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2003 Arizona Attorney General Reports and Opinions 1 (2003)

handle is hein.sag/sagaz0027 and id is 1 raw text is: STATE OF ARIZONA
OFFICE OF THE ATTORNEY GENERAL

ATTORNEY GENERAL OPINION                            No. 103-001
(R03-014)
by
Re: Guidelines Governing Waivers from
TERRY GODDARD                         English Immersion Programs
ATTORNEY GENERAL
July 21, 2003
TO:   The Honorable Pete Rios                The Honorable John Loredo
Arizona State Senate                  Arizona House of Representatives
Ouestion Presented
You have asked whether Arizona Revised Statutes (A.R.S.) § 15-756(B) authorizes the
Guidelines that the Superintendentof Public Instruction (Superintendent) issued on February 12,
2003 concerning waivers from English immersion programs (the Guidelines).
Summary Answer
Section 15-756(B), A.R.S., authorizes the Department of Education (Department) to
develop guidelines for monitoring public schools to ensure compliance with State and federal laws
governing English language learners. Those portions ofthe Guidelines that address thd requirements
for waivers under A.R.S. § 15-753(B)(2) and (3) are consistent with this statutory authority.
Any guidelines for monitoring issued by the Superintendent that concern waivers under
A.R.S. § I5-753(B)(1) must be consistent with testing requirements that the Board adopts under