PHOENIX — Marisol Garcia called it. As the president of the Arizona Educators Association, Garcia told 12 News last month an edict issued by State Superintendent Tom Horne involving dual language learning would not be enforceable.
Horne issued a letter in June warning schools would lose funding if they continued a business-as-usual approach to its dual language programs.
Horne said elementary age students needed to prove they were proficient in English in order to participate in the dual language program, citing a memo from attorneys at the state legislature concluding the existing policy likely violates Arizona law.
But Arizona State Attorney General Kris Mayes had not yet issued an opinion on the matter, and the State School Board was silent as well. The existing policy was enacted after a law passed by the state legislature in 2018.
Garcia balked at Horne’s announcement, saying only the State Board of Education, voters, or the legislature had the power to alter requirements of the program.
“He (Horne) says a lot of stuff that has no weight to do it,” Garcia said at the time.
According to an opinion by Arizona Attorney General Kris Mayes this week, “Arizona law is clear that the Board has the sole authority to eliminate or modify an approved SEI model” and “determine whether a school… has failed to comply with the Arizona law governing English language learners.”
According to AZ Mirror the state board indicates it will not change “approved models” or take action against schools for using those models. A spokesperson for Horne told the publication the superintendent is preparing to sue schools that teach English learners in a foreign language without a parental waiver.
Horne’s announcement rattled the education community, coming just weeks before the new school year. Administrators, teachers and parents were in limbo, unsure if the policy outlined by the State Legislature was in effect, or if Horne’s declaration should be followed.
Two protests featured parents from around the state, passionately defending the dual language model for giving equal access to English speakers and non-English speakers.
Now advocates are trying to get the word out to clear up confusion.
“We will now turn our attention to communicating this vital information to all school districts impacted, ensuring they understand that they are protected, and the Dual Language programs for their students can continue without fear,” said Daniel Hernandez, Government Affairs Director at Stand for Children Arizona.
On Tuesday, the Executive Director of nonprofit labeled Horne’s announcement as “unlawful.”
“We applaud the upholding of the rightful authority of the Arizona State Board of Education to be the sole decision maker on instructional models that were designed to serve English Learners,” said Rebecca Gau, Executive Director of Stand for Children Arizona, in a written statement. “We will maintain our vigilance over Superintendent Horne to ensure he does not continue to distort the law in his misguided and unlawful behavior.”
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