A state high court decision upholding the Washington state charter school system marks the end of a decades-long political fight over the publicly funded, privately run schools. Washington in 2012 was one of the last states to set up a charter school law, though it was among the first to try to institute the education model. Fierce fighting to set up the schools have spanned the past 24 years in legislatures, elections and the courts. The court upheld the new lottery-supported funding model but warned against using state general fund money to compensate for the growing number of children expected to enroll as the sector grows. The decision also preserves the 12 schools that are now serving about 3,400 students. ___ Follow AP Education Reporter Sally Ho on Twitter: https://twitter.com/_SallyHo.<doc-sep>The Washington Supreme Court upheld most of the state's charter school law Thursday, eliminating the specter that a dozen schools serving about 3,400 students might have to close. Teachers unions, civil rights groups and others had challenged the charter school law, arguing that using public money to operate alternative, nonprofit charter schools over which voters have no direct control violated the state Constitution. A majority of the court rejected most of their arguments but struck down part of the law that restricted the ability of charter school employees to unionize. The Washington State Charter Schools Association cheered the ruling, which appeared to end decades of fighting over the schools in Washington, as a "win for public education" and a "big step forward in the fight to close the opportunity gap that persists in our state." Patrick D'Amelio, its chief executive, declined to immediately comment on the part of the law that was struck down, saying the association needed time to review the decision to understand its significance. "The Washington Supreme Court has given 3,400 students and their families from across our state new hope by affirming that charter public schools will continue to be a valuable part of our public education system," the organization said in a statement. Most states allow charter schools. Voters in Washington state rejected them three times since 1996 before approving them in 2012. But the court struck that law down in 2015, saying it violated the state Constitution by diverting money that otherwise would go to traditional public schools. Lawmakers tried to fix the law the next year, allowing up to 40 charter schools that would be paid for with lottery revenues, rather than out of the state's general fund. Critics called the lawmakers' move a shell game. The money set aside for charter schools would otherwise have paid for expenses that now must be handled by the general fund — reducing the amount of money available for the state's 2,300 traditional schools serving about 1.1 million students, they said. The critics also argued that publicly funded charter schools were against the law because they were not overseen by local, elected school boards and because the law diluted the authority of the state superintendent of public instruction to oversee the charter schools. In her lead opinion, Justice Mary Yu disagreed. She noted that the charter schools are free and open to all students, employ certified teachers and meet typical public school instruction requirements. They don't receive local tax money so there is not as much need for local control through a school board, she said. And Yu rejected the notion that the Washington State Charter School Commission — created to oversee the schools — would interfere with the superintendent of public instruction's authority. "In sum, charter schools are not rendered unconstitutional just because they do not operate identically to common schools," Yu wrote. She took issue for technical reasons with part of the law restricting collective bargaining rights of charter school workers. The law allows them to unionize within a school, but not across schools, the way most teachers unions operate. That amended different state laws without directly saying so, and was therefore impermissible, Yu held. Justices Debra Stephens, Charles Johnson and Sheryl Gordon McCloud joined the lead opinion. Justice Steven Gonzalez and Chief Justice Mary Fairhurst mostly concurred, but said they would have also upheld the restrictions on unionizing. Justices Barbara Madsen, Susan Owens and Charles Wiggins dissented, saying they would have struck down the charter law for at least one of the reasons cited by the challengers. Madsen insisted that the leeway granted to charter schools for personnel management, curriculum, discipline and academic accountability made local oversight by an elected school board more important, not less. "The Act creates a parallel public school system that provides a general education, serves all students, and uses public funds, but lacks local voter control or oversight" — and thus violates the Constitution's requirement that the state operate a uniform system of public schools, Madsen wrote. The state teachers union, the Washington Education Association, said in a statement it was disappointed with the ruling. "We still believe it is wrong to divert public funds to privately run organizations that are not accountable to local voters," the union said. ___ Follow Gene Johnson at https://twitter.com/GeneAPseattle<doc-sep>Charter school proponents are praising a Thursday opinion from the Washington State Supreme Court stating that charter schools are constitutional. Opponents, such as the Washington Education Association, are vowing to “continue advocacy for all students, despite the charter school decision.” The Supreme Court stated Thursday that Washington’s privately-run, publicly-funded charter schools are constitutional by a 5-4 ruling. “Not all students learn the same way so our state has a responsibility to provide a range of choices that best meet the needs of children,” said State Senator John Braun. “Our state has recognized we must provide alternatives for students when a traditional public school does not meet their needs. Those methods include online classes, college courses while in high school, and for the last few years charter public schools, where we’ve seen positive results.” Braun is a Republican who represents the state’s 20th Legislative District which includes parts of Thurston, Lewis, Cowlitz, and Clark Counties. He serves as the ranking Republican on the Senate Ways and Means Committee. He co-sponsored a bill that fixed a legal issue surrounding charter schools the first time they were legally threatened in 2015. At that time, the court ruled that the schools were unconstitutional because of their funding structure. They are now funded through lottery money. Senator Hans Zeiger echoed Braun’s statement. “I am pleased that the Supreme Court is allowing publicly funded independent charter schools to stay open,” Zeiger said. “Charter schools have proven to be a high-quality option for students and their families. These innovative public schools provide an alternative to the traditional K-12 school district model and serve students from low-income families. “Public charter schools offer a quality education to children who may struggle in traditional public schools. Public charter schools will continue to be a pathway for more and more Washington state students.” Opposition “disappointed” in Supreme Court Washington’s charter school system was approved by voters in 36 of 39 counties via I-1240. After the 2015 court case, and legislative fix, another lawsuit was launched challenging the school’s unconstitutionality. It is that case the Supreme Court issued an opinion for on Thursday. Charter school opponents say they disagree with the court, but plan to “move forward.” “We’re disappointed in the Supreme Court’s decision to uphold Washington’s charter school law,” said Rich Wood with the Washington Education Association, the statewide teachers’ union. “We still believe it’s wrong to divert public funding to privately-run schools that are not accountable to the local community.” Wood said that the WEA is looking ahead and will continue to advocate for all of Washington’s 1.1 million public school students. He said that there is no plan to go to the Legislature for another charter school battle. The WEA argues that since charter schools are private, parents and students have little say in their operation, unlike public schools. “It’s important for schools that use public funds to be accountable to the local community,” Wood said. “….Local residents can go talk to their locally-elected school board if they have a concern about the way their local public school is being operated with public funds.”<doc-sep>
Young Kwak Students at PRIDE Prep — one of Spokane's charter schools — in 2016. T founder and today ruled that the state's controversial law that allowed for charter schools is, in fact, constitutional.The ruling is a huge relief to Washington charter schools, along with students and their parents, who for years wondered if their schools would be shuttered after voters approved the creation of charter schools in 2012. "Today's ruling is a victory for the students of Washington state, a win for public education, and a big step forward in the fight to close the opportunity gap that persists in our state," says Patrick D'Amelio, CEO of the Washington State Charter Schools Association.D'Amelio adds the ruling gives "3,400 students and their families from across our state new hope. "Brenda McDonald,of Spokane charter schools PRIDE Prep, says she could see a "visible sigh of relief" on the faces of ninth and 10th-grade students who have been with the school for the last few years. "They're excited because they like their school, they love their school, and they want to know that their school can continue to exist," McDonald says.In 2015, the state Supreme Court ruled that the state's charter school law was unconstitutional since it took money from the state's general fund. Charter schools do not have publicly elected school boards and are privately run, yet still use public money.The state Legislature, however, quickly passed a new law that instead took money from the state's lottery fund account, not the general fund, hoping that would make charter schools legal again. Since then, several new charter schools opened up , even as opponents of charter schools challenged the supposed "fix" to the charter school law.Today, the Supreme Court struck a provision that restricted charter schools from unionizing across schools. But it ruled that "the remainder of the Charter School Act is constitutional on its face. "The Washington Education Association, the state's largest teacher's union, says in a statement that it's "disappointed" with the decision. "We still believe it is wrong to divert public funds to privately run organizations that are not accountable to local voters," the WEA says.Spokane's two charter schools, PRIDE PrepSpokane International Academy, are authorized by Spokane Public Schools. Nearly 1,000 families were on the waitlist to get into one of Spokane's charter schools this summer, with charter schools students showing promising results on test scores.McDonald says she was confident the Supreme Court would uphold the charter school law, but it had been a question in the back of her mind. Now, she says parents and students don't have to wonder if the court will deem the schools unconstitutional. "They're excited they can feel some level of permanency," McDonald says.