On December 12, the King County Superior Court in Seattle ruled in League of Women Voters of Washington v. State of Washington, finding that public charter schools are legally permissible in Washington State. As detailed in this blog previously, the case challenged the state constitutionality of Washington’s recently-enacted Charter School Act with seven different claims. Many of the arguments echoed those raised in constitutional challenges filed against charter school laws in other states; other claims relied on unique provisions of Washington’s constitution.
The trial court upheld the act, with two exceptions. Judge Jean Rietschel held that the court was bound by a 1909 state supreme court decision (School District No. 20 v. Bryan) to find that charter schools are not “common schools” because they lack local school district-based voter control (a unique provision of the WA constitution). As a result, the court concluded charter schools are not eligible to receive construction funds reserved by the state for its “common schools.” However, these two aspects of Washington’s Charter School Act are severable, meaning they can be struck down while the rest of the law remains intact. We expect plaintiffs to file an appeal, and we anticipate the case will proceed to Washington State Supreme Court by next summer. However, even if the state supreme court agrees with Judge Reitschel and affirms the trial court’s decision, the immediate impact will be minimal. Most charter applicants seeking to open schools in 2014 have proposed leasing space in existing schools or community facilities; they are not intending to construct or remodel facilities before opening their doors and therefore do not qualify for the common school construction funds. As this case winds its way through the legal process, charter school applicants are charging ahead. The Washington State Charter School Commission and Spokane Public Schools are continuing their consideration of 21 applications for eight spots. For the students and families looking to attend charter schools next year and the teachers, parents, and community leaders working to open them, last week’s ruling was a green light to proceed. Renita Thukral is the vice president of legal affairs at the National Alliance for Public Charter Schools.
