/ Modified jan 9, 2015 4:25 p.m.

English Language Learners Case Goes to Appeal

Plaintiffs in 2-decade-old case seek to overturn ruling they say segregates their kids in schools.

education school group of students spotlight
Fernanda Echavarri

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A two-decade old lawsuit over how Arizona educates English language learners will be in federal appeals court Monday.

Flores vs. Arizona is a class-action lawsuit brought by parents of English language learners in Nogales in 1992.They argued the state’s four-hour blocks to teach English to students put them behind their peers in mainstream classrooms, violating the Equal Educational Opportunities Act.

In 2013, a federal judge in Tucson ruled for the state, but lawyer Tim Hogan is appealing on behalf of parents in the 9th Circuit Court of Appeals.

"I’m going to focus on the loss of academic content for these kids and how that’s not equal participation that’s required by the law and how the system in Arizona unduly segregates kids for a long period of time to no apparent purpose," Hogan said.

The state Board of Education in December approved optional adjustments to the four-hour block, designed to improve the system.

"It’s about providing more flexibility so you can provide more individualized education and tailor a system a little bit better to the needs of specific students in your schools," said Christine Thompson, executive director of the state board.

She said schools can choose to place students who are at an intermediate level or higher in English, in shorter blocks of two or three hours.

Tim Hogan says because this is optional for schools, many children will remain in the four-hour model.

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