The question of how Arizona should teach its students who are learning English landed on the menu of the U.S. Supreme Court this week and put Nogales, Ariz., in the national spotlight.
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The parents wanted to sue the district because “they didn’t feel the district was funding their children’s education adequately,” said Ana Doan Woolfolk, bilingual education director at NUSD from 1990 to 2000.
At the direction of Raul Bejarano, then superintendent, Woolfolk explained to the parents that the state allotted $150 each year per student classified as an English language learner (ELL).
The district spent its own funds to help teachers obtain a bilingual or English as a Second Language (ESL) endorsement and paid those teachers an extra $2,000 per year, Woolfolk said. It also hired teacher aides who spoke Spanish for kindergarten through second grade.
NUSD did extensive testing of its ELLs at every grade level and monitored their progress until they could perform at grade level, Woolfolk said. Once the state began standardized testing about 1994, “our high school ELLs were outscoring the state average in writing.”
“Once the parents found we were funding the education for ELLs way above the state level, they sued the state and they won.” Woolfolk said.
By a unanimous vote, the 9th U.S. Circuit Court of Appeals held in 2000 that Arizona was in violation of the Equal Educational Opportunities Act, wrote John W. Borkowski, in the January 2009 edition of ELA Notes (Education Law Association). The court found that Arizona failed to provide adequate resources to implement ELL programs throughout the state.
In December 2001, the Legislature narrowly passed a measure to double aid for ELL students from $162 to $340 next year, according to a Dec. 23, 2001, story in the Nogales International.
In January 2007, Guillermo Zamudio, former NUSD superintendent, testified in federal court in Tucson, he said.
“We had done some cost studies to show what it was costing us to educate the ELLs and show what progress we had made,” Zamudio said. “We were spending significantly more than the state was giving us for each ELL student.”
His successor, current NUSD Superintendent Shawn McCollough, questioned why school districts look at non-English-speaking students as a burden.
“Doctors don't complain when sick people come to their office,” McCollough said in an NI story published July 15, 2008. “Preachers don't complain when sinners come to their church. So why would educators complain when non-English-speaking kids come to them and need help?”
The Arizona Legislature studied the English proficiency issue and came up with a mandate to separate ELLs for four hours a day of intensive English instruction. It went into effect in the 2008-2009 school year. Many superintendents objected to the plan and claimed the state did not provide enough funding for extra teachers.
In summer 2008, Tom Horne, state superintendent of schools, and the Arizona Legislature asked the U.S. Supreme Court to review the case, Borkowski wrote. It went before the court on April 20, 2009.
“We feel there is no need for the federal court to be involved,” Horne told the Nogales International.
NUSD is doing a good job of educating English learners, Horne said. Recently, students in four Nogales schools, classified two years earlier as ELLs, passed all three sections of the state AIMS test at a higher rate than the state average.
Horne expects the court to rule by June 30, he said.
What does he hope will happen?
“That the court will get out of our education process,” Horne said.






Comments
Hatun wrote on Jul 15, 2009 6:18 PM:
Thomars wrote on Jul 15, 2009 6:18 PM:
Education is impotent for the child future. So I think, we need more support the education to the government.
Thank "
giovanni wrote on Jul 15, 2009 6:15 PM:
Tina wrote on Jul 15, 2009 6:15 PM:
" The parents wanted to sue the district" why they had this thinking, but superintendent had own idea. Actually, the district spent something on bilingual or English as a second language endorsement. I think that it a good idea for this.The teacher and student are usually need it. "
Ilse wrote on Jul 15, 2009 6:14 PM:
Salome Mlaki wrote on Jul 15, 2009 6:13 PM:
Benjamin wrote on Jul 15, 2009 6:11 PM:
To me, education is vital for their children; and if children have basic education it can help the future of the family, Arizna state, and ultimately the United States. "
Anastasia LI wrote on Jul 15, 2009 6:08 PM:
Non-English-speaking people need the help from society, we have to do our best to give them a hand. "
Almuatasem wrote on Jul 15, 2009 6:06 PM:
JAFFER wrote on Jul 15, 2009 6:02 PM:
before we look to the way they got here, the important is that they are here!
so, we just need to look to the feature or at least the present.
indeed, that is a good things thing that the state of Arizona helps to teach English. they just pay 150$ each year per student.
other side like tax payer don't like the idea that they are spending money on illegals people. "
Nogalian wrote on May 6, 2009 8:05 AM:
Doctors are prepared to deal with different illnesses, and ONE patient at a time. Preachers just listen and give the best advice they can provide (again ONE at a time). Teachers have at least 20 students in a class, if they are lucky, and have to deal with many different ways of learning. On top of that, sometimes they have to teach students that don't understand a complete sentence in English. Teachers need to be trained to teach these students. Let's not forget that these students are the future of America, and What would happen to our country if they are not functional in our society? "
HER wrote on Apr 25, 2009 6:31 PM:
Analizabeth wrote on Apr 24, 2009 9:53 PM:
OMG wrote on Apr 24, 2009 5:48 PM:
I heard an unfortunate RUMOR that Mrs. Flores had cancer. Like I said, it was a rumor. Though I wonder if they decided to sue the state to win money for medical bills.
There are so many other students who were classmates of Ms. Flores at the time that went on to achieve better and greater things, one of them being higher education. It seems that the parents of Ms. Flores found a way to work the system and took advantage of it. I truly believe that the parents did not take the time to educate themselves to help better further their daughter's education and they found that suing the state would be the way to compensate for that!
As an educator, that just makes me ill!!! "