Attorney General Bob Ferguson will formally ask the state supreme court to reverse its decision striking down the voters’ charter school law by the September 24 deadline. He said the decision “calls into question the constitutionality of a wide range of other state educational programs.” The Attorney General is right. This court decision not only threatens charter schools, but it also threatens many other highly successful schools and programs governed like charter schools.

To briefly explain, the supreme court decision says only schools governed by locally elected school boards can receive state funding, relying on a 1909 case.  But in the 106 years since that decision, the legislature has innovated and experimented with this old model by allowing unelected private groups and appointed boards to create better, customized programs to prepare students for their careers.

Just to take one example, Raisbeck Aviation High accelerates the education of students interested in aviation engineering, so vital to our state. This school is governed by an independent, unelected board. This school has been recognized as one of the best schools in the nation.   

Below is a list of some programs passed by the legislature, which, like charter schools, are not governed by locally elected boards:

• Innovation Schools.
  • 400 students at Raisbeck Aviation High, governed by an independent Board of Governors, including representatives from private industry.
  • 400 students at Delta High, governed by a public/private partnership between Columbia Basin Community College, Washington State University, the school districts of Pasco, Kennewick and Richland, and private industry.
  • 280 students at TAF Academy, governed by a public/private partnership between the Federal Way School District and Technology Access Foundation, a private foundation.
  • 140 students at Washington Youth Academy, governed by the National Guard, a federal agency, for students at serious risk of dropping out of high school.
• Dual credit programsallowing high school students to earn college credits:
  • 20,000 students in Running Start, governed by the appointed boards of community colleges, technical colleges, or four-year universities;
  • 19,000 students in College in the High School program, governed by appointed board of community colleges, technical colleges, four-year universities;
  • 2,000 students in Running Start for the Trades, governed by appointed board of community colleges, technical colleges, four-year universities;
  • 579 students in Gateway to College program, governed by appointed boards of community and technical colleges;
  • 24,000 students in Tech Prep courses, governed by federal Office of Vocational and Adult Education;
  • 600 students in Career Link, governed by appointed board of South Seattle Community College;
  • 71,000 students take Advanced Placement courses, designed and controlled by the College Board, a private company;
  • About 11,600 students, an estimate, attend 29 International Baccalaureate schools in Washington. IB is a rigorous college-prep program developed by a private company;
  • Jobs for Graduates—governed by a private non-profit organization.
• Skills Centers , 7,000 vocational students, governed by an administrative council of superintendents.  
• Career and Technical Education (CTE), 357,878 middle and high school students, governed by private advisory boards.This program has a 91 percent graduation rate, exceeding the 77% graduation rate of schools governed by locally elected school boards. 
• Online courses or online schools, 23,000 students, many governed by private companies.
• Tribal Schools, 1,000 students, governed by the Tribes.  

The state supreme court’s decision striking down charter schools reveals the full extent of the court’s lack of knowledge and understanding of how schools and programs are organized in Washington state.  If the court denies the Attorney General’s motion for reconsideration, the only avenue left is for the legislature to fix the voters’ charter school law, and to protect the many schools and programs organized like charter schools.   

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