A federal judge overstepped his authority in ordering Arizona lawmakers to provide more funds to teach English to students statewide, the U.S. Supreme Court ruled today.
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Justice Samuel Alito, writing the majority decision, said the 1992 lawsuit was filed by parents in the Nogales Unified School District who said their children were not getting a proper education because they weren't being taught English. He said what is happening now in Nogales should be the primary focus of whether the state is complying with the law.
Thursday's ruling does not make what is occurring elsewhere in Arizona totally irrelevant. But Alito said U.S. District Court Judge Raner Collins cannot order the Legislature to provide more funds for students known as "English language learners'' unless he gets evidence that school districts throughout the state are in violation of that federal law.
Attorney Tim Hogan who represents the parents who filed the original lawsuit, said he believes he can show that now that the case goes back to Collins. As proof he cited statistics just released by state School Superintendent Tom Horne which showed that 29 percent of ELL students passed the exam this year showing they are now proficient.
"I know the superintendent likes to think that is a success, but only in his mind,'' Hogan said. "When you only reclassify 29 percent of the students on a yearly basis, I don't know how you can say the program's working.''
Horne, however, said Hogan is wrong, both on the facts and what the law requires.
He said that federal law requires only that states take "appropriate action'' to help students become proficient. And he said that 29 percent reclassification figure that Hogan mocks provides that proof, saying the figure is much higher than exists in other states.
Horne also said the ruling does not mean the state will now start spending less that it has on programs designed to teach English to students who come to school speaking another language. He said the amount now being provided by the state -- about $365 for each of the approximately 143,000 students classified as an "English language learner,'' plus additional money to some districts -- is appropriate.
"The only thing is, we don't have the plaintiffs able to go into court and say we should spend hundreds of millions of dollars more,'' he said.
But Attorney General Terry Goddard, who has sided with Hogan, said he still believes that the refusal of the state to spend more money on programs for English language learners puts Arizona at risk of losing federal funds. Goddard said he intends to make those arguments in future hearings before Collins.
But Alito, in writing the decision, specifically faulted Collins for his focus on money.
The trial judge repeatedly ordered the Legislature to spend more, often backing up those orders with threats of penalties in the multiple millions of dollars. And much of what he ordered was upheld by the 9th Circuit Court of Appeals.
"The Equal Education Opportunity Act, while requiring a state to take "appropriate action to overcome language barriers,'' leaves state and local authorities a substantial amount of latitude in choosing how this obligation is met,'' Alito wrote.
"Of course, any educational program ... requires funding,'' the justice continued.
"But funding is simply a means to an end,'' Alito said. "By requiring (lawmakers and the school superintendent) to demonstrate 'appropriate action' through a particular funding mechanism, the Court of Appeals improperly substituted its own education and budgetary policy judgments for those of the state and local officials to whom such decisions are properly entrusted.''
What the high court also concluded is that Collins spent too much time focused on the original 2000 court order to spend more money and not enough time looking at whether Arizona is doing a better job now of teaching English. And Alito said there is a lot of evidence the situation has changed in the last nine years.
The most significant, he said, was voter approval in November 2000 of a law which mandated statewide imposition of "structured English immersion'' classes for those youngsters who are not yet proficient.
That essentially requires classes to be taught primarily in English, with students who need it given separate instruction in learning the language. That was designed to replace practices in many districts of bilingual education, where core classes were taught in a student's native language.
"Research on English language learner instruction indicates there is documented, academic support for the view that structured English immersion is significantly more effective than bilingual education,'' Alito wrote.
In a prepared statement, Gov. Jan Brewer said she sees Thursday's ruling as supporting the principle that "Arizonans, and not federal judges, should determine the success of English language learner programs in Arizona public schools.''
Alito also took a slap of sorts at both Goddard and former Gov. Janet Napolitano, though he did not identify either by name.
"The record strongly suggests that some state officials have welcomed the involvement of the federal court as a means of achieving appropriations objectives that could not be achieved through the ordinary democratic process,'' he wrote. Both Napolitano and Goddard sided with the Hogan and the plaintiffs in this case, urging the courts to uphold orders mandating more spending.
Comments
Guitar Picker wrote on Jul 31, 2009 1:54 PM:
The reason this has not happened is not the fault of students, parents or teachers. The fault lies squarely on the Republican legislature and their refusal to fund public education as the number one priority that it is. There is some responsibility that does belong to all school boards and school administrators for the last forty years. They have not shown the outrage that this issue demands. They should have gathered as a group long ago and gone to Phoenix to knock on those Republican doors. Be proactive. Be creative. The Arizona School Boards Association will never do it for them. "
Michael wrote on Jul 25, 2009 4:34 PM:
Ricardo wrote on Jul 9, 2009 5:13 PM:
TOJOSE wrote on Jul 7, 2009 10:56 PM:
Jose wrote on Jul 3, 2009 5:32 PM:
Martin wrote on Jul 2, 2009 7:06 PM:
Billy wrote on Jun 26, 2009 7:25 PM: