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State Superintendent sues governor, AG over dual language learning

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PHOENIX — State Superintendent of Public Instruction Tom Horne is suing Arizona’s governor and attorney general over dual language learning.

A complaint was filed for a judicial declaration that all schools must obey a voter-passed and protected initiative that English language learners must be taught in English immersion rather than dual language.

Read the complaint below:

“A law passed by the legislature in 2019 has been interpreted by some as authorizing dual language instruction,” Horne said in a press release. “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.”

RELATED: Does Dual Language Learning satisfy Prop 203? Schools and parents want the Attorney General to decide

Creighton School District is also named in the complaint because Horne says they are “defying the law” and have a lower rate of learners becoming proficient in English than other districts.

Arizona’s top schools chief has been looking to crack down on dual language programs in schools, saying some of them are operating illegally.

Horne refers to Prop 203 which voters passed in 2000, specifically pointing to a certain provision.

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, the provision reads.

Horne says he knows certain schools are violating the law because he talked with people involved in the program and those who administer the English immersion program in those schools.

A representative with Creighton School District provided the following statement to ABC:

It was brought to our attention through social media that Creighton School District, Governor Hobbs, and AZ Attorney General Kris Mayes are being sued by Superintendent Tom Horne over the use of a Dual Language Immersion model, which was approved by the State Board of Education as a model for English Language Development. We are working with our legal counsel on this matter.

We always strive to do what is best for our kids. We will continue to support parent choice and the programs that are supported by our community and families.