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
School & District Management Webinar
Harnessing AI to Address Chronic Absenteeism in Schools
Learn how AI can help your district improve student attendance and boost academic outcomes.
Content provided by Panorama 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
Science Webinar
Spark Minds, Reignite Students & Teachers: STEM’s Role in Supporting Presence and Engagement
Is your district struggling with chronic absenteeism? Discover how STEM can reignite students' and teachers' passion for learning.
Content provided by Project Lead The Way
Recruitment & Retention Webinar EdRecruiter 2025 Survey Results: The Outlook for Recruitment and Retention
See exclusive findings from EdWeek’s nationwide survey of K-12 job seekers and district HR professionals on recruitment, retention, and job satisfaction. 

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 Supreme Court Won't Take Up Case on District's Gender Transition Policy
The U.S. Supreme Court declined an appeal from a parents' group contending that a district's policy on gender support plans excludes them.
4 min read
The Supreme Court is pictured, June 30, 2024, in Washington.
The Supreme Court is pictured, June 30, 2024, in Washington. The court on Monday declined to hear a case about a school district’s policy to support students undergoing gender transitions.
Susan Walsh/AP
Law & Courts High Court Won't Review School Admissions Policy That Sought to Boost Diversity
The U.S. Supreme Court refused a case about whether race was unconstitutionally considered in admissions to Boston's selective schools.
5 min read
The Supreme Court is pictured, Oct. 7, 2024, in Washington.
The Supreme Court is pictured, Oct. 7, 2024, in Washington. The court on Monday declined to take up a case about the Boston district’s facially race-neutral admissions policy for selective magnet high schools.
Mariam Zuhaib/AP
Law & Courts Supreme Court Case on Medical Care for Trans Youth Could Impact School Sports
The justices weigh a Tennessee law that bars certain medical treatments for transgender minors, with school issues bubbling around the case.
8 min read
Transgenders rights supporters rally outside of the Supreme Court, Wednesday, Dec. 4, 2024, in Washington.
Transgender rights supporters rally outside of the U.S. Supreme Court on Dec. 4 as the court weighed a Tennessee law that restricts certain medical treatments for transgender minors.
Jose Luis Magana/AP
Law & Courts How a Supreme Court Case on Vaping Stands to Impact Schools
The U.S. Supreme Court heard an important case about federal regulation of flavored e-cigarettes, which remain a concern for schools.
6 min read
A high school principal displays vaping devices that were confiscated from students in such places as restrooms or hallways at a school in Massachusetts on April 10, 2018.
A high school principal in Massachusetts displays vaping devices that were confiscated from students in restrooms or hallways on April 10, 2018.
Steven Senne/AP