Part II
Assistant Superintendent Maria Menconi was the last witness to take the stand in TUSD’s defense. Menconi is a new addition with the district having only been hired last spring. She has been tasked primarily with the development of curriculum and teacher training. She is also an adjunct professor at the University of Arizona.
Throughout her testimony, Menconi’s body language was more instructive than her words. Her testimony was contradictory and confusing. She spoke very rapidly and over the attorneys. She began her testimony leaning forward in her chair, almost manically answering the questions posed, with her face extremely close to the microphone. Her testimony ended with her face almost a full yard away from the microphone, slumped in the witness chair which had slowly slid further and further away from the judge.
Menconi was asked about the overall state of the district’s curricula. She responded the district “has a lot of work to do.” She stated that she finds “holes and gaps in a lot of things.” She testified that Math was the most pressing issue, and that the district “had fallen off a cliff” in terms of performance and the situation was “dire, dire.”
Instead of attending to Math curricula that was used by well over 70% of the district’s students, she spent much of her time working with Sean Arce on curricula used by a few hundred students. Fewer than 1% of the district’s Latino students are in MAS classes. She testified that since January, she had spent time in all types of MAS classes except Chicano Art classes and the elementary classrooms that offer MAS curriculum. She did not testify as to how much time she had spent in non-MAS classrooms. She testified that she reviewed MAS syllabi, text, curricula, and lesson plans.
She stated that her role in the Cambium audit was to “help them with the logistics.” She was the primary point of contact for the auditors. She testified that she was an experienced auditor and said that the Cambium auditors were “thorough” and “spent more time than a lot of auditors spend in our district.” She was not asked if the obstruction of the auditors by TUSD staff was one of the reasons the auditors “spent more time.”Despite the fact that the TUSD staff did not cooperate with the auditors and they only reviewed 5% of the MAS curriculum, she stated that “once they were done, I was not concerned that they hadn’t explored things.”
She went on to state that it was “almost good” that the district had issues with the MAS curriculum because through this ordeal it was discovered that the Board had failed to adopt much of the district’s curricula. In one recent Board meeting Board member Adelita Grijalva admitted that the Board had failed to adopt upwards of 85% of the district’s curricula in violation of state law.
Menconi was asked about a quote from a piece of evidence entitled “Why we don’t know our culture” by Alberto Acosta Figueroa. The district’s attorney had her read it to herself, not out loud for the record, and asked her if it was promoting resentment. She stated “If a teacher were to take this quote and state it as fact I would have concern.” Most experts on pedagogy have concluded that statements made by teachers will almost automatically be heard by students as statements of fact, and that, as a consequence, most young students will come to believe the statement as fact. This is one reason that teachers must be extraordinarily careful NOT to interject their own opinions into classroom lessons on controversial issues
Cross Examination by the State’s attorney
And then she had to start answering real questions. Menconi’s demeanor and body language changed the minute the state’s attorney began cross examination. She at first leaned even more forward in her chair, shoulders hunched in, and her face darkened with a scowl.
From the start she did everything but ask what “is the meaning of the word is” in order to avoid being candid. Her word play, played on almost everyone’s nerves.
At one point she asked the state’s attorney to define the word “dramatically.” She and the state’s attorney painstakingly worked out an agreement on a definition. The attorney then used the word “big” in a follow-up question instead of the word “dramatically.” Menconi appeared bothered and said, “a big difference?” Judge Kowal, slightly impatient with Menconi at this point, interrupted and told the state’s attorney, “I am going to ask you to be consistent… if you can use the same term or terminology, that would be helpful…. the next thing we’re going to have ‘big’ defined.”
It went downhill for Menconi from there. By the end of the examination, she was almost a full yard away from the microphone and her voice could barely be heard by observers.
The attorney asked her about her experience with curriculum audits. The state’s attorney went through a series of questions about those things that would need to be done in an adequate audit, most of which was not done in the Cambium audit. In a voice barely audible, she agreed that those things should have been done. She admitted that she was not sure whether or not the principals “advised teachers in advance of when the auditors would come.”
She was asked about the specifics of her deposition. In her deposition she called the organizational structure of the MAS department “ridiculous.” When deposed she said that it was “inappropriate” for Sean Arce to be supervising MAS teachers instead of principals. Since, Pedicone changed that practice. Now Lupita Garcia supervises Arce, and the school principals supervise the MAS teachers on their sites.
Menconi’s deposition focused on her investigation of the MAS program. Through her investigation she found areas of concerns with the program. First she found the fact that Sean Arce supervised the MAS instructors and that he reported directly to Dr. Pedicone to be “inappropriate.” Second, she found that the program lacked written or established curriculum and all texts used had not be identified. She testified that in total, the “Mexican American Studies department was both disorganized and dysfunctional.” She testified that she had made some changes to the department. In her deposition she testified that the MAS staff found the changes to be “significant.”
She admitted that she asked for curriculum from the MAS and “concluded that they did not have a written established curriculum” and that the reason they had no written curriculum is because they “had never been instructed to establish one.” She admitted that teachers could teach whatever they wanted as there was no established curriculum. She agreed in her deposition that that was inappropriate.
Again the issue of the audit came up; this time in regard to the lack of oversight of the MAS department. She admitted that at the time of the audit, she could not even locate the whereabouts of two MAS teachers who were supposedly co-teaching at middle schools.
She testified as to a unit of lesson prepared for MAS students in grades K-5 by a teacher who taught in the spring of 2011, entitled “America Without Borders.” The introduction for the unit states, “This past year was the year of the Minutemen, immigration reforms, walk outs, and lots of demonstrations in support of immigrants reaffirming that they are not alone in their struggle for freedom. These lessons were compiled to give students a better sense and also a different perspective of the history of what we call America.”
The unit introduction concluded with these words, “Hopefully with a little knowledge students will comprehend some of the actions and reactions of our people.” One of the lesson plan’s activities called Clash of Cultures; The people who met Columbus asked students the question “What kind of immigration papers did the new arrivals have?”
She testified about one unit (multiple lessons) plan for middle school students, one syllabi in Mr. Escamilla’s class that Menconi found to be “completely insufficient” due to the fact that it consisted of only of a list of general topics to be covered in the class. She testified in her deposition that it “caused her a real concern.” She testified that no one “could ever know what is actually happening in any Mexican American Studies class at the elementary level” because the lessons are developed on “an ad hoc basis.” This lack of preparation on the part of teachers is explicitly unacceptable, and observers have wondered out loud over the reasons that TUSD has accepted such behavior from MAS teachers.
The state’s attorney asked one more time whether she had been in a MAS elementary classroom. She replied, “No, I have not.”
The testimony turned to textbooks. Menconi testified that she started an investigation into the matter this summer. She stated that the process to review texts and determine which books will be put before the Board for their approval, in accordance with state law, had not yet been completed. She explained that there were “numerous records in our purchasing department, and I am going to have to look through them all.” She had no idea how long that process would take.
She testified that she had no idea what books were being used in the classes. She explained the process she was employing to determine the texts in use, as well as the process for future approval by the Board as necessary. First, she would determine what books were actually being used. Then her staff would review the texts to determine the appropriateness of the materials. Those materials would then be submitted to the Board for review and approval. The state’s attorney did not ask her how the Board could have TWICE adopted resolutions finding the classes to be in compliance with state law when no one knew even knew what books were being used.
Menconi was asked about the difference in appropriateness of teaching about racial oppression in order to educate students or to incite them. She was asked if teaching about oppression as a vehicle to incite political activism was appropriate, and she responded that it was not.
The district’s attorney stipulated that the district provided materials that were modified or in use on the teacher’s computers since 2010. Despite this, she continued to challenge the materials she was asked to view. She just could not believe that the evidence came from TUSD classrooms.
The state’s attorney then asked Menconi about a final exam for a MAS American Government class produced by the MAS department which was turned over to the ADE by the MAS department. The test had questions about the Chicano Paradigm, Aztlan, MEChA and what it represents, the critical perspective on Thanksgiving, myths about race, and the “guiding principles.” Again, Menconi was “skeptical” that the test had been used even though it was submitted by the MAS Department to the Department of Education. Additionally, a member of Save Ethnic Studies as well as a former employee of Tucson High School reported that the test had been used.
Testimony then turned to a discussion of Chicano Literature class materials. The state’s attorney read verbatim from a final exam, “All year long we have read stories where the Mexican American were discriminated against, take advantage of, oppressed, etc. We are destined to repeat history if we don’t do something to change it. Reflect on what we have read about this year and in an essay, write about what we can do as a group to change things, what would you do as an individual to change things? Select one of the pieces we have read this year that best reflects that point, the point you are trying to make in your essay.”
Menconi then listened as the state’s attorney read students’ work products. The attorney read these passages, “There are so many people that are racially profiling the Mexican American people,” and “Mexican Americans are the only ones being attacked by the government.” Menconi responded that IF they were being taught that the Mexican American population was the only ones being attacked by the state of Arizona she would be concerned. The way Dr. Menconi parsed this question is both disingenuous and illogical. As a long-term educator and curriculum expert she knows full well the fact that this statement was written by a student is absolute proof that this is what the student learned in the class.
The next reading included, “Why are ethnic programs being attacked by the Board of education? They refuse to teach us about our history but we must learn about the white man’s history.” Menconi responded that IF they were taught that she would be concerned. Again, as a long term educator she knows that this writing by a student is absolute proof that is what the student learned in class.
The state’s attorney read from another student’s work, “I think that as an Arizonan today, the Treaty of Guadalupe Hidalgo has an impacted my life a lot.” “All the laws that have been occurring here in Arizona such as SB1070 not only makes us wonder what would have happened if the US had never bought the states from Mexico but makes us realize that step by step they want to get rid of Mexicans like they did back then.” Menconi stated that IF they were taught that, it could promote racial resentment. Again, Meconi knows these student responses are proof this is what was learned in the class.
The attorney read one more essay regarding the negative impact of the Treaty of Guadalupe Hidalgo on a student’s life. Menconi rejected the idea that the students were being taught these things. One wonders what could possible have gone through Menconi’s mind as she contradicted virtually everything experts know about how students learn. If students wrote these responses that is proof of what they learned.
The state’s attorney turned Menconi’s attention to a MAS class text; The X in La Raza II: The Treaty of Guadalupe Hidalgo, a book by Roberto “Dr. Cintli” Rodriquez. The book is assigned as reading for MAS students. In his book, “Cintli” discusses at great length the Treaty of Guadalupe Hidalgo. “For more than fifteen years many of the Chicano indigenous groups have based their struggles on the treaty. The treaty is used to promote the cause of self-determination and to defend the human rights of Chicanos’ on the basis that it is a living legal document that governs relations between signators, the governments of the US and Mexico and the Chicanos come under its protections.”
The state’s attorney continued to read from the book, “Many of us were raised with the idea that the war with Mexico was simply conducted to steal its territory and the treaty negotiated under military duress and signed by a corrupt dictator simply formalized the theft of half of Mexico’s territory.” The reading continued, “Because Mexicanos within the United States are not a sovereign people, the question that arises is whether those rules of construction apply to the Treaty of Guadalupe Hidalgo. The answer has to be a definitive, yes.” (inaudible) “that Mexicanos and their descendents are the only other group in the continental United States who are today covered by a US treaty. That is the only similar situation and the only other legal precedent applicable to the population in question. Additionally, Mexican treatment particularly in relation to land disputes at the hands of whites has also historically been marked by the use of force, fraud and exploitation.”
In a 2010 article for Cronkite News, Dr. Menconi and TUSD Superintendent Dr. John Pedicone complained about superintendents’ salaries in the state of Arizona. “Maria Menconi, a director for the statewide AZLEADS3 initiative to develop superintendents and principals, said Tucson Unified is a classic example of problems arising from Arizona’s relatively low pay for superintendents.” John Pedicone, the newly hired Superintendent of TUSD has a compensation package of over $350,000 a year. Maria Menconi was hired as a temp by TUSD. Reports indicate that she was offered over $100,000 for a six month contract.
Menconi was asked if the arguments set forth in Cintli’s writings were reflected in the student’s writings. She responded that she was not prepared to answer that. With that response, the state rested for the day.
Closing arguments will be heard by Judge Kowal in October.
Related stories:
TUSD’s “Ethnics Studies” defense in appeal: Part 1
TUSD’s Michael Hicks takes on district’s establishment, accepts responsibility to students
TUSD educator parent testifies in “Ethnic Studies” appeal
MAS curriculum courtesy of TU4SD
