California Teachers Association files suit to block key provision of Prop. 227

SANTA ANA _ Parents should not be allowed to sue teachers who fail to follow Proposition 227, the initiative that requires students to be taught in English, a teachers union contends in a lawsuit filed Thursday.

The proposition, approved by state voters in June, allows parents to sue teachers or administrators who “willfully and repeatedly” refuse to implement its requirement that instruction be conducted overwhelmingly in English.

The clause allowing suits is key to enforcing the English-instruction rule for California’s 1.4million limited-English students.

The California Teachers Association, which represents 285,000 state teachers, said in its lawsuit filed in U.S. District Court in Los Angeles that the proposition is unconstitutionally vague and exposes teachers to potentially frivolous lawsuits.

“We’re not telling them to break the law,” said CTA spokeswoman Tommye Hutto. “We’re just saying that there is no other law of any kind anywhere that holds teachers personally liable like this.”

Ron Unz, author of Prop. 227, said the law is clear about what it means to teach in English and that teachers should have no fear of suits if they comply.

“Anyone who says it’s vague is being intentionally misleading,” he said.

In July, a federal judge refused to grant an injunction against Prop. 227 sought by Hispanic- and civil-rights groups, which joined the CTA in Thursday’s filing. The lawsuit names Gov. Pete Wilson, State Superintendent Delaine Eastin and the State Board of Education as defendants.



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