Law & Courts

Supreme Court to Hear Case on ELL Funding in Arizona

Long-Running Dispute Involves Two School Laws, Questions of Federalism
By Mark Walsh — January 09, 2009 4 min read
  • Save to favorites
  • Print

Includes updates and/or revisions.

The U.S. Supreme Court has agreed to step into a long-running lawsuit in Arizona over funding for services to English-language learners, in a case that also raises questions of federalism and the interplay between two federal education laws.

The justices accepted appeals from legislative leaders and the state schools superintendent of lower-court rulings that Arizona was not adequately funding English-language-learner programs under a little-known 1974 federal law that requires states to act to help students overcome language barriers.

A federal district judge at one point ordered the state legislature to increase funding for such programs or else face fines of as much as $2 million per day, although a federal appeals court tossed aside the sanctions. But the appeals court last year upheld a ruling by the judge finding that a 2006 state law that increased funding for ell students was inadequate.

The Supreme Court on Jan. 9 granted review and ordered an expedited briefing schedule for the appeals, Horne v. Flores and Speaker of the Arizona House of Representatives v. Flores (Cases No. 08-289 and 08-294), indicating that the justices intend to hear arguments by April and decide the case by the end of their term in late June.

“Arizona needs this court’s help to return control over the funding of Arizona’s school programs to where it rightly belongs—out of the hands of a single federal district court judge and back into the hands of Arizona’s democratically accountable officials,” said an appeal co-written by Kenneth W. Starr, a former U.S. solicitor general and independent counsel, on behalf of the legislative leaders, who are Republican.

A separate appeal on behalf of Thomas C. Horne, the state’s superintendent of public instruction, argues that it was the U.S. Court of Appeals for the 9th Circuit, in San Francisco, that went too far last year when it “mandated special statewide funding legislation to benefit ELL” students.

Two Federal Laws

In a sign of the political complexity of the Arizona case, the state’s attorney general, a Democrat, filed a brief urging the Supreme Court not to review the case, saying Arizona’s unique situation made the case unsuitable for a national precedent on the effects of federal education laws on instruction for English-language learners. Gov. Janet Napolitano, a Democrat who is President Barack Obama’s choice to become secretary of the Department of Homeland Security, battled the legislature and sought more funding for ell students as the case proceeded.

Under the Equal Educational Opportunities Act of 1974, each state must “take appropriate action to overcome language barriers that impede equal participation by its students in instructional programs.”

In a class action brought in 1992 by families in Nogales, Ariz., a federal district judge in Arizona ruled in 2000 that the state had violated the “appropriate action” language of the EEOA by failing to provide adequate funding for its ell instructional methods.

U.S. District Judge Raner C. Collins of Tucson ruled in 2007 that the 2006 law passed by the state legislature that increased per-pupil ELL funding and made other changes to the state’s program did not go far enough. The state law increased a per-pupil extra amount for English-language learners to $444 from $365, and authorized school districts to seek additional funding for such students. But the law effectively supplanted certain federal funds, and it cut off the majority of state ell money for any student who remained classified as an English-language learner for more than two years.

That led Judge Collins to conclude that the state’s ELL funding system remained irrational and in violation of the EEOA. In upholding the judge’s ruling last year, the 9th Circuit court said that “despite considerable efforts, and some improvements in outcomes, Arizona, as a state, does not appear to have turned the corner on ELL education performance.” (“Arizona Still Grappling With Order on Adequate Funding for ELLs,” March 5, 2008.)

NCLB Questions

In their separate appeals, the state legislative leaders and Mr. Horne argue that the federal No Child Left Behind Act, with its extensive requirements for the states on English-language learners, should trump the 1974 law.

“It is both unfair and irrational for the federal government, on one hand, to approve Arizona’s ell programs as effective under NCLB, but, on the other hand, to allow the federal judiciary to rule that Arizona has failed to take ‘appropriate action’ to assure effective ell programs under EEOA,’ says the brief filed on behalf of Mr. Horne.

The Washington Legal Foundation, a conservative legal group in the nation’s capital, filed a friend-of-the-court brief urging the justices to take up the case, arguing that the lower courts’ “intrusions” into the state’s policies trampled “bedrock principles of separation of power and federalism.”

The American Legislative Exchange Council, a Washington-based group representing some 2,000 right-leaning state legislators nationwide, also filed a brief urging the court’s review, saying the case “has spun out of control.”

But a brief filed on behalf of the Nogales families said “the Arizona legislature has spent the past eight years resisting compliance with the district court’s lawful order. In prodding the state toward compliance, the district court has repeatedly shown both deference and patience.”

Related Tags:

A version of this article appeared in the January 21, 2009 edition of Education Week as Supreme Court to Hear Case on ELL Funding in Arizona

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
Reading & Literacy Webinar
(Re)Focus on Dyslexia: Moving Beyond Diagnosis & Toward Transformation
Move beyond dyslexia diagnoses & focus on effective literacy instruction for ALL students. Join us to learn research-based strategies that benefit learners in PreK-8.
Content provided by EPS Learning
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 Webinar
Cohesive Instruction, Connected Schools: Scale Excellence District-Wide with the Right Technology
Ensure all students receive high-quality instruction with a cohesive educational framework. Learn how to empower teachers and leverage technology.
Content provided by Instructure
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
School Climate & Safety Webinar
How to Use Data to Combat Bullying and Enhance School Safety
Join our webinar to learn how data can help identify bullying, implement effective interventions, & foster student well-being.
Content provided by Panorama Education

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

Law & Courts What's Ahead for Education This Supreme Court Term? Trans Rights, E-Rate, and More
The justices have one major case on transgender medical care on their docket and others pending on gender-identity issues in schools.
10 min read
The Supreme Court on Wednesday afternoon, April 19, 2023, in Washington.
The Supreme Court on Wednesday afternoon, April 19, 2023, in Washington.
Jacquelyn Martin/AP
Law & Courts Biden Administration Asks Supreme Court to Spare Huge E-Rate Funding Source
A lower court ruling has jeopardized more than $2 billion in annual funding for internet connectivity for schools and libraries.
3 min read
FILE - The Supreme Court is seen under stormy skies in Washington, June 20, 2019. In the coming days, the Supreme Court will confront a perfect storm mostly of its own making, a trio of decisions stemming directly from the Jan. 6, 2021 attack on the U.S. Capitol. (AP Photo/J. Scott Applewhite, File)
The Biden administration has asked the U.S. Supreme Court—shown here in June 2019—to reinstate a funding mechanism that distributes $2 billion annually for the E-rate program that supports internet connectivity in schools and libraries. A federal appeals court ruled that the mechanism was unconstitutional in July.
J. Scott Applewhite/AP
Law & Courts Court Revives Asian-American Groups' Challenge to New York City Selective Admissions
New York's program has sought to increase representation of Black and Latino students in its selective high schools.
5 min read
Image of a gavel
iStock/Getty
Law & Courts The New Title IX Regulation and Legal Battles Over It, Explained
The Biden administration's regulation that interprets Title IX to protect LGBTQ+ students faces multiple legal challenges.
5 min read
Claudia Carranza, of Harlingen, hugs her son, Laur Kaufman, 13, at a rally against House Bill 25, a bill that would ban transgender girls from participating in girls school sports, outside the Capitol in Austin, Texas, on Wednesday, Oct. 6, 2021.
Claudia Carranza, of Harlingen, Texas, hugs her son, Laur Kaufman, 13, at a rally for transgender rights in Austin on Oct. 6, 2021. The U.S. Department of Education's new Title IX regulation, which adds gender identity and sexual orientation to the definition of sex discrimination, has been challenged in multiple lawsuits and blocked in 26 states and at individual schools in other states.
Jay Janner/Austin American-Statesman via AP