PHOENIX — There's a battle in the courtroom over how second languages are being taught in schools, specifically for those students whose first language is not English and are still learning it.
State Superintendent Tom Horne appeared in court with his attorneys as he sued Governor Katie Hobbs, Attorney General Kris Mayes and several school districts over what he believes are schools illegally teaching 50-50 dual language immersion programs.
The lawsuit was filed back in September and oral arguments were heard in court Friday morning. The defendants – Hobbs, Mayes and school districts – are trying to dismiss the lawsuit, saying Horne can't sue over this. The defendants told the judge they are the wrong entities to be sued and, instead, it should be the Arizona State Board of Education, which Horne is a member of.
Horne said he talked with other members of the State Board of Education and said it would be "ridiculous" for him to sue them as they told him they'd follow what the court says. ABC15 reached out to the State Board of Education for comment but did not receive a response in time.
"The state board has the authority and expertise to decide what types of English language learner models comply with Proposition 203," said Robert Haws, the attorney representing the school districts.
"Whether a school is not in compliance is ultimately a question for the state board to decide," said the attorney representing Attorney General Mayes.
Horne specifically points to a provision in Proposition 203, which was passed in 2000, that reads: "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."
A few years ago, the legislature passed a law that reduced the number of minutes students are required to learn in English.
"This is not political or racist or anything else. I want those children to be taught in English as do many other parents who voted on this proposition because that’s the language of our nation and that's the language of commerce and they need to learn that language fully to be fully efficient and productive for their benefit," said Dennis Wilenchik, the attorney representing Tom Horne in court.
Horne says schools are violating the law when students, who are not proficient in English yet, are learning another language.
"The only reason for people to be against it is because it interferes with their ideology, but if you look at the interest of the students and compliance of the law, the students need to be in structured English immersion, master the English language and then I'm in favor of them learning all the other languages," Horne said.
"Nothing in the proposition, nothing in the statutes requires that English language learners be taught all day, every day, in every single class in nothing but English. The suggestion to the contrary is ridiculous, nonsensical," Haws said.
Parents taking part in dual immersion hope the programs won't be impacted if the court decides to favor Horne.
"It just seems like a very overarching decision that is being made for parents instead of parents deciding for themselves what they want to do with their learners," said Shelley Treadaway, whose three students are in a dual language immersion program.
Horne said he plans to appeal if the judge doesn't rule in his favor. He also adds that districts and school boards may face other repercussions from parents who can sue schools for not following that law, which Horne said he's in contact with parents who would want to file lawsuits.
The judge said she would issue a decision "as soon as possible," but a timeline was not given.
