Federal Court Judge Bury has refused a request by the Arizona Attorney General to intervene in the Tucson Unified School District’s ongoing desegregation case. The judge ruled that the issues involved in the desegregation case are not related to a legal claim by the Mexican American Legal Defense Education Fund (MALDEF) regarding the district’s Mexican American Studies classes.
MALDEF claimed that the Mexican American Studies classes were at issue in the District’s 30 year old desegregation case. However, plaintiffs have fought primarily for equity in access, primarily focusing on closing the achievement gap. MALDEF argued for reinstatement of the controversial classes in the desegregation case. Despite the fact, that the original Mexican American plaintiff in the case was opposed to the classes.
The state in turn, asked the court to allow it to intervene in the desegregation matter in an effort to prevent the court appointed Special Master from ordering the district to reinstate the classes. The African American representatives had considered, at one point, inviting the State’s intervention.
Today’s decision found that the case remains “first, foremost, and only about desegregation in the TUSD.” The court found that the case is not about the ethnic studies ban, its application to Tucson, or its constitutionality.
The judge took exception to Horne’s generalized objection to ethnic studies. “The state’s argument for intervention presumes any ethnic studies included in the (special master’s plan) will necessarily violate (the law),” the judge said.
Horne argued that the inclusion of ethnic studies is not necessary to end discrimination in TUSD. “The point of ethnic studies is to divide people.”
The district is currently in the process of developing a multi-cultural curriculum.