Parents, state file motions to intervene in charter school lawsuit

Twelve families, representing Washington’s eight public charter schools – including Excel Public Charter School in Kent – as well the Washington State Charter Schools Association, filed a collective motion last week to intervene in a recently filed lawsuit challenging the constitutionality of the schools.

Washington Attorney General Bob Ferguson also a filed a motion on the state’s behalf last week to dismiss two of plaintiffs’ core arguments in the suit.

Several organizations and individuals, including El Centro de la Raza, the League of Women Voters of Washington, the Washington Association of School Administrators and the Washington Education Association, filed the lawsuit against the state in King County Superior Court on Aug. 3.

The Legislature this spring passed the Charter School Act to fund the schools through the Opportunity Pathways Account, which contains state lottery revenues not restricted to common schools after the state Supreme Court declared the charter schools – approved by voters in 2012 – unconstitutional and ineligible for common school funding.

The lawsuit claims the legislative fix doesn’t go far enough to make the charters legal under state law.

Excel, which serves sixth- through eighth-graders, began its second school year Aug. 22. Roland Bradley, whose grandson Ben attends Excel Public Charter School student, is among the 12 families who filed the motion, represented by Orrick law firm in Seattle.

“We are proud of how hard we fought during the legislative session to save our schools, and we are ready to keep fighting,” Shirline Wilson, whose son attending Rainier Prep Seattle, said in a media release from the Washington State Charter Schools Association. “We will not be intimidated by lawsuits. Families like mine are more determined than ever to standup not only for children’s right to a quality public education, but for the rights of all Washington families.”

According to the motion filed by Ferguson, the lawsuit is an attempt to tie charter public schools to the state’s underfunding of basic public education, which is a separate matter under active supervision by the state Supreme Court, and an attack on operation of charter public schools last academic year.

After charter schools were ruled unconstitutional last year, several including Excel, operated as Alternate Learning Experiences (ALEs). The lawsuit argues that charter schools do not qualify as ALEs.

Intervenors also filed a motion to dismiss all of the organizational plaintiffs – including the Washington Education Association, the League of Women Voters and El Centro De La Raza – named in the lawsuit. The motion was filed on the grounds that the advocacy organizations are attempting to rehash policy arguments in a courtroom, according to the Charter Schools Association’s media release .

“It is irrefutable that Washington’s charter public schools are working and are a key part of Washington’s future. They are providing innovative, personalized, and high-quality educational opportunities to students who frequently were left behind and limited by the traditional system,” Thomas Franta, CEO of the Washington State Charter Schools Association, said in the release. “Shutting down our state’s tremendous progress is not what is best for kids. This baseless lawsuit aimed at intimidating and bullying hardworking families from choosing the best educational option for their children is a despicable and cynical move.”

Charter schools have made a quantifiable difference in the lives of hundreds of Washington families, particularly in historically under-resourced and under-served communities, according to the Charter Schools Association.

More than 67 percent of charter public school students in Washington are students of color, compared to 43 percent of non-charter public school students statewide. Approximately two-thirds of charter public school students qualify for free or reduced-price school meals.