Horne v. Flores
Encyclopedia
Horne v. Flores, 129 S.Ct. 2579
Case citation
Case citation is the system used in many countries to identify the decisions in past court cases, either in special series of books called reporters or law reports, or in a 'neutral' form which will identify a decision wherever it was reported...

 (2009), is a case in which the United States Supreme Court remanded the case to determine whether Arizona’s
Arizona
Arizona ; is a state located in the southwestern region of the United States. It is also part of the western United States and the mountain west. The capital and largest city is Phoenix...

 general education
Education in the United States
Education in the United States is mainly provided by the public sector, with control and funding coming from three levels: federal, state, and local. Child education is compulsory.Public education is universally available...

 funding budget supports Equal Educational Opportunities Act (EEOA)-compliant English Language Learner (ELL) programming.

Background

The case was brought by English Language Learner (ELL) students against the state board of education and state superintendent on the grounds that the Nogales
Nogales, Arizona
Nogales is a city in Santa Cruz County, Arizona, United States. The population was 21,017 at the 2010 census. According to 2005 Census Bureau estimates, the population of the city is 20,833. The city is the county seat of Santa Cruz County....

 Unified School District had failed to teach the students English
English language
English is a West Germanic language that arose in the Anglo-Saxon kingdoms of England and spread into what was to become south-east Scotland under the influence of the Anglian medieval kingdom of Northumbria...

, which was vital to their success. The case is styled after the plaintiff, Miriam Flores, one of the parents involved in the case, and the defendant, Thomas Horne
Tom Horne
Thomas Charles "Tom" Horne is the current Arizona Attorney General. He served as the Arizona Department of Education Superintendent of Public Instruction from 2003 to 2011.-Early Life and Education:...

, the Arizona Superintendent of Public Instruction.

In 1992, the Arizona state courts
Courts of Arizona
Courts of Arizona include:State courts of Arizona*Arizona Supreme Court**Arizona Court of Appeals ***Arizona Superior Courts, state trial courts and courts of general jurisdiction...

 decided in favor of Flores, determining that the state had to make certain concessions for the sake of ELLs.

Opinion of the Court

On June 25, 2009, the United States Supreme Court
Supreme court
A supreme court is the highest court within the hierarchy of many legal jurisdictions. Other descriptions for such courts include court of last resort, instance court, judgment court, high court, or apex court...

 overturned the decision of the state court, deciding in favor of Horne, and allowing the state to determine its own requirements with regards to ELL instruction. Justice Alito wrote the opinion for the 5-4 majority. The opinion held that in evaluating the actions of the state attention should focus on student outcomes rather than on spending and inputs to schools.

Dissent

Justice Breyer, joined by Justice Stevens, Justice Souter, and Justice Ginsburg. Justice Breyer argued that the lower courts did fairly consider every change in circumstances that the parties called to their attention, and that the majority opinion risks denying schoolchildren the English language instruction necessary to overcome language barriers that impede equal participation.

See also

The source of this article is wikipedia, the free encyclopedia.  The text of this article is licensed under the GFDL.
 
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