Daniel Gonzalez
Arizona Republic
Arizona Schools Chief Tom Horne does not have the authority to withhold funding from schools that offer dual language programs, Attorney General Kris Mayes said in a legal opinion issued Monday, a blow to Horne’s efforts to bar English learners from enrolling in the programs.
The Attorney general’s opinion clears the way for Arizona schools to continue allowing English learners —students not yet proficient in English — to participate in dual language programs just days before the new school year begins in many districts.
Horne, a Republican, blasted the opinion by Mayes, a Democrat, as a partisan decision that overrules the will of Arizona voters who passed Proposition 203, a ballot initiative that requires English learners be taught only in English unless they obtain waivers.
“A dual language program without waivers is an obvious violation” of the law “to anybody who can read English,” Horne said in a written statement.
Horne also suggested he will counter with legal action and raised the specter that parents may file lawsuits to stop schools from allowing English learners to participate in dual language programs without waivers.
Supporters of dual language programs, meanwhile, praised Mayes’ opinion.
