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Appellate Court Rules Charter School Funding Is Constitutional

The Arizona Court of Appeals says the state’s school funding system is not unconstitutional. They upheld a lower court’s ruling that charter schools and traditional public schools are not entitled to the same state funding.

The lawsuit was filed on behalf of the parents of students attending state charter schools.

The appellate court said a disparity in state funding is not illegal because charter schools are not burdened by many of the same regulations that traditional public schools must follow. For example, charter schools have the ability to fire employees at will and they have the flexibility to hire non-certified teachers.

Court justices also pointed out the plaintiffs never argued that the funding gap is hindering their ability to provide a free and adequate education.

Attorneys say that doesn’t justify the difference and plan to take the case to the state Supreme Court.

Carrie Jung was a senior field correspondent from 2014 to 2018.