oversight of the appointed Washington State Charter School Commission.
A coalition of groups — including the state teachers union, a group of Washington school administrators and the League of Women Voters — sued the state in 2013 to stop the new charter system, adopted by voters in 2012. That ballot initiative made Washington the 42nd state to approve charters.
Last year, Washington state had one charter school. This year, there are nine — in Tacoma, Spokane, Kent, Highline and Seattle — with nearly 1,200 pupils enrolled.
Three of the schools that opened this year are in Tacoma. They are the SOAR Academy for students in kindergarten through eighth grade, located on the Hilltop; Destiny Charter Middle School, located in the Dome Top neighborhood; and Summit Olympus High School, near the Tacoma Dome. The three Tacoma schools opened in mid-August with a total enrollment of around 400 students.
Thelma Jackson, who chairs the board of SOAR Academy in Tacoma, said late Friday afternoon that officials from charter schools across the state were planning a conference call to discuss the court ruling and its effects. She was critical of the court for releasing its decision late on a Friday before a holiday weekend, causing charter officials to scramble.
Jackson said SOAR had not yet received its per-pupil apportionment of state funds, but was expecting to get it later this month. She said SOAR was able to open last month with grant and other non-state funding.
Joshua Halsey, executive director of the state charter commission, was also displeased with the court’s timing.
“The court had this case in front of them since last October, and waiting until students were attending public charter schools to issue their ruling is unconscionable,” Halsey said in a news release. “We are most concerned about the almost 1,000 students and families attending charter schools and making sure they understand what this ruling means regarding their public school educational options. We are consulting with legal counsel regarding the options available.”
In the ruling, Madsen said there was no reason to overturn the 1909 precedent, and she further rebuffed an argument from the state that charter schools could be financed from the general fund rather than from money intended for public schools. She was joined in the ruling by Justices Charles Johnson, Charles Wiggins, Mary Yu, Debra Stevens and Susan Owens.
In a separate opinion, three justices agreed with the majority that charter schools are not common schools, but argued that the voter-approved charter school law was still valid.
“Nowhere does the Act identify a source of funding; it merely states that charter schools must ‘receive funding based on student enrollment just like existing public schools,’” wrote Justice Mary Fairhurst.
A spokesman for Gov. Jay Inslee said Friday the governor’s office was reviewing the ruling and would consult with Attorney General Bob Ferguson for further guidance.
A Tacoma Public Schools spokesman said Friday’s Supreme Court decision was a “stunning turn of events.” But he said the school district stands ready to take in students that may be displaced if the local charter schools ultimately close their doors.
“We do have enough space throughout the district that we could accommodate the additional students,” said spokesman Dan Voelpel.
Tacoma Public Schools open Wednesday.
He said the district doesn’t have firm numbers on how many students it might need to absorb, but a preliminary analysis suggests that roughly 125 students in Tacoma school boundaries were enrolled in the three charter schools.
“We are trying to sift through the implications of the ruling,” Voelpel said. “We really feel for the families and the children who are signed up at the charter schools.”
Tacoma School Board members have previously voiced concerns about the state approving too many charter schools in Tacoma, draining students and funds from the district. And they opposed the initiative when it was submitted to voters in 2012.
But Voelpel emphasized Friday that the School District was not a party to the lawsuit, nor did the School Board take a position on the litigation.
News Tribune staff writers Debbie Cafazzo and Matt Misterek contributed to this report.
Yep. Between this and the Seattle teachers voting to strike, it's been quite the week for educational policy wonks.
Edit... Oh, I almost forgot... The state Supreme Court fining the legislature $100K a day for failing to abide by its ruling, ordering the legislature to adequately fund public education.
The law nerd in me feels compelled to highlight that the charter schools were declared unconstitutional under the WA constitution, not under the federal constitution.
The law nerd in me feels compelled to highlight that the charter schools were declared unconstitutional under the WA constitution, not under the federal constitution.
Carry on.
Sorry, I thought I had highlighted that. Let me see if I can do better.
Yep. Between this and the Seattle teachers voting to strike, it's been quite the week for educational policy wonks.
Edit... Oh, I almost forgot... The state Supreme Court fining the legislature $100K a day for failing to abide by its ruling, ordering the legislature to adequately fund public education.
The WA legislature's next scheduled session isn't until January 2016? How on earth is that possible? Even MI's part time legislature is back in session next week.
Honest question-What's the difference between a private school and a privately-managed charter school besides public funding?
Well, they are public in that you don't have to pay to attend.
Differences are Corporate sponsorship, extra funding, no oversight, bizarre rules (google clap sizzle clap), fewer unions, finding ways to keep SPED and ELL kids out, higher expulsion rates, higher teacher and student turnover, and a spotty record. also, school choice. (Which diverts money away from public schools. )
The key thing for me here is the typical set up for charters. You have a board that governs them that doesn't report to the elected school board.
This leaves parents with very little remedy if there are issues at a school. Locally, we can't get basic information for parents regarding charter board meetings. Also, who do you complain to if something is wrong?
It'll be interesting to see how this shapes potential legislation and cases.
Honest question-What's the difference between a private school and a privately-managed charter school besides public funding?
Er, public funding is the big issue. Charters divert funds away from traditional public schools when the students are funneled to charters instead. The charters do not answer to elected officials. They are pretty much allowed to develop their own curriculum. So they take money away from public schools and then put to use with little to no oversight. THAT is the problem.
If you want to pay to send your kid to a private school with a completely different curriculum than the local public school or homeschool according to the methods some of the for-profit charters have adopted, that's your business. It doesn't hurt public schools to do so.
Yep. Between this and the Seattle teachers voting to strike, it's been quite the week for educational policy wonks.
Edit... Oh, I almost forgot... The state Supreme Court fining the legislature $100K a day for failing to abide by its ruling, ordering the legislature to adequately fund public education.
The WA legislature's next scheduled session isn't until January 2016? How on earth is that possible? Even MI's part time legislature is back in session next week.
It's a VERY part time legislature.
It's been a while, but if i remember correctly, they do a budget every other year, and have a longer session, then every other year their session is crazy short.
I don't get it. There's so much legislating they simply don't get to.
But as much as Seattle is lefty blue, the rest of Washington is deep deep Deep small government red... We don't have an income tax FFS... Any move to maybe the legislative session longer gets shut down fast.
Edit... 94 days, the session in 2015, for everything except specific business. 94 days.
The WA legislature's next scheduled session isn't until January 2016? How on earth is that possible? Even MI's part time legislature is back in session next week.
It's a VERY part time legislature.
It's been a while, but if i remember correctly, they do a budget every other year, and have a longer session, then every other year their session is crazy short.
I don't get it. There's so much legislating they simply don't get to.
But as much as Seattle is lefty blue, the rest of Washington is deep deep Deep small government red... We don't have an income tax FFS... Any move to maybe the legislative session longer gets shut down fast.
Edit... 94 days, the session in 2015, for everything except specific business. 94 days.
I really think it will get done. It's just going to be down to the wire. However, I am going to a strike captain meeting tomorrow... Just in case.
I'm liking the getting done part.
... If nothing else, I've already given my kids union organizing 101... They don't get it, but they know that the teachers are doing the right thing for them, so they're ok with it...
Honest question-What's the difference between a private school and a privately-managed charter school besides public funding?
Er, public funding is the big issue. Charters divert funds away from traditional public schools when the students are funneled to charters instead. The charters do not answer to elected officials. They are pretty much allowed to develop their own curriculum. So they take money away from public schools and then put to use with little to no oversight. THAT is the problem.
If you want to pay to send your kid to a private school with a completely different curriculum than the local public school or homeschool according to the methods some of the for-profit charters have adopted, that's your business. It doesn't hurt public schools to do so.
FWIW The funding thing is not true in every state. Ohio's education dollars follow the student regardless so private schools receive a certain amount of public money per student they have enrolled from the district in which they operate. When I was in school our textbooks, smart boards, computers, and graphing calculators were all paid for by the district.
mominatrixannieblah Yikes! OK, I guess I have to start tempering my angst at our part time legislature. They are there at least 2 weeks a month all year long. So they do get some stuff done. Though road funding has been lingering and it is starting to frustrate everyone.
ETA; Well, crap. They are full time and still don't get shit done. I thought they were part time given all their damn recesses. OK. Now I am really full of the angst.
The key thing for me here is the typical set up for charters. You have a board that governs them that doesn't report to the elected school board.
This leaves parents with very little remedy if there are issues at a school. Locally, we can't get basic information for parents regarding charter board meetings. Also, who do you complain to if something is wrong?
It'll be interesting to see how this shapes potential legislation and cases.
This was a huge issue for me in our first charter in CO - parent led board. If you were good with them and their views great, but if not, it could be hell for you or hard for kids.