The Arizona Supreme Court has declined to review a lawsuit filed by state schools chief Tom Horne against ten school districts over their dual language programs for English language learners. This decision, made on January 7, 2024, effectively concludes Horne’s extensive efforts to limit the adoption of dual language models in Arizona schools.
Horne’s lawsuit aimed to challenge the legality of schools allowing students to participate in dual language programs, where instruction is split between English and a second language, primarily Spanish or Mandarin. This push followed a series of actions by Horne, who has been vocal about his opposition to such educational approaches. In June 2023, he threatened to withhold funding from schools that did not adhere to English-only instruction for English language learners.
According to Kris Mayes, the Arizona Attorney General, Horne lacked the authority to eliminate the English immersion model that had been approved by the State Board of Education. In September 2023, Horne escalated the situation by filing a lawsuit against Governor Katie Hobbs, Mayes, and the ten school districts, seeking to enforce his stance against dual language programs. However, the Maricopa County Superior Court dismissed his lawsuit in 2024, ruling that Horne did not have the legal standing to pursue the case.
Horne subsequently appealed this decision, asserting that the Arizona Department of Education should have the capacity to sue schools that fail to comply with educational laws. Despite his arguments, both the Arizona Court of Appeals and the state’s highest court declined to hear the appeal, leaving Horne with limited options.
Horne expressed his disappointment, stating, “I think the Department of Education does have standing to sue.” He emphasized that the department is tasked with overseeing English language instruction, and it should have recourse against non-compliant schools. His legal challenges stem from the passage of Proposition 203 in 2000, which mandates that most English learners be taught primarily through English immersion programs.
In 2019, the Arizona Legislature, under then-Governor Doug Ducey, enacted a law that required the State Board of Education to broaden the options available for English language learners. Following this directive, the board introduced four new models, including dual language programs, to enhance educational offerings.
Following the Supreme Court’s refusal to hear Horne’s appeal, he became involved in another legal action against dual language programs, this time alongside Patricia Pellett, a parent from Scottsdale, as the plaintiff. Pellett’s lawsuit targets the Creighton Elementary School District in Phoenix, although she is not a parent of a student enrolled there. Horne argues that Proposition 203 allows any parent to enforce the initiative, regardless of their direct connection to the school.
Pellett’s case was also dismissed by a Maricopa County Superior Court judge, who ruled that she lacked the legal authority to sue. An appeal for this ruling is currently pending, adding further complexity to Horne’s ongoing legal struggles regarding dual language education in Arizona.
Mayes reiterated her position following the Supreme Court’s decision, stating, “A lot of taxpayer dollars could have been saved if the Superintendent had just followed that opinion.” This ongoing battle over educational policy reflects broader discussions about language instruction and the rights of English language learners in the state.
As the situation continues to evolve, the implications of these legal decisions will likely resonate throughout Arizona’s educational landscape, influencing how schools approach language instruction for years to come.
