Judge won't block state's course rules for charter schools

PHOENIX — A Maricopa County Superior Court judge refused Tuesday to immediately block the state Board of Education from telling charter schools when they have to teach certain social studies courses.

Judge Robert Miles said the charter schools objecting to the mandate waited too long before filing suit. He said the charter schools have known about the plan for more than two years, even though the requirement takes effect this month with the new school year.

Tuesday's ruling doesn't end the lawsuit or resolve the dispute. It simply means the schools, most of which start classes this coming week, will have to comply with the regulations and teach social studies on the state-mandated schedule until there can be a full trial on the matter later this year.

Clint Bolick, attorney for the schools, said he still believes he can convince Miles that state School Superintendent Tom Horne and the state board cannot dictate teaching schedules to charter schools.

In fact, Bolick now intends to widen the scope of the challenge: He wants Miles to void not just the requirements of when certain social-studies materials must be presented but also similar mandates imposed several years ago for teaching math, reading and science.

Horne, however, said he is confident that Miles, and eventually an appellate court, will uphold what is being required.

The state Board of Education sets standards for all public schools. That includes charter schools which can be owned and operated by profit-making companies but cannot charge tuition because they get state tax dollars.

But Bolick said the state board cannot dictate what has to be taught each year. For example, the board has ordered that fourth-graders be taught the effects of World War II on Arizona.

He said the Legislature, in authorizing charter schools in 1994, specifically exempted them from many of the requirements imposed on traditional public schools.

But Horne said that doesn't include the standards for what children are supposed to be taught.

"All we're interested in is that the students know and be able to do the minimum standards at the end of the year," he said. "How they do it is up to them."

Miles, in refusing to grant the injunction, also said there is no threat of "immediate harm" to these schools from either the state board or even Horne if they ignore the requirement: Only the state Board of Charter Schools, which was not sued, has the right to close the schools.

Some very high-performing Arizona charter schools currently teach classical Greek/Roman history in the seventh and eighth grades, believing that this provides intellectual preparation for teaching American History in the ninth grade. In the name of "standards", the State of Arizona is now requiring that all public schools - including charter schools -- teach American History in the seventh and eighth grades.

A group of charter schools is fighting this ruling. They lost the first battle on procedural grounds, because they initially thought charters schools were immune from such regulations and thus raised the issue too late. They plan to keep on fighting.

This Google search turns up a related Arizona Repugnant article, among others.

As always, the most loving thing that parents can do for their children is to simply get them out of the government schools.

I keep hearing this advice from some home school advocates. I consider it unhelpful.

Although some parents home-school, the vast majority will continue to send their children to public schools. And we will continue to spend billions on those schools. If we do nothing to break the hold of the Leftist and educrats on the public educational system, they will use our tax dollars to indoctrinate America's children.

Unless you have a workable plan to dismantle the public schools entirely, you will have to live with the consequences of a dysfunctional system. That should concern everyone, home schoolers included.

That is a very good sentiment, and absolutely true. But when we have no influence even with our elected officials, it seems daunting to consider fighting the elected officials, the unions - and all the unions will join in - and the education system hangers-on and the ACLU. I am not against you in this, but ...

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