Introduction

The education of English Language Learners (ELLs) in Arizona has been shaped by a complex interplay of legal cases, federal laws, state policies, and societal trends. This paper examines the impact of key legal decisions, federal regulations, and state legislation on language instruction methodologies, student grouping strategies, timeframes for achieving proficiency, and ultimately, the educational outcomes of ELLs in Arizona.

Legal Cases:

• Lau v. Nichols (1974): This landmark case established the principle that schools have an affirmative obligation to provide meaningful language instruction to ELLs. The Supreme Court ruled that placing ELLs in regular classrooms without any language support constituted a violation of Title VI of the Civil Rights Act of 1964, denying them equal access to education. This case forced Arizona to develop programs and services for ELLs.
• Castaneda v. Pickard (1981): This case further clarified the Lau v. Nichols decision by emphasizing that the language instruction provided to ELLs must be effective and tailored to their individual needs. The court ruled that Arizona’s reliance on a single method of instruction (English as a Second Language) did not adequately address the diverse needs of its ELL population.
• Flores v. Arizona (1994): This case focused on the issue of school funding for ELL programs. The court found that Arizona’s system of funding for ELL programs discriminated against non-English speaking students by failing to provide sufficient resources to meet their needs. This decision required Arizona to increase funding for ELL programs and ensure equity in resource allocation.
• Plyler v. Doe (1982): While not directly related to language instruction, this case established the right of undocumented children to attend public schools. This decision had significant implications for Arizona as it has a large population of undocumented residents, many of whom are children.

Federal Laws and Regulations:

• Every Student Succeeds Act (ESSA): This federal law replaced No Child Left Behind and emphasizes accountability, assessment, and providing support for all students, including ELLs. It requires states to develop English language proficiency standards and hold schools accountable for the progress of their ELL students.
• Title III of the Elementary and Secondary Education Act (ESEA): This federal program provides funding to states to support the education of ELLs. The funds can be used for a variety of purposes, including professional development for teachers, curriculum development, and instructional materials.
• Title VI of the Civil Rights Act of 1964: This federal law prohibits discrimination on the basis of several factors, including national origin. It has been used to challenge discriminatory practices in education, including the denial of language instruction to ELLs.
• Office for Civil Rights (OCR)/Department of Justice (DOJ) Resolutions: These resolutions provide guidance to schools on how to comply with federal laws and regulations related to the education of ELLs. The OCR has investigated and resolved numerous complaints alleging discrimination against ELLs in Arizona.

State Laws and Policies:

• Proposition 203 (2000): This voter-approved initiative limited bilingual education programs in Arizona and mandated that most ELL students be instructed primarily in English. This policy has been criticized for its potential to disadvantage ELLs and limit their access to native language support.
• House Bill 2010 (2011): This law required all Arizona teachers to demonstrate English language proficiency before being certified. While aimed at improving the quality of instruction for ELLs, it has also been criticized for creating a shortage of qualified teachers in the state.
• House Bill 2064 (2012): This law established a system of performance-based funding for schools, including bonuses for schools that show significant improvement in the academic performance of ELLs. This policy has incentivized schools to focus on improving the educational outcomes of their ELL students.
• SB1014 (2016): This law requires schools to provide English language proficiency assessments to all students who are identified as ELLs. This data is used to track the progress of ELLs and hold schools accountable for their performance.
• Move On When Reading (MOWR): This state-mandated program requires schools to promote reading fluency by grouping students based on their reading level rather than their English language proficiency level. This policy has been controversial, with some arguing that it disadvantages ELLs by denying them access to targeted language instruction.