Washington State Charter School Supporters, Opponents Look Ahead to a Critical Year
The Washington Supreme Court decision regarding the constitutionality of charter schools has yet to be resolved, potentially extending the legal battle into 2018. This means that parents, advocates, and educators who are fighting to save the schools, as well as the teachers union and other groups seeking to close them, could face a lengthy year of legal disputes.
While there have already been some preliminary rulings regarding the fate of charter schools and who can be involved in the litigation, the real first round of legal proceedings is scheduled for January 27. On this date, a county Superior Court judge will conduct a hearing to determine if there are enough legal questions regarding the legality of Washington’s charter schools to warrant a trial.
The attorneys from both sides anticipate that the case will eventually be appealed to the state Supreme Court. This is the same court that previously declared Washington’s charter schools unconstitutional shortly after they were established in Seattle, Tacoma, and Spokane in 2015.
One group challenging the schools, the League of Women Voters of Washington, emphasized the need for public oversight of the educational funding. They argue that charters should be held to the same standards as traditional public schools in terms of how they are operated.
On the other hand, parents like Shirline Wilson, whose child attends Rainier Prep in Seattle, see the ongoing litigation as a threat and a political strategy that distracts from the core issue of their right to choose the best school for their children. Wilson questions why she, as a private citizen, should not have the ability to seek the best education for her child.
After the January hearing, the judge will have 30 days to make a ruling. Attorneys predict that there will be an appeal to the Supreme Court between spring and autumn of 2017. Although the previous charter school case took more than a year to be decided by the high court, it is expected that this time frame will be different. Both sides speculate that a ruling may be delivered by late 2017 or early 2018.
The swift resolution of the case is particularly important for students who are uncertain about their educational futures. Paul Lawrence, the attorney for the plaintiffs, stated that it is necessary for charter school students to understand the situation, and he believes that the Supreme Court is aware of this sensitivity.
However, charter school parent Jessica Garcia expressed concern that a second ruling against charter schools may lead to their demise in Washington state. She wonders if even the most well-intended charter school funders would be willing to stay invested in a cause that has been repeatedly rejected.
In 2015, the court deemed that Washington’s charter schools did not meet the definition of common schools outlined in the state constitution. This was because the schools lacked oversight from a locally elected school board and could not be funded in the same manner as traditional public schools. This decision sparked numerous emotional appearances and hearings by charter school stakeholders at the state capitol. In response, lawmakers passed a bill in March that allocated lottery revenue to fund charter schools.
Following this legislative fix, the League of Women Voters, the Washington Education Association (the state’s largest union), and El Centro de la Raza, among others, filed a second lawsuit against charter schools. In November, a King County Superior Court judge dismissed two arguments put forth by charter supporters, which provided some optimism for the defendants. However, the critical argument that charter schools interfere with fully funding public education remains.
The judge did not agree with the argument made by the plaintiffs that funding charter schools would negatively impact the funding of district schools. According to the judge, this claim was speculative. However, the plaintiffs have requested a reconsideration and are urging the judge to include the larger funding issue in the case.
Charter school parents express their commitment to advocating for full funding of public education. In 2017, some parents plan to meet with legislators who are working towards fully funding education in order to ensure that charter schools have a voice in the conversation. Jessica Garcia emphasized the need to move away from fighting over limited resources and highlighted that fully funding charter schools would be just one piece of the puzzle among numerous other fully funded common school programs.
In the previous ruling, the judge granted the defendant’s request to dismiss certain plaintiffs, including the League of Women Voters and El Centro de la Raza. However, the judge allowed the plaintiffs’ attorney to argue their standing again, thus bringing them back into the case.
Despite the dismissal of some plaintiffs, the core argument of the plaintiffs is still progressing. The Washington Education Association, which represents 85,000 members, reaffirms that their main constitutional argument, that charter schools are not considered common schools under the state constitution, remains valid.
The question of how charter schools are governed lies at the heart of the matter. Charter schools are accountable to a state charter school commission rather than a locally elected school board. Supporters of charter schools argue that this freedom from bureaucracy enables more innovation and flexibility, while still maintaining a high level of accountability.
Washington’s charter school law recently received a perfect score from the National Association of Charter School Authorizers. The organization evaluates charter laws based on criteria such as accountability, replication of high-performing schools, and requirements for annual performance reports. Out of the 44 states with charter laws, only three received a perfect score.
The Gen Next Foundation provided support for coverage of Washington state charters and the production of the accompanying video.
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