THE SUPREME COURT OF WASHINGTON

LEAGUE OF WOMEN VOTERS OF

WASHINGTON, a Washington nonpro?t ORDER CHANGING OPINION

corporation; EL CENTRO DE LA RAZA, a AND DENYING FURTHER
Washington nonpro?t corporation; RECONSIDERATION
WASHINGTON ASSOCIATION OF SCHOOL

ADMINISTRATORS, a Washington nonpro?t No. 89714-0
corporation; WASHINGTON EDUCATION

ASSOCIATION, a Washington nonpro?t

corporation; WAYNE AU, on his own .

behalf; PAT BRAMAN, on her own behalf; Filed

DONNA BOYER, on her own behalf and on
behalf of her minor children; and SARAH

Washington State Supreme Court

LUCAS, on her own behalf and on behalf of her NOV 1 20 5
minor children, 
Ronald R. Carpen er
Appellants, Clerk
V.
STATE OF WASHINGTON,
Respondent,
and

WASHINGTON STATE CHARTER SCHOOLS
LEAGUE OF EDUCATION
DUCERE CESAR
CHAVEZ CHARTER INITIATIVE
1240 SPONSOR TANIA DE SA and
MATT ELISARA,

Respondents/Intervenors.



 

(\4/63 \f1ng

Page Two
No. 89714?0

Order Changing Opinion and Denying Further Reconsideration

The Court having considered the following motions: OF 
MOTION FOR MOTION FOR
OF MOTION FOR STAY OF 
MOTION FOR STAY OF and EMERGENCY
CROSS MOTION FOR RELIEF PURSUANT TO RAP and a majority of the Court having
voted in favor of the following result;

Now, therefore, it is hereby

ORDERED:

That the following change be made to the majority opinion of Madsen, C.J., that was filed on

September 4, 2015:

On page 11 of the slip opinion, footnote 10 is deleted in its entirety. The ensuing
footnotes are renumbered accordingly.

That further reconsideration of the above listed motions is denied.

DATED at Olympia, Washington this it    day of November, 2015.

For the Court

    

 

HIEF 

League of Women Voters v. State, NO. 89714?0
Motion for Reconsideration
(Fairhurst, Gonzalez, and Gordon McCloud, JJ., dissenting)

NO. 89714?0

FAIRHURST, GONZALEZ AND GORDON MCCLOUD, JJ. (dissenting)?
We would grant full reconsideration, and we agree with the deletion Of footnote 10

to the majority.

91th tWi/L/hL ,9


1
96mm 

League of Women Voters v. State, No. 89714-0 (Yu, J.)
Dissent to Order on Reconsideration

No. 89714?0
YU, J. (dissenting)??I respectfully dissent from the majority?s decision to

deny the motions for reconsideration and would grant reconsideration solely on the
question of charter school funding and the use of unrestricted funds for such
schools. This court unanimously held that charter schools are not common schools
under our constitution and I believe that is the correct decision under our laws.
However, the State and various amici have raised legitimate questions regarding
the use of unrestricted funds and the power of the legislature to act. These
questions touch upon the impact of our decision on other public, non-common
school programs. Granting reconsideration would provide an opportunity for
appellants to respond to the motions and for this court to clari?r our decision and to
expressly limit our ruling to the case before us so that the legislature can choose to
act, or not, without fear of another constitutional challenge and additional
litigation. We should be open to modifying the language in our decision for the

sake of clarity.

League of Women. Voters v. State, No. 89714?0 (Yu, J.)
Dissent to Order on Reconsideration

I am sensitive to the fact that the question of education for our children
should be resolved expeditiously but not at the expense of allowing uncertainty to

continue when we have the power and ability to act now.

,Qr