Because the Legislature and governor have failed the last five years to develop a way to better fund schools teaching students English, a lawyer says the state stands at risk of losing half a billion dollars of federal money.

Tim Hogan, executive director of the Arizona Center for Law in the Public Interest, says because the state is violating a 2000 court order, he will seek to have a federal judge withhold the state’s entire federal highway funding unless a sufficient plan is developed in the coming weeks. He also said he would seek daily fines against the state.

Another option, Mr. Hogan said, is to have the court appoint a master to oversee the problem and help develop a solution.

“The state is violating federal law every day,” he said. “I don’t see why the state should receive the benefits of that federal relationship through funding when it continues to snub its nose at federal law.”

In January, a federal judge ruled that the state had until April 30 or the end of the 2005 regular legislative session to comply with the 2000 court order in Flores v. Arizona. In the early morning hours of May 13, the Legislature approved a Republican-designed plan to revamp the way the state funds English language learner, or ELL, students.

A week later, though, Governor Napolitano vetoed the bill, H2718, in part because the bill provides funding that “is grossly inadequate over the long run to meet the state’s ELL needs.”

Hogan Waits For Progress

Mr. Hogan, the lawyer who brought the Flores case against the state in 1992, said he has no immediate plans to return to court to seek sanctions. If, in “a few weeks,” no progress has been made between legislative leaders and the governor on a funding plan for the ELL students, he said he will take the state to court once again.

Currently, Republican lawmakers stand by the proposal in H2718 and say they have no plans to even discuss it until after the governor approves a corporate tuition tax credit measure she vetoed May 20.

“Once I’m confident it’s going to stay that way or not, then we’ll take appropriate action,” Mr. Hogan said, “but I just think it’s too soon to make that call.”

Through a spokeswoman, the governor said June 1 she is working on a compromise to the Flores issue, but specifics of the proposal were not available. Mr. Hogan said he had spoken briefly with a member of the governor’s staff but did not discuss any details of the plan.

ADOT: Half Of Its Budget Comes From Feds

Kevin Biesty, the Department of Transportation’s chief lobbyist, said ADOT receives more than half of its nearly $1 billion a year budget from the federal government.

“We’d feel it” if Mr. Hogan were successful in getting those funds withheld, Mr. Biesty said. He did not elaborate.

Rep. Farnsworth: Call Hogan’s Bluff

In a May 31 Republican caucus, Rep. Eddie Farnsworth, R-22, said the state should call “Mr. Hogan’s bluff” and let him try to block the federal funding. Mr. Farnsworth says the money can’t be taken away because of an unrelated issue.

However, Mr. Hogan says federal judges have “immense power” to enforce their rulings and the state is defying federal law every day now.

In its caucus, House Republicans said the governor is responsible for putting the federal funding in danger.

“This governor has put us in jeopardy,” Rep. Russell Pearce, R-18, said.

They accused Ms. Napolitano of usurping the judge’s power by not giving the plan a chance to stand on its own. Rep. Tom Boone, R-4, crafted the legislation. He says he believes it “absolutely” meets the requirements set forth by the judge in 2000.

Mr. Hogan disagrees. He says that H2718 did little to add funding to help ELL students, instead wiping out the current funding structure and replacing it with about $30 million. That constitutes replacement funding, not additional funding, he said.

He also said the legislation leaves open the possibility that the state may not reimburse school districts for the costs of educating ELL students.

There is also the issue of timing. If, back in 2000 or 2001, a new funding system had been devised, Mr. Hogan said he would be willing to tweak any problems in it to make it acceptable.

“It’s a little too late five-and-a-half years later,” he said. “That’s just not going to work at this point.

“You’ve got multiple layers going on here and they’ve all got problems.” —