If you read the Washington State Supreme Court ruling on I-1240, the ballot proposition that brought charter schools to the state after three prior failed attempts, you’ll see that the justices carefully framed their reasoning for rejecting the “public” status of charter schools on precedents dating back 100 years.
In particular, Bryan was a particularly meaningful decision that the justices felt had great bearing on their finding that charter schools are not “common schools” (the state constitution’s term for public schools). As neither of us have legal expertise, Prof. Au and I only touch on this briefly, but we do discuss the impact on charter operators and set this lawsuit in the context of some of the larger context of the battles pro-public education advocates have been fighting in Washington state.
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