Arizona Dual-Language Education Lawsuit 2023: Horne vs Bilingual Teaching Methods

Arizona's Education Showdown: The Battle Over Dual-Language Teaching Methods

Date: November 21, 2023

In the educational landscape of Arizona, a legal battle has emerged, spotlighting the contentious issue of dual-language instruction for immigrant students. The central figure in this dispute is Tom Horne, Arizona's Superintendent, who has challenged the legality of this teaching model. This article delves into the complexities of this legal challenge and the responses from various stakeholders in Arizona's educational system.

The Core of the Controversy:

At the heart of this legal debate is the 50-50 Dual Language Model, an approach where students spend half their day learning in English and the other half in their native language. This model, one of four approved by the State Board of Education, has seen increasing adoption across Arizona, with over 26 districts implementing it. Horne, a long-standing critic of bilingual education, asserts that this model contravenes state law.

Historical Context:

Rewinding to 2000, Arizona voters passed Proposition 203, mandating English-only immersion for English Language Learners (ELLs), with limited exceptions. However, in 2009, facing ELL students' underperformance, legislators empowered the State Board of Education to adopt alternative teaching models, including dual-language instruction.

Legal Arguments and Responses:

Horne's legal argument hinges on the claim that the 2019 law enabling dual-language instruction violates the Voter Protection Act. In contrast, Governor Katie Hobbs, Attorney General Kris Mayes, and implicated school districts contend that Horne lacks both the authority and the appropriate defendants in his lawsuit.

State Superintendent’s Role Questioned:

The Attorney General's office emphasized that the Superintendent's role is administrative, not legal, in nature. This distinction forms the basis of their motion to dismiss Horne's lawsuit.

Governor and Schools’ Standpoint:

Governor Hobbs and the school districts argue against Horne's legal stance, highlighting that the State Board of Education, not included in the lawsuit, is the actual authority on educational policy. They assert that Horne's challenge is legally flawed and politically motivated.

The Future of Dual-Language Instruction:

As the debate continues, the fate of the 50-50 Dual Language Model hangs in the balance. School districts maintain that the model aligns with Proposition 203's original intent, focusing on increasing English literacy among students.

EducationLawyers.com

This legal confrontation in Arizona is more than a dispute over teaching methods; it's a reflection of broader debates about language, culture, and education in America. As the court deliberates, the outcome will have significant implications for the future of bilingual education in Arizona and potentially beyond.

[Author's Note: This article is adapted and expanded from an original report by Gloria Rebecca Gomez at AZ Mirror. For more detailed coverage, visit their website.]

Montgomery LawComment