TUSD’s Mexican American Studies classes found to violate the law

Administrative hearing Judge Lewis Kowal found TUSD’s Mexican American Studies classes out of compliance with Arizona state law. Superintendent Huppenthal will be taking the judge’s finding under advisement and will be issuing his statement in the time allotted by statute.

“The Administrative Law Judge concludes that as of January 1, 2011, and as of the hearing dates, which were held more than 60 days from Superintendent Huppenthal’s June 15, 2011 determination, the MAS program had one or more courses or classes that violate A.R.S. §§ 15-112(A)(2), (3), and (4). The Administrative Law Judge also concludes that grounds exist for the Superintendent of Public Instruction and the Arizona Department of Education (collectively referred to herein as the “Department” unless otherwise noted) to withhold 10% of the monthly apportionment of state aid unless the District comes into compliance with A.R.S. § 15-112. See A.R.S. § 15-112(B).”

TUSD Governing Board member Michael Hicks said of the finding, “I was confident the judge would study the curriculum and come to the same conclusions as many educators had already arrived at. I am grateful that the district can move forward into a great new academic year.”

Rich Kronberg a long time educator and advocate for public education stated, “More than anything else, this decision is a victory for public education. The Mexican-American Studies program at TUSD was allowed to develop without even the semblance of public oversight, discussion and debate. Even members of the TUSD Governing Board had no idea what actually took place inside MAS classrooms. The public certainly had no idea that students were being indoctrinated by teachers using a teaching methodology (critical race pedagogy) and a curriculum that had never been discussed or approved by the public’s representatives…the members of the TUSD Governing Board.”

“Anyone who followed the testimony at the appeal hearings can not be surprised at this decision. It was clear almost immediately that the TUSD central administration and the then-majority of the Governing Board knew next to nothing about the realities of the MAS program. Had the Governing Board adopted the proposal put forward in November 2010 by Tucsonans United for Sound Districts to conduct an internal examination of the MAS program all the disconcerting facts that emerged during the appeal hearing could have been uncovered and corrected at that time, saving the taxpayers the incredible expense of this appeal and the district the tremendous loss of credibility it will now have to recognize,” concluded Kronberg, co-founder of Tucsonans United For Sound Districts.

According to district officials the final cost of the district’s appeal was approximately $180,000 which is the equivalent of one and a half administrators’ or five teachers’ salaries.

Federal Judge Tahima is expected to make a decision in the state’s motion to dismiss the SaveEthnicStudies lawsuit. Many legal experts believe that the federal case brought by the program’s teachers will be dismissed.

Before the Federal 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.

The Mexican American Studies classes are founded on Critical Race Theory (CRT). The federal court has criticized CRT as anti-Semitic and anti-Asian. Federal Judge Richard Posner called critical race theorists the ‘lunatic core’ of radical legal theory. TUSD commissioned a study in 2006, by two of TUSD’s Director of Equity Auggie Romero’s friends, CRT experts Andrade and Duncan. The study was kept from the public, in part because of its harsh criticism of TUSD’s Pan Asian department.

Related articles:

TUSD’s MAS curriculum for grades K-12 includes Aztec spirituality Part II

America Without Borders: TUSD’s Mexican American Studies elementary lesson

TUSD’s Mexican American Studies appeal hearing concludes

TUSD’s Mexican American Studies educators claim to create resentment, and re-birth