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Ethnic studies embers still burn as bill aims to outlaw political speech in classrooms

Gary Grado//February 15, 2012//[read_meter]

Ethnic studies embers still burn as bill aims to outlaw political speech in classrooms

Gary Grado//February 15, 2012//[read_meter]

Just when it seemed the conflict in Tucson Unified School District was nearly resolved, Sen. Lori Klein has sponsored a bill aimed at the teachers of the defunct Mexican American Studies program.

A strike-everything amendment to Klein’s SB1202 that was approved by the Senate Government Reform Committee prohibits teachers from pushing their political views on students. Educators who violate the law would lose the state certification that allows them teach in public schools, while school districts that look the other way or should have known a teacher was espousing a partisan viewpoint face a loss of state funding.

A self-professed watchdog group, Tucsonans United for Sound Districts, helped draft the legislation. The group formed during the controversy surrounding TUSD’s Mexican American Studies program, which has been dismantled since an administrative law judge upheld Superintendent of Public Instruction John Huppenthal’s determination that the program violated a 2010 law that outlaws race-based classes.

“The (bill) was based almost exactly on Arizona existing law, which prohibits sectarian instruction in classrooms,” said the group’s leader, Loretta Hunnicutt. “Highly ethical, skilled teachers know the difference between partisan instruction and just the facts.”

Richard Martinez, an attorney who represented teachers of the program in a federal lawsuit, said SB1202 would lead to a lawsuit if it becomes law.

The teachers were dismissed as plaintiffs from the lawsuit challenging the 2010 law for lack of standing and only two students were allowed to continue as plaintiffs.

Martinez said the teachers would have standing in a suit challenging Klein’s bill because they could lose their certification under it.

Hunnicutt said the bill is an “honest alternative” to the 2010 law.

“(SB1202) addresses the ideology, because I think the classes at TUSD had nothing to do with ethnicity, they have everything to do with ideology. It just so happens they were geared towards Mexican Americans, but the ideology could have been plugged into any group,” Hunnicutt said.

The 2010 law, which was designed to end the Mexican American Studies program, prohibits classes that promote ethnic solidarity, promote the overthrow of the U.S. government, are designed primarily for pupils of a particular ethnic group or promote resentment towards a race or class of people.

Klein said the bill addresses the “political indoctrination” and “insidious activities” in the Mexican American Studies program, which she referred to under its former name, La Raza Studies.

“These young people are impressionable,” Klein said.

The bill passed 5-2 along partisan lines, but Klein agreed that she needs to refine the definition of partisan. Sen. Steve Smith, a Maricopa Republican, said he was concerned about due process for the teachers, but he gave his tentative approval of the bill.

“If you’re going to put someone’s livelihood in the hands of an eight-year-old kid… what is the appeals process?” he said.

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