Parent files lawsuit defending English as language of the classroom

For immediate release: March 19, 2024
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Parent files lawsuit defending English as language of the classroom

Horne notes action has potentially “draconian” outcome for school board members

PHOENIX – A Phoenix-area parent of a public-school student has filed a lawsuit challenging the Creighton Elementary School District’s use of dual language instruction in violation of a voter approved law requiring English Learners to be taught in English the entire school day.

State schools superintendent Tom Horne is not party to the lawsuit but notes that if it is successful, the consequences for the district’s elected school board members are significant.

Horne said, “Each member of the Creighton Elementary school board will be compelled to leave the board immediately and will not be able to hold a position of authority in Arizona public schools for five years if the court agrees that they are violating the voter-approved Proposition 203. The law includes this penalty to ensure that schools take the law seriously. Despite these draconian consequences, the evidence is clear that the Creighton District is violating the will of the voters by using dual language programs. The clear mandate of the law is that English Language Learners be taught English by immersion throughout the day and all school districts must follow the law.”

He added, “When I sued the Governor and Attorney General for their failure to enforce this law, all I requested was a judgment that the intent of the law is clear and must be enforced. The suit was dismissed because some years ago the legislature authorized certain departments to sue and be sued, and the Department of Education was not one of them. My argument, on which we are appealing, is that there was an implied authorization because I was given many duties to oversee education of English language learners. But I also warned that if my lawsuit was unsuccessful, it would pave the way for any parent of any public school in Arizona to file another lawsuit that would result in these draconian penalties. That day has come.”

A copy of the lawsuit is attached.

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