August 24, 2006
FOR IMMEDIATE RELEASE

Appeals court rules for Legislature and taxpayers
in ELL case

(State Capitol, Phoenix) – In a major victory for school children and taxpayers, the U.S. 9th Circuit Court of Appeals ruled “the landscape of educational funding has changed significantly” for non-English speaking school children.

The court then wiped out $21 million in fines assessed by a federal judge and ordered that judge to reexamine the progress Arizona has made in the instruction of English-deficient school children. The appeals court also ordered the judge to give closer consideration to the legislative plan passed earlier this year that included increased funding and accountability.

The three-judge panel ruled a federal judge must look at the monumental strides the state has taken since 2000 when another federal judge said that the state does not provide sufficient funding for English Language learners.

The appeals court ordered the lower court to hold a hearing to look at the evidence that the state is complying with federal law and providing adequate education to the 150,000 non-English speaking students.

The court’s action came after the House Speaker Jim Weiers and Senate President Ken Bennett contended that the state had met its obligations to provide adequate education to English- deficient children.

“This is exactly what the Legislature has been fighting for for years,” Weiers said. “The federal court must now look at the great strides Arizona has taken to meet its obligations. We have spent millions of dollars to help non-English speaking children learn our language but the federal court has ignored our efforts. No more can the court ignore the common sense solution by the Legislature.”

President Bennett said, “The 9th Circuit ruling is a victory for the taxpayers of Arizona and for ELL students. It represents a major step toward finally being able to settle on the legislature’s approach of using actual costs and accountability in English language learner instruction.”

Since 2000, the Legislature has nearly tripled funding for ELL students from $155 per student above the per pupil funding formula to $432 per student. Also, Nogales Unified School District, the plaintiff in the Flores case, has improved significantly since the investment by the Legislature. All ten of its schools have been labeled “performing” under Arizona Learns and its ELL population has made meaningful yearly progress. In addition, the state has rolled out full-day kindergarten to the state’s schools.

Senate Majority Leader Tim Bee (R-30) said, “Not only is this a great day for the sensible approach passed by the legislature in HB 2064 for addressing the needs of English language learners, it also bolstered the plain fact that it ought to be the elected representatives of the people in the legislature, not the courts, that determine how Arizona state taxpayer dollars are spent and state programs are structured.”

House Majority Leader Steve Tully (R-11) took issue with Attorney General Terry Goddard’s view that the 9th Circuit made a “procedural ruling” when the three-judge panel dismissed the fines and ordered the lower court to look closer at the strides Arizona has undertaken.

Representative Tully said, “Amazingly, Goddard has been arguing for the plaintiff in this lawsuit and asking the court to fine the state. Taxpayers can thank the Legislature for fighting to defend the state. I hope Goddard will take this opportunity to reevaluate his position, start upholding his oath of office and his ethical duties as an attorney and vigorously defend the laws of this state in this lawsuit.”

###

For further information contact:
Nick Simonetta, Communications and Policy Advisor to the Majority
 Arizona State Senate
Office: (602) 926-5418, e-mail: nsimonet@azleg.gov
OR
Barrett Marson, Director of Communications
 Arizona House of Representatives
Office: (602) 926-3233, e-mail: bmarson@azleg.gov