"A child's learning is the function more of the characteristics of his classmates than those of the teacher." James Coleman, 1972

Saturday, September 05, 2015

WA First State to Rule Charter Schools Unconstitutional

Taking public money without public oversight has long been a most lucrative corporate welfare scam of the corporate reform school industry. Charter CEOs have always wanted it both ways: they are public when looking to collect from taxpayers to fund their segregated businesses, and they are always private when it comes to demanding total autonomy and zero accountability for the oppressive and abusive conditions that exist in the No Excuses chain gangs.

Yesterday the Washington State Supreme Court said No Mas!
After nearly a year of deliberation, the state Supreme Court ruled 6-3 late Friday afternoon that charter schools are unconstitutional.

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 charter schools that have already enrolled students. . .

1 comment:

  1. Generally, there is no such thing as a "public" charter school. Both existing case law and public policy have long established the logic for the Washington State Supreme Court holding. The California Court of Appeals (2007-01-10) ruled that charter schools are NOT "public agents." The 9th Circuit US Court of Appeals (2010-01-04) ruled that charter schools are NOT "public actors." The National Labor Relations Board joins a host of other government agencies that have unequivocally ruled that that charters are "private entities."

    By definition whether a charter is run by a for-profit firm, or a (501c3) non-profit, then it is not public. The United States Census Bureau frames this issue best: "A few "public charter schools" are run by public universities and municipalities. However, most charter schools are run by private nonprofit organizations and are therefore classified as private." (US Census Bureau. (2011). Public Education Finances: 2009 (GO9-ASPEF). Washington, DC: US Government Printing O ce. Print. vi).

    Because these lucrative charter schools are not public, and are not subject to public oversight, they are able to get away with violating the constitutional rights of their students. The decision in Scott B. v. Board of Trustees of Orange County High School of the Arts saw Rosa K. Hirji, Esq. write: "The structures that allow charter schools to exist are marked by the absence of protections that are traditionally guaranteed by public education, protections that only become apparent and necessary when families and students begin to face a denial of what they were initially promised to be their right." It's time that we shut down the profitable charter school industry and divert our attentions to improving our public schools.