The Historical Regression Continues: Arizona Legislature Bans Ethnic Studies!

Yesterday the Arizona state legislature approved House Bill 2281, an educational reform designed to end Ethnic Studies courses in publicly funded schools.

Much can be said about the mentality of the legislators who would even consider developing such an initiative, but in the current context it is further evidence that reason does not reign in Arizona.

A summary of the reform and its corresponding link below:

http://www.azleg.gov/FormatDocument.asp?inDoc=/legtext/49leg/2r/summary/h.hb2281_03-18-10_houseengrossed.doc.htm

House of Representatives
HB 2281
schools; prohibited courses; discipline

NOW: prohibited courses; discipline; schools

Sponsors: Representatives Montenegro, Gowan, Seel, et al.


DPA/SE Committee on Education

W/D
Committee on Government



DPA
Caucus and COW

X
House Engrossed


HB 2281 prohibits a school district or charter school from including courses or classes that either promote the overthrow of the United States government or promote resentment toward a race or class of people.

History
The State Board of Education (SBE) must prescribe a minimum course of study, incorporating Arizona’s academic standards, to be taught in Arizona public schools (Arizona Revised Statutes (A.R.S.) § 15-701). School district governing boards must approve the course of study, including the basic textbook for each approved course and all other units recommended for credit before implementing each course in both elementary and high schools. Pursuant to A.R.S. § 15-701.01, a governing board may adopt courses of study that are in addition to or higher than that prescribed by the SBE.

Current law requires the principal of each school to ensure that all rules pertaining to the discipline, suspension, and expulsion of pupils are communicated to students at the beginning of each school year. All cases of suspension must be for good cause and must be reported within five days to the governing board by the superintendent or person imposing the suspension. The school district governing board is required to post regular notices and take minutes of any hearing concerning the discipline, suspension, or expulsion of a pupil (A.R.S § 15-843).

Provisions
· States that the Legislature finds and declares that public school pupils should be taught to treat and value each other as individuals and not be taught to resent or hate other races or classes of people.

· Prohibits a school district or charter school from including in its program of instruction any courses or classes that:

Ø Promote the overthrow of the United States government.

Ø Promote resentment toward a race or class of people.

Ø Are designed primarily for pupils of a particular ethnic group.

Ø Advocate ethnic solidarity instead of the treatment of pupils as individuals.

· States that if the SBE determines that a school district or charter school is offering a course that violates this act, the SBE must direct the Superintendent of Public Instruction (Superintendent) to notify the school district or charter school that it is in violation.

· Stipulates that if the SBE determines that the school district or charter school has failed to comply within 60 days after a notice has been issued by the Superintendent, the SBE may direct the ADE to withhold up to 10% of the monthly apportionment of state aid that would otherwise be due to the school district or charter school and requires ADE to adjust the school district or charter school’s apportionment accordingly.

· Specifies when the SBE determines that the school district or charter school is in compliance with not offering a prohibited course, ADE must restore the full amount of state aid payments to the school district or charter school.

· Stipulates that actions taken under this act are subject to appeal pursuant to laws relating to uniform administrative hearing procedures.

· States that this act cannot be construed to restrict or prohibit:

Ø Courses or classes for Native American pupils that are required to comply with federal law.

Ø The grouping of pupils according to academic performance, including capability in the English language, that may result in a disparate impact by ethnicity.

Ø Courses or classes that include the history of any ethnic group and that are open to all students, unless the course or class violates this act.

· Prohibits rules pertaining to the discipline, suspension, and expulsion of pupils from being based on race, color, religion, sex, national origin, or ancestry.

· States that if the ADE, the Auditor General, or the Attorney General determines that a school district is substantially and deliberately not in compliance with pupil disciplinary actions and if the school district has failed to correct the deficiency within 90 days after receiving notice from the ADE, the Superintendent may withhold the monies the school district would otherwise be entitled to receive from the date of the determination of noncompliance until the ADE determines that the school district is in compliance.

· Makes technical and conforming changes.

Lawsuits target AZ law amid calls for boycotts

Let the lawsuits against the unjust and discriminatory SB 1070 begin!

There is no room in this world for the institutionalized discrimination that such a law would bring about.

The following Washington Post article discusses the first of what may eventually be a flood of lawsuits against SB 1070:


Lawsuits target AZ law amid calls for boycotts

Michael Gerson - A test of Arizona's political character

Republican Michael Gerson presents a critical interpretation of SB 1070 in a Washington Post article. Link below:

Michael Gerson - A test of Arizona's political character

Constitutional Scholars: SB 1070 Unconstitutional

A New York Times article discusses the interpretations of SB 1070 by legal scholars. Most point out that the law does not meet the constitutional test, as the Supreme Court previously established that immigration policy is determined by the federal government.

The link to the full article below:


News Analysis - A Law Facing a Tough Road Through the Courts - NYTimes.com

Terry Goddard Leads Jan Brewer In Arizona Gov's Race: Hispanic Voters Flocking To Democratic Candidate

Arizona Governor Jan Brewer is beginning to pay the electoral price for supporting the anti-immigrant SB 1070. According to a Huffington Post article, she is now trailing democratic attorney general Terry Goddard and angry Latinos are flocking to the Democratic Party.

Electoral defeat of Brewer will send a clear message to other anti-immigrant politicians.

Terry Goddard Leads Jan Brewer In Arizona Gov's Race: Hispanic Voters Flocking To Democratic Candidate

MALDEF Condemns Arizona's SB 1070

The following is a press released issued by the Mexican American Legal Defense and Educational Fund (MALDF), one of the oldest and most prominent Mexican American civil rights organizations:

----------
MALDEF Condemns AZ Governor Brewer for Signing Unconstitutional Anti-Immigrant Bill
MALDEF will pursue all legal options to challenge SB 1070
April 23, 2010

LOS ANGELES, CA – Today, MALDEF President and General Counsel Thomas A. Saenz issued the following statement in response to Arizona Governor Jan Brewer’s signing of Senate Bill 1070.

“The extremely disappointing news that Governor Brewer caved to the radical fringe by signing SB 1070 launches Arizona into a spiral of pervasive fear, community distrust, increased crime and costly litigation, with nationwide repercussions. This cowardly gubernatorial act is the epitome of irresponsible leadership.

Nonetheless, the Arizona community is not alone. MALDEF and others will be pursuing all legal avenues to challenge this law. We have every expectation, based upon judicial precedent and unquestioned constitutional values, that SB 1070 will be enjoined before it can ever take effect.

One significant measure of SB 1070’s patent illegality is that it seeks to implement Arizona’s own scheme of immigration regulation – separate and in conflict with federal government policy – when our Constitution envisions a unified nation under one federal set of immigration regulations to be adopted by Congress and implemented by the President. By rejecting that constitutional plan, Arizona’s enactment of SB 1070 is tantamount to a declaration of secession. In response, the federal government must act to preserve our united nation by clearly stating that it will not cooperate in any way with the implementation of SB 1070 – that it will not adjust or alter its immigration enforcement priorities to the detriment of other states simply to accommodate Arizona's most recent exercise in racial demagoguery.

At the same time, Arizona should brace for the inevitable response to its leadership’s folly – decreased cooperation with police that yields higher rates of crime, decreased international commerce that has ripple effects throughout the state economy, and a significant waste of taxpayer resources on defending and vainly attempting to implement a deeply flawed law.”

L.A. Councilwoman Hahn calls for boycott of Arizona after recent passage of tough immigration law

Calls for boycott of Arizona grow. Among those calling for it is LA councilwoman Janice Hahn.


L.A. Councilwoman Hahn calls for boycott of Arizona after recent passage of tough immigration law | L.A. NOW | Los Angeles Times

Los Angeles Times Editorial on Arizona SB 1070

Describing the anti-immigrant law in Arizona as a "travesty of law" the LA Times observes that its approval has put the issue of comprehensive immigration reform on the national agenda, and that it highlights the need to bring about such a reform to prevent these type of discriminatory policies.

Arizona leads, sort of, on immigration - latimes.com

Breathing While Undocumented

The infamous Arizona SB 1070 and its proponents continue to receive much-deserved criticism. In the link below is blog entry from the NYT's Linda Greenhouse, whose recent visit to the state has made her describe Arizona as a police state and she has come to the conclusion she does not wish to return there.


Breathing While Undocumented - Opinionator Blog - NYTimes.com

Arizona's shameful 'immigration' bill

Condemnation of the anti-immigrant bill signed today by Arizona Governor Jan Brewer is coming in from home and abroad, including human rights organizations who see this as an irrational and inhumane attempt to deal with an issue that the US authorities have neglected for a long time.

Arizona has now become the poster boy of modern day racial profiling and discrimination with a law that will impact not only undocumented immigrants but potentially anyone who looks like one - a modern day euphemism for Mexican.

No doubt the law has added fuel to the racial tensions already present in the nation and will increase polarization in Arizona and elsewhere. We already saw that taking place with past experiences, such as California's proposition 187.

Among those writing on the issue today is Washington Post columnist E. J. Dionne. The link to his article is below.


PostPartisan - Arizona's shameful 'immigration' bill