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PHOENIX — A Maricopa County Superior Court judge refused Tuesday to immediately block the state Board of Education from telling charter schools when they have to teach certain social studies courses.

Judge Robert Miles said the charter schools objecting to the mandate waited too long before filing suit. He said the charter schools have known about the plan for more than two years, even though the requirement takes effect this month with the new school year.

Tuesday's ruling doesn't end the lawsuit or resolve the dispute. It simply means the schools, most of which start classes this coming week, will have to comply with the regulations and teach social studies on the state-mandated schedule until there can be a full trial on the matter later this year.

Clint Bolick, attorney for the schools, said he still believes he can convince Miles that state School Superintendent Tom Horne and the state board cannot dictate teaching schedules to charter schools.

In fact, Bolick now intends to widen the scope of the challenge: He wants Miles to void not just the requirements of when certain social-studies materials must be presented but also similar mandates imposed several years ago for teaching math, reading and science.

Horne, however, said he is confident that Miles, and eventually an appellate court, will uphold what is being required.

The state Board of Education sets standards for all public schools. That includes charter schools which can be owned and operated by profit-making companies but cannot charge tuition because they get state tax dollars.

But Bolick said the state board cannot dictate what has to be taught each year. For example, the board has ordered that fourth-graders be taught the effects of World War II on Arizona.

He said the Legislature, in authorizing charter schools in 1994, specifically exempted them from many of the requirements imposed on traditional public schools.

But Horne said that doesn't include the standards for what children are supposed to be taught.

"All we're interested in is that the students know and be able to do the minimum standards at the end of the year," he said. "How they do it is up to them."

Miles, in refusing to grant the injunction, also said there is no threat of "immediate harm" to these schools from either the state board or even Horne if they ignore the requirement: Only the state Board of Charter Schools, which was not sued, has the right to close the schools.