The Arizona Court of Appeals has affirmed a lower court ruling that state Superintendent of Public Instruction Tom Horne has no legal authority to sue over the use of dual language programs in some school districts.
The 50-50 dual language model is one of four options approved by the state Board of Education. It allows students to be taught for half the day in one language and half in another.
Horne argues those programs violate Proposition 203, a voter-approved measure requiring English Language Learners to be taught in only English.
“These students are being cheated because under dual language, they don’t acquire English fast enough to perform properly in academics," Horne said.
Multiple judges have now ruled Horne has no authority under state law to sue over alleged violations of Prop. 203.
Horne told KJZZ that after consulting with his lawyer, he plans to appeal the latest decision to the Arizona Supreme Court.
After the initial lawsuit was dismissed last year, Horne connected with a parent who filed a similar lawsuit that was also unsuccessful.
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