State supreme court justices elected with the help of teachers’ unions have killed a school choice program that helps more than 1,200 students.
The Washington State Supreme Court announced Thursday that it will not reconsider a ruling in which it declared the state’s public charter school law unconstitutional. The court had initially ruled on Sept. 4 that charter schools could not receive state funding because they did not meet the definition of “common schools” in the state constitution.
After the initial ruling, multiple motions requesting reconsideration were filed. A bipartisan group of legislators said the court’s ruling disproportionately harms low-income children, who are more likely to attend charter schools. The Washington State Charter Association said education dollars should be allowed to go to schools that don’t fit the definition of “common schools.” Neither argument swayed the court, with only four of the nine justices calling for reconsideration.
Fortunately, the nine public charter schools in the state have enough money to operate through the end of this school year. But they face an uncertain fate after that.
“This is a devastating ruling from the Washington State Supreme Court. Over 1,100 families are uncertain about their children’s education,” said Nina Rees, president and CEO of the National Alliance for Public Charter Schools. “Hundreds of educators are uncertain about their jobs.”
The court’s decision leaves charter school advocates with only one remaining option to save the charter schools: Convince the state legislature to give the schools special funding outside of the funding reserved for the state’s traditional public schools. “We now look to the legislature to fix the glitch that allowed the court to rule against charter schools and the students they serve,” Rees said. “We urge them to heed the voices of the state’s voters who passed the state’s charter law, the bipartisan group of state legislators and former attorneys general that support charters, and, most importantly, the students, parents, teachers, and leaders in charters (and those waiting to get into them).”
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The only bright spot for charter supporters is that the reconsideration denial came within three months of the initial ruling. It took the state supreme court a year to hand down the initial ruling after it heard oral arguments. The relatively quick denial gives advocates certainty and allows them to focus on legislative efforts.
The Washington State Supreme Court has nine justices, all elected by voters. Seven of the nine justices got the maximum allowable financial donation from the Washington Education Association, the largest teachers’ union in the state.
Charter schools are government-funded, but independently operated. They do not charge tuition and they are open to all students, but they often don’t have enough space to meet demand. They use a lottery system to determine admission when there aren’t enough seats. Compared to traditional public schools, charter schools have more independence in their operations and curriculum, which is why so many families find charter schools desirable.
Jason Russell is a commentary writer for the Washington Examiner.