by David Safier
The Save Ethnic Studies group just put out a news release objecting to the upcoming audit of TUSD's Mexican American Studies program. Much of the argument against the audit is on legal grounds: interviews with students could violate their rights to privacy under the Family, Educational and Privacy Rights Act of 1974; and since MAS teachers and the program director have pending litigation concerning similar issues, the audit sponsored by the ADE will be problematic if it tries to communicate with "a represented party."
These types of issues are way above my pay grade, so I'm including the entire news release after the jump.
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Immediate Release: March 21, 1011 Bait and Switch: The hidden agenda of eliminating "Raza Studies" MAS Audit unlawful, expensive and politically motivated |
| The audit of Tucson Unified School Disctrict's Mexican American Studies (MAS) program, ordered by State Superintendent of Public Instruction John Huppenthal and slated to begin today, has no legal authority and raises serious questions about what is hoped to be accomplished by squandering taxpayer money harassing a program with a proven track record of academic success.
The audit is supposedly to see if MAS programs comply with HB 2281 (A.R.S. § 15- 112). Yet HB 2281 has no specific audit authority, includes no investigational procedures and offers no guidance for how the statute should be applied to any specific program. Its author, former Superintendent of Public Instruction and now Attorney General Tom Horne, made no secret that the statute was passed specifically to end what he calls "Raza Studies," and Horne's successor to his former post, John Huppenthal, campaigned for office on that same promise. Now they're starting an unlawful witch hunt audit to carry out that dubious political promise under the guise of seeing if the program meets the law's standards. The legal issues around this audit alone, beyond its lack of authority, should have stopped it in its tracks. According to the scope of work defined in the quote request issued to companies bidding do the audit, the audit will include interviews with students, in violation of those students right to privacy under the Family, Educational and Privacy Rights Act of 1974. Moreover, the audit involves the primary issues focused upon in pending litigation by ten MAS teachers and the program's director. The plaintiffs are represented by counsel, making the audit in violation of the mandate which precludes communications with a represented party. The whole audit has at best the appearance of impropriety, and at worst, the stink of harassment of the litigants for daring to challenge the law. Worse yet, the district has been made an instrument in this disruptive, expensive and shameful manipulation of public policy. Before the law even took effect Tom Horne had declared MAS in violation of HB 2281 and declared the only remedy was to eliminate the program. Horne concedes that he authored the first draft of the law – something that smacks of conflict of interest. This audit will cost $170,000 in times when education is being cut to the bone, with the sole intent of attempting to legitimize the elimination of a program with a proven success at raising test scores and graduation rates of Hispanics – something the district has otherwise failed to accomplish. If you have any questions you can reach Deyanira Nevarez at info@saveethnicstudies.org or (520) 975-1485. |