State education officials have been blocked by a judge from taking nearly $5.9 million away from charter schools.

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 which 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. 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.

“Under the department’s interpretation, the effect of a shortfall is felt not by those pupils who benefited from the original excess funding, by a new cohort who received no benefit yet much now suffer the detriment,” Fink wrote.

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