Arizona ruling hits Mexican-American studies program
Public schools in Tucson, Arizona, face millions of dollars in penalties after a ruling that the district's Mexican-American studies program violates state law.
An administrative law judge found the program's curriculum was
teaching Latino history and culture "in a biased, political, and
emotionally charged manner," and upheld state officials' findings that it
violated a state law passed in 2010. The Tucson Unified School District had
appealed a decision by the law's principal backer, then-state schools
superintendent Tom Horne, to shut down the program.
Horne left office at the end of 2010, but his successor, John
Huppenthal, backed Horne's ruling in June. Huppenthal said Tuesday's ruling
shows "that it was the right decision."
"In the end, I made a decision based on the totality of the
information and facts gathered during my investigation -- a decision that I
felt was best for all students in the Tucson Unified School District," he
said in a written statement.
Under the law, the state can withhold 10% of its funding for the
school district -- about $15 million a year -- until the district changes the
course. In a written statement, Tucson Superintendent John Pedicone said the
school board's lawyers are reviewing the ruling, and board members will discuss
it at their January 3 meeting.
During their appeal, district officials pointed out that an audit
commissioned by Huppenthal praised the program and found "no observable
evidence" that the classes violated state law.
A witness for the school system argued that teaching students
"historical facts of oppression and racism" was less likely to
promote "racial resentment" -- something specifically banned by the
2010 law -- than ignoring that history.
In Tuesday's ruling, administrative law judge Lewis Kowal said the
auditors observed only a limited number of classes. He added, "Teaching
oppression objectively is quite different than actively presenting material in
a biased, political, and emotionally charged manner."
"Teaching in such a manner promotes social or political
activism against the white people, promotes racial resentment, and advocates
ethnic solidarity, instead of treating pupils as individuals," Kowal
wrote. He cited a lesson that taught students that the historic treatment of
Mexican-Americans was "marked by the use of force, fraud and
exploitation," and a parent's complaint that one of her daughters, who was
white, was shunned by Latino classmates after a government course was taught
"in an extremely biased manner."
The 2010 law also bans courses that "promote the overthrow of
the United States government," are "designed for a specific ethnic
group" or advocate "ethnic solidarity instead of the treatment of pupils
as individuals." It was passed in the same session of the state
legislature that produced Arizona's controversial law cracking down on illegal
immigration.
A group of teachers has asked a federal court to throw out the
restrictions, arguing they passed as "a result of racial bias and
anti-Hispanic beliefs and sentiments." Richard Martinez, the lawyer who
represents the teachers in that case, said the decision was expected
"under the circumstances."
"The law was written in a way that allows the superintendent
of public instruction to control the outcome," Martinez told CNN. And
Kowal noted that he was working under the assumption that the law is
constitutional, "ignoring any questions raised" to the contrary,
Martinez said.
Prompts for Discussion:
- What are the different perspectives shared in this article about multicultural education? What perspectives may be missing?
- What experiences have you had with multicultural education? What experiences have you had with education that doesn't include a multicultural approach?
- What are the differing factors decision makers are weighing in this issue? Which factors do you feel are weigh more heavily than others?
- Did any parts of the article trigger you? In what way? Why?
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