PHOENIX (By Pat Kossan, Arizona Republic) December 14, 2004 - A motion filed Monday in federal court could force Arizona to keep its promise to ensure that students who are just learning English have the supplies, special tutoring and well-trained teachers they need to keep up with their studies.

"It's been five years since we won this case," said Tim Hogan of the Arizona Center for Law in the Public Interest, which filed the original suit in U.S. District Court in 1992. "Not nearly enough has been done to ensure us these kids are getting the services and programs they need to achieve academically."

Attorney General's Office spokeswoman Andrea Esquer said the office, which defended the state, is not ready to comment on the filing.

In response to the ongoing lawsuit, the Legislature has increased money schools get to help educate kids still learning English, doubling the amount to $340 per child.

Lawmakers also appropriated about $15.5 million a year to help schools pay for teacher training and extra programs. That funding is scheduled to end after the 2004-05 school year, the motion stated.

Hogan said those funds are not nearly enough.

As part of an "interim settlement" in 2002, the state hired the National Conference of State Legislatures to complete a cost study.

The state received a five-page summary report in August that said students still learning English, and who live in poverty, need about $2,000 each to learn the language and keep up with their peers in other subjects.

Lawmakers reconvene in January.

Hogan wants to make sure the Legislature revisits the issue and asked the federal court to move quickly because of the state's "pattern of inaction and delay."

"I want to make sure we don't go through another legislative session without solving this problem," Hogan said.