PHOENIX — A judge has dismissed a lawsuit filed by Arizona's schools chief that challenged programs that some school districts use to teach non-English speaking students.
In a ruling Tuesday, Maricopa County Superior Court Judge Katherine Cooper concluded Horne lacked the statutory authority and legal standing to file the lawsuit and that he failed to state legal claims against Democratic Gov. Katie Hobbs, Democratic Attorney General Kris Mayes and 10 school districts.
“The State Board, not the School Districts, are responsible for developing and approving the immersion models. ... The School Districts, like all public and charter schools, are required to follow a model as approved by the State Board,” Cooper wrote. Last year, Mayes issued an opinion at the request of Democrats in the Arizona Legislature that concluded only the state education board, and not the superintendent of public instruction, has the authority to decide whether schools are in compliance with state laws governing how schools teach English language learners.
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