A community activist filed a complaint Friday with the U.S. Department of Education's Office of Civil Rights, claiming the State Office of Education is about to shortchange children learning English as a second language.

Michael Clara is a member of a State Office of Education committee examining standards for teachers to earn an endorsement, or extra credentials, to educate students learning English.

In his federal complaint, he says the state wants to give kindergarten- through third-grade teachers a shortcut to those credentials by lumping it with a reading endorsement. He fears the state's Reading for English Language Learners plan would lower the quality of education those children receive.

"I am of the opinion that an R-ELL Endorsement is nothing more than a 'dumbing down' of the more rigorous ESL (English as a Second Language) endorsement, it does not qualify a teacher to provide English language development instruction and therefore is not an appropriate endorsement or qualification," Clara's complaint states.

"I believe that State Superintendent (of Public Instruction Patti Harrington) is allowing unqualified teachers under the color of state law to instruct ELL students, which is a violation of Title VI of the Civil Rights Act of 1964," the Equal Education Opportunities Act of 1974, and standards set in a 5th Circuit Court ruling.

The complaint, filed electronically with the civil rights office in Denver, seeks to require English language learners "to be taught by highly qualified teachers that have an ESL Endorsement" and not an R-ELL endorsement.

Harrington, speaking from a Phoenix airport, said she was surprised by word of the complaint. She said she had not seen it and was not equipped to address specifics of the issue, which her curriculum department has been handling.

But Harrington noted the ELL master plan presented to the State Board of Education earlier this month remains open for discussion.

"We're certainly open for input on this matter, without need for a civil rights complaint," Harrington said. "I welcome the feedback; it will inform the process and probably inform the plan."

State curriculum department leaders did not return messages seeking comment late Friday afternoon.

The State Office of Education has been crafting an ELL Master Plan to improve education for English language learners. It's part of a bigger blueprint to narrow Utah's gaping achievement gap between whites and ethnic minorities, Harrington said.

But there's question whether an R-ELL provision would further that goal.

The ELL Master Plan allows for an R-ELL endorsement, "which does not replace the ESL endorsement but serves the instructional needs of K-3 teachers to gain the knowledge, skills and dispositions to teach ELL students to read," the online document states.