PHOENIX — In less than a week, some Arizona students will be heading back to class. And with the start of the new school year, comes the uncertainty of funding for some public schools.
On Thursday, parents and lawmakers called on Attorney General Kris Mayes to issue an opinion on whether schools can use one of four dual language programs approved by the Arizona Board of Education or abide by a voter initiative, passed in 2000, that mandates structured English immersion.
"I refuse to sit here and allow other lawmakers like Tom Horne politicize this into something that's bad," said Tucson State Representative Alma Hernandez, one of the lawmakers who attended the rally.
Hernandez, like the people who went to the Capitol, wants schools to be able to teach dual language programs without conditions.
In 2019, the legislature passed SB 1014. It reduced the number of minutes students are required to be in a structured English language setting, allowing students to spend half their day being taught in English and the other half in their native language.
"I have two priorities," said Horne. "Follow the law, and, number two, do what's best for the student academically.
Horne says most dual language programs aimed at teaching students English are not working. He is threatening to cut funding to schools that insist on using it.
Horne says the voter initiative trumps any bill passed by the legislature.
"They violated a voter-approved initiative which neither the state board nor the legislature has a right to violate," he said.
State Senator Christine Marsh says after meeting with representatives of the State Board of Education, she believes Horne does not have the authority to defund schools.
"As of right now, it appears that what he's claiming he can do, he can't actually do," Marsh said.
What Senator Marsh, Superintendent Horne and schools are waiting for is an opinion from Attorney General Kris Mayes on how they can proceed.
If Mayes rules in favor of the dual language model, Horne promises to challenge it in court.