An Arizona judge has tossed out a lawsuit filed by the state's schools chief over programs used by some school districts to teach non-English speaking students. The suit, brought by Republican Superintendent of Public Instruction Tom Horne, claimed that dual language programs violated a 2000 voter-approved law that mandates teaching these students solely in English, as reported by ABC15.
In the decision, Maricopa County Superior Court Judge Katherine Cooper stated Horne lacked both the statutory authority and legal standing to bring the lawsuit, furthermore, he failed to state legal claims against Gov. Katie Hobbs, Attorney General Kris Mayes, and the 10 school districts named in the lawsuit. These districts were employing dual language programs where students divide their day between learning English and another language – a practice which Horne argued went against the will of the people. But Cooper disagreed, ruling that the districts in question were following state Board of Education-approved language immersion models, U.S. News reported.
In her ruling, Cooper outlined that "the State Board, not the School Districts, are responsible for developing and approving the immersion models," and that "The School Districts, like all public and charter schools, are required to follow a model as approved by the State Board." Additionally, neither Gov. Hobbs nor Attorney General Mayes are involved in the implementation or approval of these language models under the law in question, rendering them incapable of addressing Horne's demands for relief.
Last year, at the request of Arizona Democrats, Mayes issued an opinion that placed the authority to determine school compliance with state laws for English language instruction solely in the hands of the state Board of Education, rather than the superintendent. Horne's legal team contested this opinion, but Judge Cooper clarified, “An opinion by the Attorney General is just that, an opinion. It is not actionable. It is advisory and has no legally binding effect,” as reported by U.S. News.
Cooper also noted that the Legislature endowed the state Board of Education with the power to monitor and ensure that school districts adhere to both state and federal laws, and that Prop. 203 empowers parents and guardians to initiate lawsuits if they believe those laws are being flouted. Despite the setback, Horne has signaled his intent to appeal the ruling, and has revealed that a parent will bring forth a similar lawsuit which could impose more severe repercussions for the districts involved.
