Charter School Jurisprudence and the Democratic Ideal

This note will explore the implications of recent charter school legislation. The Washington Supreme Court recently held, in League of Women Voters of Washington et al v. State, that charter schools are not “common schools,” and therefore, state funds designated for “common schools” can’t be applied towards supporting charter schools. Part I provides background on the development of charter schools and describes the Washington Supreme Court’s decision in League of Women Voters, particularly the Court’s reliance on its 1909 interpretation of the Washington constitution’s “common schools” principle in School District No. 20 v. Bryan. Part II argues that evolving views of school governance necessitate a reading of the Bryan requirements that is more sensitive to the democratic ideals of participation, deliberation, and accountability underlying Bryan. Allowing the League of Women Voters interpretation of Bryan as the only appropriate means of voter control of public schools would have harmful and far-reaching effects not contemplated by the Bryan court on public schools across the United States. Part III addresses whether a system of state-authorized charter schools can achieve the democratic ideal and considers one possible solution.