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

We face a question of statutory interpretation that boils down to the meaning of the word “including.” The parties offer differing interpretations of two federal statutes that define the type of school eligible to receive specific federal funds as “a nonprofit institutional day or residential school, including a public [elementary or secondary] charter school, that provides [elementary or secondary] education, as determined under State law.” The district court, in a carefully written and thoughtful opinion, construed “including” to mean, essentially, “such as.” Because this construction is consistent with the plain meaning of the language employed by Congress, the legislative history surrounding these provisions, and the reasonable interpretation given the language by the agency Congress directed to supervise the distribution of the funds at issue, we affirm.

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 Arizona Department of Education (“ADE”). See 20 U.S.C. §§ 1411 (IDEA), 6332-33 (ESEA). The statutes further…