Opinion
Equity & Diversity Opinion

Arizona’s Anti-Immigrant School Policy

By Khin Mai Aung — July 02, 2010 3 min read
  • Save to favorites
  • Print

The much-publicized Arizona legislation known as SB 1070, a criminal statute allowing local law enforcement to demand proof of immigration status based on “reasonable suspicion,” is disturbing and xenophobic. It is a particularly heavy-handed development in a state where unprecedented anti-immigrant sentiment has festered for years. The immigration-related aspects of this backlash have justifiably garnered considerable public attention.

But the state has pursued similarly draconian policies in other arenas, one of them education. This spring, the Arizona Department of Education issued citations to several school districts throughout the state for hiring teachers who speak English with a Spanish accent.

As a civil rights lawyer who advocates for immigrants and low-income students of color in public education, I am alarmed by this development. Several years ago, I represented three Massachusetts teachers fired on the basis of faulty and discriminatory English-fluency tests. My clients were veteran math and science teachers born in Cambodia and Puerto Rico who taught successfully for years in Massachusetts. After years of litigation, we won the case, with full back pay and benefits. My clients have resumed doing what they do best—serving immigrant and refugee students in their community.

The recent Arizona teacher citations—based on an expansive interpretation of the federal No Child Left Behind Act—require the districts to submit plans for corrective action, such as accent-reduction training, and could culminate in reassignment or dismissal. So far, it is not clear what standards of fluency Arizona is using, or how those standards are being applied. My clients’ experiences in Massachusetts have revealed that this is a dangerous road to tread.

This is not the first time Arizona has cracked down on immigrant and English-language-learner students in its public education system. Just this spring, it passed a state education law intended to eliminate ethnic studies in public schools, and Arizona’s efforts to override English-language learners’ federal right to an equal education have been litigated before the U.S. Supreme Court. In that case, Horne v. Flores, the state department of education pursued yet another novel and overly broad interpretation of the No Child Left Behind Act, arguing that it had eviscerated English-language-learner protections in the Equal Educational Opportunities Act of 1974. Fortunately, the court decided the case on other grounds, leaving intact the EEOA.

Schools should be commended—not disciplined—for hiring and retaining staff members who understand their students’ cultures.

Now, reports have surfaced that undocumented families fearful of Senate Bill 1070 are withdrawing their children from Arizona public schools, despite long-standing and undisputed U.S. Supreme Court precedent that undocumented children may attend public schools. Furthermore, SB 1070 and Arizona’s current education policies marginalize all immigrants—regardless of immigration status—and make them feel unwelcome.

What Arizona and other states really need are education policies that welcome all students, and make them feel included and valued. Our schools are becoming increasingly diverse, and need appropriate staffing and resources to adequately serve their pupils. To be effective, teachers must connect with their students. Schools should be commended—not disciplined—for hiring and retaining staff members who understand their students’ cultures. Experienced, credentialed teachers with good track records at teaching English-language learners should not be singled out because they speak accented English. This is especially true in a state like Arizona, which faces a severe teacher shortage.

Schools must also provide professional development for all teachers—including training in English-language-learner teaching methods and cultural awareness. Moreover, schools with large English-language-learner populations should have teaching materials tailored to these students’ needs. Arizona’s students would be better served by improving efforts to bolster teacher training and retention, and making sure schools have appropriate course materials, rather than spending precious resources on questioning the English skills of proven teachers.

Related Tags:

A version of this article appeared in the July 14, 2010 edition of Education Week

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
Families & the Community Webinar
Beyond the Classroom: Extending High-Quality Instruction Into the Home
Your curriculum doesn't have to stop at the classroom door. See how two districts bring families into PreK–3 learning.
Content provided by TalkingPoints
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
Teaching Profession Webinar
Evaluation Beyond the Checkbox: Turning Ratings Into Teacher Growth
Ratings alone don’t help teachers improve. Join us Nov. 10 to hear what happens after the evaluation: feedback, follow-up, and growth.
Content provided by Frontline Education
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
Assessment Webinar
The Assessment Trust Crisis: How to Measure Learning in the Age of AI
AI is reshaping learning. Is assessment keeping up? Join this webinar to explore how to measure student thinking, not just right answers.
Content provided by Instructure

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

Equity & Diversity Opinion The Real Lesson From Nikole Hannah-Jones’s Public School Dilemma
The journalist’s essay on her daughter’s education went viral. Are people asking the right question?
Manikka Bowman
•
4 min read
Collage of two mountain shapes with school buildings on each. One has an old, one room schoolhouse building on top of it and the other has several modern, colorful school buildings on top of it.
Illustration by Emily Wright for Education Week + Getty
Equity & Diversity Trump Extends Anti-DEI Push to Private Schools, Eyeing Their Tax-Exempt Status
Schools that give racial minorities preferences would lose tax-exempt status under newly proposed rules.
5 min read
A sign for the Internal Revenue Service building is pictured in Washington, May 4, 2021.
A sign for the Internal Revenue Service building in Washington on May 4, 2021. The agency has proposed new regulations that would threaten the tax-exempt status of any private school that give racial minorities preference in admissions, scholarships, and programming.
Patrick Semansky/AP
Equity & Diversity Ed. Dept. Releases Data on Schools' Racial Disparities Months Late
The data is supposed to highlight racial, ethnic, and disability-based disparities in schools.
6 min read
MINNEAPOLIS, MN, January 22, 2026: Students at Washburn High School fill the stairwell during passing time in Minneapolis, MN.
Students fill the stairwell in between classes at a high school in Minneapolis on Jan. 22, 2026. The U.S. Department of Education has released data designed to highlight disparities in schools, but it did so quietly and without issuing a report highlighting top-line findings.
Caroline Yang for Education Week
Equity & Diversity Opinion I Wasn't Ready When a New Slur Hit My Middle School Class. I Will Be Next Time
Anti-immigrant rhetoric does not stop at a school's gates, even where many students are immigrants.
Jacobo Coronel
•
4 min read
Image of a bold red speech quotation mark, filter, and a sponge.
Laura Baker/Education Week + Canva