Schools chief Horne sues state, district to end dual-language program for English learners
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Corrections & Clarifications: Margaret Garcia Dugan, now Tom Horne's deputy superintendent, helped write the 2000 English-only immersion ballot initiative known as Proposition 203. The writer of the ballot initiative was incorrect in a previous version of the article.
Arizona schools chief Tom Horne has filed a lawsuit that seeks to block schools from offering dual language programs that include English learners.
Dual language programs, in which students spend half the day learning in English and half the day learning in Spanish or some other language, have gained popularity in Arizona schools since a law was passed in 2019 intended to give schools more flexibility to teach English learners.
Horne, however, contends that under a ballot measure passed by voters in 2000, English learners in Arizona can only be taught in English, and therefore, Horne says, they are not allowed to enroll in dual language programs unless they have obtained waivers.
Critics say the waivers essentially exclude English learners from enrolling in dual language programs.
More than 90,000 students in Arizona are classified as English learners — students who speak another language at home and are not yet proficient in English.
The lawsuit names Gov. Katie Hobbs, Attorney General Kris Mayes and the Creighton Elementary School District as defendants. The Creighton Elementary School District was named as a defendant because it is offering dual language programs to English learners without waivers.
The district, Horne said in his statement, "is among the handful of districts defying the law established by the voter approved and protected initiative."
Creighton district spokesperson Emily Waszolek said the district learned about the lawsuit through social media. She pointed out that Horne is suing the district over a dual language immersion model that was approved by the state Board of Education as a model for English language development.
The district is working with legal counsel to address the matter, she said.
"We always strive to do what is best for our kids," Waszolek said in a written statement. "We will continue to support parent choice and the programs that are supported by our community and families."
Horne's lawsuit was filed Wednesday in state Superior Court in Maricopa County on behalf of the Arizona Department of Education by the Phoenix law firm Wilenchik & Bartness.
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The 2019 law passed unanimously by the Republican-controlled state Legislature and signed by Gov. Doug Ducey, a Republican, directed the state Board of Education to come up with new models to teach English learners. The law was crafted in response to data that showed that English learners in Arizona were not learning English and falling behind academically under the previous English-only model, supporters have said.
In response to the legislation, the board in 2020 created four new models for teaching English learners, including a dual language model.
In a written statement, Horne contends that the law passed by the Legislature has been incorrectly interpreted by some as authorizing dual language instruction for English learners.
"This is incorrect because the voter-protection law is part of the Arizona Constitution and any change to a voter-protected initiative must further the purpose of what voters intended. Dual language instruction is the opposite of the initiative's purpose," Horne said in the statement.
Horne is a staunch supporter of English-only immersion instruction for English learners. His current Deputy Superintendent Margaret Garcia Dugan helped write the 2000 English-only immersion ballot initiative known as Proposition 203 and co-chaired the English for the Children group that advocated for the measure's passage.
"The fundamental purpose of the initiative is that students be taught throughout the school day in English, so they become proficient in English quickly, and can succeed academically, and not that they be taught half a day in another language, which would stunt their ability to master English," Horne said in a statement.
However, Arizona Department of Education data shows that many English learners are not learning English quickly in English-only immersion programs.
In 2022, about 29,000, or 31%, of the 95,000 students who took an English proficiency test were "long-term English learners" who had taken the test for five or more years but were unable to pass, according to the data.
Over the summer, Horne's administration changed the criteria to make it easier for English learners to pass the English proficiency test. Horne's administration said the change is aimed at moving students who have attained proficiency into mainstream classrooms. But critics worry Horne is trying to make it seem that his renewed emphasis on English-only immersion is working.
English learners make up about 9% of the state's 1.1 million K-12 students attending publicly funded schools. The vast majority of the state's 95,000 English learners are Latino students whose first language is Spanish. Their scores on reading and math tests are the lowest of any demographic group.
In August, Hobbs visited an English-Spanish program at the Kyrene de los Lagos Dual Language Academy in Ahwatukee Foothills and an English-Chinese Mandarin program at Tarwater Elementary School in Chandler to show her support for dual language education education, including the inclusion of English learners, though most of the students who participate in those programs are fluent English speakers whose parents want them to learn a second language.
Hobbs' office released a statement Thursday in response to Horne's lawsuit reiterating the governor's support for dual language programs.
“Dual language programs are critical for training the workforce of the future and providing a rich learning environment for Arizona's children. Governor Hobbs is proud to stand by dual language programs that help ensure the next generation of Arizonans have an opportunity to thrive," the statement said. "She will not back down in the face of Superintendent Horne's lawsuit."
The Attorney General's Office is reviewing the complaint, spokesperson Richie Taylor said.
In July, Mayes issued an official legal opinion stating that Horne did not have the authority to withhold funding from schools that offer dual language programs to English learners, as Horne had threatened to do.
The opinion also stated that no waivers are needed for English learners to participate in dual language programs based on the model approved by the state Board of Education.
Daniel Gonzalez covers race, equity and opportunity. Reach the reporter at daniel.gonzalez@arizonarepublic.com or 602-444-8312. Follow him on X, formerly known as Twitter: @azdangonzalez.
This article originally appeared on Arizona Republic: Schools chief files lawsuit against dual language programs in Arizona
