Arizona schools chief, Attorney General's Office trade more barbs over English learners

Tom Horne, Arizona's superintendent of public instruction, continues to insist that under a voter-approved state law, English learners cannot enroll in dual language immersion programs unless they have received waivers exempting them from receiving English acquisition services.

Horne claims there are several school districts that have defied the voter-approved state law, Proposition 203, among them some of the largest in the Phoenix area: the Mesa Public Schools, the Kyrene School District, the Avondale Elementary School District and Chandler Unified School District.

The accusations were contained in a letter Horne sent Monday, Aug. 14, to Kevin Ray, a section chief counsel in the Attorney General's Office.

Horne, a staunch proponent of English-language immersion, was responding to an email Ray sent on Aug. 11. In the email, Ray said the Attorney General's Office continues to receive complaints from school districts that the Arizona Department of Education is requiring waivers for any English learners to enroll in dual language immersion programs.

As Attorney General Kris Mayes said in an official legal opinion she issued in July, waivers are not required for English learners who enroll in dual language immersion programs based on a model approved by the State Board of Education in 2020 for teaching English learners, Ray wrote.

If the Arizona Department of Education is requiring waivers for English learners to enroll in state Board of Education-approved dual language programs, then it is "acting contrary to law," Ray said.

The Arizona Department of Education risks facing legal action and a loss of federal funding if it continues to require waivers for English learners to participate in dual language programs, Ray warned.

"If the Department continues to place barriers in front of schools and their students trying to register for (dual language immersion) classes, like requiring waivers... the Department’s actions exposes the Agency (and potentially individuals) to legal liability," Ray wrote.

"In addition, such actions by the Department could lead to the potential reduction or loss of targeted federal Title III funding designed to improve ELL teacher and student performance in public schools. If public schools forego coding these students due to this unlawful requirement, there will be a loss of Title III funding. Losing some of this funding would reduce ADE’s set aside funding, which could impact the agency directly," Ray wrote.

Horne remained defiant, insisting that English learners — students not proficient in English — cannot participate in dual language classrooms without waivers under Proposition 203.

Proposition 203 specifically states that “all children in Arizona public schools shall be taught English by being taught in English, and all children should be placed in English language classrooms,” Horne wrote in his letter to Ray.

"The voter-protected initiative is not subject to being overruled by the Attorney General, the State Board, or anyone, including me. I must faithfully execute the law as it is written," Horne said.

Staying true: Tom Horne doubles down on discipline in Arizona classrooms during educator training sessions

Horne has threatened to direct the State Board of Education to withhold education funding from schools that allow English learners without waivers to enroll in dual language programs, an action the Board said it would not do based on Mayes's July legal opinion.

In his letter to Ray, Horne called Mayes' legal opinion "vacuous" because in it Mayes declined to say whether the dual language immersion model approved by the State Board of Education in 2020 complies with Proposition 203.

"You say we have erected barriers. It is not erecting a barrier that I have urged school districts to not violate the law," Horne wrote.

Horne, a Republican, campaigned to uphold Proposition 203. Since taking office in January, his office has increasingly ramped up efforts to prevent the state's 93,000 students classified as English learners from enrolling in dual language programs unless they have received waivers exempting them from receiving English acquisition services. Under federal law, schools are required to provide English learners with equal access to education to prevent them from falling behind academically while acquiring English.

Horne contends that English learners acquire English the fasted through English-only immersion programs and maintains that dual language programs hinder them from mastering English well enough to succeed academically and in life.

Critics, however, argue that a one-size-fits-all English-only immersion approach does not suit all students and undermines parental choice. Critics also contend that data shows that English-only immersion programs are less effective at teaching English than dual language programs, which have the added benefit of preserve students' first language.

Opposition: Arizona dual language education supporters demand Tom Horne allow all students to participate

Horne's stance has put him at odds with Mayes and Gov. Katie Hobbs, both Democrats, as well as lawmakers from his own party.

English learners in Arizona consistently score the lowest among all demographic groups on standardized English and math tests.

In 2019, the Republican-controlled legislature unanimously passed, and Gov. Doug Ducey, a Republican, signed, legislation that directed the state Board of Education to come up with new models intended to give schools more flexibility under Proposition 203 in teaching English learners. The legislation was approved after data showed that English learners in Arizona were not learning English and falling behind academically under the old model, which required students to receive four hours a day of English-only immersion instruction while segregated from English speaking peers.

The Board in 2020 came up with four new models, three based on English-only immersion, and a dual language model where English learners mixed with English speakers spend half the day learning in English and half the day learning in a second language, typically Spanish. Some school districts also offer dual language programs in Mandarin Chinese.

On Aug. 1, Hobbs visited two schools, one on the Kyrene school district, and one in the Chandler school district, to show her support for dual language programs, including the participation of English learners.

Horne referenced both school districts Monday in his letter to the Attorney General's Office, in addition to the Avondale and Mesa school districts as possibly being in violation of Proposition 203 for allowing English learners to participate in dual language programs.

The Arizona Republic reached out to all four school districts seeking comment but did not receive a response from any of them.

This article originally appeared on Arizona Republic: Arizona schools chief Tom Horne remains defiant on dual language stance