Washington State Charter School Lawsuit: The Details
I have posted below parts of the Complaint that pertain to the unconstitutionality of the Charter School Act.
A summary of the lawsuit can be found on the post Parents, educators, and community groups file lawsuit challenging new charter school law in Washington State.
The complaint in full can be viewed at the Washington Education Association’s website.
Dora Taylor
Introduction of the Complaint:
Article IX, section 1 of the Washington Constitution establishes that the “paramount duty” of the State of Washington (“State”) is to make “ample” provision for the education of children within its borders. The State must provide for a “general and uniform” system of public schools, including “common” schools. Const., art. IX, § 2. A “common school” is a school “that is common to all children of proper age and capacity, free, and subject to, and under the control of, the qualified voters of the school district.” Sch. Dist. No. 20 v. Bryan, 51 Wash. 498, 504, 99 Pac. 28 (1909). Certain state funds — revenue derived from the common school fund and the state tax for common schools — are to be used “exclusively” to support the State’s common schools. Const., art. IX, § 2, 3.
In the November 2012 general election, voters enacted Initiative Measure No. 1240 (“1-1240”), which authorizes the creation of charter schools. See ch. 28A.710 RCW, together with the sections of Titles 28A and 41 RCW added or amended by 1-1240 (collectively, “Charter School Act” or “Act”).’ Charter schools are funded from the revenues restricted by the Constitution for exclusive support of the State’s common schools. But unlike the State’s existing common schools, charter schools are operated by private non-profit corporations, are not subject to voter control, and are exempt