A common school
Relying on a 19th century concept of public education and a legal precedent from the early 20th century, the Washington State Supreme Court on Friday struck down one of the country's newest charter school laws.
The League of Women Voters v. State ruling clouds the futures of nearly 1,200 students in nine charter schools, and could cast doubt on other educational programs. But it also raises a question that should resonate beyond the Evergreen State: Can archaic legal concepts stymie a 21st-century education system?
The court's 6-3 majority relied on three-step reasoning. First, Washington's state constitution restricts some state funding to the support of "common schools" only. Second, charter schools are not common schools, a definition drawn from a 106-year-old legal precedent. Third, the state's funding system risks giving charter schools some of the "common schools" money they're barred from receiving, since the state hasn't segregated the common school fund from the general fund since 1967.
When the Washington Supreme Court decided District No. 20 v. Bryan in 1909, the state was home to more than 2,800 public schools (132 of them in log cabins) spread across 2,710 school districts. At the time the court held common schools were "subject to and under the control of the qualified voters of the school district." All nine justices agreed last week that charters authorized by the state — a concept voters approved in 2012 — were not common schools.
The idea of common schools traces to the 1830s, when Horace Mann envisioned a form of free primary schools that would be tasked with teaching students reading, writing and arithmetic.
The term appears in Article IX, Section 2 of Washington's state constitution:
The public school system shall include common schools, and such high schools, normal schools, and technical schools as may hereafter be established. But the entire revenue derived from the common school fund and the state tax for common schools shall be exclusively applied to the support of the common schools.
Washington officials have long struggled to reconcile a modern public education system with a concept that may have been envisioned under the dim light of a whale-oil lamp. The Washington State Attorney's General Office warned antiquated definitions of the "common school" did not include high schools (along with vocational education and teacher training colleges), as these schools were referred to as separate from the "common school" in Article IX, Section 2.
Alabama: Applications for the state's new tax credit scholarship program are now open (Alabama Opportunity Scholarship Fund, WTVY)
Arizona: Three charter schools will be shut down for poor performance (Arizona Business Journal).
California: The L.A. metro area has the largest number of students attending charter schools in the nation (LA School Report). Charter school growth booms in L.A. and San Diego (San Diego Union Tribune).
Georgia: NPR asks "what is school choice?" (WABE). Hall County ranks No. 1 in the nation for charter school enrollment growth (Access North Georgia). Charter school enrollment grows in the state as more schools request permission to convert to charters (Atlanta Journal Constitution).
Florida: If Catholic schools were a district, they'd be the 9th largest in the state (redefinED). 80,000 students attend charter schools in Miami-Dade, making it the 6th largest (numerically) metro charter area in the nation (Miami Herald). A virtual charter school is approved to set up shop in Pinellas County (Tampa Bay Tribune). Across the bay in Hillsborough, a school board votes down a charter school request by MacDill Air Force Base (redefinED). The number of students using "opportunity scholarships" to leave poor-performing schools doubles in Duval County (Florida Times Union). Florida Virtual School offers students flexibility (Townhall.com).
Indiana: Gov. Mike Pence wants vouchers for pre-k students (Indianapolis Star, Greenfield Reporter). Pence thinks charter school networks should be allowed to operate more like school districts (Courier-Journal). Public school districts will have to hold lotteries for public school choice if demand exceeds supply (Education Week). Gary ranks 5th in the nation for charter school enrollment (Post Tribune).
Louisiana: The Louisiana Association of Business and Industry is the most influential organization on education reform, according to a Brookings Institute study (Times Picayune). New Orleans has the largest percentage of students attending charter schools of any city in the nation...for 8 years in a row (Times Picayune). (more…)
Florida: A failing charter school cuts its principal a $500,000 check as it was closing its doors (Orlando Sentinel). Charter school supporters are also angered (redefinED).
Louisiana: State Superintendent John White is accused of lying to lawmakers about the state's new voucher program (theadvertiser.com). White is also summoned to court in a lawsuit filed by a school district that says the voucher program will interfere with its ability to comply with court-ordered desegregation orders (Associated Press). Debate ensues over whether proposed rules are stringent enough for schools wanting to participate in the program (Shreveport Times).
California: A record-setting 109 new charter schools opened in the state this year, lifting the total number of charter schools to 1,065 and enrollment to 484,000 (Associated Press).
Washington D.C.: Enrollment is up 1 percent in the district's traditional schools, and 11 percent in its charters (Associated Press).
Washington: A former charter school opponent is now a leading supporter of the state's charter ballot initiative (Seattle Times). School choice is a leading issue in a debate between state senate candidates (Tacoma News Tribune). (more…)
Editor’s note: Washington state is one of only nine states that don’t have charter schools. But voters can change that in November if they approve Initiative 1240, which will allow up to 40 charters statewide over five years. Chris Eide, who heads a Seattle-based ed reform group called Teachers United, tells redefinED in this emailed Q&A that it’s the students who struggle the most who will benefit if voters say yes.
This is the fourth time Washington voters will go to the polls to vote on charter schools. They said no the first three times. Why will this time be different?
The last time voters looked at the option of charter schools in our state was eight years ago. Over that time, we have been unable to significantly address the needs of our struggling students. Moreover, the families of those students are often without high-quality options that can adapt to and address the needs of their children. Additionally, over the past eight years, high-performing charter schools across the country have demonstrated success for struggling students. Families in 41 other states have this option now, and Washington voters are faced with an easy decision to help struggling students.
Why does Washington state need charter schools?
Like other states, Washington has had a difficult time addressing the needs of struggling students. In some schools, nearly 40 percent of students are dropping out and far too many who do graduate are not prepared for college or their career. Public charter schools would be an option that will allow those students and families to attend a school that might better address their needs. If we hope to have more of our students graduating high school prepared for life after K-12, we are going to need all of the high-quality options that we can get.
You pointed out in a recent Seattle Times column that Initiative 1240 will only allow high-performing charters. How is that defined? And why did you stress that distinction? (more…)
Colorado: Former Florida Gov. Jeb Bush lays out his education reform formula, with expanded school choice a key plank. (Education News Colorado)
Pennsylvania: Hundreds of Catholic school students in Philadelphia rally for a voucher bill. (CBS Philly)
Michigan: State lawmakers consider funding cyber schools on performance rather than enrollment. (MLive.com)
Washington: Expanded school choice in the form of charter schools - Washington is one of the few states without any - is an issue in the governor's race. (Seattle Times) (more…)
