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Washington Initiative 1240, Authorize Charter Schools Measure (2012)
| Washington Initiative 1240 | |
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| Election date |
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| Topic Public education governance and School choice policy |
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| Status |
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| Type Initiated state statute |
Origin |
Washington Initiative 1240 was on the ballot as an initiated state statute in Washington on November 6, 2012. It was approved.
A "yes" vote supported authorizing up to 40 public charter schools in Washington over five years, operated by nonprofit organizations under contracts with either a new state charter school commission or local school boards. |
A "no" vote opposed authorizing up to 40 public charter schools in Washington over five years, operated by nonprofit organizations under contracts with either a new state charter school commission or local school boards. |
Aftermath
League of Women Voters of Washington v. State of Washington
On September 4, 2015, the Washington Supreme Court ruled that Initiative 1240 violated Article IX, Section 2 of the Washington Constitution. Section 2 required that "revenue derived from the common school fund and the state tax for common schools" be used to support common schools. Although Initiative 1240 defined charter schools as common schools, the Supreme Court held that common schools must be "under the control of the qualified voters of the school district." The court found that although Initiative 1240 described charter schools as common schools in state law, charter schools could not be considered common schools under the state constitution and therefore could not receive funding from the common school fund. The court's order stated, "In sum, without funding, charter schools are not viable. Nor can it be believed that voters would have approved the Charter School Act without its funding mechanism."[1]
Chief Justice Barbara Madsen wrote, "Bryan established the rule that a common school, within the meaning of our constitution, is one that is common to all children of proper age and capacity, free, and subject to and under the control of the qualified voters of the school district. The complete control of the schools is a most important feature, for it carries with it the right of the voters, through their chosen agents, to select qualified teachers, with powers to discharge them if they are incompetent. Here, because charter schools under I-1240 are run by an appointed board or nonprofit organization and thus are not subject to local voter control, they cannot qualify as 'common schools' within the meaning of article IX."
Justice Mary Fairhurst dissented and concurred in part. She wrote, "I agree that charter schools are not common schools. But because nothing in the Act expressly requires the use of restricted funds, the Act is facially valid. Since charter schools may be constitutionally funded with unrestricted monies from the general fund, I concur in part and dissent in part."
Senate Bill 6194 (2016)
Following League of Women Voters of Washington v. State of Washington, the Washington State Legislature passed Senate Bill 6194 (SB 6194), which changed the funding source for charter schools. Under SB 6194, charter schools received funding from the Washington Opportunity Pathways Account, funded by state lottery revenues. SB 6194 had the effect of re-enacting and amending Initiative 1240.[2]
Election results
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Washington Initiative 1240 |
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| Result | Votes | Percentage | ||
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1,525,807 | 50.69% | ||
| No | 1,484,125 | 49.31% | ||
Text of measure
Ballot title
The ballot title for Initiative 1240 was as follows:
| “ | Initiative Measure No. 1240 concerns creation of a public charter school system. This measure would authorize up to forty publicly-funded charter schools open to all students, operated through approved, nonreligious, nonprofit organizations, with government oversight; and modify certain laws applicable to them as public schools. Should this measure be enacted into law? [ ] Yes [ ] No | ” |
Full Text
The full text of this measure is available here.
Path to the ballot
In Washington, proponents needed to collect a number of signatures for an Initiative to the People.
See also
External links
Footnotes
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State of Washington Olympia (capital) |
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