Students lost and teachers’ unions won in a state supreme court decision dumped just before Labor Day weekend.
Friday, the Washington State Supreme Court ruled that a law allowing charter schools is unconstitutional.
The case hinged on the definition of “common schools” in the public school system. “The entire revenue derived from the common school fund and the state tax for common schools shall be exclusively applied to the support of the common schools,” the state constitution reads. The court ruled charter schools can’t receive public funding because they appoint their governing boards rather than electing them.
But charter schools aren’t giving up.
“The students are in school today,” Eric Paisner, chief of staff for the National Alliance for Public Charter Schools, told the Washington Examiner. “Until there’s an opportunity to redress whatever issues there were with the law, it’s 1,200 students that are being served and it’s families that have all chosen to send their kids to these schools. So we really hope that for the sake of the … students that are attending these schools that have sought out these public options that there will be a remedy that will allow the schools to remain open.”
Legally, the nine schools are waiting for the King County Superior Court to decide how to proceed. It is unclear how long the charter schools will be allowed to operate.
Long-term, advocates have a few options: Implement a new law that passes constitutional muster, amend the state constitution or seek a legal reconsideration and hope it goes well.
A legal reconsideration is the most likely avenue. The Supreme Court heard arguments in the case about a year ago. Charter school supporters could ask that the case be reheard with information newly available within the past year. Supporters would need to officially pursue that option by September 24.
Legislatively, immediate action would require Gov. Jay Inslee, a Democrat, to call the state legislature into a special session. The state legislature is in recess for the rest of the year. Potential legislation could give charter schools funding separate from tax dollars reserved for traditional public schools.
Republicans narrowly control the State Senate over Democrats by a 26 to 23 margin. The state House of Representatives has 51 Democrats and 47 Republicans.
It’s unclear how well a pro-charter school law would fair in the legislature. Support from Inslee would go a long way. “The governor has not put charters at the top of his agenda,” Paisner said. “At the same time, he appointed some strong individuals to the state charter commission, which shows that he is committed to making these schools work for Washington students.” The governor’s office says it is reviewing the ruling.
The most difficult route is to amend the state constitution. It would require that both the state Senate and state House of Representatives approve a ballot proposal with a two-thirds vote. If approved, the proposal would need a majority of voters in the next state general election.
The supreme court had 10 months to announce its 6-3 ruling on the charter law, but waited until after the school year began for undetermined reasons.
Justices are elected to the Washington State Supreme Court for six-year terms. Washington Policy Center, a free-market think tank, said the decision was “funded by the powerful state teachers union.”
In 2012, Washington voters passed a ballot measure allowing 40 public charter schools with 50.7 percent in favor. That same election, Democrat Maria Cantwell won re-election to the United States Senate with 61 percent support, Inslee was elected with 52 percent support, and President Obama carried Washington with 56 percent support.
