Federal Court Orders More Funding for ELL Students
in Arizona
On January 25, 2005, federal District Court Judge Raner
Collin ruled
that the state of Arizona must provide additional funding
for the state’s English language learner (ELL)
students and must do so during the current legislative
session. Judge Collin granted plaintiffs’ Motion
for Injunctive Relief “to ensure that Plaintiffs
receive the relief they were found to be entitled to
more than five years ago. . . .”
Five years ago, in January 2000, the court ruled that
the State of Arizona was violating the federal Equal
Education Opportunity Act “by failing to adequately
fund instruction for children who are ELLs.” The
case, Flores v. Arizona, was filed by the Arizona
Center for Law in the Public Interest on behalf of the
approximately 200,000 ELL school children in the state,
about one in every five students.
After recounting a number of delays in the course of
the litigation, the court’s decision stated that
“the legislature has failed to meet the Court’s
deadlines as well as their own.” The court chose
not to defer its ruling because that might “jeopardize
any opportunity for the ELL programs to be funded .
. . and the children will have to wait more than another
year for any type of relief.” The court ruled
one day after hearing oral argument on plaintiffs’
motion.
As reported by The Arizona Republic, Speaker
of the House, Jim Weiers said that the court order “wasn’t
necessary. We’ve taken steps. We’re waiting
for the [cost study] to come out.” Tim Hogan,
counsel for plaintiffs, disagreed, saying that “we
could have easily lost another year. These kids aren’t
learning English. You can’t just disregard federal
law on the one hand and then on the other keep taking
all the benefits of federal funding.”
The court’s order could result in significant
increased annual funding for ELL programs, because the
state now provides about $360 per student and cost estimates
place the need at about $1,200 per student. A cost study
that was due in August 2004 is now expected February
15, 2005.
Prepared by Molly A. Hunter, January 27, 2005
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