Bilingual Initiative Case Goes Before State Justices

Howard Fischer
Arizona Capitol Media Services

Thursday, August 17, 2000.

PHOENIX - The Arizona Supreme Court has agreed to decide if voters are being misled about the effects of an initiative to rid state schools of bilingual education programs.

Yesterday, the justices refused to block the Secretary of State's Office from printing voter pamphlets that contain disputed language on Proposition 203. But they agreed to hear the case as quickly as they can.

Time is of the essence: The last day for changing the pamphlet is next Thursday.

Proposition 203 would scrap bilingual education programs and force educators to teach only in English.

Students who enter school without English fluency would be placed in "structured English immersion" courses while continuing their regular school work.

Supporters say students who need more help would be able to get it.

Lawmakers who are members of the Legislative Council wrote what is supposed to be a neutral explanation of the measure. It appears in pamphlets given to all registered voters.

Attorney Hector Villagra, in legal papers filed with the Supreme Court, said legislators were not neutral.

For example, he said, the explanation says public schools have to provide bilingual education to students not fluent in English.

In fact, Villagra argued, most students participate in English as a Second Language programs, which he said are different.

Also yesterday, Maricopa County Superior Court Judge Robert Myers set a hearing for next week on a proposal to require a two-thirds vote for approval of initiatives or referendums dealing with wildlife.

Foes of that measure contend that Proposition 102 cannot appear on the ballot at all because it violates requirements that constitutional amendments deal with a single subject.

That question will not be resolved by the deadline for printing ballot pamphlets as whoever loses will appeal to the Supreme Court.

That means the pamphlet could contain an explanation of the measure, even though it may not appear on the Nov. 7 ballot.