The Arizona Supreme Court has rejected a bid by state schools chief Tom Horne to keep one of its justices from deciding whether he can sue schools over English instruction.
Horne argued Supreme Court Justice Bill Montgomery should not be able to hear his case over English Immersion instruction.
Lower courts have ruled Horne does not have the authority to sue schools, saying that power lies with the state Board of Education.
In last week’s filing, Horne said Montgomery accused him of breaking campaign finance laws 15 years ago when the justice was Maricopa County attorney.
Montgomery reportedly let the other justices on the high court decide if he should recuse himself over the matter.
The outcome of the legal challenge could change how students who don’t speak English as a native language are taught in schools.
