The matter of Tucson Unified School District’s Mexican American Studies classes came briefly before Federal Judge Wallace Tashima yesterday. At the end of the hour and a half hearing the Judge advised the attorneys that he would reach a decision quickly, which lawyers believe will be in the next two or three weeks.
Before the Court are two issues; the request by the state’s Superintendent of Public Instruction to dismiss a case filed by 11 Mexican American Studies educators and two of their children, and a request for an injunction against the state by the teachers and their children.
The state’s Attorney General’s Office who is representing the Superintendent of Public Instruction and the Arizona Department of Education argued that the state has the right to control classroom content and teachers do not have a right to teach whatever they want.
Assistant Attorney General, Kevin Ray argued against the injunction saying that the teachers “have not suffered any concrete injury sufficient to establish their standing to proceed with this lawsuit. Their claim of a “subjective chill” is insufficient because the statute they seek to challenge does not even apply to them.” The state argued that the teachers’ injunction is based on speculation and that “a potential loss of their employment is contingent upon the decisions of their employer, TUSD, who is not a party to this lawsuit.”
The state also argued that the law is racially neutral as it prohibits any “school district or charter school” from implementing a “program of instruction” that (1) “promotes the overthrow of the United States government,” (2) “promotes resentment toward a race or class of people,” (3) is “designed primarily for pupils of a particular ethnic group,” or (4) “advocate[s] ethnic solidarity instead of the treatment of pupils as individuals.”
In its arguments, the state pointed out that “By its terms, the law does not apply to individual teachers or students; it does not prohibit any individual conduct and it does not restrict any individual teacher or student’s speech.”
Further, they argue that the law “does not apply to individual teachers or students and therefore contains no civil or criminal penalties punishable against them. While the law allows the Superintendent of Public Instruction to order a reduction in the district’s state aid, it does not empower the Superintendent to discipline or terminate any teacher or student.”
The teachers and their children’s attorney Richard Martinez argued that enforcement of HB 2281 against TUSD’s Mexican-American studies program will “result in the immediate termination of the Mexican-American Studies Department and the employment of the adult plaintiffs.” However, the teachers are all still currently employed by TUSD.
Martinez argued for the plaintiff students Maya Arce, MAS Director Sean Arce’s daughter, and Korina Eliza Lopez, daughter of MAS teacher Lorenzo Lopez, who if and when they are admitted to the Tucson High Magnet School wish to “register for all Mexican-American Studies course offerings in English-Latino Literature, American History-Mexican-American Perspectives and American Government – Social Justice Education Project.”
The state challenged the standing of the student plaintiffs as well as that of the MAS employees; “Standing for the two student plaintiffs is even more tenuous than it is for their teacher parents. Ms. Arce is a middle school student who hopes to attend Tucson High Magnet School and to eventually enroll in courses offered to junior and senior high school students once she does. She acknowledges, however, that she is not currently enrolled in such courses and will not be eligible to enroll in those courses for at least three years and assuming she is able to matriculate to the Tucson High Magnet School as she hopes to. Ms. Lopez attends the high school, but is only in 9th grade. Because Mexican-American studies courses at the school are only offered to juniors and seniors, she is not currently enrolled or eligible to register for any Mexican-American studies course offered at TUSD, either.”
The classes and curriculum are now being considered by Judge Lewis Kowal in the district’s appeal of Superintendent Huppenthal’s finding that the classes violate state law. Judge Lewis Kowal received the closing arguments on November 18, and his finding in the matter is expected on or before January 5.
Related articles:
TUSD’s Mexican American Studies appeal hearing concludes
TUSD Superintendent Pedicone testifies in “Ethnic Studies” hearing
TUSD educator parent testifies in “Ethnic Studies” appeal