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Arizona ban on ethnic studiesunconstitutional
REUTERS 23 AUG 2017 AT 17:12 ET
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A
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Judge A. Wallace Tashima (Youtbube)
federal judge has overturned an Arizona ban on ethnic studies courses aimed atHispanic students, saying it was motivated by racial discrimination and violated
pupils’ constitutional rights.
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The decision by Judge A. Wallace Tashima issued on Tuesday came in response to alawsuit by students and parents challenging the law, which ended a MexicanAmerican Studies, or MAS, program run by the Tucson school district.
“The Court is convinced that decisions regarding the MAS program were motivated bya desire to advance a political agenda by capitalizing on race-based fears,” Tashimawrote in his ruling.
Officials with the Arizona Department of Education were not immediately available forcomment. A Tucson Unified School District member, Kristel Ann Foster, said she was“elated” to be able to restore the program to classrooms.
In 2006, Arizona’s then-schools superintendent and former attorney general, ThomasHorne, began a probe into MAS after an incident when a labor activist told studentsthat Republicans were racist. Horne concluded the program violated school code, andthe state threatened to withhold funds until it was stopped.
Tashima, however, backed a study conducted in 2012 –the year the program was dropped from the syllabus inTucson – which found MAS helped improve thegraduation rates and test scores of some of thedistrict’s worst-performing students.
One of those, Alfred Chavez, 27, said he had been onthe verge of dropping out in 2006 when he signed upfor the MAS curriculum at Tucson High School. Hecredits the classes with keeping him in school and
propelling him toward a career in education.
“They didn’t just appeal to the A+ student. They appealed to street kids, themarginalized population,” said Chavez, who works as a program specialist at MesaCommunity College near Phoenix. “It turned them on to education.”
About 64 percent of Arizona’s school students are Hispanic, according to state figures.The MAS program included units on Mexican-American history, art and literature.
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The attorney for the parents and students who broughtthe lawsuit, Steve Reiss, described the ruling as an“extraordinary” win.
“To show that a state passed and implemented a lawwith discriminatory intent is extremely hard thesedays,” Reiss said.
Speaking to Reuters before the ruling, Horne said hecontinued to believe such courses were racist and had
no place in schools.
“They should learn about the contributions of all groups, not their own group,” Hornesaid.
(Reporting by Taylor Harris in New York; Editing by Daniel Wallis and Peter Cooney)
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