Court-Ordered Fines Reach $20 Million in Arizona

With a federal court order to devise a new funding system for English language education hanging over their heads, legislators and Governor Janet Napolitano returned for the 2006 legislative session in January. Thus far, though, they have been unable to reach an agreement, as the governor has already vetoed two legislative proposals, and $20 million in fines have accumulated. The Republican-controlled legislature and Democratic governor continue to struggle to find a compromise on funding that would pass muster with the court.

The most recent Republican plan, as reported in The Arizona Republic, does not contain controversial provisions for corporate tuition-tax credits, and increases ELL per-student funding from $355 to $432 per year; Gov. Napolitano, however, has said that she wants an increase to $1,289 per student.

Cost Study

Behind the current stalemate over ELL funding is the Flores v. Arizona case, in which the court ordered the state to enact a cost-based funding system by 2005. A cost study contracted by the Arizona Legislative Council with the National Conference of State Legislature’s National Center on Education Finance looked at the cost of educating Arizona’s ELL students and attaining education adequacy. The scattered study examined the incremental costs associated with educating English Language Learners (ELLs), i.e., the costs that provide ELL programs and are in addition to educating regular English-proficient students.

A Variety of Methodologies for Incremental Costs

The study utilized a wide array of methodologies to investigate the cost of education ELL students, and the resulting range of information became the basis of its conclusions. The NCSL analyzed data from a survey of fourteen districts and two charter schools, revealing an incremental cost of $670 per ELL student. The figure is based on student instruction costs, such as teacher and aide salaries and benefits, the costs of administering ELL programs and student assessments, and staff development.

Two professional judgment panels evaluated the cost of inputs required to help students meet education standards. A panel of ELL experts from Arizona recommended spending based on grade level, from $1,785 per ELL student in K-2 to $1,447 in grades 3-12, believing that earlier investment would result in greater proficiency later. The state panel observed that the ELL educational system could be improved by establishing clearer oversight and accountability, placing ELL specialists in schools to work with staff, and providing native language support programs in schools with large ELL populations.

A panel of national experts determined costs based on a combination of proficiency, socioeconomic status, and age, ranging from $1,026 for lower-need, high school ELLs to $2,571 for high-need, elementary school ELLs. Among the national panel’s recommendations were that the state provide adequate funding and require highly qualified teachers and that the districts adopt quality ELL curricula and train administrators.

Other Findings

On-site interviews with school-level personnel found that teachers and administrators want to see increased funding for ELL student success, the state providing more guidance in ELL education strategies, better professional development, and increased parental involvement.

The cost study was also required to examine district and charter school compliance with current ELL rules and regulations. Monitors found that relatively more infractions occurred in the earlier grades because more K-5 students are identified as ELL, but that identifying reasons for parental waivers was more difficult for charter schools.

The study further described current ELL funding, federal requirements, and successful teaching practices.

Prepared by Katherine Lu, February 28, 2006