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ARIZONA STATE BD. v. U.S. DEPT. OF EDUC.

No. 05-17349.

464 F.3d 1003 (2006)

ARIZONA STATE BOARD FOR CHARTER SCHOOLS; Excel Education Centers, Inc., an Oregon corporation; Phoenix Education Management, LLC, a Delaware limited liability company; Intelli-School, Inc., an Arizona corporation; PAS Charter, Inc., an Arizona corporation; SC Jensen Corporation, Inc., an Arizona corporation; RSD Charter School, Inc., Plaintiffs-Appellants, and Leona Group Arizona, LLC, an Arizona limited liability company; GAR LLC, an Arizona limited liability company; Bright Beginnings School, Inc., an Arizona corporation; Ombudsman Educational Services, Ltd., an Illinois corporation; Montessori Schoolhouse of Tucson, Inc., an Arizona corporation, Plaintiffs, v. U.S. DEPARTMENT OF EDUCATION; Margaret Spellings, in her official capacity as Secretary of the U.S. Department of Education, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed September 25, 2006.

Attorney(s) appearing for the Case

William A. Richards, Arizona Office of the Attorney General, Phoenix, AZ, for plaintiff-appellant Arizona State Board for Charter Schools.

David D. Garner, Phoenix, AZ, for plaintiffs-appellants Charter Schools Excel Education Centers, Inc., Phoenix Education Management LLC, Intelli-School, Inc., PAS Charter, Inc., SC Jensen Corporation, Inc., and RSD Charter School, Inc.

Isaac J. Lidsky, Department of Justice, Civil Division, for the defendants-appellees.

Before: MICHAEL DALY HAWKINS and THOMAS, Circuit Judges, and MILLER, District Judge.

MICHAEL DALY HAWKINS, Circuit Judge.

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...

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