State and federal officials are working to settle a complaint that alleges Arizona's program for teaching English to children who don't speak the language is discriminatory.
Monday, the 9th U.S. Circuit Court of Appeals dismissed a 23-year-old case on English immersion classes. In 1992, parents in Nogales, Ariz. alleged the classes the schools were offering were in violation of federal law.
Federal authorities have been investigating the program since 2010 after a complaint was filed alleging the required four hours of daily instruction illegally segregated students who don't speak English and denied them access to the rest of their public school education.
Michael Bradley, chief of staff for the Arizona Department of Education, told the Arizona Capitol Times that both sides agree students should spend less time in English immersion classes as their skills improve, but they disagree over how to determine when to cut back.
Federal education and U.S. Justice Department officials want to use testing to determine when fewer hours are necessary and require the state to hire someone to monitor the state's Structured English Immersion program. But the state wants teachers to decide a student's progress and when it is time to reduce the amount of instruction, Bradley said.
The immersion program, whose participants account for 7 percent of the state's public school enrollment, requires students to spend four hours a day learning English.
The State Board of Education voted in December to allow schools to cut the hours of instruction in half for second-year students who are improving.
Updated 6/15/2015 at 5:08 p.m.