Resource: Horne v. Flores

The Arizona Superintendent of Public Instruction and members of the Arizona state legislature moved for relief from judgments of the United States District Court for the District of Arizona. In January 2000, the court had cited the state for civil contempt for failing to adequately fund English Language Learner programs, in violation of the Equal Educational Opportunities Act and subsequently rejected proposed legislation as inadequate to resolve the programs' deficiencies. The superintendent and representatives argued that increases in state funding, changes in the management of the school district involved, and passage of the No Child Left Behind Act sufficiently altered the foundations of the district court's original ruling and therefore relief was warranted. The federal district court of Arizona denied the motion. On appeal, the United States Court of Appeals for the Ninth Circuit affirmed. It reasoned that since Arizona never appealed or complied with the district court's original order that it was fair to require compliance.