Flores v. Arizona

Flores v. Arizona

The Federal Court System

What kinds of cases are heard in federal courts?

• violations of the Constitution
• violations of federal law

"Arizona's law is the subject of action by both the US Supreme Court and the Office of Civil Rights, making it a test case that has general implications" (Lawton, p. 456).

i.e., what happens in Arizona could lead to policy changes in other states.

U.S. Supreme Court

(Federal)

Courts of Appeal

District Courts

Flores v. Rzeslawski, 2006

Arizona v. Flores, 2000

1992

Ninth Circuit Court of Appeals

Horne v. Flores, 2009

Funding for ELLs in the Nogales district is "arbitrary and capricious"

A class action law suit is filed in federal district court

State Public Instruction Superintendent Tom Horne petitions the SCOTUS to be released from court supervision

Court Order (August):

Miriam Flores

2004

A 5-4 decision by SCOTUS sent the case back to the lower (district) court.

1) must standardize methods of LEP identification

2) must standardize methods for reassessing proficiency

3) must align curriculum with academic standards and

Plaintiffs claim:

Cost Study Conducted

"The younger Miriam Flores started kindergarten in the 1991-92 school year at Coronado Elementary School without knowing English at a time when the district provided bilingual education for English learners. Her mother recalls that in grades K-2, her daughter received all instruction in Spanish.

strategies appropriate for ELLs

AZ has violated Ss civil rights

Asked the district court to reconsider the following:

• not appropriate funding

Recommended funding for ELLs:

Decision:

"The saga of Flores illustrates the kind of power struggles between the legislative and judicial branches of government that cause a generation of school children to be denied their rights" (First, 378).

• failure to implement ELL program of instruction

Then in 3rd grade, she had a monolingual English teacher without a bilingual teaching assistant, and the child couldn't understand what was going on, according to her mother" (Zehr).

Court Order (October):

Sent the case back to the district court

state funding must reflect cost of ELL programs

1) The adoption of new teaching methods

2) The enactment of NCLB

3) Structural and management reforms in Nogales

4) Increased overall education financing

(Arocho)

$670 --- $2,571 per ELL

(Arocho)

(Arizona)

(Lewin)

2006

2004

1992

2000

2009

2001

2007

2006

(November)

The AZ legislature had increased funding for ELLs

The Passing of Proposition 203

U.S. District Court Decision, 2007

$444 per student

"English for the Children"

$365

.

2001

AZ Legislature increases funding for ELLs

AZ still "illegally underfunding programs directed toward English Language Learners."

(Douglass Horsford)

• AZ only allowed additional funding to Ss for two years

Equal Educational Opportunities Act, 1974

$340 per student

$179

(EEOA)

• AZ must comply and properly fund ELL education by end of 2007

(Zehr)

• AZ required districts to use federal funding for ELL services before receiving state aid

• Flores plaintiffs argue this increase is not sufficient

• AZ must fund ELLs for more than two years if necessary

• District court agrees

• AZ cannot rely on federal funding for ESL Programs

(Arizona)

Federal funds must "supplement, not supplant" state aid.

(Litigation)

• an amendment to the Elementary and Secondary Education Act

• defined the denial of equal educational opportunity

Definitions of Discrimination

in the EEOA

Schools must work with ELLs to overcome language barriers

• Race and/or National Origin

Judging compliance:

• Sex-based

As of 2005, about 8% of overall education funding in the US was federal funding

Q: Is the school's language program based on sound educational theory?

• Religious

• Disabilities

Q: Does the school effectively implement the educational theory/principles?

• English Language Learners

Q: Do the results of the program show improvement over time?

(Types)

(No Child Left Behind, 2002)

I. Improving the Academic Achievement of the Disadvantaged

II. Preparing, Training, and Recruiting High Quality Teachers and Principals

III. Language Instruction for Limited English Proficient Learners

(Spellings)

Arizona wanted to rely on these federal funds for ELL programs