Basis v. Horne was settled out of court on October 15th, 2007.  The merits of the case were never decided. The question of the Superintendent's authority to impose curriculum alignment remains unresolved. 

Settlement Highlights:

• Settlement preserves the right of the plaintiff charter schools to teach their curriculum.
• The state will create alternate Social Studies standards based on the plaintiff schools' proven curricula.
• Settlement allows all charter schools in the state to choose the alternate Social Studies standards.
• Settlement allows all charter schools to teach subject matter in grades ahead of the state standards.
• The question of the Superintendent's authority to impose curriculum alignment is unresolved

The Goldwater Institute will continue to stand up for parental choice and charter school autonomy.

Case background:

On June 22, 2007 the Goldwater Institute filed suit against the Arizona Department of Education on behalf of five charter schools.  The Goldwater Institute's Scharf-Norton Center for Constititutional Litigation will represent BASIS Tucson, BASIS Scottsdale, and the Great Hearts Academies: Veritas Preparatory Academy in Phoenix, Chandler Preparatory Academy and Mesa Preparatory Academy. These schools include four of the ten highest-performing public schools in the state based on AIMS test scores. The Arizona Department of Education wants these charter schools to conform to state-wide education curriculum which jeopardizes the independence granted to the charter schools by the state legislature.

View press releases below:

• BASIS versus Horne lawsuit settled
• Court Denies Injunction in Charter School Case
• U.S. Department of Education Rejects Arizona’s Grounds for Charter School Regulation
• Former State Superintendents File Court Documents against AZ Dept. of Education
• Goldwater Institute Files Lawsuit to Protect Charter School Autonomy

The Stakes:

• Independence of charter school curriculum from the Arizona Department of Education bureaucracy.
• More educational opportunity for Arizona schoolchildren through charter schools.

Case Timeline:

• June 22, 2007.  Case filed with Maricopa Superior County Court.
• August 6, 2007.  Preliminary hearing at Maricopa Superior County Court at 11 am.
• August 7, 2007.  Judge Miles denies request for injunction on procedural grounds. Merits of case to be decided at a later date.
• August 22, 2007.  Amended complaint adds the Arizona State Board for Charter Schools as defendant.
• October 15, 2007.  ADE agrees to settle lawsuit with charter schools.

Case Documents: 

• US Department of Education Statement.pdf
• Declaration of C Diane Bishop.pdf
• Declaration of Lisa Graham Keegan.pdf
• Declaration of Jaime Molera.pdf
• Charter Schools v Horne Charter Complaint.pdf 
• Charter Schools v Horne Motion for Preliminary Injunction.pdf 
• Declaration of Daniel Scoggin.pdf 
• Declaration of Olga V Block.pdf 

Media Coverage:

• "A win for charters - sort of"
  Editorial, East Valley Tribune, October 18, 2007.
• "Superintendent can't be charter school friend and executioner"
  Clint Bolick, Arizona Capitol Times, September 14, 2007.
• "Charters face tyranny of historic proportions"
  Robert Holland, East Valley Tribune, September 7, 2007.
• "Matt Ladner on discusses the charter school case on Inside Track"
    KVOI Inside Track, August 18, 2007.
• "Charter schools prove rules are made to be broken"
  Verde Independent editorial, August 7, 2007.
• "Charter Schools win a round against Horne"
  Howard Fischer, Arizona Daily Star, August 7, 2007.
• "Charter Schools, state in court over social-studies plan"
  Chelsea Schneider, Arizona Republic, August 4, 2007
• "Clint Bolick on Tuscon's Morning Show with Jim Parise"
  KNST, August 3, 2007.
• "Basis charter school chafes at social-studies standards"
  Daniel Scarpinato, Arizona Daily Star, August 02, 2007
• "Charter schools fight the state over what they teach"
  Kim Covington, KPNX News Channel 12, July 26, 2007.
• "Former superintendents oppose charter schools curriculum"
  Dennis Welch, East Valley Tribune, July 23, 2007
• "Darcy Olsen on Inside Track" 
  Darcy Olsen, KVOI 690, July 16, 2007
• "One size doesn't fit all in education"
  Clint Bolick, Arizona Daily Sun, July 13, 2007
• "Charters on 'Horne' of a dilemma"
  Chelsea Deweese, Arizona Daily Sun, July 09, 2007
• "Take shackles off successful schools"
  Editorial, East Valley Tribune, July 05, 2007
• "Charter schools sue over state rules"
  Howard Fischer, Arizona Daily Star, June 25, 2007

How can I help?

• The stakes are high, help build positive press. Write letters to the editor for your local newspaper and let them know how you feel.
• The Goldwater Institute's Scharf-Norton Constitutional Litigation Center is able to defend your constitutional freedom because of the generous donations of private individuals.  R. Evan Scharf and John R. Norton III have arranged for a $1 million challenge grant to establish and fund the Goldwater Institute Scharf-Norton Center for Constitutional Litigation.  To donate to the litigation center or become a member of the Goldwater Institute, please call Jenn Bryson at (602) 462-5000.

Learn more about the Goldwater Institute’s Scharf-Norton Center for Constitutional Litigation.