Arizona State Board for Charter Schools v. U.S. Department of Education

I. Background

A. Statutory Framework

The IDEA and the ESEA authorize the U.S. Department of Education (“Department”) to distribute grants to the States through a state educational agency (“SEA”), such as the Ari- zona Department of Education (“ADE”). See 20 U.S.C. §§ 1411 (IDEA), 6332-33 (ESEA). The statutes further autho- rize an SEA to distribute the grant money through subgrants to a local educational agency (“LEA”), which is defined as “a public board of education or other public authority legally constituted within a State for either administrative control or direction of, or to perform a service function for, public ele- mentary schools or secondary schools . . . .” 20 U.S.C. §§ 1401(19)(A) (IDEA), 7801(26)(A) (ESEA).

Under the IDEA and the ESEA, an “elementary school” is defined as “a nonprofit institutional day or residential school, including a public elementary charter school, that provides elementary education, as determined under State law.” 20 U.S.C. §§ 1401(6) (IDEA), 7801(18) (ESEA) (emphasis added). Similarly, the statutes define a “secondary school” as “a nonprofit institutional day or residential school, including a public secondary charter school, that…