Phoenix--The U.S. Department of Education (USDoE) yesterday rejected a critical argument made by the Arizona Department of Education (ADE) in forcing charter schools to align their curricula to state edicts, a policy under court challenge by the Goldwater Institute Scharf-Norton Center for Constitutional Litigation.
ADE is arguing that failure to align the curricula of all public schools in the state, including charter schools, would jeopardize federal public school funding. But, the USDoE says this is not the case.
In a July 24 letter to Clint Bolick, the Goldwater Institutes litigation director, USDoE's legal counsel Kent Talbert stated that nothing in federal law mandates a state to align its social studies curriculum on a grade-by-grade basis to state standards, and therefore, any non-alignment of such curriculum to state standards would not be grounds for withholding Federal funds.
Maricopa County Superior Court Judge Robert Miles will hear oral arguments on August 6 at 11:00 a.m. on the schools motion for a preliminary injunction against the curriculum alignment mandate, which is slated to take effect this school year.
Information on Charter Schools v. Horne is available online.