Republican Majority Passes Third ELL Measure of Session, Fourth Overall

(State Capitol, Phoenix) For the fourth time since May, and for the third time since the legislative session began in January, the legislature has passed a bill to comply with the orders of the federal court and provide adequate funding and accountability for English Language Learner programs. All of the prior bills have been vetoed by Governor Janet Napolitano, allowing court fines to pile up to $21 million. The fines, imposed by the federal judge who is awaiting the opportunity to review a legislative ELL solution, are now accumulating at $1 million per day. In the best interests of Arizona, Senate President Ken Bennett and House Speaker Jim Weiers call on the governor to end her obstructionist ways and finally allow the judge to consider a legislative plan to address the teaching of English Language Learner students. HB 2064 provides specific provisions to ensure that ELL programs are adequately funded based on the actual costs of schools to teach ELL students, as opposed to an arbitrary number, a problem specifically identified by the court in the lawsuit. The bill also eliminates the incentive to allow these students to languish under an ELL designation while extra per pupil money is collected by school districts on the backs of these students and Arizona's taxpayers. It requires that students become proficient in English within two years so that they can move out of the program and go on with their education in regular classes. The measure further provides the following: - Implements the will of the people as passed under Proposition 203 that students learn English by structured English immersion in our schools. - Provides an additional $32.5 million for ELL funding in the first, transitional year of this legislation. - Increases base ELL funding by 22% and adds millions for tutoring and accountability. - Establishes that actual demonstrated costs will indicate the levels of funding beyond the first year. - Provides for the use of funds already in the system (including portions of federal and desegregation money appropriate for this use) and establishes a mechanism for additional funding where additional cost is established. - Establishes a bipartisan task force with appointees by both the legislative and the executive branches of government to oversee the implementation of ELL programs to determine the approaches which are best to accomplish the goal of teaching these students English. - Streamlines requirements for school districts to receive funding for ELL programs by establishing structured English immersion model approaches from which the districts may choose. President Bennett said, "We are hoping that the fourth time is the charm for the Governor to finally allow a bill that emphasizes both accountability to Arizona's taxpayers and an effective system for providing instruction to ELL students to go to the judge." Speaker Weiers said, "For the fourth time, the Legislature has attempted to end this court case with a sound and reasonable piece of legislation that takes care of the problem and protects the taxpayers. It is time for the governor to accept this solution for the good of Arizona." The measure to reform Arizona's system for funding English Language Learner programs now goes to the governor again. The question remains whether it will finally have an opportunity to be evaluated by the federal judge or instead will a fourth veto from Governor Napolitano prevent that, continuing to expose the state to mounting fines for contempt of court.