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[92WashLRev0371] The Washington State Constitution and Charter Schools: A General and Uniform Prohibition?

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dc.contributor
dc.contributor.author Gallina, Asti
dc.date.accessioned 2017-04-06T15:08:19Z
dc.date.available 2017-04-06T15:08:19Z
dc.date.issued 2017-03
dc.identifier.citation 92 Wash. L. Rev. 371 (2017) en_US
dc.identifier.issn 0043-0617
dc.identifier.uri http://hdl.handle.net/1773.1/1673
dc.description Volume 92, Number 1, March 2017 en_US
dc.description.abstract Abstract: In its 2015 opinion in Washington League of Women Voters v. State, the Washington State Supreme Court invalidated Initiative 1240—which authorized the creation of charter schools. The Court considered two issues on appeal: (1) that the charter schools unconstitutionally diverted common school funds to non-common schools; and (2) that the charter schools violated article IX, section 2 requiring the legislature to establish a “general and uniform system of common schools.” The Court resolved the case on the common school fund issue and did not reach the “general and uniform” challenge. In its slip opinion, the Court had included a footnote explaining that the charter schools under Initiative 1240 also violated the uniformity of the common school system. After denying the State’s petition for reconsideration, the Court issued an amended opinion omitting the footnote. Thus, the import of the article IX uniformity mandate on charter schools remains unsettled. In response to the Court’s opinion in League of Women Voters invalidating Initiative 1240, the Washington State Legislature passed the Charter Public School Act (the CPSA). The CPSA establishes a system of charter schools outside the common school system. Because the Washington State Supreme Court has not yet considered a challenge to charter schools under the article IX “general and uniform mandate,” it is unclear whether charter schools—which are relatively free from regulation and focused on providing alternative and varied learning experiences—can fit within a general and uniform system of public schools. This Comment argues that the uniformity requirement in article IX, section 2 of the Washington State Constitution requires the legislature to establish a uniform system of laws by which the public schools are administered. Although cases interpreting the article IX uniformity mandate emphasize the substantive uniformity of the schools themselves, the text of the Constitution, the structure of the public school system, and interpretations advanced in other contexts support a procedure-based interpretation. Because a procedurally uniform system does not necessarily require identical schools, this Comment argues that the charter school system established under the CPSA fits within the general and uniform system of public schools. en_US
dc.language.iso en_US en_US
dc.publisher Seattle: Washington Law Review, University of Washington School of Law en_US
dc.subject Comment en_US
dc.title [92WashLRev0371] The Washington State Constitution and Charter Schools: A General and Uniform Prohibition? en_US
dc.title.alternative The Washington State Constitution and Charter Schools: A General and Uniform Prohibition? en_US
dc.type Article en_US
dc.rights.holder Copyright 2017 by Washington Law Review Association. en_US


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