
Tucson students occupy a school board meeting (Image: thesoundstrike.info)
While students were on their holiday break, Arizona issued a disturbing wake-up call to anyone who thought the education system had evolved to reflect America’s diversity. In a legal challenge to a controversial law passed in 2010, an administrative law judge pummeled a flagship educational initiative by supporting restrictions on programs based on Latino history and culture.
The judge decided that the curriculum used in Tucson’s Mexican American studies programs was biased against white people, apparently because it advocates critical historical perspectives and emphasizes struggles of indigenous and Latino communities, as well as the links between that legacy and contemporary politics. The ruling comes as no surprise, as the struggle between the school district and school superintendent John Huppenthal has been dragging on for months. The focus now is on a pending federal lawsuit aimed at halting the law.
CNN quotes from ruling:
In Tuesday’s ruling, administrative law judge Lewis Kowal said the auditors observed only a limited number of classes. He added, “Teaching oppression objectively is quite different than actively presenting material in a biased, political, and emotionally charged manner.”
“Teaching in such a manner promotes social or political activism against the white people, promotes racial resentment, and advocates ethnic solidarity, instead of treating pupils as individuals,” Kowal wrote. He cited a lesson that taught students that the historic treatment of Mexican-Americans was “marked by the use of force, fraud and exploitation,” and a parent’s complaint that one of her daughters, who was white, was shunned by Latino classmates after a government course was taught “in an extremely biased manner.”
So to sum up, it is “extremely biased” to teach critical viewpoints of the oppression, displacement and systematic discrimination that Mexicans and other groups have encountered throughout U.S. history. Because for students to learn about the many atrocities strewn along the path of Manifest Destiny would upset the national narrative of continual social progress, rugged individualism, and free enterprise. And once the veneer of triumphalism begins to crack, students might start to use their often-neglected critical intellect to unravel myths of “personal responsibility” and “equal opportunity” that have propped up neoliberal dreams for the past few generations.
The ruling’s ideological rationale encapsulates the political fictions fueling ethnocentrism in public schools. That’s precisely why many students yearn for education that pushes past negative media portrayals and stereotypes of people of color (and they’re willing to agitate for it). Tucson high school student Korina Lopez, whose father teachers in the district, told Democracy Now!, “It’s very important to me because I know that it teaches a deeper understanding of history and the things you learn. And it just gives you a whole new appreciation of your community and society.”
Ethnic studies in public schools has long been under siege. Though the programs have flourished, enrolling hundreds of elementary, middle and high school students, the law, HB 2281, aimed explicitly to penalize educators that have fought to introduce more critical pedagogy.
According to the federal legal complaint filed by ethnic studies advocates and teachers this fall, the state’s then-school superintendent Tom Horne declared that the Mexican-American Studies Department of Tucson’s No. 1 unified school district “[p]romotes the overthrow of the United States Government.”
The witchhunt rhetoric surrounding the program reflects the overarching paradox of the state’s charge of “bias” in ethnic studies. A glance at the demographic structure of Tucson’s school system shows that individual opportunity doesn’t exactly thrive in communities riven by deeply rooted racial and economic segregation.
The Arizona government’s preference for “teaching oppression objectively” certainly plays out in ironic ways. Authorities have no qualms displaying their own biases when it comes to policing schools and communities. The most glaring example is SB 1070, the law that would encourage the profiling and detention of suspected undocumented immigrants. The state has also marginalized teachers who fell short of “fluency” standards–i.e. people with Spanish accents who teach kids with limited English. At one school in Phoenix, reported the Wall Street Journal last year, “State auditors have reported to the district that some teachers pronounce words such as violet as ‘biolet,’ think as ‘tink’ and swallow the ending sounds of words, as they sometimes do in Spanish.”
If only more Arizona officials had been schooled in the very programs that they seek to outlaw. According to the Save Ethnic Studies campaign, the programs have proven effective not only at supporting academic performance in the conventional sense–higher graduation rates and test scores–but helping close the profound “achievement gaps” that plague low-income communities of color. The campaign stresses that the ethnic studies model incubated in Tucson has become a national model:
98 percent of the students say they do homework at night to keep up with the next day’s class. 95 percent discuss what their learning with their parents. Students have given reports to the TUSD board, Pima County Board of Supervisors, the Arizona state legislature, the Black Congressional Caucus and the Hispanic Congressional Caucus.
“There’s a big myth up there that these classes are about immigration”, says Augustine Romero, Director of Student Equity at TUSD. “It’s actually about analyzing problems in the real world and addressing those problems by coming up with solutions.”
Analyzing problems in the real world and coming up with solutions. If officials think that’s anathema to a sound education, then they’ve given civil rights advocates the most principled argument yet for why ethnic studies is so vital for the next generation of community leaders.



20 Comments

For whom does the alj work? Administrative law judges are not independent; they are usually the first line of appeal of an administrative ruling (of any administrative agency) and generally work for the agency that issued the original ruling. For example, Social Security appeals alj’s work for Social Security.
I would guess this alj works for the school system, or state dept of education, but I can’t tell from the linked articles.
For that reason, I wouldn’t get too emotional about this; it hardly counts as a setback, but merely to be expected. The federal lawsuit is the only place where a ruling based on more or less objective standards might be expected.
In sum, a shame, but not much to worry about. I hope the kids in the photo don’t get discouraged.
May we purge the system of “Gone With the Wind,” the Alamo, and all the other lies as well?
The judge decided that the curriculum used in Tucson’s Mexican American studies programs was biased against white people, apparently because it advocates critical historical perspectives and emphasizes struggles of indigenous and Latino communities, as well as the links between that legacy and contemporary politics.
First question are any of the facts taught in class wrong?
“Teaching oppression objectively is quite different than actively presenting material in a biased, political, and emotionally charged manner.”
“Teaching in such a manner promotes social or political activism against the white people, promotes racial resentment, and advocates ethnic solidarity, instead of treating pupils as individuals,” Kowal wrote. He cited a lesson that taught students that the historic treatment of Mexican-Americans was “marked by the use of force, fraud and exploitation,” and a parent’s complaint that one of her daughters, who was white, was shunned by Latino classmates after a government course was taught “in an extremely biased manner.”
No it promotes justice fix the historic injustice against us and the problem goes away.
Or is there a double standard teaching of the American Revolution certainly causes the same feelings against English People?
Also define bias did what the class teaches happen or not? If fox News can keep a public broadcast license which is meant to serve the public good by spreading hate and lies about Hispanics surely the truth no matter how horrible must also be protected speech?
This too, shall pass. It is but the last writhing, or “death dance” of the old point of view. IMHO.
Many years ago, when I was teaching Introductory Native American Studies classes, I had a half dozen students comment on the student evaluations that I was a racist who hated white people. This came as quite a shock to my colleagues when I shared this with them, as I am of German and hillbilly heritage.
Hardly your fault that white people have historically been such a bunch of bastards, is it?
If there is merit to this complaint, and I’m not saying one way or the other, because there really isn’t much to go on here, but if there is, then perhaps the pedagogy does need to be looked at. It really isn’t the purpose of a diversity curriculum to replace one form of prejudice with another, and which one of you would say to that child’s face that she should endure prejudice because of the color of her skin? Please speak up.
Justice doesn’t involve subjecting children to degrading treatment, regardless of the reason. Shunning based on race isn’t civil treatment.
Only a weakling fears the teaching of the damage he has done to others
German and hillbilly? Nice.
Only an incompetent fool teaches difficult material as if it were simple and leaves behind the stain of unnecessary prejudice, pretending it is justice, and the damage has been a show of strength.
Are they teaching ethnic studies and history, or teaching oppression? Discussing oppression? Are the adults confused?
These are heady, timely, and important topics and I am not surprised by emotional responses. It occurred to me that the invisible hand of prejudice has been exposed. We are animals who “know” when we’re targeted even when no one says anything. Racism works that very way. Shunning is direct and must be addressed as another teachable moment.
I hope AZ (and the rest of the us) will discuss, debate, learn, and progress into a more harmonious and civil society.
Hey Michelle,
Nice try…..but you missed the story by a mile. A whiff.
This drama playing out presently has very little to do with race or culture, except for the fact that those things are being used as a “be afraid of those others” dog whistle by the fascists to garner support for their planned privatization and dismantling of the public school system in Arizona.
This curriculum is being attacked solely because the corporations perceived it as a weak point where a wedge could be driven in for the reasons just stated above.
TUSD (Tucson Unified School District) is being targeted because it is the largest school district in the state and is also at the heart of Arizona’s only Democratic Party bastion.
John Huppenthall inherited this mess, and has held his position as TUSD head for perhaps a year.
The point man of the right wing attack is current Arizona Attorney General Tom Horne, coincidentally the former Superintendent of Public Instruction from 2003-2011. A man who has among his many achievements a lifetime ban from trading on the stock market by the SEC……no minor feat……I guess that was back before they began allowing thieves to sign agreements to pay fines while admitting no guilt.
Addendum to above :
Horne was the president of T.C. Horne & Co., an investment firm he founded in the late 1960s. The firm went bankrupt in 1970 and led to him “receiving a lifetime trading ban from the Securities and Exchange Commission.” The 1973 SEC report alleged that as president of T.C. Horne & Co, Horne “among other things, violated the record-keeping, anti-fraud, and broker-dealer net capital provisions of the federal securities laws and filed false financial reports with the commission.”
“This drama playing out presently has very little to do with race or culture, except for the fact that those things are being used as a “be afraid of those others” dog whistle by the fascists to garner support for their planned privatization and dismantling of the public school system in Arizona.
“This curriculum is being attacked solely because the corporations perceived it as a weak point where a wedge could be driven in for the reasons just stated above.”
Perhaps this is a question of emphasis. To the communities with the most to lose in this battle, the real issue is precisely that ethnic studies is the “weak point” which has obviously been exploited for nefarious purposes, including but not limited to privatization of public schools. For outside observers, advocates for progressive education, and anyone who thinks critical thought should play a key role in pedagogy at the K-12 level, privatization and the war on ethnic studies are part of the same pattern of imposing an ideology of neoliberalism on students, together with all the white supremacist and Christian fundamentalist strands of thought that have served as its vehicle if not its impetus (see the NEA paper linked above, which talks about this dialectic between these ideologies). Are the economic or political agendas of Horne and his cronies (or Huppenthal for that matter) part of this effort to demonize Latinos and communities of color? Absolutely. And if you’re from Tucson, you’re certainly acutely aware of how these state and local political maneuvers can frame the debate. But the fact that the ethnic studies is so readily exploited in this way makes an equally, if not more, vital point, I think, about the state of racial politics in Arizona, and the rest of the country, today.
tragamonedas
Michelle,
Your commentary is excellent.
Arizona’s Department of Education, during the Horne Era, hired a Dallas-based consultant to “assess” and “determine” the merits of the educational curriculum in Tucson. And when the study was delivered to the new Arizona’s Superintendent of Education, Huppenthal, since Horne became the new Attorney General, found that “Peace” and “Justice” was both the covert and obvert premise, in which an ‘understanding’ of history can lead to more apt “solutions” that are appropriate and beneficial to the citizesn here in Arizona. Needless to say, both Horne and Huppenthal, became better known for their political “beserk.” And they still haven’t demonstrated much if any self-restraint. As such, their hostility is still front and center.
Now, I have written about Arizona at great length and I am conviced that Arizona is no longer a “Laboratory for Democracy” but a “Laboratory for Lobotomies.” Perhaps, a better way to “frame” my Arizona of today is via the Hoover adminstration of the last century and of today’s Hoover administration “on steriods.”
Again, my thanks, since I will am waiting patiently for the day when Arizona becomes an educational system premised on “tri-lingualism.”
Jaango
Let me try to put it another way Michelle.
When I aver that you are being manipulated and are cooperating in that endeavor, your response was basically…..yeah, I’m aware of that but this is still my issue.
Arizona is, I believe, the leading edge for the PTB, a test case for this portion of their agenda. If you and others fail to keep your eye on the prize here, how much effect do you believe your efforts to advocate for minorities will have once the public school system has been abolished? How well do you honestly believe the recipients of your advocacy will be served in a privatized system?
TUSD has suffered draconian budget cuts over the past decade, and while I don’t see an alternate strategy to the federal law suit, that action also is a win-win situation for the fascists as it is further bleeding the school district financially.
If this story doesn’t get properley framed and put before the public in an extremely visible and understandable way soon, public education in Arizona which is already relegated to being a 2nd tier system, will instead become a place to warehouse the children of the 99% while their parents are bled by corporations for what little they still haven’t lost.
Diversity in the public school system is not the issue. The very continued existence of the public school system is at stake here, once that occurs……the emphasis you speak of……will probably have to switch over to teaching families that are comprised of two working parents to be good home schoolers.
I don’t know. My Bullshit meter goes off on this. I have trouble imagining Latina girls shunning an Anglo girl over simply learning the truth about Anglo oppression of Latinos. But I don’t have trouble over some Anglo girl saying something hostile in class and then being shunned.
I work in a school. I see kids blame other kids for all sorts of stuff and never bother talking about what they did that instigated the whole thing. One grade school kids complains to the teacher that another kids pushed him down, never mentioning that the other kid was pushing him away to stop him from hitting him over and over. Or a teenage girl complains that another girl yelled at her to shut up never mentioning the other girls yelled this after the first girl mocked her and said over and over her mom was a crack whore.
So I’d want to investigate more if I was in authority. But these authorities in AZ just use the complaint without investigating to shut down a good program.
‘Any resemblanc this comment bears to Common Parlance is strictly accidental’; or: Obfuscation by Vocabulary.