Timothy M. Hogan, a public-interest lawyer who is advocating that Arizona provide more money to schools to teach English-language learners, got a chance to name in court recently several public officials who, in his belief, deserve to go to jail.
U.S. District Judge Raner C. Collins held a hearing Oct. 31 on Mr. Hogan鈥檚 request that the federal government withhold funding for federal highway construction from Arizona because the state legislature and the governor haven鈥檛 figured out how to provide adequate funding for schools to teach the state鈥檚 185,000 English-language learners.
鈥淭he judge was a little frustrated with trying to figure out a solution to the problem,鈥� Mr. Hogan, the executive director of the Phoenix-based Arizona Center for Law in the Public Interest, said last week. 鈥淗alf-kiddingly, half-seriously, he asked who I thought needed to be put in jail.鈥�
Mr. Hogan named Gov. Janet Napolitano, a Democrat; Senate President Ken Bennett, a Republican; and Speaker of the House James P. Weiers, a Republican.
Those are the people heading the list of public officials who haven鈥檛 complied with the court鈥檚 earlier ruling in Flores v. Arizona to provide adequate funding for students learning English, he said.
Judge Collins ruled on Jan. 25 of this year that the legislature had until the end of April or the end of the 2005 legislative session鈥攚hichever was later鈥攖o find a solution to the problem.
The legislature, whose session ended in May, has made 鈥渁 good-faith effort鈥� to resolve the issue, said Andrea Esquer, the press secretary for Arizona Attorney General Terry Goddard, a Democrat. The state鈥檚 answer to Judge Collins鈥� question is that 鈥渋t wouldn鈥檛 be appropriate to jail anyone,鈥� Ms. Esquer said.
She said lawmakers passed legislation at the end of legislative session that would have provided more money for schools to teach English-language learners, but Gov. Napolitano vetoed the bill.
So, the state missed the deadline set by the federal judge.
Ms. Napolitano believed the level of funding provided in the bill wasn鈥檛 sufficient, Jeanine L鈥橢cuyer, the governor鈥檚 communications director, said last week. 鈥淪he further believed it wouldn鈥檛 pass muster with the court.鈥�
As of late last week, the judge had not ruled on the Oct. 31 hearing.
