AG Mayes says Horne can’t defund Arizona's dual-language schooling

State Superintendent of Public
Instruction Tom Horne doesn’t have the ability to punish colleges for utilizing
dual-language tutorial fashions, based on Legal professional Common Kris

However this received’t be the tip of the matter, as Horne is making ready to sue colleges instructing college students in two languages.

Final month, Horne, a Republican and long-time foe of bilingual schooling, threatened to withhold funding
from colleges utilizing the 50-50 dual-language mannequin. The mannequin is certainly one of
4 tutorial methods accepted by the Arizona State Board of
Schooling in 2020 to show college students not but proficient in English. Underneath
it, college students are taught in English for half of the college day and in
their native language for the opposite half. 

As many as 26 college districts throughout the state, together with 110 colleges,
make use of the 50-50 mannequin and have been poised to lose vital funds in the event that they
didn’t retire the instructing methodology. With the beginning of courses simply weeks
away, college officers and public schooling advocates sounded the alarm over the uncertainty sowed by Horne’s statements.

However on Monday, Mayes dismissed the
menace to varsities, saying Horne doesn’t have the authorized authority to
withhold state {dollars} or make any choices in regards to the mannequin’s

“The Superintendent’s and the
(Arizona Division of Schooling’s) function…is proscribed to monitoring and
referring college districts and constitution colleges to the Board,” Mayes wrote in a proper opinion issued in response to a request from Democratic legislators. 

Mayes, a Democrat who was elected in
2022, concluded that Horne is accountable for overseeing and reporting
on the implementation of English learner applications in Arizona, however no
state regulation provides him the authority to take motion towards colleges or
resolve the destiny of sure applications. 

Probably the most a state superintendent can do, beneath state regulation,
is compile reviews on noncompliant colleges and refer them to the State
Board of Schooling. Solely the State Board of Schooling has the ability to
modify or invalidate a instructing methodology. And till the board decides to
eradicate the dual-language mannequin, Mayes mentioned, it stays an choice for
colleges looking for a strategy to educate their English language learner college students. 

On the coronary heart of Horne’s criticism of
dual-language applications is that they violate the English-only commonplace
arrange in Proposition 203, a regulation overwhelmingly handed by Arizona voters
in 2000. It prohibits instructing English learners in any language different
than English till they’ve achieved proficiency. The one exception is
for college kids whose dad and mom fill out a yearly waiver permitting them to be
taught in a bilingual program. 

However 4 years in the past, state lawmakers, alarmed over the dismal tutorial outlook of English learners, unanimously accepted a regulation
that gave the State Board of Schooling permission to department out into
new, research-backed instructing fashions. A kind of was the dual-language
mannequin that’s more and more standard right now. 

Mayes factors to the legal guidelines which govern
English language learner applications as proof that solely the State Board
of Schooling has the ability, given by the legislature, to put off a
instructing mannequin. 

“The Board has sole statutory
authority to delete or modify an SEI (Structured English Immersion)
mannequin,” she wrote. “Neither the Division nor the Superintendent has
statutory authority to reject an SEI mannequin accepted by the Board or to
declare its illegality. Nor does the Superintendent or the Division
have authority to withhold monies from college districts or in any other case
impose penalties on colleges for using the Twin Language Mannequin.” 

Mayes declined, nonetheless, to rule on
the query of whether or not a battle exists with the provisions of Prop.
203, writing that such a “fact-dependent evaluation” is exterior the scope
of decoding Arizona regulation in a proper opinion.

“This Workplace declines to try such
a fact-dependent evaluation within the context of an official request for an
Opinion, which doesn’t contain public hearings or different taking of
proof,” she wrote. “The Board has accepted the Twin Language Mannequin as
a mannequin of SEI instruction, and faculty districts and constitution colleges
stay entitled to depend on that approval.”

Doug Nick, a spokesman for the Division of Schooling, which Horne leads, mentioned the subsequent step is more likely to happen in courtroom. 

“We’re within the technique of reviewing the opinion and we count on to ship a courtroom problem,” he advised the Mirror.

Shortly after Mayes issued her
opinion, the State Board of Schooling affirmed that it might neither
modify the instructing fashions at present in use throughout the state nor punish
colleges for implementing the 50/50 dual-language methodology. Making any
adjustments to at present accepted instructing fashions and even eliminating them
requires a majority vote of the board’s 11 members, which incorporates

“The Board is not going to be taking motion
to vary the accepted fashions,” Govt Director Sean Ross mentioned in an
emailed assertion. “The Board will even not take motion towards colleges
for utilizing the accepted fashions.”