Hayworth Introduces Bill Declaring Arizona's ELL Funding Complies with Federal Law

Legislation would prevent federal judiciary from acting as the legislative and executive branch Washington, D.C. Congressman J.D. Hayworth introduced legislation on April 5 declaring that the ELL funding plan adopted by the Arizona legislature and allowed to go into effect by Governor Janet Napolitano complies with the Equal Education Act of 1974. Enactment of this bill would effectively end the ongoing court case against the Arizona law. The bill is in response to a request by Arizona Superintendent of Education Tom Horne, who called on Arizona's congressional delegation to seek legislation preventing the federal Equal Education Act of 1974 from being used by a federal court to micro manage Arizona's English-learner acquisition program. "The state of Arizona has clearly met the requirements of the federal law and it is time to put this issue to rest and get on with serving all of Arizona's students," said Hayworth. "This is a federal law and it is being contested in federal court, so this is an appropriate issue for congressional action." According to news reports, a private attorney hired to represent the state by Arizona Attorney General Terry Goddard told U.S. District Judge Raner Collins that key parts of the Legislature's plan violate federal law, a strategy encouraged by the Governor. "It is shameful that the Governor and Attorney General have actively sabotaged the state's case and orchestrated a judicial power grab," said Hayworth. "We must not allow Arizona's ELL program to be run by an unelected and unaccountable federal judge just because the Governor can't bring herself to compromise with the legislature."