Friday, September 4, 2015

Washington State courts find charter schools unconstitutional

You can read about this late Friday decision here:

Or read the actual decision here:

A few important things to note: 
1. This is under the Washington STATE Constitution (thus does not apply beyond).
2. The decision hinges on the question of what is a "common school" (as the language goes in their Constitution).
3. The court found that a "common school" required LOCAL authority (to at least an extent), based on their earlier (state) Bryan* decision.
4. That argument could perhaps be made on the Massachusetts Constitutional language of "legislatures and magistrates," which have, in the past, been found by the court to mean both state and local authority.

*to quote the court's decision on this:
a common school, within the meaning of our constitution, is 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 the school district. The complete control of the schools is a most important feature, for it carries with it the right of the voters, through their chosen agents, to select qualified teachers, with powers to discharge them if they are incompetent. 

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