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PHOENIX -- The attorney for parents in the English learner lawsuit asked a federal judge Friday to rule that the $40.6 million lawmakers appropriated last month is not enough.

Tim Hogan said the formula used by the state to decide who gets money is illegal. He said it cut the funds requested by many school districts and left some districts with no extra cash at all.

As a result of that lack of adequate funds, Hogan also wants U.S. District Court Judge Raner Collins to suspend the requirement in the new state law that schools begin providing four hours a day of intense English instruction to students who come to school speaking another language.

That request drew a sharp response from state School Superintendent Tom Horne.

"By asking to suspend that, what he has shown is that he does not really care about the students,'' Horne said. "He cares about the ideology.''

Horne said the average school now is providing just one hour a day of intense English instruction. "It's no wonder students aren't learning English,'' he said.

Read more in Monday's Arizona Daily Star