Appeals Court rules English-learner program deficient

by Mary Jo Pitzl - Apr. 18, 2008 12:00 AM

The Arizona Republic

Next stop in the legal battle over the state's English-learner program: The U.S. Supreme Court.

State Superintendent of Public Instruction Tom Horne said Thursday that in the wake of a denial from the 9th U.S. Circuit Court of Appeals, he intends to take the case to the nation's top court.

"Fundamentally, there's an issue of principle involved," Horne said.

It boils down to who should control the state's programs for teaching English to non-native speakers: The people, through their elected officials, or a judge, Horne said.

His comments came as the Appeals Court on Thursday denied state officials' request to reconsider its February ruling against the state's English-learner program. Horne, along with Republican legislative leaders, had asked the Appeals Court for an en banc review, in which a bigger appeals panel would review the case.