There is much confusion over Superintendent Huppenthal’s ruling that Tucson Unified School District is in Violation of A.R.S. § 15-112. The following is a timeline of the events.
• House Bill 2281 was passed last year and signed into law by Governor Brewer in May of 2010. The provisions of the law went into effect on January 1, 2011.
• On January 3, 2011, outgoing Superintendent of Public Instruction Tom Horne ruled that the Tucson Unified School District’s (TUSD’s) Mexican American Studies Program (MASP) violated provisions of A.R.S. § 15-112. Per the statute, Horne directed TUSD to come into compliance within 60 days of his finding or risk losing up to ten percent of its apportionment of state aid each month it remained out of compliance.
• Upon taking office on January 3, 2011, newly sworn in Superintendent of Public Instruction John Huppenthal reviewed the ruling of non-compliance and initiated an in-depth review of TUSD’s MAS program.
• On February 4, 2011, Superintendent Huppenthal extended the original 60-day cure period by 45 days to allow for a more in-depth, more thorough investigation.
• On March 7, 2001, the Arizona Department of Education (ADE) contracted with a nationally recognized independent education firm to conduct an impartial, unbiased curriculum audit of TUSD’s MASD. The key scope of this audit was to collect evidence to help the State Superintendent gain a full and complete understanding of the MASP.
• On April 6, 2011, ADE informed TUSD that the length of time needed to complete the curriculum audit required the extension of the cure period and that it hoped to have a final report by mid-May.
• At the same time, the Superintendent’s Office conducted an in-depth investigation, collecting over 6000 pieces of evidence. The district had blocked the auditors from conducting a full audit. Auditors only reviewed on 5% of the program.
• On June 15, 2011, Superintendent Huppenthal ruled that TUSD was in violation of A.R.S. §15-112 subsections 2, 3 and 4 and informed the TUSD governing board that they had 60 days to bring the Mexican American Studies Program into compliance with A.R.S. §15-112. Failure to do so shall result in the withholding of ten percent (10%) of the monthly apportionment of state aid to TUSD until such time as they come into compliance.
• TUSD appealed Superintendent Huppenthal’s ruling and the appeal was assigned to an Administrative Law Judge for review. The following hearing dates were scheduled for both sides to present their information and witnesses: August 19th, August 23rd, September 14 and October 17th.