Judge: Arizona can't ask charter schools to give back excess funds

Wednesday, February 5, 2014

In an order released Monday, Maricopa County Superior Court Judge Dean Fink said the state Department of Education may not demand refunds from charter schools that the state said had been given more state aid than they should have received.

Fink acknowledged the position of education agency that schools should not get money to which they were not entitled. And he said that, on some level, it makes sense for the state to be able to get back the excess, no matter how long it takes.

But Fink said it would be unfair to take money from schools years later.

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