Opinion says Arizona schools chief wrong on charter school funds

PHOENIX (AP) — The Arizona attorney general issued a legal opinion Wednesday saying state Superintendent of Public Instruction Diane Douglas was wrong when she said charter schools stand to lose much more money than lawmakers thought when they passed the state budget in March.

Her comment came after analysts for the Legislature said charter schools or school networks with more than 600 students would lose about $9 million when lawmakers ended a practice allowing charter networks to get extra “small school” cash even if the combined campuses had more than 600 students.

Douglas said last month that the way the law was crafted affected all charter schools, and they would collectively lose $14.6 million in the next school year.

The legal opinion by Attorney General Mark Brnovich said the specific language in the underlying statute could be read the way Douglas interpreted it, but courts have ruled that laws should be viewed in broader way.

“By looking to the broader language and context of the legislation, it becomes clear that this Legislature sought to ensure that affiliated charter schools whose aggregate student count exceeds 600 will no longer receive the ‘small school weight’ adjustment,” Brnovich wrote. “Thus, interpreting the silence as to charter affiliates with multiple charters and small enrollment such that these schools no longer receive this adjustment would be inconsistent with Senate Bill 1476.”

The Legislature targeted charters with multiple sites and a total of more than 600 students after years of complaints that those schools were gaming the system designed to help small schools.

Small school districts lose small school weight funding when their total enrollment tops 600, but charters that kept enrollment at individual schools below the threshold had been allowed to keep getting the extra cash.

Douglas interpreted the language by looking at it as written, spokesman Charles Tack said. She requested the attorney general’s opinion to be certain she was interpreting the law correctly and requested that it be expedited so that schools are certain of funding for the coming school year.

“The superintendent is thrilled that we are going to be able to fund these schools at the higher rate,” Tack said. “And we really appreciate the attorney and his staff for responding so quickly.”

Brnovich said charters will lose some inflation adjustments and classroom money beyond what was initially thought.

The state budget that goes into effect July 1 begins a three-year phase-out of small school weight funding that eventually will cost charters with more than 600 students nearly $27 million. There are about 200 affected schools, including many run by well-known charter operators such as BASIS Schools, Great Hearts Academies and Imagine Schools Inc.