Arizona backs off monitoring teachers' accents

Marc Lacey

Phoenix -- When Guadalupe Aguayo puts her hand to her heart, faces the American flag in the corner of her classroom and leads her second-graders in the Pledge of Allegiance, she says some of the words - like allegiance, republic and indivisible - with a noticeable accent.

When she tells her mostly Latino students to finish their breakfasts, quiet down, pull out their homework or capitalize the first letter in a sentence, the same accent can be heard.

Aguayo is a veteran teacher in the Creighton Elementary School District in central Phoenix as well as an immigrant from northern Mexico who learned English as an adult. Confronted about her accent by her school principal several years ago, Aguayo took a college acting class, saw a speech pathologist and consulted with an accent reduction specialist, none of which transformed her speech.

As Aguayo has struggled, though, something else has changed. Arizona, after almost a decade of sending monitors to classrooms across the state to check on teachers' articulation, recently made a sharp about-face on the issue. A federal investigation of possible civil rights violations prompted the state to call off its accent police.

"To my knowledge, we have not seen policies like this in other states," said Russlynn Ali, the assistant federal secretary of education for civil rights.

Silverio Garcia Jr., who runs a barebones organization called the Civil Rights Center out of his Phoenix-area home to challenge discrimination, was the one who pressed the accent issue. In May 2010, he filed a class-action complaint with the federal Department of Education alleging that teachers had been unfairly transferred and students denied educations with those teachers.

The state says its teacher reviews were in line with the decade-old federal No Child Left Behind Act, which requires that only instructors fluent in English teach students who are learning English. State education officials say that accents were never the focus of their monitoring.

"It was a repeated pattern of misuse of the language or mispronunciation of the language that we were looking for," said Andrew LeFevre, a spokesman for the State Department of Education. But the federal review found that the state had written up teachers for pronouncing "the" as "da," "another" as "anuder" and "lives here" as "leeves here."

The teachers who were found to have strong accents were not fired, but their school districts were required to work with them to improve their speech.

"It's a form of discrimination," said Araceli Martinez-Olguin, a lawyer with the Legal Aid Society-Employment Law Center in San Francisco, who is representing Aguayo in a discrimination complaint.

John Huppenthal, Arizona's superintendent of public instruction, has sent mixed signals about the state's position on accents. In a recent article in the Arizona Republic, he said he would seek authority from the Legislature to allow state monitoring of teachers' fluency in English.

But Huppenthal's spokesman, LeFevre, said last week that Huppenthal made that comment before he had all the information on the matter and that he had no plans to pursue the issue with lawmakers in the next legislative session.