El Centro De La Raza v. State

• Citation: 428 P.3d 1143
• Decision Date: 25 October 2018
• Docket Number: No. 94269-2,94269-2
• Court: United States State Supreme Court of Washington
• Parties: 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.

428 P.3d 1143

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,andRoland 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.

No. 94269-2

Supreme Court of Washington.

Oral Argument Date: May 17, 2018

Filed: OCTOBER 25, 2018

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.

YU, J.

¶ 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 of Wash. v . State, 184 Wash.2d 393, 413, 355 P.3d 1131 (2015). The following year, the legislature adopted a modified version of the Charter School Act that attempted to cure its constitutional deficiencies. LAWS OF 2016, ch. 241.

¶ 2 At the outset, we are aware of the deep-seated conflicting opinions regarding charter schools. While each side of the discussion may have legitimate points of view, it is not the province of this court to express favor or disfavor of the legislature’s policy decision to create charter schools. Rather, our limited role is to determine whether the enacted legislation complies with the requirements of our state constitution. We conclude that its only unconstitutional provision is severable, and thus we affirm the trial court in part and hold that the remainder of the Charter School Act is constitutional on its face.

FACTUAL AND PROCEDURAL BACKGROUND

¶ 3 In 2012, Washington voters approved I-1240, codified at chapter 28A.710 RCW, which created a public charter school system. LAWS OF 2013, ch. 2. In League of Women Voters, this court held that I-1240 violated article IX, section 2 of the Washington Constitution. 184 Wash.2d at 413, 355 P.3d 1131. We concluded that I-1240 incorrectly designated charter schools as common schools and then impermissibly supported them with money allocated for common schools. Id. at 406-07, 355 P.3d 1131. Because the unconstitutional provisions of I-1240 were not severable, the court did not reach the other challenges raised by the plaintiffs. Id. at 413, 355 P.3d 1131.

¶ 4 In 2016, the legislature enacted the Charter School Act with amendments designed to cure its constitutional defects. LAWS OF 2016, ch. 241. The Act provides for the establishment of up to 40 charter schools, which are designated as public schools that are open to all children for free "as an alternative to traditional common schools." RCW 28A.710.150(1), .020(1)(b).

¶ 5 Plaintiffs¹ brought suit in King County Superior Court, seeking a declaratory judgment that the Act is facially unconstitutional. A number of charter school supporters joined the suit as intervenor-respondents.² On cross motions for summary judgment, the trial court concluded that the Act did not on its face violate the Washington Constitution.³ Clerk’s Papers (CP) at 3744-69. Plaintiffs sought direct review from this court pursuant to RAP 4.2(a), and we granted review. We accepted seven amicus briefs supporting the State and intervenor-respondents.

ISSUES⁴

A. Whether the Act violates article IX, section 2 ’s "general and uniform" requirement?

B. Whether the Act violates article III, section 22 by delegating the superintendent’s supervisory role to the charter school commission?

C. Whether the Act violates article IX, section 2 by diverting restricted state funds to support charter schools?

D. Whether the Act violates article II, section 37 by revising the state collective bargaining laws and the Basic Education Act of 1977, RCW 28A.150.200, without setting forth those revisions and amendments in full?

ANALYSIS

¶ 6 The Charter School Act represents a policy choice by the legislature to make charter schools available to Washington students. We have previously recognized that the legislature "provide[s] the best forum for addressing the difficult policy questions inherent in forming the details of an education system." McCleary v . State , 173 Wash.2d 477, 517, 269 P.3d 227 (2012). While the appellants may disagree with the legislature’s policy decision in this instance, our review is limited to whether the Act violates the state constitution.

¶ 7 This case involves issues of statutory construction and constitutional questions, and thus the standard of review is de novo. City of Redmond v . Moore, 151 Wash.2d 664, 668, 91 P.3d 875 (2004). We look at the issues as if for the first time and therefore show no deference to the trial court’s decision.

A. The Act does not violate article IX, section 2 ’s general and uniform system of public schools

¶ 8 Article IX, section 2 of the Washington Constitution sets the framework for the state’s public school system. It states in relevant part:

The legislature shall provide for a general and uniform system of public schools. The public school system shall include common schools, and such high schools, normal schools, and technical schools as may hereafter be established.

CONST . art. IX, § 2. Accordingly, the constitution requires the legislature to provide a general and uniform system of public schools that includes common schools. However, as we have previously held, the system is not limited to common schools because "art. [IX], § 2 provides for something considerably more extensive." Seattle Sch. Dist. No. 1 v . State, 90 Wash.2d 476, 522, 585 P.2d 71 (1978). It also authorizes, but does not require, the legislature to create non-common-schools, such as high schools, normal schools,⁵ or technical schools. At issue in this case is whether this provision in article IX, section 2 places any restrictions on the legislature’s power to create non-common-schools.

¶ 9 Appellants argue this constitutional provision has two relevant limitations that the Act violates. First, they claim article IX, section 2 empowers the legislature to create only non-common public schools similar to those enumerated in the provision (high schools, normal schools, or technical schools). Because charter schools are not similar to the type of schools on the list, appellants reason the legislature does not have the authority to establish them. Second, appellants...