Maricopa Judge Dismisses Dual Language Challenge For Lack Of Standing
By Staff Reporter |
The Maricopa Superior Court dismissed a challenge to a school district’s dual language program, citing lack of standing.
The plaintiff, Patricia Pellett, is a Scottsdale Unified School District parent, and not part of the district she challenged, Creighton Elementary School District (CESD). Arizona Department of Education (ADE) Superintendent Tom Horne’s wife, Carmen Chenal Horne, represented Pellett in the case.
Back in August, Horne said that it was irrelevant that Pellett didn’t have a child in CESD schools.
“Under a provision in the initiative that said that a student of any parent in the state could bring an action against any school district in the state that violates this initiative,” said Horne.
The challenge to CESD arose from Horne’s crusade against dual language programs. Horne’s aim is to have all schools teach only through immersion programs. Dual language models teach students subjects in languages other than English for part of their education, whereas immersion has students taught their subject matter entirely in English.
State law enacted through a voter initiative (Proposition 203 passed in 2000) requires that public schools teach the English language through English-spoken courses and English language classrooms, unless parents are eligible to provide prior written informed consent for bilingual education techniques or those educational methodologies permitted by law.
“[A]ll children in Arizona public schools shall be taught English by being taught in English and all children shall be placed in English language classrooms,” states the law.
Eligible circumstances include parents with children who already know English, older children, and children with special needs.
The Arizona State Board of Education has determined that parental waivers for immersion aren’t required, a finding affirmed by Attorney General Kris Mayes last year. Mayes published that opinion in response to a request on legal clarity from state representatives as to whether the language models used by seven school districts — Glendale Elementary, Kyrene Elementary, Phoenix Elementary, Mesa Public Schools, Laveen Elementary, Creighton Elementary, and Mexicayotl Academy — warranted corrective action by ADE.
Horne dismissed Mayes’ opinion as “ideologically driven” and not based in law.
Horne turned to Pellett to challenge schools’ dual language programs after Maricopa County Superior Court ordered Horne to pay over $120,000 in legal fees earlier this year.
The judge, Katherine Cooper, ruled that state law didn’t authorize Horne to ask the courts to rule on school district compliance with Proposition 203. Cooper ruled that only the State Board of Education possessed authority over dual language programs, citing the board’s responsibility for developing and approving immersion models. Cooper further declared that Horne had no justiciable claim, either, and ruled that parents and guardians had the power to file lawsuits to enforce the proposition.
“The school districts, like all public and charter schools, are required to follow a model as approved by the State Board,” ruled Cooper.
Horne’s response was to accuse the ruling as avoidant of the merits of the case. He reiterated that the voter-approved initiative (Proposition 203) required children to be taught in English.
With Horne’s continued challenges to the existence of dual language programs and advocacy for immersion programs, the Arizona School Boards Association says it will advocate for greater reliance on 50-50 models.
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