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Fight Over English-Learners Funding
Lawyer Files Motion To Stop Federal Highway Monies

By Jim Small


A motion to prevent the state from receiving federal highway funds because it inadequately funds programs to teach students English was filed in federal court August 2.

Attorney Tim Hogan of the Arizona Center for Law in the Public Interest is seeking the injunction because the state is in violation of a January 28 court order that required a program to resolve the Flores v. Arizona case by the end of the Legislative session.

House and Senate Republicans drafted a plan and pushed it through on the final day of the session, but Governor Napolitano vetoed it a week later, saying it was not acceptable because it did not receive bipartisan support.

In 2000, a federal court ruled that the state had violated the Equal Education Opportunity Act by not giving non-English-speaking students the same opportunity for learning because programs to teach them English were underfunded

Mr. Hogan has said in the past that he asked the governor to veto the Republican plan. In the motion, he argues it would “fall far short of complying� with the court’s requirements, largely because it failed to provide funding based on “any known costs of delivering English acquisition programs,� instead providing an arbitrary funding increase of about $75 per student for one year.

After that, future funding would be given to school districts contingent upon the development of what the legislation called “research based models.�

In addition to requesting highway funds be withheld, the motion also references the court’s ability to take control of the school finance system, although Mr. Hogan stops short of requesting the court do so.

If the judge approves the motion, its effects will be delayed 30 days so the state will have “an opportunity to enact the remedial legislation that is required.�

What’s At Stake

At stake if the motion passes is more than $500 million from the federal government dedicated to building and improving highways across the state. Transportation officials have said losing the money could impact such projects as the proposed widening of Interstate 17 from the Loop 101 to the Carefree Highway; the widening of U.S. 60 from Val Vista Drive to Power Road; and the addition of carpool lanes to the Loop 101 in the East Valley.

A motion to expedite was also filed. Mr. Hogan said he hopes to make oral arguments in court by mid-September.

The state has until August 19 to file a response to the motion.

A spokeswoman for the attorney general said the office had no comment. â€â€