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Daniel Gonzalez
Arizona Republic
As part of his battle against dual language programs, Superintendent of Public Instruction Tom Horne has invited parents to file lawsuits against school officials that implement the programs without parental waivers for English learners.
In response, Attorney General Kris Mayes is telling school officials not to worry, saying they can’t be held personally liable for implementing dual language programs based on a model approved by the state Board of Education.
It’s the second time Mayes, a Democrat, has slapped down attempts by Horne, a Republican, to attack dual language programs in what is turning into a political battle over whether the programs violate Proposition 203, a voter initiative passed in 2000 that requires English learners to be taught only in English.
Horne contends that parents can file lawsuits against school officials for implementing dual language programs because he claims they violate the state’s law requiring English learners only be taught in English unless they have received parental waivers exempting them from services.
In a letter to all 15 county attorneys dated July 24, Mayes disputed Horne’s claim.
She said school officials are only liable if they refuse to implement terms of a law. Because the dual language model has been approved by the state Board of Education, implementing dual language programs does not amount to refusing to abide by Proposition 203, Mayes states.
“Implementing the Dual Language Model, which has been duly approved by the State Board of Education, is not a ‘refusal’ to implement the applicable statutes,” the letter states.
