Federal

Arizona Starts Accruing Big Fines in Lawsuit Over English-Learners

By Mary Ann Zehr — January 31, 2006 3 min read
  • Save to favorites
  • Print

Arizona began accruing fines of $500,000 per day last week after Gov. Janet Napolitano and state legislators failed to meet a federal court’s deadline for reaching an agreement on how to increase funding in public schools for the education of English-language learners.

The governor and legislators missed the Jan. 24 deadline set by U.S. District Judge Raner C. Collins in a December 16 ruling on a 14-year-old lawsuit, Flores v. Arizona, concerning the education of Arizona’s 160,000 English-learners. In that ruling, Judge Collins wrote that the state had to find a way to pay for an adequate education for English-language learners or face fines of $500,000 per day.

Under that ruling, the fines would increase to a maximum of $2 million per day if the issue remains unsettled at the end of the current legislative session this spring. (“Arizona Gets Ultimatum on Aid for English-Learners,” Jan. 4, 2006.)

Court Pressure

A federal court gave the Arizona legislature until Jan. 24, or 15 days after the start of the 2006 legislative session, to adequately fund education programs for English-language learners.

Jan. 9, 2006
Beginning of 2006 legislative session

(15-day grace period)

Jan. 24 -- $500,000 per day

Feb. 23 -- $1 million per day

March 25 -- $1.5 million per day

End of 2006 legislative session
$2 million per day

SOURCE: U.S. District Court for the District of Arizona

Last week, state officials and legislators were debating what should happen with the money from the fines at the same time that legislators continued to try to come up with a bill that the Democratic governor would sign.

In the most significant development as of late last week, Judge Collins told the parties involved in the lawsuit during a Jan. 26 telephone conference call that the fines should be paid immediately and would go into a fund to benefit Arizona’s English-language learners. He gave the parties until Jan. 31 to submit plans on how those funds should be distributed. The judge also invited the legislature, which is not a defendant in the lawsuit, to also submit a plan to the court on the issue.

The lawyer for the plaintiffs in Flores v. Arizona, Timothy M. Hogan, approved the judge’s decision on the fines. “I’ve said consistently that any fines should be held for the benefit of English-language learners,” he said in a telephone interview.

Republicans in the Senate expressed frustration last week that Ms. Napolitano, a Democrat, vetoed two bills approved by the legislature on Jan. 24, the day of the court’s deadline, that they hoped would have satisfied the court.

Republicans in the state House and Senate unanimously supported both bills. No Democrat in either chamber backed the bills, each of which contained $31 million in additional money for fiscal 2006 for English-language learners.

“We would have liked to see our bill go before the judge and see if it would answer the court’s questions,” said Sen. Marilyn Jarrett, a Republican. “We feel it’s the judge that should answer if this would satisfy the lawsuit or not, not the governor.”

The most controversial aspect of both bills was that they contained provisions to create a new tuition tax-credit program for English-language learners to attend private schools.

“The issue of tuition-tax credits for private schools should not even be in this bill,” wrote Ms. Napolitano in a statement explaining her veto of the second bill. “Remarkably, this bill actually allows for more funds to go toward ELL education in private schools than it does for such education in our public schools.”

By the end of last week, lawmakers were still debating how to produce a bill that the governor might sign.

Mr. Hogan applauded Ms. Napolitano for vetoing the bill because he said it provided funding for the education of English-learners that wasn’t tied to actual costs of programs. He said the bills that the legislators passed last week were very similar to one approved during the legislative session that ended last spring—and vetoed by the governor—except for the addition of the tuition-tax credits.

Legal Moves Debated

Also last week, Arizona Attorney General Terry Goddard, an elected Democrat, was grilled by legislators during a Jan. 26 House appropriations hearing regarding his involvement in the Flores v. Arizona lawsuit.

“He was questioned over and over again about who he was representing,” said Andrea Esquer, a spokeswoman for the attorney general. Some members asked why he hadn’t appealed the court’s Dec. 16 ruling and were upset that he had filed a motion with the court, at Ms. Napolitano’s request, asking that the money from the fines be given to the Arizona Department of Education for redistribution to education programs for English-language learners.

Ms. Esquer explained that the parties represented by the attorney general did not agree on how to respond to the ruling. State Superintendent of Public Instruction Tom Horne filed a state-funded appeal, although the other two parties decided not to appeal the ruling, Ms. Esquer said.

Related Tags:

Events

This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of Education Week's editorial staff.
Sponsor
Classroom Technology Webinar
Better Tools, Not More: What Educators Say About Teaching and Technology
Optimism is up. AI use is rising. Coherence is the next challenge. Hear what the 2026 Educator Confidence Report reveals about the field.
Content provided by HMH
This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of Education Week's editorial staff.
Sponsor
Student Achievement Webinar
The Relationship Advantage for Attendance, Engagement, and Achievement
Relationship-building goes beyond back-to-school. Get practical ideas from district leaders and educators to strengthen student connections.
School & District Management Webinar EdMarketer Quick Hit: Build Campaigns That Engage K-12 Leaders
We’ll share what’s resonating with Education Week’s K-12 audience based on user behavior across platforms and other proprietary data.

EdWeek Top School Jobs

Teacher Jobs
Search over ten thousand teaching jobs nationwide — elementary, middle, high school and more.
View Jobs
Principal Jobs
Find hundreds of jobs for principals, assistant principals, and other school leadership roles.
View Jobs
Administrator Jobs
Over a thousand district-level jobs: superintendents, directors, more.
View Jobs
Support Staff Jobs
Search thousands of jobs, from paraprofessionals to counselors and more.
View Jobs

Read Next

Federal Opinion Margaret Spellings and Arne Duncan: The Ed. Agenda We Can Agree On
We need to get education back on track, write the former Ed. Secretaries. Let’s start at the top.
Margaret Spellings & Arne Duncan
•
5 min read
Government research, State budgets, public education, back on track, Education Agenda
Vanessa Solis/Education Week + Getty
Federal Q&A A Top Democrat Breaks Down His Party's Plans for K-12 in a House Majority
If Democrats retake the House, Rep. Bobby Scott may be in a position to set his chamber’s K-12 agenda.
5 min read
Rep. Bobby Scott, D-Va., speaks during a prayer vigil held by the Chesapeake Coalition of Black Pastors at The Mount (Mount Lebanon Baptist Church) in Chesapeake, Va., Sunday, Nov. 27, 2022, for the six people killed at a Walmart in Chesapeake, Va., when a manager opened fire with a handgun before an employee meeting Tuesday night.
Rep. Bobby Scott, D-Va., speaks during a prayer vigil in Chesapeake, Va., on Nov. 27, 2022. Scott is the ranking Democrat on the U.S. House of Representatives' education committee and will seek the panel's chairmanship if Democrats win a House majority in next month's elections.
Carolyn Kaster/AP
Federal What a Democratic Congress Could Mean for Trump's K-12 Agenda
They may try to reverse—or at least investigate—the Trump admin.'s efforts to dismantle the Ed. Dept.
9 min read
House Minority Leader Hakeem Jeffries, D-N.Y., the top Democrat in the Republican-majority House, is joined by Rep. Pete Aguilar, D-Calif., chair of the House Democratic Caucus, as they criticize President Donald Trump and his policies while talking to reporters about the approaching midterm election, at the Capitol in Washington, Thursday, Sept. 17, 2026.
House Democratic Leader Hakeem Jeffries speaks at the U.S. Capitol on Sept. 17, 2026. He's joined by Rep. Pete Aguilar, D-Calif., who chairs the House Democratic Caucus. If Democrats gain a majority of either chamber of Congress after next month's elections, they'll be able to hold oversight hearings on and launch investigations into the dismantling of the U.S. Department of Education.
J. Scott Applewhite/AP
Federal The Future of Education Research: More Partisan and Largely Left to States?
As Trump administration works to change federal grants, outside researchers try to regroup.
6 min read
Image of file folders with tabs called "funding" "grants" "projects" and a blank note paper paperclipped to the outside.
Collage by Laura Baker/Education Week + Getty