By Manuel Valdes, Associated Press | Originally Published at The Olympian. December 13, 2013

A King County Superior Court judge has found that part of the state’s voter-approved charter school law violates the state constitution, but proponents said the ruling will not impede school plans.

The first schools are scheduled to open in fall 2014.

“This doesn’t stop the freight train that’s moving forward,” said Lisa Macfarlane of the Washington State Charter Schools Association.

King County Judge Jean Rietschel, in a ruling issued Thursday, found that a charter school can’t be defined as a “common school” because it’s not under the control of voters in a school district. Under the state Constitution, schools have to be under the control of voters in their districts to be considered part of the state system and obtain state construction funding.

Macfarlane said that’s a ruling on a technical aspect of the law that’s not currently relevant.

Ultimately, questions of the constitutionality of charter schools will likely be answered by the state Supreme Court, proponents and opponents say.

Charter school opponents, represented by attorney Paul Lawrence, say the law passed by voters is unconstitutional because it interferes with the state’s obligation to pay for public schools, set a uniform curriculum and establish other rules.

Lawrence also argued the law takes authority granted by the constitution away from the superintendent of public instruction and from the Legislature. Rietschel, however, did not agree with those challenges.

The state attorney general’s office, representing the people of Washington, argued the charter law enhances education and does not circumvent anything in the constitution or the court decisions that have clarified sections on education.

In a statement, Attorney General Bob Ferguson said the “court has held the vast majority of the charter schools initiative constitutional, and the state will continue to implement this law.”

Calyn Holdaway, the Gig Harbor military mom who heads an effort to open a charter school near Joint Base Lewis-McChord, said she is moving forward with her efforts as she awaits word from the state charter school commission on whether her group’s application for the proposed Village Academy charter wins approval.

“I am not the slightest bit worried about what will happen in court,” Holdaway said Thursday. “We are going to provide a service to the community. I believe so strongly in this cause.”

Debbie Cafazzo contributed to this story