Maricopa Judge Dismisses Dual Language Challenge For Lack Of Standing

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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Arizona Receives $34.8 Million Grant For Building New Charter Schools, Improving Existing Ones

Arizona Receives $34.8 Million Grant For Building New Charter Schools, Improving Existing Ones

By Matthew Holloway |

Arizona’s charter schools are about to receive a fresh infusion of taxpayer dollars in a federal grant from the United States Department of Education. The grant is expected to fund the establishment of two dozen new charter schools and bolster another 23 already in operation.

As reported by The Center Square, the state of Arizona has received approximately 24% of the $143 million awarded across the nation by the Expanding Opportunities Through Quality Charter Schools Program, a total of about $34.8 million. The outlet noted that although the funding originates from fiscal 2024 it will be distributed in annual disbursements through 2029.

In a press release from the Arizona Department of Education (ADE), Superintendent of Public Instruction Tom Horne said, “I am extremely pleased that we have received this federal grant that will create 24 new high-quality charter schools and help another 23 existing schools with models and practices that result in academic growth. I want to commend the department staff who competed for this funding. Their work has resulted in the state receiving the largest recipient of this grant, per capita, in the country.”

Horne added, “Arizona is the leader in the country on school choice and charters are a major component of that. These dollars will serve a vital purpose in making sure that an estimated 10,000 students in traditionally underserved areas will have a chance to select a high-quality charter school. Every student in every part of our state, urban or rural, rich or poor, deserves this opportunity and I am very pleased to be a part of this effort.”

Speaking with AZ Capitol Times, Horne explained Arizona’s long-term history of fostering charter schools saying, “The charter schools in Arizona go back to the 1990s.” Then, he noted that as a state legislator, he championed charter schools and their purpose. “Even a good district school may not necessarily meet the needs of all the students,” Horne told the outlet. “And so the parents should have the ability to find a school that does meet those needs.”

In the release, ADE stated that it has already begun work on the upcoming project “which aims to increase the number of high-quality charter schools focusing on educationally disadvantaged students.” It added that such students are identified by their economic disadvantage, disability status, as non-English speakers, and as “other demographic groups.”

The statement outlined the grant’s purpose stating:

“The grant also seeks to close achievement gaps in academic scores, provide technical assistance to educators to improve teaching and learning and encourage dual or concurrent enrollment in college level courses. The expectation is that students will experience at least one year of academic growth on state tests for math, reading and language arts with a long-term measurement of cumulative three-year growth.”

At present, approximately 560 charter schools are in operation throughout Arizona serving about 231,000 students. The Center Square report cited the Arizona Charter Schools Association. Under Arizona law, all charter schools are open enrollment and as a result enjoy wide adoption. The outlet reported that the California Department of Education, Colorado League of Charter Schools, New York State Education Department, Utah Association of Public Charter Schools, and Rhode Island Department of Education also received 2024 grant funding as well.

Matthew Holloway is a senior reporter for AZ Free News. Follow him on X for his latest stories, or email tips to Matthew@azfreenews.com.