Law & Courts

Arizona Opinion: Give Federal Aid to Company-Run Charters

By Darcia Harris Bowman — September 21, 2004 2 min read
  • Save to favorites
  • Print

Arizona education officials hope a recent opinion issued by the state attorney general will convince the U.S. Department of Education that charter schools run by for-profit companies are entitled to keep millions of federal dollars. At issue is whether charter schools that are run by such companies meet the federal definition of a “local education agency.” The state attorney general’s review of Arizona law concludes that they do, but a federal investigator disagrees

Last year, a federal audit of 20 Arizona charter schools called on the state to repay at least $1.1 million in aid under the Title I compensatory education program and the Individuals with Disabilities Act. (“U.S. Audit Raps Arizona’s Use of Charter Aid,” Dec. 3, 2003.)

The audit by the Education Department’s inspector general found that since 2000, the state had improperly passed on the federal aid to more than 29 for-profit companies operating some 75 charter schools in Arizona

The inspector general concluded that private, for-profit companies that run charter schools don’t meet the federal government’s definition of a local education agency, and therefore aren’t eligible to receive the money at issue

Tom Horne, Arizona’s state superintendent of schools, challenged the Education Department’s findings, arguing that they ignored Arizona law, which calls for the equal treatment of nonprofit and for-profit charter schools. He argued that all charter schools in his state, regardless of who runs them, are public schools.

The state attorney general’s office agreed with the superintendent in its opinion late last month.

“Because all Arizona charter schools are public schools and are mandated to comply with all federal and state laws regarding the education of children with disabilities in the same manner as school districts, all charter schools, including those operated by for-profit organizations, function as [local education agencies] under Arizona law,” Attorney General Terry Goddard concluded.

Waiting for Response

As with regular public school districts, charter schools can’t refuse to admit children based on their disabilities, according to the Mr. Goddard. The state also requires charter schools, regardless of who operates them, to establish policies and procedures for educating all children with disabilities living within their jurisdictions.

As such, he said, charter schools are financed by the state in the same manner as regular public schools.

Mr. Horne hopes that no more appeals will be necessary. “I think the federal Department of Education will change that ruling now that they have full information,” he said in an interview last week.

Whether Mr. Goddard’s opinion will sway the federal department remains to be seen. His review was prompted by a request from federal education officials for an opinion on Mr. Horne’s position.

A spokesman with the Arizona Department of Education said Aug. 5 that the superintendent had not yet heard from federal officials one way or the other.

Lawyers with the federal department are reviewing the state attorney general’s opinion, said Jim Bradshaw, a spokesman for the U.S. agency.

Related Tags:

Events

This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of Education Week's editorial staff.
Sponsor
Student Achievement Webinar
How To Tackle The Biggest Hurdles To Effective Tutoring
Learn how districts overcome the three biggest challenges to implementing high-impact tutoring with fidelity: time, talent, and funding.
Content provided by Saga Education
This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of Education Week's editorial staff.
Sponsor
Student Well-Being Webinar
Reframing Behavior: Neuroscience-Based Practices for Positive Support
Reframing Behavior helps teachers see the “why” of behavior through a neuroscience lens and provides practices that fit into a school day.
Content provided by Crisis Prevention Institute
This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of Education Week's editorial staff.
Sponsor
Mathematics Webinar
Math for All: Strategies for Inclusive Instruction and Student Success
Looking for ways to make math matter for all your students? Gain strategies that help them make the connection as well as the grade.
Content provided by NMSI

EdWeek Top School Jobs

Teacher Jobs
Search over ten thousand teaching jobs nationwide — elementary, middle, high school and more.
View Jobs
Principal Jobs
Find hundreds of jobs for principals, assistant principals, and other school leadership roles.
View Jobs
Administrator Jobs
Over a thousand district-level jobs: superintendents, directors, more.
View Jobs
Support Staff Jobs
Search thousands of jobs, from paraprofessionals to counselors and more.
View Jobs

Read Next

Law & Courts Oxford School Shooter's Parents Were Convicted. Holding District Liable Could Be Tougher
The conviction of parents in the Oxford, Mich., case expanded the scope of responsibility, but it remains difficult to hold schools liable.
12 min read
Four roses are placed on a fence to honor Hana St. Juliana, 14, Madisyn Baldwin, 17, Tate Myre, 16, and Justin Shilling, 17, the four teens killed in last week's shooting, outside Oxford High School in Oxford, Mich., on Tuesday, Dec. 7, 2021.
Four roses are placed on a fence outside Oxford High School in Oxford, Mich., honor Hana St. Juliana, 14, Madisyn Baldwin, 17, Tate Myre, 16, and Justin Shilling, 17, the four teens killed in the Nov. 30, 2021, shooting at the school.
Jake May/The Flint Journal via AP
Law & Courts Oklahoma Supreme Court Weighs 'Test Case' Over the Nation's First Religious Charter School
The state attorney general says the Catholic-based school is not permitted under state law, while supporters cite U.S. Supreme Court cases.
5 min read
Oklahoma Attorney General Gentner Drummond is pictured Wednesday, Feb. 1, 2023, during an interview in Oklahoma City.
Oklahoma Attorney General Gentner Drummond, pictured in February, argued April 2 before the state supreme court against the nation's first religious charter school.
Sue Ogrocki/AP
Law & Courts When Blocking Social Media Critics, School Officials Have Protections, Supreme Court Says
The court said public officials' own pages may be "state action," but only when they are exercising government authority.
6 min read
An American flag waves in front of the Supreme Court building on Capitol Hill in Washington, on Nov. 2, 2020.
An American flag waves in front of the Supreme Court building on Capitol Hill in Washington, on Nov. 2, 2020.
Patrick Semansky/AP
Law & Courts Oklahoma Nonbinary Student's Death Shines a Light on Families' Legal Recourse for Bullying
Students facing bullying and harassment from their peers face legal roadblocks in suing districts, but settlements appear to be on the rise
11 min read
A photograph of Nex Benedict, a nonbinary teenager who died a day after a fight in a high school bathroom, is projected during a candlelight service at Point A Gallery, on Feb. 24, 2024, in Oklahoma City. Federal officials will investigate the Oklahoma school district where Benedict died, according to a letter sent by the U.S. Department of Education on March 1, 2024.
A photograph of Nex Benedict, a nonbinary teenager who died a day after a fight in a high school restroom, is projected during a candlelight service at Point A Gallery, on Feb. 24, 2024, in Oklahoma City. Federal officials will investigate the Oklahoma school district where Benedict died, according to a letter sent by the U.S. Department of Education on March 1, 2024.
Nate Billings/The Oklahoman via AP