Bad news for TUSD’s Ethnic Studies

by David Safier

Judge Lewis D. Kowal ruled TUSD's Mexican American Studies courses violate ARS 15-122.

That means, according to the judge, MAS does the following:

• Promotes racial resentment
• Is designed primarily for one ethnic group
• Advocates ethnic solidarity instead of treating pupils as individuals

If the ruling stands, TUSD Superintendent Pedicone will either have to get rid of MAS as we know it or have 10% of the district's state funding withheld. There's little doubt if TUSD has to make that choice, it will get rid of MAS. No way the district can afford to lose that kind of money.

But it's not over. There's another court case in which MAS teachers and students contend ARS 15-122 itself is unconstitutional. If the judge agrees, the law will be gone, meaning MAS can't violate it. Huppenthal, of course, is asking to have the case dismissed.

This is a definitely setback for MAS, but the pending case could change things back in favor of Ethnic Studies. Stay tuned.

UPDATE: The TUSD Board has the option of appealing Judge Kowal's decision. The current Board is split 2-2 on the Ethnic Studies issue. The decision of who will fill an open seat, occupied by Judy Burns until her recent untimely death, will most likely decide whether or not there will be an appeal.