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PHOENIX — A federal judge refused Monday to halt contempt proceedings while attorneys for state lawmakers appeal his ruling that the lawmakers are not adequately funding programs to teach English.

The ruling by Judge Raner Collins technically means the state is now in contempt of his order earlier this year to adopt a new plan by the end of the legislative session. Lawmakers adjourned Wednesday without acting.

Tim Hogan, attorney for the parents who successfully sued the state, said he won't ask Collins to begin levying fines — at least not yet.

Hogan said he will wait until the 9th U.S. Circuit Court of Appeals considers a similar request by legislators to block any fines while they appeal Collins' original order. The appellate judges have not said when they will act.

But Hogan said if the appellate judges reach the same conclusion as Collins — that a stay is not appropriate — then he will ask the judge to impose financial sanctions for ignoring the court order. And Hogan said he might even seek penalties personally against Senate President Tim Bee and House Speaker Jim Weiers for refusing to even consider legislation this session.

Gov. Janet Napolitano, who unsuccessfully urged legislators to adopt a new funding plan before the deadline, has not decided yet whether to call them back into special session. Gubernatorial press aide Jeanine L'Ecuyer said that decision may wait until the 9th Circuit decides whether to stay the appellate proceedings.

Possible financial penalties aside, Hogan said each delay means more students are not getting a proper education.

Hogan said they are going to drop out or fail the AIMS test — administered only in English — now required to get a diploma.

Barrett Marson, a spokes-man for Weiers, said the speaker is not concerned about personal fines. He said Weiers believes the appellate judges will conclude Collins was wrong in his March ruling that the state is not complying with federal laws requiring that all children have an adequate opportunity to learn English.

That 2006 law did provide about $14 million in additional direct aid to schools above what Collins had previously ruled inadequate. But lawmakers put a "poison pill" in the legislation: The extra cash was conditional on Collins ruling that the new plan put Arizona in compliance with federal law.

The judge did not — and the extra state aid went away.

But state School Superintendent Tom Horne said other provisions of the law did take effect, including increasing from six to 26 the number of staffers he has to help local school districts with their English learner plans. It also set up a commission to study the best methods to teach English to students who come to school speaking another language.

That task force, expected to issue a report later this year, also will determine how much additional cash is necessary.

The state currently provides an extra $365 for each of the approximately 135,000 students classified as English Language Learners. That figure has more than doubled since another federal judge ruled in 2000 that the $155 in extra funding at that time was legally inadequate.

But Collins said the state has yet to show him the new figure reflects the actual cost to properly do the job.

Marson said Weiers will back whatever the commission recommends and will find the cash.

Hogan and Napolitano have both said various cost studies show that it takes as much as $1,200 a student to properly teach English — a figure that would increase spending more than $112 million a year.

L'Ecuyer said Napolitano did not include additional funding in her budget request. But L'Ecuyer said the governor felt it was unnecessary, as the Legislature was under the court-imposed deadline to come up with a plan.