Arizona Department of Education
Maricopa Judge Throws Out Dual Language Challenge Due to Standing Issues
By Staff Reporter |
The Maricopa Superior Court has dismissed a legal challenge against Creighton Elementary School District’s dual language program due to the plaintiff’s lack of standing. Patricia Pellett, a parent from Scottsdale Unified School District, initiated the challenge despite not having children enrolled in CESD.
Represented by Carmen Chenal Horne, wife of Arizona Department of Education Superintendent Tom Horne, Pellett’s case stems from Horne’s long-standing opposition to dual language programs. Horne asserts that education should be conducted exclusively through immersion methods, which teach subjects entirely in English.
Proposition 203, enacted into state law in 2000, mandates that public schools primarily teach English through English-speaking classrooms. Exceptions exist for parents who provide prior written consent for bilingual teaching methods, including eligible students who already know English or those with special needs.
In an earlier statement, Horne maintained that the lack of a direct relationship to the district should not impede the legal challenge, citing provisions that allow any parent in the state to contest violations of the initiative. However, the court ruled that only the State Board of Education has jurisdiction over such programs.
Judge Katherine Cooper previously ordered Horne to pay over $120,000 in legal fees and determined that he lacked authority to question school compliance with Proposition 203. Her ruling reaffirmed that the State Board is responsible for developing and approving educational models, emphasizing that parents and guardians hold the right to file lawsuits regarding these matters.
Horne responded critically to the court’s ruling, arguing it sidestepped the essential issues at hand. He reiterated that Proposition 203 necessitates instruction in English, stating, “The school districts, like all public and charter schools, are required to follow a model as approved by the State Board,” according to Cooper.
Despite Horne’s ongoing campaign against dual language programs, the Arizona School Boards Association has indicated its intention to support more balanced 50-50 language models in schools.
