On 9/6/15, Miriam Vieni <miriamvieni@optonline.net> wrote:
>
> Higgins writes: "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.'"
>
> Employees of Washington Commercial Painters retouch the interior at the
> Summit Sierra charter school in Seattle after hours Friday. After nearly a
> year of deliberation, the state Supreme Court ruled late Friday afternoon
> that charter schools are not constitutional. (photo: Sy Bean/The Seattle
> Times)
>
>
> Washington State Supreme Court: Charter Schools Are Unconstitutional
> By John Higgins, The Seattle Times
> 06 September 15
>
> After nearly a year of deliberation, the state Supreme Court ruled late
> Friday afternoon that charter schools are not constitutional.
>
> After nearly a year of deliberation, the state Supreme Court ruled 6-3 late
> Friday afternoon that charter schools are unconstitutional, creating chaos
> for hundreds of families whose children have already started classes.
> The ruling — believed to be one of the first of its kind in the country —
> 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.
> It was not immediately known what would happen with the schools that are
> already running. The parties have 20 days to ask the court for
> reconsideration before the ruling becomes final.
> In Seattle, Summit Sierra, a new college-prep high school, opened Aug. 17
> in
> the Chinatown International District with its inaugural freshman class of
> 130.
> "We will absolutely be here ready for kids on Tuesday," said Executive
> Director Malia Burns.
> School also started Aug. 17 at SOAR Academy and Summit: Olympus in Tacoma.
> Excel Public Charter School in Kent began Aug. 20, and Destiny Charter
> Middle School in Tacoma opened Aug. 24. Rainier Prep's first day of class
> was Tuesday.
> PRIDE Prep and Spokane International Academy in the Spokane area opened
> last
> month.
> In the ruling, 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.
> Justice Mary E. Fairhurst agreed with the majority that charter schools
> aren't common schools, but argued in a partial dissenting opinion that the
> state "can constitutionally support charter schools through the general
> fund."
> She was joined by Justices Steven C. González and Sheryl Gordon McCloud.
> Charter schools, at a glance
> Where are they? Three in the Seattle area, three in Tacoma, two in Spokane.
> Are they full? Yes. All eight new charter schools report they have filled
> their available seats, usually with lotteries.
> How many charter schools would have been allowed in the state? Under the
> 2012 law, up to 40 new charter schools could have opened in Washington over
> a five-year period.
> 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 Washington Education Association was joined by the League of Women
> Voters of Washington, El Centro de la Raza, the Washington Association of
> School Administrators and several individual plaintiffs.
> "The Supreme Court has affirmed what we've said all along — charter schools
> steal money from our existing classrooms, and voters have no say in how
> these charter schools spend taxpayer funding," said Kim Mead, president of
> the Washington Education Association.
> "To tell you the truth, I cried. It's been a long hard fight," said Melissa
> Westbrook, an education blogger who chaired the campaign opposing the
> charter-school law in 2012.
> Joshua Halsey, executive director of the state charter-school commission,
> criticized the court's timing.
> "The court had this case in front of them since last October and waiting
> until students were attending public charter schools to issue their ruling
> is unconscionable," Halsey said. "We are most concerned about the almost
> 1,000 students and families attending charter schools and making sure they
> understand what this ruling means regarding their public-school educational
> options."
> The state Attorney General's Office said attorneys are reviewing the
> decision, but had no comment Friday.
> David Postman, communications director for Gov. Jay Inslee, said the
> governor's office is reviewing the court's decision and will consult with
> the Attorney General's Office.
> "But until we have a thorough analysis, we can't say what that means for
> schools operating today," Postman said.
> Under the 2012 law, up to 40 new charter schools could have opened in
> Washington over a five-year period.
> In December 2013, King County Superior Court Judge Jean Rietschel struck
> down the part of the law that would have made charter schools eligible for
> state construction money, but essentially cleared the way for the state
> commission and the Spokane school district to authorize new schools.
> Spokane
> is the only school district with such authority.
> All sides expected the case to reach the Supreme Court, which heard oral
> arguments last October.
> Washington State Charter School Commission Chair Steve Sundquist said that
> commissioners anticipated a range of possible outcomes affecting funding,
> but didn't draw up a plan to deal with a complete reversal.
> "We were not expecting a ruling as deeply disappointing as this one,"
> Sundquist said.
> He said the commission's lawyer in the Attorney General's Office will be
> meeting Saturday morning with other attorneys to discuss options.
> The attorney for the plaintiffs, Paul Lawrence, doesn't think there's much
> more legal work to do on the issue. But he acknowledged that much has to be
> sorted out regarding the nine charter schools that are already up and
> running.
> "The bottom line is that the initiative is unconstitutional so the charter
> schools that were authorized under the charter-school initiative can't be
> publicly funded," Lawrence said. "If there's any avenue, it's going to be
> through some act of the Legislature."
> That's what happened in Georgia.
> In 2011, the Georgia Supreme Court struck down a 2008 law that created a
> state commission to authorize charter schools, which have been legal in the
> state since 1993.
> The decision didn't affect the vast majority of Georgia's charter schools,
> according to the Georgia Charter Schools Association. In 2012, voters
> approved a constitutional amendment that reinstated the state commission.
> Tom Franta, leader of the Washington State Charter Schools Association
> advocacy group, said he was waiting to hear back from the nonprofit's
> attorney to find out what happens next.
> "We haven't had a chance to debrief the opinion with attorneys, with what
> does happen next with the schools that are open," he said.
> Rep. Chad Magendanz, R-Issaquah, and ranking member on the House Education
> Committee, said he was stunned by the decision.
> "I'm shocked. I'm worried about the political aspects about this,"
> Magendanz
> said. "The court is becoming too much of 'a political animal,' " said
> Magendanz, a charter-school supporter.
>
> Error! Hyperlink reference not valid. Error! Hyperlink reference not
> valid.
>
> Employees of Washington Commercial Painters retouch the interior at the
> Summit Sierra charter school in Seattle after hours Friday. After nearly a
> year of deliberation, the state Supreme Court ruled late Friday afternoon
> that charter schools are not constitutional. (photo: Sy Bean/The Seattle
> Times)
> http://www.seattletimes.com/seattle-news/education/state-supreme-court-chart
> er-schools-are-unconstitutional/http://www.seattletimes.com/seattle-news/edu
> cation/state-supreme-court-charter-schools-are-unconstitutional/
> Washington State Supreme Court: Charter Schools Are Unconstitutional
> By John Higgins, The Seattle Times
> 06 September 15
> After nearly a year of deliberation, the state Supreme Court ruled late
> Friday afternoon that charter schools are not constitutional.
> fter nearly a year of deliberation, the state Supreme Court ruled 6-3 late
> Friday afternoon that charter schools are unconstitutional, creating chaos
> for hundreds of families whose children have already started classes.
> The ruling — believed to be one of the first of its kind in the country —
> 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.
> It was not immediately known what would happen with the schools that are
> already running. The parties have 20 days to ask the court for
> reconsideration before the ruling becomes final.
> In Seattle, Summit Sierra, a new college-prep high school, opened Aug. 17
> in
> the Chinatown International District with its inaugural freshman class of
> 130.
> "We will absolutely be here ready for kids on Tuesday," said Executive
> Director Malia Burns.
> School also started Aug. 17 at SOAR Academy and Summit: Olympus in Tacoma.
> Excel Public Charter School in Kent began Aug. 20, and Destiny Charter
> Middle School in Tacoma opened Aug. 24. Rainier Prep's first day of class
> was Tuesday.
> PRIDE Prep and Spokane International Academy in the Spokane area opened
> last
> month.
> In the ruling, 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.
> Justice Mary E. Fairhurst agreed with the majority that charter schools
> aren't common schools, but argued in a partial dissenting opinion that the
> state "can constitutionally support charter schools through the general
> fund."
> She was joined by Justices Steven C. González and Sheryl Gordon McCloud.
> Charter schools, at a glance
> Where are they? Three in the Seattle area, three in Tacoma, two in Spokane.
> Are they full? Yes. All eight new charter schools report they have filled
> their available seats, usually with lotteries.
> How many charter schools would have been allowed in the state? Under the
> 2012 law, up to 40 new charter schools could have opened in Washington over
> a five-year period.
> 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 Washington Education Association was joined by the League of Women
> Voters of Washington, El Centro de la Raza, the Washington Association of
> School Administrators and several individual plaintiffs.
> "The Supreme Court has affirmed what we've said all along — charter schools
> steal money from our existing classrooms, and voters have no say in how
> these charter schools spend taxpayer funding," said Kim Mead, president of
> the Washington Education Association.
> "To tell you the truth, I cried. It's been a long hard fight," said Melissa
> Westbrook, an education blogger who chaired the campaign opposing the
> charter-school law in 2012.
> Joshua Halsey, executive director of the state charter-school commission,
> criticized the court's timing.
> "The court had this case in front of them since last October and waiting
> until students were attending public charter schools to issue their ruling
> is unconscionable," Halsey said. "We are most concerned about the almost
> 1,000 students and families attending charter schools and making sure they
> understand what this ruling means regarding their public-school educational
> options."
> The state Attorney General's Office said attorneys are reviewing the
> decision, but had no comment Friday.
> David Postman, communications director for Gov. Jay Inslee, said the
> governor's office is reviewing the court's decision and will consult with
> the Attorney General's Office.
> "But until we have a thorough analysis, we can't say what that means for
> schools operating today," Postman said.
> Under the 2012 law, up to 40 new charter schools could have opened in
> Washington over a five-year period.
> In December 2013, King County Superior Court Judge Jean Rietschel struck
> down the part of the law that would have made charter schools eligible for
> state construction money, but essentially cleared the way for the state
> commission and the Spokane school district to authorize new schools.
> Spokane
> is the only school district with such authority.
> All sides expected the case to reach the Supreme Court, which heard oral
> arguments last October.
> Washington State Charter School Commission Chair Steve Sundquist said that
> commissioners anticipated a range of possible outcomes affecting funding,
> but didn't draw up a plan to deal with a complete reversal.
> "We were not expecting a ruling as deeply disappointing as this one,"
> Sundquist said.
> He said the commission's lawyer in the Attorney General's Office will be
> meeting Saturday morning with other attorneys to discuss options.
> The attorney for the plaintiffs, Paul Lawrence, doesn't think there's much
> more legal work to do on the issue. But he acknowledged that much has to be
> sorted out regarding the nine charter schools that are already up and
> running.
> "The bottom line is that the initiative is unconstitutional so the charter
> schools that were authorized under the charter-school initiative can't be
> publicly funded," Lawrence said. "If there's any avenue, it's going to be
> through some act of the Legislature."
> That's what happened in Georgia.
> In 2011, the Georgia Supreme Court struck down a 2008 law that created a
> state commission to authorize charter schools, which have been legal in the
> state since 1993.
> The decision didn't affect the vast majority of Georgia's charter schools,
> according to the Georgia Charter Schools Association. In 2012, voters
> approved a constitutional amendment that reinstated the state commission.
> Tom Franta, leader of the Washington State Charter Schools Association
> advocacy group, said he was waiting to hear back from the nonprofit's
> attorney to find out what happens next.
> "We haven't had a chance to debrief the opinion with attorneys, with what
> does happen next with the schools that are open," he said.
> Rep. Chad Magendanz, R-Issaquah, and ranking member on the House Education
> Committee, said he was stunned by the decision.
> "I'm shocked. I'm worried about the political aspects about this,"
> Magendanz
> said. "The court is becoming too much of 'a political animal,' " said
> Magendanz, a charter-school supporter.
> http://e-max.it/posizionamento-siti-web/socialize
> http://e-max.it/posizionamento-siti-web/socialize
>
>
>
Looking back through the Fog of Time, I can't say exactly what it was
that caught my fancy about Charter Schools. I think I believed that
our current system had become so overloaded with rules and regulations
that the education of our children was becoming meaningless.
Certainly the existing Public Education was failing large numbers of
children. Perhaps a Charter School could be so innovative that all
enrolled students would be better prepared to take up their adult
roles.
But as time passed, I realized that Charter Schools were not being
established for the purpose of a broader education, but were being set
in place to break the back of the national teachers organization and
move control of education's direction from the hands of educators, and
hand it over to Corporate CEO's. Once again the Public was lulled
into believing that the Private Sector could deliver better quality
and more efficient services. How many times can the Public swallow
the same bitter pill before it realizes that it just ain't true.
Here's a novel idea. Let's return to our Public Education formula.
But instead of cutting budgets and cramming more students into
ancient, substandard facilities, and instead of crippling those school
districts that cannot raise enough additional tax dollars to provide
proper education, let's invest in our children as if they were our
very future. And by God, they are! The very private corporations
that bribe our congress to underwrite the development and production
of new, state of the art weapons, are the same corporations that pooh
pooh the idea that spending more money on educating our children will
benefit the nation. How come these Fat Cats can have it both ways?
Their children are being educated in posh facilities with top of the
line equipment and teachers. And it ain't cheap.
So let's move the Wealthy folks model across to the Central School
Districts and to the Poor Rural Districts. A national program to
build schools that match the private schools of the rich. Small
classes, state of the art equipment, and teacher's aids to assist in
the children's learning. We might also take a closer look at what
it is we're teaching. Are we preparing our children to take their
place in the adult society? Or are we simply preparing them to enter
the work force.
All education must be provided free. That is, free to children, at
the nation's expense. No extras for those kids living in the gated
communities. Same quality education across the board. Let the super
rich send their youngsters off to France or England's finishing
schools. As long as a child can make the grades, he/she should be
encouraged to go as far as possible in their education.
We are allowing our future generations to be dummied down, to serve
the Expansionism of the American Empire. Mindless little robots,
playing their increasingly violent video games, learning to be
efficient killers, not decent family members. If we have any decency
left, we must stop the Empire's corruption and exploitation of our
children.
Carl Jarvis
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