The Big Picture: Layers of School Governance
Education in America is governed by a complex system of local, state, and federal authorities.
Understanding who has control over what decisions helps explain why certain changes can happen quickly while
others take years, and why some decisions are made locally while others come from Olympia or Washington, D.C.
Key Principle: The U.S. Constitution does not give the
federal government authority over education. This means education is primarily a state responsibility,
with significant local control through elected school boards. Federal involvement comes mainly through
funding that comes with requirements attached.
Levels of Control: Who Decides What?
🏛️ Federal Government Role (Minimal Direct Control)
What the Federal Government Controls:
- Civil Rights Protection: Enforces federal civil rights laws prohibiting discrimination based on race,
sex, disability, national origin, etc.
- Special Education: Sets minimum requirements through IDEA (Individuals with Disabilities Education Act)
for serving students with disabilities
- Funding Requirements: Schools accepting federal funds must follow certain rules (Title I for low-income
students, Title IX for sex discrimination, etc.)
- National Programs: Manages programs like National School Lunch Program, E-Rate (technology funding),
and emergency education funding
What the Federal Government Does NOT Control:
- Curriculum content (what is taught)
- Teacher hiring and firing decisions
- School calendars and schedules
- Local budget priorities
- Day-to-day operations of schools
Important: Federal funding typically represents only
10-15% of a school district's budget. The federal government can attach requirements to this funding, but cannot
directly regulate schools beyond civil rights protections and programs they fund.
🏢 State Government Role (Primary Authority)
What the Washington State Government Controls:
- Academic Standards: Sets learning standards for all grade levels through OSPI (Office of
Superintendent of Public Instruction)
- Teacher Certification: Determines who can teach in Washington schools
- Graduation Requirements: Sets minimum requirements for high school graduation
- Funding Formula: Determines how much money each district receives from the state
- Assessment Requirements: Mandates state testing (Smarter Balanced, etc.)
- School Calendar Requirements: Minimum 180 days, minimum instructional hours
- Health and Safety Standards: Building codes, immunization requirements, fire safety
- Private School Approval: Annual approval of private schools to operate in Washington
- Charter School Authorization: Approves and oversees charter schools through State Board of Education
and Charter School Commission
Key State Agencies:
- OSPI (Office of Superintendent of Public Instruction): Chief state school officer, oversees
K-12 education
- State Board of Education: Sets education policies, approves private schools, oversees charter schools
- Legislature: Passes education laws and determines state education funding
- Charter School Commission: Authorizes and oversees some charter schools
🏘️ Local Government Role (Day-to-Day Control)
What Local School Boards Control:
- Budget Decisions: How to allocate local and state funds (within state requirements)
- Hiring Decisions: Superintendent, principals, teachers, and all staff
- Curriculum Selection: Which textbooks and materials to use (within state standards)
- Local Policies: Dress codes, discipline policies, extracurricular activities
- Facilities: Building maintenance, construction, and improvements
- Class Sizes: How many students per classroom (beyond state minimums)
- Program Offerings: Which electives, sports, and activities to offer
- School Boundaries: Which neighborhoods attend which schools
- Local Levy Requests: Asking voters to approve additional local funding
Important: School board members are locally elected
by voters in the community. This is where citizens have the most direct control over education decisions. Attending
school board meetings and voting in school board elections is how communities exercise local control.
Three Types of Schools in Washington
Washington State has three main types of K-12 schools: Traditional Public Schools,
Charter Public Schools, and Private Schools. Each operates under different
rules regarding governance, funding, and autonomy.
Traditional Public Schools
Current in WA: ~2,370 schools
- Funded by taxpayers (local, state, federal)
- Completely free (no tuition)
- Must accept all students in district
- Governed by locally elected school board
- Must follow all state standards and requirements
- Teachers must be state certified
- Can receive local levy funding
- Subject to collective bargaining with unions
Charter Public Schools
Current in WA: ~16-18 schools (capped at 40)
- Funded by taxpayers (state and federal only)
- Completely free (no tuition)
- Must accept all students (open enrollment)
- Operated by nonprofit organization
- More autonomy than traditional public schools
- Must be nonsectarian and nonreligious
- Cannot receive local levy funding
- Can be closed quickly if not performing
- Teachers must be state certified
- NEW APPLICATIONS CLOSED since 2021-2022
Private Schools
Current in WA: ~500 schools
- Funded by tuition and donations
- Charges tuition (varies widely)
- Can select which students to admit
- Operated by private boards or organizations
- Significant autonomy in curriculum
- Can be religious or secular
- Must be approved annually by State Board of Education
- Most teachers must be state certified
- No direct public funding (with some exceptions)
Detailed Comparison: Control and Requirements
| Requirement / Control |
Traditional Public |
Charter Public |
Private |
| Funding Source |
Local, State, Federal taxes |
State, Federal taxes (no local levies) |
Tuition, donations, some federal programs |
| Tuition Cost |
FREE |
FREE |
Varies ($5,000-$30,000+/year) |
| Student Admissions |
Must accept all in district |
Open enrollment (lottery if oversubscribed) |
Can set admission requirements |
| State Academic Standards |
Must follow completely |
Must follow completely |
Must meet minimum standards for graduation |
| Teacher Certification |
All must be WA certified |
All must be WA certified |
Most must be WA certified (exceptions allowed) |
| State Testing |
Required |
Required |
Optional (not required) |
| Curriculum Freedom |
Limited (must follow state standards) |
More flexibility within standards |
Significant freedom (religious content allowed) |
| Local Control |
High (elected school board) |
Low (nonprofit board, not elected) |
High (private board) |
| State Oversight |
High (OSPI, Legislature) |
High (Charter Commission, SBE) |
Moderate (annual approval by SBE) |
| Federal Requirements |
Must follow if accepting federal $ |
Must follow if accepting federal $ |
Minimal (unless receiving federal grants) |
| Religious Content |
Prohibited |
Prohibited (must be nonsectarian) |
Allowed |
| Special Education |
Must provide FAPE under IDEA |
Must provide FAPE under IDEA |
Limited requirements (consultation only) |
| Collective Bargaining |
Subject to union contracts |
Not typically unionized |
Not typically unionized |
| School Day/Year Length |
Must meet state minimums |
Must meet state minimums |
Must meet state minimums (180 days) |
| Annual State Approval |
Not required |
Not required (but performance monitored) |
Required (State Board of Education) |
Charter Schools in Washington: Important Details
Critical Update: The authorization window for new charter
schools closed in 2021-2022. No new charter schools can be authorized until the Washington State
Legislature changes the law. Currently, 16-18 charter schools are operating under a cap of 40 total schools.
What Makes Charter Schools Different?
Charter schools are public schools, not private schools. Key facts:
- 100% publicly funded through state and federal tax dollars
- Tuition-free for all students
- Must accept all students who apply (if oversubscribed, use lottery)
- Must be nonsectarian and nonreligious in all practices
- Operated by nonprofit organizations, not school districts
- More operational autonomy than traditional public schools
- Cannot receive local levy funding (major restriction)
- Subject to same state academic standards as traditional public schools
- Teachers must be state certified
- Can be closed quickly if not meeting performance standards
Charter School Authorization
Charter schools can be authorized by two entities:
- Washington State Charter School Commission (most common)
- Individual school districts (Spokane Public Schools has authorized some)
Charter Schools vs. Traditional Public Schools: The Autonomy Trade-off
Charter schools get MORE freedom in:
- Curriculum design and teaching methods (within state standards)
- Budget flexibility and resource allocation
- Hiring and staffing decisions
- School schedule and calendar
- Streamlined from some bureaucratic layers
Charter schools get LESS access to:
- Local levy funding (cannot receive local property tax levies)
- District facilities and resources
- Established district support services
- Protection from closure (can be shut down quickly for poor performance)
The Charter School Debate: Supporters say charter schools
provide innovation and choice, especially serving underserved communities. Critics worry they drain resources from
traditional public schools and lack local democratic control. Understanding both perspectives helps informed community
discussion.
Private Schools in Washington: How They Work
What Makes Private Schools Different?
Private schools operate independently of the public school system:
- Funded by tuition and donations, not taxpayer dollars (with limited exceptions)
- Charges tuition that varies widely ($5,000 to $30,000+ per year)
- Can set admission requirements and select students
- Can be religious or secular
- More curriculum freedom than public schools
- Must still meet state minimum standards for health, safety, and basic education
- Annual approval required by Washington State Board of Education
State Requirements for Private Schools
Despite their independence, Washington private schools must:
- Apply annually for approval by State Board of Education
- Meet minimum instructional hours: 450 hours (kindergarten), 1,000 hours (grades 1-12), or 180 days
- Employ certified teachers (with some exceptions for specialized subjects)
- Teach required subjects: occupational education, science, math, language, social studies, history,
health, reading, writing, spelling, art, and music appreciation
- Meet health and safety standards: fire inspections, health inspections, immunization requirements
- Maintain student records properly
- Cannot discriminate based on race (subject to federal civil rights laws)
- Have a physical facility in Washington State (completely online schools cannot be approved)
What Private Schools DON'T Have to Do
- Follow state testing requirements (testing is optional)
- Use state-approved curriculum (can design their own)
- Meet specific state academic standards (only minimum graduation requirements)
- Accept all students who apply
- Provide free and appropriate public education (FAPE) to students with disabilities
- Participate in federal programs (participation is optional)
Federal Funding and Private Schools
Generally, private schools do NOT receive direct federal funding. However,
there are exceptions:
- Equitable Services: Private school students may receive materials or services from local school
districts funded by federal programs (Title I, II, III, IV)
- National School Lunch Program: Some private schools participate
- E-Rate: Technology and internet access funding
- Emergency Funding: Some COVID relief funds were available
Important Distinction: When private schools receive these
services, the public agency controls the funds, not the private school. The private school itself
is not considered a "recipient of federal financial assistance" in most cases. If a private school directly receives
a federal grant, it then becomes subject to federal requirements like Title IX.
How to Start a Private School in Washington
If someone wanted to open a private school in Washington State, here's the process:
Step 1: Understand Basic Requirements
- Must offer kindergarten plus at least one grade (K-1 through K-12)
- Must have a physical facility in Washington State
- Completely online schools cannot be approved as private schools
- Must be nonprofit or for-profit (different tax implications)
Step 2: Business and Legal Setup
- Obtain Master Business License from WA Department of Revenue
- Register with WA Department of Revenue for taxes
- If operating as corporation or partnership, register with WA Secretary of State
- Consider nonprofit 501(c)(3) status if seeking tax-exempt donations
- Comply with local city/county business ordinances
- Obtain appropriate insurance
Step 3: Facility Requirements
- Secure a physical facility that meets local zoning requirements
- Pass fire safety inspections
- Pass health inspections
- Ensure accessibility compliance (ADA)
Step 4: Educational Program
- Design curriculum covering required subjects
- Plan for minimum instructional hours (1,000 hours or 180 days)
- Hire WA state certified teachers (or plan for supervision of uncertified teachers)
- Develop policies for attendance, discipline, records, etc.
- Create a policy statement on school administration and operation
Step 5: Apply for State Board of Education Approval
- File Certificate of Compliance at least 90 days before school opens
- Submit complete application to State Board of Education (online)
- Provide documentation of health and fire inspections
- Submit staffing reports showing teacher certifications
- Pay application fee
- Application reviewed and approved at SBE meeting (typically June)
Step 6: Annual Requirements
- Reapply for approval every year by mid-April
- Submit enrollment data by November 1
- Maintain all health, safety, and educational standards
- If participating in federal programs, complete annual participation forms
Timeline: Starting a private school typically takes 6-12 months
of planning before opening. The approval process itself takes 90+ days, but facility acquisition, staff hiring, and
program development require much more time.
Resources for Starting a Private School
- WA State Board of Education: Private School Approval Process
- WA Office of Superintendent: Requirements and standards
- Washington Federation of Independent Schools (WFIS): Support and networking
- Northwest Association of Independent Schools: Accreditation and professional development
How to Start a Charter School in Washington
IMPORTANT UPDATE: As of 2024, new charter school
applications are NOT being accepted in Washington State. The authorization window closed in 2021-2022, and
the state has reached 18 of the 40-school cap. Until the Washington State Legislature changes the law, no new charter
schools can be created.
For reference, here is how the process worked when charter school applications were being accepted:
Step 1: Understanding Charter School Requirements
- Must be a nonprofit organization
- Must be nonsectarian and nonreligious
- Must be tuition-free and open to all students
- Must follow all state academic standards
- Teachers must be state certified
- Must serve students with disabilities (FAPE requirements)
- Subject to state and federal accountability measures
Step 2: Choose an Authorizer
Two options for charter school authorization:
- Washington State Charter School Commission (most charter schools)
- Approved School District (e.g., Spokane Public Schools)
Step 3: The Application Process (When Open)
- File Notice of Intent with chosen authorizer
- Submit detailed charter application including:
- Educational program and philosophy
- Governance structure and board members
- Fiscal management plan
- Facilities plan
- Student recruitment and enrollment
- Performance framework and accountability
- Participate in capacity interview with authorizer
- Answer in-depth questions from Commission or district
- If approved, negotiate and sign charter contract
- Obtain certificate from State Board of Education
Step 4: Ongoing Requirements
- Annual performance reports on academic, operational, and fiscal performance
- State testing and accountability measures
- Annual financial audits
- Open public meetings (subject to Open Public Meetings Act)
- Public records requirements
- Periodic charter renewal (every 5-7 years typically)
Charter School vs. Private School
Key Difference: Charter schools are public schools that receive
full public funding but operate with more autonomy. Private schools are privately funded and operate
independently of the public system.
Why the Cap? Washington's charter school law included a cap
of 40 schools and a limited authorization window. This was a compromise to allow charter schools while limiting their
impact on traditional public schools. The Legislature would need to pass new legislation to extend the authorization
window or increase the cap.
Community Control: How to Influence Education Locally
Understanding who controls schools helps citizens know where to direct their engagement:
For Traditional Public Schools (Highest Local Control):
- Vote in School Board Elections: Board members are elected by local voters
- Attend School Board Meetings: Public comment periods allow community input
- Participate in Levy Votes: Approve or reject additional local funding
- Serve on Advisory Committees: Many districts have citizen advisory groups
- Contact Board Members: They represent you - share your concerns
For Charter Schools (Limited Local Control):
- Attend Charter School Board Meetings: Open to public by law
- Contact Charter School Commission: File concerns about charter school performance
- Participate in State Processes: Charter schools report to state, not local board
- Legislative Advocacy: Contact state legislators about charter school laws
For Private Schools (High Control by Private Board):
- Participate as Parent/Guardian: Most private schools have parent organizations
- Serve on Private School Board: If invited and qualified
- Contact State Board of Education: If school violates state approval requirements
- Market Forces: Choose to enroll or not (tuition creates accountability)
State-Level Influence (All School Types):
- Vote in State Elections: Governor, legislators, Superintendent of Public Instruction
- Contact State Legislators: Influence education laws and funding
- Participate in OSPI Processes: Public comment on state education rules
- Contact State Board of Education: Input on state policies
Where You Have the Most Power: Local school board elections
typically have low voter turnout, meaning each vote has significant impact. This is where community members can have
the most direct influence on education decisions affecting their children.
Summary: The Trade-offs Between School Types
Traditional Public Schools
Advantages:
- Completely free, open to all
- Strong local democratic control through elected boards
- Access to local levy funding
- Established facilities and resources
- Strong protections for students with disabilities
Disadvantages:
- Less flexibility in curriculum and operations
- Subject to many layers of bureaucracy
- Slower to implement changes
- Must accept all students (can be challenging for specialized programs)
Charter Public Schools
Advantages:
- Free, open to all (public school)
- More innovation and flexibility
- Can focus on specific educational approaches
- Streamlined from some bureaucratic layers
- Can be closed if not performing
Disadvantages:
- No access to local levy funding
- Less local democratic control (not elected boards)
- No new charters can be created currently
- Some lack established facilities
- Risk of closure creates instability
Private Schools
Advantages:
- Significant curriculum freedom
- Can have religious content
- Can select students aligned with mission
- Smaller class sizes (typically)
- More flexibility in operations
Disadvantages:
- Tuition costs can be prohibitive
- Can exclude students
- Limited services for students with disabilities
- No public funding means limited resources
- Less oversight and accountability
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