Last night Kimberly Craft of KUAT Channel 6 AZ Illustrated interviewed both TUSD Board President Dr. Mark Stegeman and attorney Richard Martinez, who represents the 11 Mexican American Studies teachers in a federal lawsuit (See ethnicstudies.org).

The lawsuit is challenging the constitutionality of the recent state law (originally HB 2281) which governs the ethnic studies curriculum in the State of Arizona. Martinez also says that the proposed resolution put on the TUSD Governing Board agenda for April 26 by Dr. Stegeman is premature, pending the audit/investigation currently being undertaken by the AZ Dept. of Education and the pending federal lawsuit.

View the 12 minute KUAT interview (click here), or view it below:

Read Dr. Stegeman’s open letter to the public in response to the student “takeover” (by a youth-formed coalition called Unidos) of the April 26 board meeting (click here).

Stay tuned for date/time/place of this re-scheduled board meeting. Initial reports state that the meeting has been set for May 5 (Cinco de Mayo) at 5:30 p.m. at Catalina High School, but blogger 3 Sonorans has reported that the date has been changed to Tuesday May 3. I’m awaiting confirmation from the Director of Staff Services for the TUSD Governing Board. Catalina Magnet High School is at 3645 E. Pima Street (just west of Dodge Blvd.)

UPDATE: 3 Sonorans & AZ Daily Star reporting that this re-scheduled meeting has been changed to Tuesday, May 3, 5:30 p.m. back at TUSD Admnistrative office, 1010 E. 10th St.
Star article has information on the security measures to be taken:

http://azstarnet.com/news/local/education/article_6b44d250-72c9-11e0-9363-001cc4c002e0.html.

Email from TUSD Board President Dr. Mark Stegeman:

April 28, 2011

Open letter to the public, concerning the April 26 meeting of the Tucson Unified School District:

As is well known, the Tucson Unified School District Governing Board postponed its April 26 meeting after a crowd of students and allied persons filled the Board room shortly before the meeting was scheduled to start.

The frequent exercise of free speech, especially dissenting opinions, is one indicator of a healthy democratic society. At the same time, the district has a basic responsibility to conduct its meetings in an orderly manner and to provide a safe environment for persons who wish to attend.

Many members of the public were scheduled to speak to the Board on April 26; other members of the public were scheduled to make a major presentation; and many members of our community and the district’s staff had a stake in various items on the agenda. By failing to ensure an orderly environment and timely consideration of those items, the district failed in its obligations to all of those persons. The Board is ultimately accountable for that failure. On behalf of the Board, I apologize to the community.

In recent months TUSD has improved security at its meetings in response to increased public attendance, demonstrations, and some episodes of disorderly conduct. We knew that the ethnic studies item on the agenda raised the risk of problems, and TUSD’s security personnel revised some procedures accordingly. They did not anticipate the rapid and well-coordinated seizure of the dais (where the Board normally sits) by numerous students, who had brought hidden chains and locks into the Board room.

After the students controlled the dais and the room flooded with people, our primary concern was to avoid injuries. We decided that postponing the Board meeting and allowing the protest to wind down at its own speed was the safest option. TPD officers were available, nearby but outside the building, in case the situation deteriorated. Fortunately this did not happen and no injuries occurred. Staff is carefully reviewing our security staffing and procedures, to avoid repetition of this or any similar incident.

We also considered moving the April 26 meeting to another room in the building. This would have presented logistical problems, because of the number of presentations scheduled, the number of persons who were supposed to speak to the Board, and the difficulty of taping the meeting. By statute the meeting would still be open to the public, but any alternative room would have been much smaller, and the prospect of hundreds of persons trying to reach that room presented new risks of injuries.

The right of free speech and the right to political protest are fundamental and respected by the Board. In recent months, I have often extended the length of the audience call, to allow more people to speak at TUSD’s public meetings. The April 26 agenda included a special audience call, to allow members of the public to speak on the specific topic of ethnic studies. This special audience call will remain on the agenda of the rescheduled meeting.

Other essential pillars of a democratic society include the right of citizens to choose public officials in free elections and the capacity of those elected officials to conduct the public’s business in open meetings.

I appreciate the sincere passion that many students feel for the Mexican-American Studies (MAS) courses and know the frustration that something which one treasures could change. What occurred on Tuesday, however, went well beyond the exercise of free and passionate speech: the students shut down an elected body by force.

One of the MAS teachers was quoted in the press: “They’re [the students are] brilliant. This is not a one-time event. It looks like they’re not going to stop until they have an impact on this decision.” In this environment, ordinary prudence requires the Board to prepare for a continuing campaign of physical disruption, which aims to block measures (or even the debating of measures) which the students find undesirable.

Just as the Board is committed to free speech, so is it committed to protecting its ability to deliberate and make decisions in public meetings, in which all members of the public feel safe and respected.

Mark Stegeman
President of the Governing Board, Tucson Unified School District

What is the current status of the AZ Department of Education’s investigation based on Attorney General Tom Horne’s finding that Tucson Unified School District (TUSD) is in violation of the so-called “ethnic studies” law?

A March 9, 2011 letter from J. Elliott Hibbs, Chief Operations Officer of the Arizona State Dept. of Education to TUSD Superintendent John Pedicone states that the investigation by a recently engaged “national company specializing in research based education solutions” will take 4-6 weeks. Hibbs goes on to state that “the current cure period set to expire on April 18, 2011 must necessarily be extended until after the investigation has been completed and the issuance of an amended notice of violation or a notification that the investigation has revealed full compliance with A.R.S. §15-112.”

And Hibbs states in his final paragraph the ‘Department agrees that it will not withhold 10% of the monthly state aid apportionment until after a final agency decision is issued after an administrative hearing, should one be necessary.”

Text of entire letter by Hibbs:

Dear Dr. Pedicone;

Thank you for your February 15, 2011 letter in which you confirm your commitment to cooperating fully with the Arizona Department of Education’s investigation into your district’s Mexican-American Studies program and to complying with the requirements of A.R.S. § 15-112. I appreciate your efforts to be responsive. We recently engaged a national company specializing in research-based education solutions to conduct the investigation. We will be contacting you shortly in order to facilitate their information gathering.

In general, we anticipate the investigation will take approximately 4-6 weeks, culminating in a comprehensive, written report to the Department of Education. Upon receipt of the investigative results, we will review the report and draw our conclusions concerning the district’s compliance with A.R.S. §15-112. If at that point we conclude the district remains out of compliance, we expect to issue an amended notice of violation. That notice of violation will be as detailed as possible in order to afford you and your administration a clear idea of what classes or courses violate A.R,S, §15-1l2 and in what manner they do so. Of course, the issuance of an amended notice of violation would signal the start of another 60-day cure period. In such event, we plan to ask the district to make modifications, if it desires to do so and then respond in writing, detailing the modifications made to comply with A.R.S, §15-112.

I understand your concern about the promotion and graduation of students currently enrolled in Mexican-American Studies courses. As outlined above, the current cure period set to expire an April 18, 2011 must necessarily be extended until the after the investigation has been completed and the issuance of an amended notice of violation or a notification that the investigation has revealed full compliance with A.R.S. §15-112. If the district is in compliance, no further action is necessary. If an amended notice is issues as noted above, another 60-day period would begin. Furthermore, the the Department agrees that it will not withhold 10% of the monthly state aid apportionment until after a final agency decision is issued after an administrative hearing, should one be necessary.

If you have any questions or comments, please do not hesitate to contact me directly.

And here’s the text of Arizona Revised Statutes 15-112, the so-called “ethnic studies” law passed last year by the Arizona legislature:

15-112. Prohibited courses and classes; enforcement

“A. A school district or charter school in this state shall not include in its program of instruction any courses or classes that include any of the following:

1. Promote the overthrow of the United States government.

2. Promote resentment toward a race or class of people.

3. Are designed primarily for pupils of a particular ethnic group.

4. Advocate ethnic solidarity instead of the treatment of pupils as individuals.”

And the law goes on to state:

“E. This section shall not be construed to restrict or prohibit:

1. Courses or classes for Native American pupils that are required to comply with federal law.

2. The grouping of pupils according to academic performance, including capability in the English language, that may result in a disparate impact by ethnicity.

3. Courses or classes that include the history of any ethnic group and that are open to all students, unless the course or class violates subsection A.

4. Courses or classes that include the discussion of controversial aspects of history.

F. Nothing in this section shall be construed to restrict or prohibit the instruction of the holocaust, any other instance of genocide, or the historical oppression of a particular group of people based on ethnicity, race, or class.”

You can see that various of these sections are open to interpretation by administrators, teachers, and attorneys such as “disparate impact on ethnicity” and “ethnic solidarity.” It sounds like classes for Native Americans or ESL (English as a 2nd Language) are permissible. And that last sentence “historical oppression of a particular group of people based on ethnicity, race…” hopefully includes Black American slaves.

Nowhere does this language specifically target Mexican American studies or Raza Studies. And isn’t Raza Studies “courses or classes that include the history of any ethnic group and that are open to all students” (and thereby permissible under E3?)
And note that such courses can include “discussion of controversial aspects of history” per E4.

Arizona Superintendent of Public Instruction for 8 years (now Arizona Attorney General) Tom Horne found Tucson Unified School District to be in noncompliance on December 30, 2010:

Tucson Unified School District (“District”) has four courses under the heading of Ethnic Studies. Three of the four programs could be found in violation under criterion three, courses designed primarily for pupils of a particular ethnic group. However, all of the complaints received by the Superintendent of Public Instruction have been as to one of those programs: Mexican American Studies, previously known as Raza/Mexican American Studies. Therefore, this finding is as to that program alone.

His conclusion (of a 10 page Findings):

VI. Conclusion
The Superintendent of Schools finds that the Tucson Unified School District is in violation of A.R.S. § 15-112 and A.R.S. § 15-843, and, pursuant to those statutes, the school district has 60 days to eliminate the Mexican American Studies courses, however they are named, and has 90 days to eliminate the race-based discipline rules. Failure to comply within those time periods will subject the Tucson Unified School District to having 10 percent of its budget withheld.

Read the entire text of Horne’s Findings here. Although ARS 15-112 concerned all “ethnic studies” courses, AG Horne only found alleged violations in the Mexican-American studies courses at TUSD (which is now the focus of the ongoing investigation). Questions at this point would be as to the credentials and background of this “national company specializing in research-based education solutions”, and the extent of their investigation.

So stay tuned for the results of the investigation by this outside company, and whether a violation by TUSD of this law will be found. And if any violation is found, TUSD would have to outline their modification methods to “cure” the alleged
violations.

UPDATE: The name of the national company doing the investigation is Cambium Learning Group, in Dallas Texas, www.cambiumlearning.com, toll free # 1-888-399-1995.