SPI Horne Challenges Mayes and Hobbs Over Dual Language Programs

Arizona's education system is facing a legal dispute over dual language programs that teach students in both English and another language.

State Superintendent Tom Horne has filed a lawsuit challenging programs that provide students with instruction in subjects like math and science in languages such as Spanish or Chinese for part of the day, with English instruction comprising the remainder.

Program Details

There are dual language programs in certain school districts in Arizona. These programs are offered by districts such as Mesa, Chandler, Scottsdale, and many more. Throughout the school day, students in these programs study a curriculum in two languages.

The programs serve both students whose families speak languages other than English at home and English-speaking families who enroll their children in bilingual education.

However, Tom Horne argues these programs violate a 2000 voter-approved measure stating that students should be taught English through English-only instruction throughout the school day.

Legal Positions

Horne has named Governor Katie Hobbs and Attorney General Kris Mayes as defendants, claiming they have not enforced the voter-approved requirements.

The Attorney General's office maintains that current dual language programs comply with legal requirements because students receive adequate English instruction daily.

Reported by the Arizona Daily News, courts have rejected Horne's cases in the past, ruling that he is not authorized to enforce the opposed requirements by the legislation that is in place. To have the case reviewed, he has now petitioned the Arizona Supreme Court.

Educational Approaches

According to Horne, splitting up class time between languages affects students' ability to learn English and advance academically. He claims that the best approach is total immersion in English.

Dual language program advocates point to studies showing students excel academically while learning multilingual skills. They argue that maintaining native languages while learning English benefits student development.

In 2019, the legislature modified existing rules to allow more flexibility in English instruction delivery, permitting schools to organize English lessons differently while maintaining required instruction hours, as the recent report states. 

Whether or not current dual language programs can continue will depend on the ruling of the Arizona Supreme Court. Many currently enrolled students will be impacted by the decision.