Attorney General Weighs in on English Learners
Opinion states the State Board of Education maintains oversight of models; board will take no action against districts using dual language.
Attorney General Opinion: State Board of Education has Exclusive Control of English Learner Models
Attorney General Kris Mayes opined today that English Learner models are under the exclusive control of the State Board of Education, and Superintendent Tom Horne may not determine whether a model, including the dual language model, violates state law. Mayes declined to say whether she believes the dual language model is consistent with Arizona law.
In her opinion (No. I23-005), Mayes spelled out that Arizona law grants authority to approve English Learner models to the State Board of Education, stating that
“Arizona Law is clear that the Board has the sole authority to eliminate or modify an approved SEI model. The Board also has the sole authority to determine whether a school district or charter school has failed to comply with Arizona Law governing English language learners.”
Mayes went on to say that the department may not withold funds from a district or charter school unless the board has made a finding of non-compliance. In addition, the opinion is also clear that the Dual Language model does not require a waiver:
Because the Dual Language Model is a Board-approved SEI model, no waiver is required for schools that utilize the Dual Language Model to serve ELLs.
In response the Arizona State Board of Education issued a statement saying that the board “will not alter that state’s currently approved Structured English Immersion models, including the 50-50 Dual Langauge Immersion Model,” and that the board “will not take action against any school that is using the 50-50 Dual Language Immersion Model.”
The opinion was requested by three members of the Arizona House, Reps. Jennifer Pawlik (D-13), Laura Terech (D-4), Nancy Gutierrez (D-18), and Judy Schwiebert (D-2).
The members also requested Mayes opine whether the 50-50 model does in fact pass muster. Mayes declined to address that question, citing the fact that such a determination requires complex analysis, stating only that the board has already approved the model, and “school districts and charter schools remain entitled to rely on that approval.”