By Chip Scutari
The Arizona Republic
Dec. 28, 2001 12:00:00
http://www.arizonarepublic.com/special12/articles/1228ENGLISH28.html

Gov. Jane Hull signed a bill Thursday that pumps millions of dollars into programs for 150,000 Arizona students struggling to learn English.

Hull's signature, however, doesn't lift a federal court order that stems from a 1992 court case, Flores vs. Arizona. A federal judge in Tucson has the final word.

Tim Hogan, a public interest attorney, said he will ask U.S. District Judge Alfredo Marquez in January to force the Legislature to set aside more money for the children.

Hogan said the Legislature's plan is inadequate because it's based on the approach of the Nogales School District, which still has deficiencies ranging from overcrowded classes to a lack of qualified teachers. He may also ask Marquez to stop the state from receiving federal highway funds, a potential loss of $450 million.

"I think the court will reject this," Hogan said.

Marquez can either approve the plan or force lawmakers to work on a new one.

Hull spokeswoman Francie Noyes said the bill makes a "good faith effort."

"The governor feels that it's so important that these children learn English," Noyes said. "It's the only way they will make their way in the economy of the future."

The bill calls for spending about $45 million in 2003 for student tutoring, teacher training and instructional materials. It would spend $340 for every English-learner student, an increase of $170 a child. It provides $5.5 million a year in additional money for tutoring and $4.5 million a year for teacher training.

In Flores vs. Arizona, Marquez ruled the state has insufficient teaching materials to help non-English-speaking students, too many students in classrooms and not enough qualified teachers and teacher aides to help them.