Arizona Attorney General Kris Mayes says the state's superintendent of public instruction has no authority to cut off funds to schools that don't use "structured English immersion'' to teach students who are not proficient.
Tom Horne announced last month that any school teaching English language learners under a 50-50 dual-language model is breaking the law.
A 2019 law made it possible for schools to choose this option, though Horne thinks the legislation is in direct conflict with a voter-approved law.
But Mayes disagrees, and says only the Board of Education has the power to determine what is violating the law. She says a dual-language program is an acceptable alternative.
There is further disagreement between Horne and Mayes as to which program has failed students more. The question of legality is still up in the air.
Horne says no funds will be withheld until the issue is resolved in court.
