EL CENTRO DE LA RAZA v. STATE

No. 94269-2.

428 P.3d 1143 (2018)

EL CENTRO DE LA RAZA, a Washington Nonprofit Corporation; League of Women Voters of Washington, a Washington Nonprofit Corporation; Washington Association of School Administrators, a Washington Nonprofit Corporation; Washington Education Association, a Washington Nonprofit Corporation; International Union of Operating Engineers 609; Aerospace Machinists Union, IAM&AW DL 751; Washington State Labor Council, AFL-CIO; United Food and Commercial Workers Union 21, Washington Federation of State Employees; American Federation of Teachers Washington; Teamsters Joint Council No. 28; Wayne Au, Ph.D., on His own behalf and on behalf of His Minor Child, Pat Braman, on Her own behalf; and Donna Boyer, on Her own behalf and on behalf of Her Minor Children, Appellants, v. STATE of Washington, Respondent, and Roland D. Bradley, on His own behalf and on behalf of His Minor Child; Gustavo Alejandro Cueva, on His own behalf and on behalf of His Minor Child; Genevieve Fiorino, on Her own behalf and on behalf and on behalf of Her Minor Children; Natalie Hester; Delanas D. Johnson, on His own behalf and on behalf of His Minor Child; Gahyun "Sunny" Lee, on Her own behalf and on behalf of Her Minor Children; Jennifer Diane Lee, on Her own behalf and on behalf of Her Minor Child; Heidi A.R. Mitchell and Scott D. Mitchell, on their own behalf and on behalf of their Minor Child; Eduardo Pacheco, on His own behalf and on behalf of His Minor Child; Darcelina Jean Soloria, on Her own behalf and on behalf of Her Minor Child; Crystal Swaffer, on Her own behalf and on behalf of Her Minor Children; Shirline Shirrell Wilson, on Her own behalf and on behalf of Her Minor Child; Innovation Schools d/b/a Willow Public School; Spokane International Academy; Excel Public Charter Schools; Soar Academy; Pride Prep Public Charter School; Rainier Prep; Green DOT Public Schools Washington Washington State Charter Schools Association, Respondent-Intervenors.

Supreme Court of Washington.

Filed: October 25, 2018.


Attorney(s) appearing for the Case

Paul J. Lawrence , Jessica Anne Skelton , Jamie L. Lisagor , Athanasios P Papailiou , Pacifica Law Group LLP, 1191 2nd Avenue, Suite 2000, Seattle, WA 98101-3404, for Appellants.

Aileen B. Miller , David Alan Stolier , Washington Attorney General's Office, EDU, P.O. Box 40100, Olympia, WA 98504-0100, for Respondent.

Robert M. McKenna , Melanie Phillips , Adam Nolan Tabor , Brian T. Moran , Orrick, Herrington & Sutcliffe LLP, 701 5th Avenue, Suite 5600, Seattle, WA 98104-7045, for Respondent Intervenors.

Jeffrey Iver Tilden , Susannah Christiana Carr , Gordon Tilden Thomas & Cordell LLP, 600 University Street, Suite 2915, Seattle, WA 98101-4172, for Amici Curiae Alliance for Public Charter School, Black Alliance for Educational Options, League of Education Voters.

William Berggren Collins , Attorney at Law, 3905 Lakehills Drive SE, Olympia, WA 98501-4264, for Amici Curiae John S. Archer, Phyllis C. Frank, MS, Jeffrey Vincent.

Gabriel Steven Galanda , Anthony S. Broadman , Ryan David Dreveskraeht , Galanda Broadman, PLLC, 8606 35th Avenue NE, Apt. Lwl, Seattle, WA 98115-3677, for Amici Curiae Black Education Strategy Roundtahle, Wa He Lut Indian School.

Paul Spencer Graves , Attorney at Law, 33505 SE 74th Street, Fall City, WA 98024-6707, for Amici Curiae Rohin Lake, Paul Hill, Daisy Trujillo.

Philip Albert Talmadge , Talmadge/Fitzpatriek/Tribe, 2775 Harbor Avenue SW, Third Floor, Suite C, Seattle, WA 98126-2138, for Amicus Curiae Legislators.

Gregory Mann Miller , Carney Badley Spellman PS, 701 5th Avenue, Suite 3600, Seattle, WA 98104-7010, William P. Bethke , Anthony P. Dyl , Kutz & Bethke LLC, 363 S. Harlan Street, Suite 104, Lakewood, CO 80226, for Amicus Curiae National Association of Charter School Authorizers.

Susannah Christiana Carr , Jeffrey Iver Tilden Gordon Tilden , Thomas & Cordell LLP, 600 University Street, Suite 2915, Seattle, WA 98101-4172, for Amicus Curiae National Center for Special Education in Charter Schools.

Harry J.F. Korrell III , Joseph P. Hoag , Davis Wright Tremaine LLP, 1201 3rd Avenue, Suite 2200, Seattle, WA 98101-3045, for Amicus Curiae Washington Roundtable.


¶ 1 This case concerns the latest constitutional challenge to charter schools in our state. In 2015, this court held the charter school system created by Initiative 1240 (I-1240) (Charter School Act or Act) was unconstitutional primarily due to the funding structure. League of Women Voters...

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