A federal judge is hearing arguments this week over whether the state is complying with federal laws to help students learn English.
Attorney Tim Hogan who represents a group of Nogales parents who first sued in 1992 wants U.S. District Court Judge Raner Collins to conclude Arizona is not meeting its obligation under the Equal Education Opportunity Act. That requires states to ensure that all students have an opportunity to learn, an opportunity that specifically requires states to take "appropriate action" to help them become proficient in English.
Another federal judge ruled in 2000 that the state was not meeting that obligation.
Since that time, Collins has said various plans being presented by the state to come into compliance have fallen short. He also imposed fines, though these were subsequently dismissed.
Last year, though, the U.S. Supreme Court said Collins overstepped his authority by taking the evidence of how well students were performing in Nogales, where the suit originated, and then ordering Arizona to do more statewide. The justices told Collins his prior orders for the state to spend more to help the more than 100,000 "English language learners" cannot stand unless he gets evidence of statewide violations.
Hogan claims to have that evidence. The hearing, which started Wednesday, is his chance to present that proof.
One issue is the state's program putting English learners into separate immersion classes for four hours a day. Hogan said that amounts to illegal segregation which can have "harmful and pernicious effects" which can be "permanent and irreversible."
But state Superintendent of Public Instruction Tom Horne said the program is working. He cited figures showing a 30 percent increase in reclassifying students from learners to being English proficient.
Horne also said the U.S. Supreme Court, in a different case, has said schools can separate kids "if it's for a limited time and for a valid educational purpose."
Hogan also contends Horne altered the program so that fewer children qualify for the special help. Horne said that's not the case.
And Hogan is objecting to a "cumulative scoring" provision in the test used to determine proficiency. He said that means a student who does well on the oral part of the exam can be judged proficient even if that youngster fails the reading and writing sections.
samkat posted at 8:31 pm on Wed, Sep 1, 2010.
I have to wonder how much Tim Hogan is personally benefiting by prolonging this law suit.
Doodad posted at 6:27 am on Thu, Sep 2, 2010.
Has anyone bothered to find out why the parents don't make the children speak English when they're out of school ?
brainfreeze posted at 7:50 am on Thu, Sep 2, 2010.
Doodad: Probably because their parents do not speak English. I don't know why it"s up to the schools (taxpayers) to teach them English.
ofuque2 posted at 8:31 am on Thu, Sep 2, 2010.
First, wouldn't allowing the Mormon children to leave school during the day to attend religious classes in their own building also be discriminatory? Also, they are correct in looking at the entire state. They should also be looking at other states near us. We should not have to spend more than the average amount spent by all states to educate non-English speaking students. Our school taxes are being used for this purpose at a much higher rate than other states with fewer illegals. Once we reach the average amount, the federal government should have to start donating to the cause. If they would close the border and start letting us enforce SB1070 this problem would go away over time. Why not make it a law that English has to be spoken in the student's homes? If they leave school and go back to a Spanish-only household, it just undermines what they have been taught.
ConcernedNaz posted at 8:45 am on Thu, Sep 2, 2010.
In Mesa, I have a neighbor that has been here for 10 years. Father IAI (Illegal Alien Invader), mother hispanic (legal), child- born here and at 5 years old, off to school, a school that is 98% hispainc, NOT ONE WORD OF ENGLISH!!
I ask the mother why? she said "that is the schools job"
I was in the doctors office and same thing, kids running around, talking in mex, ask moms why? "we don't want them to lose their heritage,its the schools job, and besides they will pick up English very quickly."
Masterrogue666 posted at 9:09 am on Thu, Sep 2, 2010.
Doodad: How much you want to bet that either one or both parents are ILLEGAL ALIENS. Or further, since this was done in Nogales, the "students" cross the border to get education.