Overview
- On Jan. 7, the court declined to review the superintendent’s challenge to districts using dual‑language instruction for English learners.
- The decision leaves in place lower‑court dismissals that said Tom Horne lacked legal authority to sue school districts over their programs.
- Attorney General Kris Mayes said the outcome confirms that only the State Board of Education can set learning models, determine compliance, and control English‑learner funding.
- Horne’s 2023 suit argued dual‑language models violate voter‑approved Proposition 203, even as the board in 2020 authorized dual‑language among four options after a 2019 law expanded models.
- A separate case involving a Scottsdale parent challenging a district’s dual‑language program was dismissed for lack of standing, with an appeal still pending.