By Ashleigh Costello
EAGnews.org

OLYMPIA, Wash. – Washington’s new law approving charter schools may be put on hold as the head of the state’s public school system raises concerns over the law’s constitutionality.

Superintendent of Public Instruction Randy Dorn has announced plans to challenge the legality of Initiative 1240, the recently passed ballot measure that would allow for up to forty publicly-funded charter schools over the next five years, reports the Herald Net.

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Dorn claims the initiative, which establishes the Washington State Charter School Commission, is unconstitutional because it serves to circumvent his office.

The commission will have the authority to approve publicly funded charter schools and once established, will write its own rules and be run out of the governor’s office.

Dorn argues that enabling the commission to bypass his office and approve the creation of a charter school with public funds is counter to Washington’s constitution, which says the superintendent of public instruction “shall have supervision over all matters pertaining to public schools,” reports the Herald Net.

“I believe the initiative is flawed because it goes around the constitution,” Dorn said. “I do not believe the superintendent of public instruction would have a role in the constituting of a charter school or decommissioning of a charter school.”

Dorn’s spokesman, Nathan Olson, said Dorn has contacted the Attorney General’s Office to see if there are any legal grounds to support his concerns.

“Unless the AG’s office has legal objections to it, Randy’s desire is to challenge the initiative’s constitutionality,” Olson said.

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The hotly contested ballot proposal was passed by a narrow majority in the November general election, with 51 percent of voters supporting the creation of charter schools. Washington voters previously rejected charter school initiatives in 1996, 2000, and 2004. The victory will make Washington the 42nd state to have a charter school law.

Chris Korsmo, chief executive officer of the League of Education Voters in Seattle, one of the groups behind the initiative, said plenty of people have already shown interest in starting a charter school or lending technical assistance.

“Things are going as they should be,” said Korsmo. “It is exciting. Winning this is exciting. Bringing new opportunity to kids is amazing.”