Arizona public schools that are not teaching English Language Learners in English, as required by state law, are being warned by Superintendent of Public Instruction Tom Horne that they could be at risk of losing funds for violating the law. School board members and administrators could also face personal financial risk should they be found to have colluded in depriving students of adequate English instruction.
In 2000, Arizona voters approved Proposition 203, which declared English the national language of the United States and required that non-English speaking students be placed in a one-year English immersion program before being integrated into general English instruction.
Supporters of the proposition demonstrated that non-English-speaking students, which in Arizona are principally Latin American immigrants, were not learning English well enough or soon enough and that they were falling behind when it came to academic standards.
“Proposition 203, the voter protected initiative passed in 2000, specified that classes for English Language Learners must be taught in English: ‘all children in Arizona public schools shall be taught English by being taught in English and all children shall be placed in English language classrooms.’ Dual language classes, typically taught for half of each day in Spanish, are an obvious violation of this initiative,” said Horne. “A reduction in structured English immersion from four hours to two is okay, but the rest of the day must be spent in regular classrooms with the English-speaking students, not in classes taught in Spanish.”
While Horne says this conclusion is obvious based on the wording of the voter-passed initiative, he also cites a memorandum from the Arizona Legislative Council that concludes: “If the 50-50 dual language immersion model allows students to be taught subject matter in a language other than English as part of structured English immersion, the model likely violates Proposition 203.”
“I want to emphasize that these rules only apply to students who have not yet attained proficiency in English,” he added. “Once they attain English proficiency, we encourage dual language, or any other programs, that will cause them to be proficient in more than one language. I personally have studied six languages. Knowing multiple languages is beneficial and develops the brain in ways that help learn other subjects.”
“State law (A.R.S. §15-756.08) provides a District found in violation by the state board loses its access to English Language Learners funds. Another statute (A.R.S. §15-754) provides that any parent can sue any school board member or other elected office or administrator responsible for the violation and that person can be personally liable for damages and fees and cannot be indemnified by any third party.” Horne concluded, “Any official found liable shall be immediately removed from office and cannot hold a position for five years.”
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