Federal Judge rules Arizona English-learning law doesn't meet orders

[Harold F. Schiffman]

Published: 04.26.2006
Judge rules new English-learning law doesn't meet orders
PAUL DAVENPORT
The Associated Press

PHOENIX - A federal judge ruled Wednesday that a law passed by the
Republican-led Legislature revamping programs for students learning the
English language does not satisfy previous court orders. U.S. District
Judge Raner Collins ruled that the law doesn't fulfill his earlier orders
because it doesn't adequately fund English Language Learning programs,
fails to spell out the costs of providing those programs and doesn't
explain the basis for the funding that it does provide. Also, the state
law violates federal law by requiring subtractions for federal funding and
by imposing a two-year limit on funding for individual children, Collins
said.

Democratic Gov. Janet Napolitano opposed the Republican-drafted measure as
inadequate and vetoed three previous incarnations. However, she let the
latest version become law without her signature in hopes that Collins
would reject it and compel lawmakers to do more. Collins' latest order
comes after a federal appellate court issued a stay blocking orders he
issued in December and March fining the state for missing a January
deadline and distributing the money to public schools for ELL programs.
The state accrued $21 million in fines. The 9th U.S. Circuit of Appeals
issued the stay pending a decision on an appeal filed by state
Superintendent of Public Instruction Tom Horne, who requested the stay. A
lawyer for plaintiffs whose lawsuit challenged the adequacy of the state's
programs said Collins' order means that the fines will resume Thursday.
The appellate court's stay only blocked distribution of the fines, not
their accrual, Tim Hogan said. The fines had stopped accruing with the
March 2 passage of the law. The state still has the money it set aside to
pay the fines.

Collins heard arguments on the adequacy of the new law on April 10. Anther
judge, then-Senior U.S. District Judge Alfredo C. Marquez, ruled in 2000
that Arizona's ELL programs were inadequately funded, producing shortfalls
in such areas as teacher training, instructional material and class sizes
in violation of a federal law that requires equal opportunities in
education. The law, Collins wrote, "does not bear any rational
relationship to the cost of providing an ELL program, as originally
indicated by Judge Marquez, and it has added new hurdles to the mix." The
law would increase the state's supplemental funding for each ELL student
to $432 from the current $358 and also require school districts and
charter schools to use new instructional models to be approved by the
state. Districts and charter schools would be eligible for additional
funding but would have to subtract some federal dollars they already
receive. The law's supporters said it would reimburse schools for the
actual costs of ELL programs while ensuring that they use effective
methods of instruction. Opponents contended that the funding was
inadequate and that the subtraction of federal dollars was illegal.
Napolitano had sought a tripling of the current per-student funding.

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