Challenge to bilingual ed ballot question heads to court

By Associated Press, 7/23/2002

BOSTON (AP) A bilingual education proposal to be decided by voters is misleading because a  one-sentence ballot summary does not say it allows teachers to be sued, opponents argue in a  suit filed with the state's highest court.

But Attorney General Tom Reilly responded in a letter on Tuesday that the complete summary  that will appear on the ballot and in packets mailed to voters clearly states the possibility of  lawsuits against teachers.

Secretary of State William Galvin, who prepared the one sentence summary with Reilly, said it is  supposed to lay out the question, not present either side's arguments.

''These folks on both sides tend to want to load it up to support their argument,'' Galvin said. ''We  reject that ... Our goal is to make a neutral statement.''

Tim Duncan, a spokesman for the group opposing the proposal, said voters who know about the  teacher-sanction aspect are less likely to support the proposal.

''Teachers should focus on teaching kids, not worrying about being sued for doing their best to  help a child learn,''
Duncan said.

The ballot question would replace the state's current bilingual education system with a one-year  English ''immersion'' program. It would also allow parents to sue teachers or school officials who  refuse to carry out the law.

Supporters say the proposal would help immigrant children learn English more quickly. Opponents say it is too drastic and would hurt non-native English speakers. The complaint was scheduled to be heard by the
Supreme Judicial Court on Wed