The Arizona Supreme Court has chosen not to review a lawsuit that challenges the use of dual-language instruction in public schools, thereby upholding a previous court ruling that supported Attorney General Kris Mayes and permitted school districts to carry on with state-sanctioned language programs.
This case was initiated by Superintendent of Public Instruction Tom Horne, who filed a lawsuit against Mayes, Governor Katie Hobbs, and ten Arizona school districts regarding their implementation of a dual-language learning model for English language learners. By opting not to hear the appeal, the state’s highest court maintained the lower court’s decisions that dismissed the lawsuit.
The central question was whether the superintendent possessed the authority to prevent school districts from utilizing a dual-language model that had received approval from the Arizona State Board of Education. In 2023, Horne issued a letter to the districts instructing them to cease dual-language instruction for English language learners, claiming that this method was in violation of state law.
In response, Mayes provided a formal legal a opinion stating that only the State Board of Education—not the superintendent—holds the power to approve or revoke structured English immersion models. When Horne filed a lawsuit in reaction, the lower courts determined that he did not have the authority or legal standing to pursue the case.
“This is a great result for the people of Arizona,” Mayes said in a statement, adding that the Supreme Court’s action confirms the limits of the superintendent’s power and upholds the role of the State Board in setting instructional models.
The Supreme Court’s choice not to review the case maintains the dual-language programs and concludes the legal dispute, upholding the lower court’s dismissal and the attorney general’s understanding of state law.
