A coalition led by the League of Women Voters, El Centro de la Raza, the Washington Association of School Administrators, and the Washington Education Association, has filed a complaint (pdf) in King County Superior Court seeking to have the charter schools initiative, I-1240, tossed out as unconstitutional.
Washington's constitution clearly states:
ARTICLE IX, SECTION 2 PUBLIC SCHOOL SYSTEM. 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. But the entire revenue derived from the common school fund and the state tax for common schools shall be exclusively applied to the support of the common schools.
The plaintiffs argue that privately-run charter schools are neither uniform nor common. Established case law has defined a "common school" as “one that is common to all children of proper age and capacity, free, and subject to, and under the control of, the qualified voters, of a school district.” The plaintiffs have a strong argument to make that charter schools don't meet that definition.