AZ - Horne continues to oppose TUSD program; concerned new course will violate state

Horne continues to oppose TUSD program; concerned new course will violate state law

Alexis Huicochea Arizona Daily Star | Posted: Tuesday, May 15, 2012 12:00 am | Comments

Though Horne is no longer the Arizona schools chief, he recently filed a motion to intervene in TUSD's federal desegregation case. As attorney general, Horne says he is concerned the new multicultural course being designed to replace the MAS classes will violate state law.

The classes, which were found to be in violation of state law, were eliminated in January amid a threat of losing millions of dollars in state aid.

The law prohibits courses that promote resentment toward a race or class of people; are designed primarily for pupils of a particular ethnic race; advocate ethnic solidarity instead of the treatment of pupils as individuals; and promote the overthrow of the U.S. government.

Upon voting to suspend the classes, the TUSD Governing Board said it would revamp the courses so they are more comprehensive and include the contributions of all ethnicities.

The struggle by the Tucson Unified School District to bring its schools into racial balance has been ongoing for 30-plus years. The Mexican American Studies courses were considered part of that effort until they were suspended.

Now, U.S. District Judge David Bury, who is in charge of the case, has brought in special master Willis Hawley, charging him with overseeing the development and implementation of TUSD's new plan.

Thus far, Hawley has rejected requests to reinstate the courses by the Latino plaintiffs in the desegregation case who argue they are needed to achieve racial balance. Rather, he noted that "courses rich in the historical and contemporary experiences - both negative and positive - of the different racial and ethnic groups represented in the TUSD should be available, if not required, for all students in the district."

Hawley announced his intention to consult with the Tucson community, district staff, the TUSD Governing Board, and nationally prominent scholars to consider how to best implement the culturally relevant curriculum. However, Horne points out that Hawley made no mention of consulting with anyone who represents the state's interests.

Horne said it cannot be left up to TUSD or its superintendent to represent the state's interest in ensuring the new courses would not be in violation being that the district initially defended the classes and fought to retain them.

Horne said his intervention is necessary to avoid the creation of a new program that would be in violation of the law that eliminated the Mexican American Studies courses to begin with - a law that Horne helped draft.

"The state of Arizona has the limited right to appear and protect its interests against federal interference with its educational policy," Horne wrote in his complaint.

Horne continues to oppose TUSD program; concerned new course will violate state law