123456789101112131415161718192021222324252627282930Office of Administrative Hearings1400 West Washington, Suite 101Phoenix, Arizona 85007(602) 542-9826
IN THE OFFICE OF ADMINISTRATIVE HEARINGS
IN THE MATTER OF THE HEARINGOF AN APPEAL BY:TUCSON UNIFIED SCHOOL DISTRICTNO. 1
No. 11F-002-ADEADMINISTRATIVELAW JUDGE DECISION
August 19, 2011, August 23, 2011, September 14, 2011, andOctober 17, 2011. The record closed on December 16, 2011.
Bryan Murphy, Esq. and Melissa Iyer, Esq. for the ArizonaSuperintendent of Pubic Instruction and the Arizona Department of Education; LisaAnne Smith, Esq., Heather K. Gaines, Esq., and Sesaly O. Stamps, Esq. for the TucsonUnified School District No. 1
ADMINISTRATIVE LAW JUDGE:
Lewis D. Kowal _____________________________________________________________________
OVERVIEW OF ISSUES AND CONCLUSION
At issue is not whether the MAS program should be suspended, dismantled, orterminated, or whether the MAS program has achieved a certain level of academicsuccess, or whether the MAS program is an effective program, or whether MAS classesare being taught in accordance with State standards.This hearing was held solely to determine whether Superintendent JohnHuppenthal’s June 15, 2011 determination that the Mexican American Studies (“MAS”)program in the Tucson Unified School District No. 1 (“District”) violates Arizona RevisedStatutes (“A.R.S.”) §§ 15-112(A)(2) by promoting racial resentment, (A)(3) by beingdesigned primarily for one ethnic group (Mexican Americans),
or (A)(4) by advocatingethnic solidarity instead of treating pupils as individuals.The Administrative Law Judge concludes that as of January 1, 2011, and as ofthe hearing dates, which were held more than 60 days from Superintendent
For purposes of this decision, as reflected in the evidentiary record and references made by the parties,the use of the terms Mexican American, Chicano, Xicano, Latino, Raza, and Hispanic are usedinterchangeably.