Groups seek to stop new charter school law
February 27, 2013
As many of my readers know, I have been closely following the behind-the-scenes efforts by charter school opponents to undo voter-passed Initiative 1240 and stop charter schools from opening in our state. In the latest round, executives at the Washington Education Association union, League of Women Voters and El Centro de la Raza are seeking a lawsuit to overturn the Initiative and prevent any children in Washington from attending a charter school. The details are here.
Comments
Charter school lawsuit
No, they are not trying to "prevent" children in Washington State from attending charter schools. They are trying to make sure that an initiative is constitutional.
It's sad that in pursuit of what some want, they want to ignore our Constitution.
Constructive work
Those seeking a judicial review of the constitutionality of I-1240 have raised issues with seven elements of the initiative which, they say, are contrary to our state constitution. Their perspective is not without merit.
I suggest that it is unwise to try to fight them on battleground of their choosing but to make the necessary changes in the law to align it with our state constitution. Some sort of authority over the schools will have to be granted to the OSPI - the constitution is clear on that. Clarity must be brought to the allocation of levy funds - it may be that charters will have to forgo that funding. Likewise, granting the free use of conversion property creates a situation that appears contrary to the constitution.
It would be possible for the state to concede many of these constitutional points, amend the law, and carry on with charter schools. Charter schools are only threatened in the case of an all-or-nothing fight to preserve the entire initiative as written or toss the whole thing out. There is no need for charter school proponents to accept that risk.