Appeals court denies stay in language-funds case
Jun. 30, 2007
The 9th U.S. Circuit Court of Appeals on Friday rejected a stay request
intended to hold off sanctions against the state that could be imposed by a
federal district court for failure to adequately fund English-language learner
Since the state hasn't yet been held under contempt for the funding flap, the
appeals court denied the stay request filed by legislative leaders and state
schools chief Tom Horne.
But the decision probably means little in the outcome of the 15-year-old dispute
over funding for Arizona schoolchildren struggling to learn English.
That's because Tim Hogan, the plaintiff's attorney with the Arizona Center for
Law in the Public Interest, said he would "likely" file a request next week for
the federal judge to begin sanctioning the state. Once that happens, legislative
leaders and Horne can refile their stay request with the appeals court.
"It gives me a little time," Hogan said of the decision.
Flores vs. Arizona was filed in 1992 and centers on whether the state is meeting
obligations under federal law to help children learn English.