Five Washington Attorneys General, past and present and representing both parties, say the state supreme court’s decision striking down the voter-approved charter school law is wrong. They note that from a legal standpoint the decision is flawed, disruptive and unfair to families, and that its newly-invented “common schools” doctrine is pointless.

Here is what the AGs are saying.

Attorney General Bob Ferguson says:

“The decision not only invalidates Initiative 1240 [the charter schools initiative], but also unnecessarily calls into question the constitutionality of a wide range of other state educational programs,” including Running Start and Washington State Skills Centers.

Former two-term AG Rob McKenna says:

“The court needs to reconsider its decision, which was not well reasoned, threatens programs beyond charter schools, and relies on a pretty outmoded concept of our school system that dates to 1909.  Our ‘common schools’ look quite different today than they did back then!”

Former three-term AG Christine Gregoire says:

“I think the [dissenting] minority opinion in that case is spot-on… The court just has to be aware of the implications of a decision like this and what it means to the children and the families when they have their children all scheduled to go to school and then are put on a moment’s notice that ‘your kid has no place to go.’  Not right, not fair.”

Former three-term AG Ken Eikenberry says:

“I am strongly in favor of AG Ferguson’s motion that the Washington State Supreme Court should re-consider its ruling on charter schools.  Charter schools are a valid part of our constitutional public school system, and the question of whether they are a ‘common school’ is beside the point.”

Former three-term AG Slade Gorton says:

“The charter schools ruling was an absolute disgrace.”

These respected former attorneys general, Democrats and Republicans, are in agreement that the state supreme court made a mistake in its charter school ruling, and that the decision needs to be revisited. 

Failing that, the legislature should pass the excellent charter school law supported by both parties and signed by Governor Gary Locke, a law later killed in a WEA union-led recall effort.  Skeptics will say the WEA union would just launch a lawsuit to kill that law too, as they did with Initiative 1240, but hopefully by then the people will have elected a different supreme court.

This report is part of WPC’s Charter School Follow-Up Project