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Saturday, September 26, 2015

Washington State Charter School Ruling: Part Two - Ruling Itself Seattle Schools Community Forum

Seattle Schools Community Forum: Washington State Charter School Ruling: Part Two - Ruling Itself:

Seattle Schools Community Forum: Washington State Charter School Ruling: Part Two - Ruling Itself






(Editor's note: I am not a lawyer.  I am a layperson who is interested in the law and I have sought to understand the Washington State Supreme Court ruling on the charter school law.)  

Background

For your edification, here's a link to the Washington State Constitution which was ratified in 1889.  The key issue in this case is the Constitution's use of the term "common schools."  Here's a history of the term "common school" fromPBS.  It would appear that it was a historical term meaning schools funded by taxes (as opposed to private or church-led schools).  Horace Mann was the best-known leader for common schools.  

The term first appears in Article II (Legislative Department), Section 28, part 15. Section 28 states:


SECTION 28 SPECIAL LEGISLATION. The legislature is prohibited from enacting any private or special laws in the following cases: 
15. Providing for the management of common schools.
The main section that the Court used was Article IX - Education - wherein we find the famous "paramount duty" phrase.  It's on page 37.  One key paragraph that seems to throw some people is this one:

The legislature shall provide for a general and uniform system 
Seattle Schools Community Forum: Washington State Charter School Ruling: Part Two - Ruling Itself: