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One of the nations most successful public interest attorneys asked a federal judge Monday to allow students struggling with English to graduate from high school without passing the AIMS test.
AIMS should not be a graduation requirement for immigrant children until the state complies with a federal court order to improve funding for English-learner instruction, said Tim Hogan, who heads the Center for Law in the Public Interest.
Until lawmakers and Gov. Janet Napolitano can end a two-month-long stalemate over a new funding plan for English-learner programs, Hogan wants the judge to suspend the AIMS requirement for thousands of children. Starting with the Class of 2006, high school seniors must pass the reading, writing and math test to earn a diploma.
And, to turn up the heat, Hogan said he plans to ask the same judge in the next couple of weeks to withhold federal highway funds from the state as a sanction for not complying with the court order by the judges deadline of last spring. advertisement
Hogan originally filed the Flores vs. Arizona lawsuit 13 years ago on behalf of a Nogales family. He has also forced the state to spend more than $1 billion repairing and refurbishing schools and to take over the job of building schools, with a lawsuit in the mid-1990s over unequal funding.
Hogan noted that Latino and other minority children improved their scores on the most recent round of AIMS tests. But he said about 83 percent of 3,254 juniors who qualify as English learners - the first class that must pass AIMS to get a diploma - failed key portions such as reading and writing. It was an identical story for more than 5,000 English-learner sophomores.
Officials with the states Department of Education say an unearned diploma is not the answer, and they hope the court rejects Hogans latest plea.
Republican House and Senate leaders plan to meet with Napolitano on Aug. 10 to talk about English-learner funding, the first meeting of the leaders since Napolitano vetoed a GOP-crafted Flores bill in late May. Napolitano and Hogan felt that plan, which required school districts to apply for grants, was inadequate.
Napolitano has since developed a funding plan of her own that would increase spending for English learners by $185 million a year, but legislators have refused to discuss it until Napolitano pledges to reverse a veto of an unrelated measure to create a corporate tuition tax credit for private schools.
Senate President Ken Bennett said lawmakers have increased per-student spending for English learners to more than $350 a year from $150, so theres no evidence of ignoring the court order. He also said exempting English learners from passing AIMS is a horrible idea.
Source : Online Resource
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