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Horne is determined to toss 50-50 language model, but experts say it's the best way to learn

Superintendent of Public Instruction Tom Horne has been steadfast in his effort to get Arizona schools to stop using the 50-50 dual language model. He says it not only violates state law, but is not as effective as full, Structured English Immersion. 

But, many people who have experience with 50-50 programs say it’s the best way to learn a language.

The 50-50 model is one of four language models approved by the State Board of Education. It allows students to be taught for half the day in one language and half in another.

However, Horne says using that model for English language learners is against the law because it violates Proposition 203. That’s a measure approved by voters more than two decades ago, requiring English language learners — or non-native speakers — to be taught only in English. 

Arizona remains the only state with English-only education legislation still in effect. But about 10 school districts in the state use a dual language model for their students. Late last year, Horne filed a lawsuit in hopes of blocking them from continuing to use it.

Two months ago, a judge dismissed that lawsuit saying that Horne, as superintendent, has no authority under state law to sue over alleged violations of Prop 203, but the State Board and parents do. That’s where a new lawsuit comes into play.

“Somebody referred to me, a woman who was willing to be a plaintiff because her husband had come from China and had been immersed in English and learned English quickly and she thought that was the right way to do things," Horne said.

That plaintiff is Scottsdale parent Patricia Pellett, who is suing the Creighton Elementary School District in Maricopa County Superior Court. Her attorney is Horne’s wife, Carmen Chenal Horne.

“And plaintiffs typically can’t afford to pay the lawyer the provisions that you wait to get paid after you win from the superintendent and the school board members, but my wife was willing to do that because she believes passionately in it," Tom Horne said.

Horne’s wife moved to the U.S. when she was 8, was fully immersed in English and says she became proficient within months. And Horne, who is also a lawyer, says it’s legally irrelevant that the plaintiff in this case does not even have a child in Creighton schools.

“Under a provision in the initiative that said that a student of any parent in the state could bring an action against any school district in the state that violates this initiative," Horne said.

Horne added that Creighton has a 5% rate of students becoming proficient in English in one year and said schools that use structured English immersion do at least four times better than that.

But experts like Maria Cristina Ladas say that’s not true for everyone.

“In the last 25 years, it has become very clear that the dual language immersion program is the gold standard," Ladas said.

Ladas has more than 30 years of experience with language programs in K-12 schools and is now a consultant helping schools roll out their dual language immersion programs.

She said students who are put in a Structured English Immersion program often fall behind in their academics while trying to learn the language.

But in the 50-50 model, where students split their days between a teacher who instructs in English and a teacher who instructs in Spanish, ideally you have a mix of students, making it a win-win.

“That’s what makes this program so amazing because if you do that type of learning over the course of time, both of those students will become very bilingual and very proficient in both languages because students like to learn from each other," Ladas said.

Raquel Salas moved to Arizona from Mexico in 2011 with two young daughters who didn’t know any English. When she went to put her seven year old in the 50-50 program,

“We learned that we were not able to do that because she was not proficient in English, so she went into the traditional program," Salas said.

She add that it felt like a sink or swim situation.

“You put the kids in a place where the teacher is not allowed to communicate in their native language and it’s very frustrating because basically the kid is trying to guess what is happening," Salas said.

Her daughter was able to become proficient in English in six months, but in large part because she had a bilingual mother at home to help her, but not all students have that support.

“It’s like if you have a five year old child who is going to kindergarten and they’re running and doing all sorts of physical activities and then suddenly they get to the classroom and they say ‘by the way, you can’t use your feet anymore,’” Salas said.

She added that the 50-50 model allows them to learn a new language, while still developing the first one, rather than abandoning their foundation.

So far, there are no updates in the case against Creighton. The district said it’s working with its legal counsel on the matter. Director of Communications Emily Waszolek wrote in an email:

"We always strive to do what is best for our kids. We will continue to support parent choice and the programs that are supported by our community and families."

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Senior field correspondent Bridget Dowd has a bachelor’s degree from Arizona State University’s Walter Cronkite School of Journalism and Mass Communication.