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Arizona's Proposition 203, the “English for the Children” initiative, was approved by 63% of the state's voters on November 7, 2000. The initiative, sponsored by Ron Unz and his English for the Children campaign, was nearly identical to Proposition 227 in California, which effectively eliminated bilingual education in California after its passage in 1998, although there were attempts to close some loopholes and some of the Arizona provisions were more punitive. Prior to the passage of Proposition 203, Arizona schools had flexibility in the use of instructional models for English language learners (ELLs). At the time, only about 30% of ELLs were in bilingual programs. Others received services through pull-out or in-class English as Second Language (ESL) instruction and/or classroom support from ESL-endorsed teachers.

Proposition 203 was designed to end bilingual education programs. Opening declarations in the initiative allude to bilingual programs as being responsible for high student drop-out rates and low English literacy levels. Based on these declarations, the law requires that all children in Arizona public schools be taught English by being taught in the English language and that all children be placed in English language classrooms. Two types of English language classrooms are identified in the law, although they are poorly defined: mainstream and sheltered or structured English immersion (SEI). Mainstream classrooms are defined in the law as those in which the students either are native-English-language speakers or have already acquired reasonable fluency in English. Structured English immersion is defined by Proposition 203 as an English language acquisition process for young children in which nearly all classroom instruction is in English but the curriculum and presentation are designed for children who are learning the language. It further stipulates that in SEI classrooms, books and instructional materials are in English and that all reading, writing, and subject matter are taught in English. According to this law, teachers in SEI classrooms may use a minimal amount of the children's native language when necessary; however, no subject matter may be taught in any language other than English, and children in SEI classrooms must learn to read and write solely in English. The law requires that ELLs be educated through SEI during a temporary transitional period not normally exceeding 1 year. Despite the suggested time limit, students must remain in SEI classrooms until they are redesignated as fluently English proficient. In addition, Proposition 203 requires that a standardized, nationally normed written test of academic subject matter given in English be administered at least once each year to all Arizona public school children in Grade 2 and higher.

Parental Waiver Provisions

Proposition 203 outlines waiver provisions for parents who want their children to participate in bilingual education programs. To obtain a waiver, the child must meet the criteria of one of the following three waiver types:

  • Children who already know English. The law stipulates that sufficient proficiency in English to obtain a Type 1 waiver provision is determined by an oral evaluation or standardized test of English vocabulary comprehension, reading, and writing, in which the student scores approximately at or above the state average for his or her grade level or at or above the fifth-grade average, whichever is lower.
  • Children who are 10 years old or older. In addition to age, to obtain a Type 2 waiver, the law stipulates that it must be the informed belief of the school principal and educational staff that an alternate course of educational study would be better suited to the child's overall educational progress and rapid acquisition of basic English language skills.
  • Children with special individual needs. To obtain a Type 3 waiver, a child must first spend 30 days in an English language classroom, and parents must write a description of no less than 250 words to document their child's special individual needs. In addition, the law stipulates that it must be the informed belief of the school principal and educational staff that the child has such special and individual physical or psychological needs, which are above and beyond the child's lack of English proficiency, and that an alternate course of educational study is better suited to the child's overall educational development and rapid acquisition of English. In addition, the law states that a Type 3 waiver must be signed by both the principal and the district superintendent, that teachers or schools may deny the waivers without explanation or legal consequence, and that the existence of such special individual needs does not compel the issuance of a waiver.

Parents must personally visit the school (each year) to apply for a waiver. If waivers are granted, then the student must be transferred to classes in which English and other subjects are taught using bilingual education techniques. If 20 or more students in a school at the same grade level receive a waiver for bilingual education, then the school is required to offer a bilingual class. Otherwise, students who receive waivers must be permitted to transfer to a public school in which such a class is offered.

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