Public interest lawyers are threatening to wreak havoc on an already precarious state budget because lawmakers have not included money to help students overcome language barriers.

A federal judge has ordered Arizona to spend more to teach students who are new to English and to do it this year. Earlier this month lawmakers removed $30 million intended to help comply with the Flores vs. Arizona lawsuit from the budget because of plummeting state revenue projections.

Big mistake, said attorney Tim Hogan of the Arizona Center for Law in the Public Interest.

Hogan told lawmakers Tuesday he will seek termination of all federal funding for state programs, more than $7 billion, unless the Legislature complies with the language requirements.

“Recipients of federal funding also have to be in compliance with civil rights laws, and it’s no question they are not,” Hogan said. “There’s a judgment against them, they haven’t appealed it, and they haven’t satisfied the judgment.”

Hogan’s is not an idle threat. The center has forced the state to its knees before over unequal school construction financing and air quality.

Senate Appropriations Chairwoman Ruth Solomon removed the Flores money because bilingual education advocates said it was not enough.

“Since $30 million was the best we could do given the lack of information at this point, we’ll just have wait until we have the official cost figures and hammer something out,” said Solomon, D-Tucson.

Arizona spends $20 million now for bilingual education programs, but other Senate Democrats estimate that it will cost another $170 million a year to comply with the ruling of Judge Alfredo Marquez in Federal District Court.

Despite Arizona voters outlawing bilingual education last year, Marquez ruled that funding for the alternative, English immersion or any other method, was woefully inadequate.

Solomon said lawmakers can embark on a special session to find money for English as a second language programs after the Department of Education finishes a court-ordered cost study due April 23.

Just because Flores is not reflected in current budget negotiations doesn’t mean it’s “off the table,” said Francie Noyes, spokeswoman for Gov. Jane Hull.

“The judge ordered the study, it’s being done, we’ll look at those numbers when we get it,” Noyes said.



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