Archives for category: Washington State

Mercedes Schneider reports that the few charters in Washington State intend to stay open with private funding and continue to seek public funding.

A few days ago, the Eashington State Supreme Court ruled 6-3 that charter schools are not entitled to state funding because they are not “common schools,” as defined in the state constitution. They do not have democratic control but are run by private boards.

“Thus, the nine charter schools in Washington State in 2015-16 will almost certainly not be funded using public money. However, as Komo News reports, all nine schools vow that they will remain open this school year by raising the estimated $14 million they need via private donations.

“Note, however, that the intention is that charter schools draw public money and not just survive on private funds. So, these nine charters’ surviving the year on private donations is certainly a short-term fix. The public can watch to see who steps up with the temporary millions– unless the money does not come from a nonprofit– in which case the public might not know who is financing the effort.

“Meanwhile, as Komo News notes, the Washington State Charter Schools Association plans to petition the Washington State Supreme Court to reconsider its ruling (and to perhaps turn to the dissenting opinion of three judges who stated that they agreed that charter schools are not common (i.e., public) schools, but that they should be able to be funded via the general fund.”

Hmmm. Wonder who will put up $14 million? Maybe the same small group of billionaires who put up $17 million to pass the referendum on charters, which passed by about 1%.

Peter Greene has a solution to the Washington State charter school problem. We know that charter advocates are very upset because the National Alliance for Public Charter Schools sent out an “urgent” notice, calling on its allies to write to Washington Governor Jay Inslee and urge him to call the legislature into special session to keep the state’s handful of charter schools open. This doesn’t seem to be a good solution, because neither the governor nor the legislature can override a decision by the state’s highest court, which said that charter schools were unconstitutional because they are not “common schools” controlled by an elected school board. In other words, contrary to the state constitution, they are not public schools and cannot use money designated for public schools.

Peter Greene says there is a simple solution to solve this issue.

Just submit to being overseen by an elected school board.

Act like the public schools you claim to be. Make your finances and operation completely transparent to the public.

And allow yourselves to be overseen by an elected school board instead of a collection of individuals who are not answerable to the voters or the taxpayers.

I mean– what’s more important to you? Providing a strong educational alternative for those 1,200 students, or holding on your ability to do whatever you want without having to answer to the public? Is it so important to you that you not be accountable to the public that you would rather engage in timeconsuming rewrites of state law, or even just close your doors, rather than let yourself submit to transparent and open oversight by a group of citizens elected by the very taxpayers whose money you use to run your school?

Now, here is an amazing bit of prescience.

Parents Across America, the group formed by parents to support public schools, wrote a letter to the state superintendent in 2013 explaining why charters in Washington State are unconstitutional.

Initiative 1240 is unconstitutional, they argued, for the following reasons:

We therefore urge the Office of the State Superintendent of Public Instruction to pursue a legal challenge to I-1240, based on the following grounds:

1. I-1240 would establish a charter school commission comprised of politically appointed members with no election by, or accountability to, the general public. It would allocate authorization and accountability for charter schools to this commission, circumventing state-mandated oversight of our public schools by the Office of Superintendent of Public Instruction and local school boards. (Yet this commission would cost taxpayers an estimated $3 million.)The creation of such a commission would be in violation of state law which requires public oversight of all public schools. (See: Article III, Section 22, Superintendent of Public Instruction, Duties and Salary.“The superintendent of public instruction shall have supervision over all matters pertaining to public schools, and shall perform such specific duties as may be prescribed by law.”)

2. Charter schools would not meet the definition of “common schools.” Since 1909, a “common school” has been defined as “one that is common to all children of proper age and capacity, free, and subject to, and under the control of, the qualified voters, of a school district.” Sch. Dist. No. 20, Spokane County v. Bryan, 51 Wn. 498, 99 P. 28 (1909). The state constitution also mandates a “general and uniform system of public schools.” Instead, Initiative 1240 would create an unequal subset of schools that would be granted exclusive rights and resources not accorded all schools and all children. These schools would be exempt from public oversight, violating state law that requires all public schools to be “common schools” and part of a “uniform system.” Subsequently, if charter schools are not “common,” then they do not qualify for state funding as stipulated in Article IX, Section 2, which states: “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.”

3. Initiative 1240 also violates state law as recognized by the McCleary decision of January 5, 2012 (McCleary v. State of Washington), which maintains that the state has a constitutionally mandated (Article IX, section 1) “paramount duty” to fully fund all of its public schools. I-1240 would divert funding from common schools to specific schools with unique rights, creating inequity, and further diluting already inadequate resources from our public (“common”) schools, which is in violation of this law.

On Friday, the Washington Supreme Court (the highest court in the state) ruled that charters are unconstitutional and the Court’s reasoning echoes the points made two years ago by PAA.

Well done, Parents!

This ruling gives hope to parents all across America, who see charter schools draining funding from their public schools, favoring the privileges of the few over the rights of the many.

Sorry, hedge fund managers!

Here is the decision. Read it for yourself.

This is a big win for parents and public schools.

Mercedes Schneider obtained a copy of the Supreme Court decision in Washington State that found public funding of charters to be unconstitutional.

She analyzes it here.

Washington State’s Supreme Court ruled that charter schools are unconstitutional.

“After nearly a year of deliberation, the state Supreme Court ruled 6-3 late Friday afternoon that charter schools are unconstitutional.

“The ruling overturns the law voters narrowly approved in 2012 allowing publicly funded, but privately operated, schools.

“Eight new charter schools are opening in Washington this fall in addition to one that opened in Seattle last year…

“Chief Justice Barbara Madsen wrote that charter schools aren’t “common schools” because they’re governed by appointed rather than elected boards.

“Therefore “money that is dedicated to common schools is unconstitutionally diverted to charter schools,” Madsen wrote.

“The ruling is a victory for the coalition that filed the suit in July 2013, asking a judge to declare the law unconstitutional for “improperly diverting public-school funds to private organizations that are not subject to local voter control.”

The Background:

The state held four referenda on charters. Voters rejected them three times–in 1996, 2000, and 2004–but in 2012, Bill Gates , Paul Allen, Alice Walton, the Bezos family, and a handful of other billionaires created a fund of more than $10 million (correction by reader: $17 million) to support another charter vote, called I-1240. The billionaires outspent the opposition in the election by 50:1. The measure barely passed by a margin of 1%. Stand for Children stood with the billionaires.

Opponents included:

“The League of Women Voters of Washington opposed the measure, as did the Washington Education Association and the Washington Association of School Administrators. The National Association for the Advancement of Colored People has been opposed to all charter schools since 2010, and, although the National Parent Teacher Association conditionally supports charter schools, the Washington State PTA opposed I-1240 for not meeting “criteria for local oversight.” A variety of Democratic organizations and officials opposed I-1240.”

Something amazing is happening. Parents have discovered that they have the power to bring corporate reform to a halt. They do it by telling their children not to take the test. No test, no data. No data, no punishments for teachers, administrators, schools. Opting out is a vivid demonstration of the power of the powerless.

In Washington State, an unprecedented 48,000 students opted put.

Most of the opt outs were in 11th grade.

Carolyn Leith calls this an “educational uprising.”

If state leaders don’t listen to stents, the uprising will spread.

The highest court in the state of Washington announced that it would fine the state $100,000 per day for failing to comply with a previous order to fund the public schools fully.

“The state’s highest court Thursday delivered a unanimous order sanctioning the state for failing to come up with a plan to fully fund K-12 education per the court’s 2012 McCleary decision. Lawmakers and the governor are meeting Monday to begin work on it….

“The development comes as the state Supreme Court Thursday morning delivered a unanimous order sanctioning the state for failing to come up with a plan to fully fund K-12 education per the court’s 2012 McCleary decision. The court in September held the state in contempt of its decision and threatened sanctions then.

The order requires a fine of $100,000 per day and encourages Inslee to call a special session so that lawmakers can finish their work. The justices want the penalty money to be held in a special account, “for the benefit of basic education,” according to the order. But the fines will be halted if Inslee calls lawmakers into a special session and they succeed in addressing the issues the court raises….

“In their order, justices took issue with lawmakers’ progress over reducing K-3 class-sizes, as well as the lack of a plan by the state to address teacher compensation.

Jonathan Pelto reports a very important story from Washington State. As we have learned to expect, a majority of the students in the state “failed” the Smarter Balanced Assessment. Why?because the testing groups set the “cut score” (passing mark) unrealistically high.

Remarkably, the state board of education lowered the cut score so that most students would be able to graduate.

Pelto writes:

“Yup, you read that correctly, after taxpayers were forced to spend hundreds of millions of dollars developing the Common Core and the Common Core Tests and students and teachers wasted unfathomable amounts of time prepping and taking the tests that were designed to label the vast majority of students as failures, the “lead” state behind the SBAC testing scheme simply threw out results.

“Instead of going with the cut score that was adopted by the SBAC coordinating committee last November, an unfair rating system that was adopted with the support of [Connecticut] Governor Dannel Malloy’s representatives, the Washington State Board of Education choose a new “passing” level , “where about as many kids are expected to pass the exams as passed the state’s previous tests.”

Now, Pelto wonders, what will Connecticut do?

His answer:

“Okay everyone – now would be a good time for Connecticut’s students, parents and teachers to start screaming out of utter frustration and anger!

“And then let’s go get the pitchforks!”

The reality is that no one knows how the cut scores were set, whether they actually predict college and career readiness, or why they were set so high that most students fail in every state.

Washington State officials acknowledged that 53% of high school juniors opted out of the Smarter Balanced Assessment. Yesterday early estimates predicted the number was 27-28%. Obviously a gross underestimate.

Participation rates in 3-8 were high.