To clarify that Arizona is in compliance with the Equal Educational Opportunities Act of 1974 with respect to English language learners.

Declares that: (1) funding for English language learners provided by Arizona's 47th Legislature's Second Legislative Session is adequate; and (2) any failure of Arizona (or by any agency or subdivision of Arizona) to provide funding in excess of that amount is not a denial of equal educational opportunity under the Equal Educational Opportunities Act of 1974, and is not a basis for a civil action, or for relief, against Arizona (or any agency or subdivision).

Makes this Act applicable to litigation pending upon its enactment, including Flores v. Arizona.

[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5105 Introduced in House (IH)]







109th CONGRESS
  2d Session
                                H. R. 5105

  To clarify that Arizona is in compliance with the Equal Educational 
  Opportunities Act of 1974 with respect to English language learners.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 5, 2006

 Mr. Hayworth introduced the following bill; which was referred to the 
   Committee on Education and the Workforce, and in addition to the 
Committee on the Judiciary, for a period to be subsequently determined 
 by the Speaker, in each case for consideration of such provisions as 
        fall within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
  To clarify that Arizona is in compliance with the Equal Educational 
  Opportunities Act of 1974 with respect to English language learners.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``_______ Act of 2006''.

SEC. 2. ARIZONA IS IN COMPLIANCE WITH THE EQUAL EDUCATIONAL 
              OPPORTUNITIES ACT OF 1974 WITH RESPECT TO ENGLISH 
              LANGUAGE LEARNERS.

    (a) In General.--For purposes of the Equal Educational 
Opportunities Act of 1974 (title II of Public Law 93-380; 20 U.S.C. 
1701 et seq.)--
            (1) the funding for English language learners provided 
        pursuant to Chapter Four of the State of Arizona's 47th 
        Legislature's Second Legislative Session is adequate; and
            (2) any failure of Arizona (or by any agency or subdivision 
        of Arizona) to provide funding for English language learners in 
        excess of the funding referred to in paragraph (1)--
                    (A) is not a denial by Arizona (or by any agency or 
                subdivision of Arizona) of equal educational 
                opportunity for purposes of section 204(f) of that Act 
                (20 U.S.C. 1703(f)); and
                    (B) is not a basis for a civil action, or for 
                relief, against Arizona (or against any agency or 
                subdivision of Arizona) under section 207 of that Act 
                (20 U.S.C. 1706).
    (b) Applicability to Current Litigation.--This Act applies to 
litigation pending as of the date of the enactment of this Act, 
including the litigation known as Flores v. Arizona.
                                 <all>