State AZ Filing

Case 4:10-cv-00623-AWT Document 356 Filed 09/26/16 Page 1 of 226
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MARK BRNOVICH
Firm Bar No. 014000
Kevin D. Ray, No. 007485
Leslie Kyman Cooper, No. 012782
Jordan T. Ellel, No. 023911
Assistant Attorneys General
1275 W. Washington Street
Phoenix, Arizona 85007
Telephone: (602) 542-8349
Email: EducationHealth@azag.gov
Attorneys for Defendants
IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF ARIZONA
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NOAH GONZLEZ; JESS

GONZLEZ, his father and next friend, et
al.,
Plaintiffs,
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vs.
DIANE DOUGLAS, Superintendent of
Public Instruction, in her Official Capacity,
et al.,
Defendants.
Case No. 4:10-cv-00623-AWT

DEFENDANTS STATEMENT OF
FACTS IN SUPPORT OF
THEIR MOTION FOR PARTIAL
SUMMARY JUDGMENT
Honorable A. Wallace Tashima
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Pursuant to Fed. R. Civ. P. 56 and LRCiv 56.1(a), Defendants submit this separate
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Statement of Facts in Support of their Motion for Partial Summary Judgment.
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Facts relating to TUSDs Decision to Suspend MAS Program
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1.
TUSDs Governing Board did not approve the MAS Programs curricula or
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materials in accordance with its Board policies as required by A.R.S. 15-721(A) and
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(B) and -722(A) and (B).
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2.
ADE issued a finding that TUSDs MAS program violated A.R.S. 15-112
on June 15, 2011. See June 15, 2011 Finding of Superintendent John Huppenthal
regarding TUSD MAS programs compliance with A.R.S. 15-112, 1 attached to the
Ellel Affidavit as Ex. A. 2
3.
TUSD timely appealed ADEs finding regarding its MAS program. See
June 22, 2011 TUSD Notice of Appeal of Determination of Non-Compliance with A.R.S.
15-112 and Request for Hearing, attached to the Ellel Aff. as Ex. B.
4.
In response to TUSDs appeal, a hearing was conducted by Administrative
Law Judge Lewis Kowal of the Office of Administrative Hearings. The three and one-
half day hearing occurred on the following dates: August 19, 2011; August 23, 2011;
September 14, 2011; and the morning of October 17, 2011. ADE presented testimony
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from the following witnesses: ADEs Chief of Programs and Policy John A. Stollar, Jr.,
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TUSD Governing Board President Dr. Mark Stegeman, TUSD Governing Board member
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Charles Michael Hicks, ADE Associate Superintendent Kathy Hrabluk, TUSD
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Superintendent Dr. John J. Pedicone, TUSD parent Mary Stevenson, MAS Program
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Director Martin Sean Arce, and ADE curriculum expert Dr. Sandra Stotsky. TUSD
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presented testimony from the following witnesses: Tucson High Magnet School
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principal Dr. Abel Morado, TUSD expert Dr. Jeffrey F. Milem, TUSD Deputy
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Superintendent Dr. Maria Menconi, and TUSD teacher Julie Elvick-Mejia. See
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December 27, 2011 decision in The Matter of Hearing of an Appeal by: Tucson Unified
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School District No. 1, No. 11F-002-ADE attached to the Ellel Aff. as Ex. C (ALJ
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Decision) at 1, 3-4.
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5.
ALJ Kowal issued his decision on December 27, 2011. See ALJ Decision
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at 36. He concluded TUSDs program violated A.R.S. 15-112 because it includes
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classes or courses that promote racial resentment. ALJ Decision at 34, 7. He also
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concluded that the undisputed evidence established that the TUSD Governing Board had
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Defendants have provided the Court (and the parties) with an electronic courtesy copy
of this Statement of Facts in which citations to deposition testimony and exhibits in the
SOF are linked to the appropriate page in the attached exhibits. The filed copy of the
SOF does not include these links.
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The Affidavit of Counsel Jordan T. Ellel (Ellel Aff.) is attached hereto as Exhibit 1.
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not approved the MAS programs textbooks or materials between January 1, 2011 and
June 15, 2011. ALJ Decision at 8, 28.
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6.
Superintendent Huppenthal affirmed the ALJs decision on January 6,
2012. See Order Accepting Recommended Decision, attached to the Ellel Aff. as Ex D.
7.
Just four days later, on January 10, 2012, TUSDs Governing Board voted
to suspend all MAS classes, while committing itself to revising its social studies core
curriculum to increase its coverage of Mexican-American history and culture, including a
balanced presentation of diverse viewpoints on controversial issues. The end result shall
be a single common social studies core sequence through which all high school students
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are exposed to diverse viewpoints. See Affidavit of Mary Alice Wallace (Wallace Aff.),
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Ex. E, at TUSD-ARCE 0012, attached to the Ellel Aff. as Ex. E.
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8.
To effectuate this decision, among other actions, TUSD administrators
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ordered that MAS materials be removed from classrooms, but that they remain available
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in school libraries. Among the materials collected were the following seven controversial
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books:
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a.
500 Years of Chicano History, by Elizabeth Martinez.
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b.
Occupied America: A History of Chicanos, by Rodolfo Acua
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c.
Message to Aztlan, by Corky Gonzles
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d.
Chicano! The History of the Mexican American Civil Rights
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Movement, by F. Arturo Rosales

e.
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Rethinking Columbus: The Next 500 Years, edited by Bill Bigelow

and Bob Peterson
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f.
Critical Race Theory, by Richard Delgado
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g.
Pedagogy of the Oppressed, by Paulo Freire.
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See January 17, 2012 TUSD News Release entitled Report of TUSD book ban
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completely false and misleading, attached to the Ellel Aff. as Ex. F; see also January 18,
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2012 letter from TUSD Superintendent John Pedicone to TUSD Faculty and Staff
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(explaining that reports that MAS books have been banned are completely false),
attached to the Ellel Aff. as Ex. G.
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ADE did not direct TUSD as to the means by which it could come into
compliance with its order regarding TUSDs MAS classes. See TUSD 30(b)(6) Dep.
115:20-117:25, Feb. 29, 2016, attached to the Ellel Aff. as Ex. H.
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On October 22, 2013, at a properly noticed public meeting, TUSDs
Governing Board approved the use of, among other materials, the seven controversial
books. See Minutes of October 22, 2013 TUSD Governing Board Meeting, attached as
Exs. G and H to the Wallace Aff.; see also TUSD 30(b)(6) Dep. 69:6-19, Feb. 12, 2016,
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attached to the Ellel Aff. as Ex. I.

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Since 2012, TUSD has worked to implement Culturally Relevant Curricula
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designed to reflect the history, experiences, and culture of African American and
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Mexican American communities in accordance with the Unitary Status Plan, which
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requires that such courses be developed using the Districts curricular review process
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and that such courses meet applicable state and District standards for academic rigor. See
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Unitary Status Plan, Fisher v. Lohr, CV 74-90 DCB (D. Ariz. Feb. 20, 2013), Dkt. 1450,
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at 38 and Special Masters Report and Recommendation Relating to Mendoza Plaintiffs
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Obj. to Special Masters Finding that TUSD is in Compliance with the USP in its
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Implementation of Culturally Relevant Courses, Dkt. 1941.
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Facts relating to Plaintiffs Inadequate Disclosure of the Basis
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for their Viewpoint Discrimination Claim
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12.
On October 16, 2015, Defendants propounded interrogatories to Plaintiffs.
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Interrogatory No. 12 requested that Plaintiffs [i]dentify all facts that support plaintiffs
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contentions as stated in paragraph 118 of the TAC [Third Amended Complaint] that
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Defendants actions constituted a violation of Plaintiffs First Amendment viewpoint
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discrimination rights. Ellel Aff. 12.
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13.
Plaintiffs responded on November 16, 2015, asserting inappropriate
boilerplate objections. They mentioned a 2004 Arizona State Board for Charter Schools
decision regarding the Paulo Freire Freedom School (a Tucson charter school) and
directed Defendants to Plaintiffs Disclosure Statements, the documents identified therein
and unidentified present and former TUSD employees. See Plaintiffs Response to
Defendants Non-uniform Interrogatories dated October 16, 2015, at 16-17, excerpts
attached to the Ellel Aff. as Ex. J.
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14.
In early December 2015, Defendants requested that Plaintiffs supplement
their response to Interrogatory No. 12, pointing out that Plaintiffs failure to provide any
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information at all about the basis for [Plaintiffs] viewpoint discrimination claim leaves
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Defendants to engage in conjecture regarding the facts upon which Plaintiffs base this
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claim. See December 8, 2015 letter from Leslie Kyman Cooper to Richard Martinez, at
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2, attached to the Ellel Aff. as Ex. K.
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Later that month, Plaintiffs responded by letter to Defendants request.
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They referred Defendants to the factual basis for their equal protection claim as the basis
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for the viewpoint discrimination claim, stating that These facts, among others, form the
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basis of Plaintiffs viewpoint discrimination claim. See December 23, 2015 letter from
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Luna Barrington to Leslie Kyman Cooper, at 3, attached to the Ellel Aff. as Ex. L.
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16.
Subsequently, Plaintiffs supplemented their response to Defendants
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Interrogatory No. 11, which sought facts underlying the equal protection claim, but did
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not ever provide any additional factual basis for the viewpoint discrimination claim. See
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Plaintiffs January 18, 2016 Supplemental Response to Defendants Non-Uniform
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Interrogatories dated October 16, 2015, at 16-18, excerpts attached to the Ellel Aff. as
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Ex. M; see also Plaintiffs March 1, 2016 Second Supplemental Response to Defendants
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Non-Uniform Interrogatories dated October 16, 2015, at 16-18, excerpts attached to the
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Ellel Aff. as Ex. N.
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17.
Plaintiffs Disclosure Statements do not contain any specific information
about the nature of their viewpoint discrimination claim. See Plaintiffs Disclosure
Statement No. 5, 3 attached to the Ellel Aff. as Ex. O.
DATED this 26th day of September, 2016.
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MARK BRNOVICH
Attorney General
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/s/ Jordan T. Ellel

Kevin D. Ray
Leslie Kyman Cooper
Jordan T. Ellel
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Defendants have provided the Court with Plaintiffs last disclosure statement, for
purposes of establishing Plaintiffs complete failure to meet their disclosure obligations.
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CERTIFICATE OF SERVICE
I hereby certify that on September 26, 2016, I electronically transmitted that
attached document to the Clerks Office using the CM/ECF System for filing and
transmittal of a Notice of Electronic Filing to the CM/ECF registrants of record. A copy
was emailed to Judge Tashimas chambers at judge_tashima@ca9.uscourts.gov pursuant
to LRCiv 5.4.
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/s/ Kate Hofland
PHX #5338868
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EXHIBIT 1
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MARK BRNOVICH
Firm Bar No. 014000
Kevin D. Ray, No. 007485
Leslie Kyman Cooper, No. 012782
Jordan T. Ellel, No. 023911
1275 W. Washington Street
Telephone: (602) 542-8349
Email: EducationHealth@azag.gov
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NOAH GONZLEZ; JESS

GONZLEZ, his father and next friend, et
al.,
Plaintiffs,
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Public Instruction, in her Official Capacity,
et al.,
Defendants.
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AFFIDAVIT OF COUNSEL
Honorable A. Wallace Tashima
vs.
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Case No. 4:10-cv-00623-AWT
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I, Jordan T. Ellel, being first duly sworn upon my oath and competent to testify to
the matters set forth below, depose and say on my own personal knowledge that:
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1.
I am an attorney at the Arizona Attorney Generals Office.
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2.
I represent Defendants in the above-referenced matter.
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3.
Attached as Exhibit A is a true and correct copy of the June 15, 2011
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Finding of Superintendent John Huppenthal.

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Attached as Exhibit B is a true and correct copy of the June 22, 2011 TUSD
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Notice of Appeal of Determination of Non-Compliance with A.R.S. 15-112 and
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Request for Hearing.
5.
Attached as Exhibit C is a true and correct copy of the December 27, 2011
decision in The Matter of Hearing the of an Appeal by: Tucson Unified School District
No. 1, No. 11F-002-ADE.
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6.
Attached as Exhibit D is a true and correct copy of the January 6, 2012
Order Accepting Recommended Decision by Superintendent Huppenthal.

7.
Attached as Exhibit E is a true and correct copy of the Affidavit of Mary
Alice Wallace, and the following exhibits to the Wallace Affidavit: (i) Exs. E - Minutes
of January 10, 2012 TUSD Governing Board Meeting; (ii) G - Minutes of October 22,
2013 TUSD Governing Board Meeting; and (iii) H - TUSD Supplemental Material
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Approval Forms from the October 22, 2013 Governing Board Meeting.
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Attached as Exhibit F is a true and correct copy of the January 17, 2012
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TUSD News Release entitled Report of TUSD book ban completely false and
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misleading.
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Attached as Exhibit G is a true and correct copy of the January 18, 2012
letter from TUSD Superintendent John Pedicone to TUSD Faculty and Staff.
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Attached as Exhibit H is a true and correct copy of excerpts of the February
29, 2016 TUSD 30(b)(6) Deposition Transcript.

11.
Attached as Exhibit I is a true and correct copy of excerpts of the February
12, 2016 TUSD 30(b)(6) Deposition Transcript.

12.
On October 16, 2015, Defendants propounded a set of Non-Uniform
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Interrogatories on Plaintiffs, which included Interrogatory No. 12, which stated:
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Identify all facts that support plaintiffs contentions as stated in paragraph 118 of the
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TAC that Defendants actions constituted a violation of Plaintiffs First Amendment
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viewpoint discrimination rights.
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13.
Attached as Exhibit J is a true and correct copy of excerpts of the
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November 16, 2015 Plaintiffs Response to Defendants Non-Uniform Interrogatories
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Dated October 16, 2015.
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Attached as Exhibit K is a true and correct copy of the December 8, 2015
letter from Leslie Kyman Cooper to Richard Martinez.

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Attached as Exhibit L is a true and correct copy of the December 23, 20 15
letter from Luna Barrington to Leslie Kyman Cooper.

16.
Attached as Exhibit M is a true and correct copy of excerpts of the
January 18, 2016 Plaintiffs' Supplemental Response to Defendants' Non-Uniform
Interrogatories Dated October 16, 2015.
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Attached as Exhibit N is a true and correct copy of excerpts of the March 1,
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Interrogatories Dated October 16, 2015.
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Attached as Exhibit 0 is a true and correct copy of the July 13, 2016
Plaintiffs' Disclosure Statement No. 5.
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FURTHERAFFIANT SAYETHNOT.
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DATED this 26th day of September, 2016.
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STATE OF ARIZONA
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County of Maricopa
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SUBSCRIBED TO AND SWORN before me, a Notary Public for the State of
Arizona by Jordan T. Ellel, a person known personally by me on this 26th day of
September, 2016.
JJ~h.buu~
Notary Public
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#5340167
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EXHIBIT A
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Sw.re of .Ari:con.:.t
Dep9rtll'lent nf fld\ltacion
Office of John Huppcnthal
Superintendent of Public lnsrruccion
r.
Summary
1, 2011, pursuant co Arizona Revised Stmltes (AR..S) 1>.112 (ll) then Superintendent of
Public Instruction 'l'om .Home issued a f11ldingofviolation by T\lcson Unified School District's Mexican
.'\meri~ Studies P-cogram. Laws 2010, Chapter 311 which added 1\RS 15-112 became ~ft~c..-tivt! onJanwry
1, 2011. the same day the inir:iru finding was i!;sued. Tucson Unified &hool District (TUSD) was not in
session due to winter break at the time the violation was issued, therefore, as the new Superintendent of
Public Instruction, it w-as incumbent upon me to determine if, in fact, TUSD w.as in violation of the srarute
post january 1, 2011.
()n January
In order to detennine whether or not the Tucson Unified School District's {'l'USD) Mexican i\merican
Studie!i Program (Progttun) violates any of the provisions of ARS 15112, the Arizona Department of
Education (AD E), at my direction, conducted an in depth investigation and review of the Progr..Lm and its
cucciculum, materials, rontcnt am.l ~ching practices. 'lhi.s investigation included a curriculum audit
conducred by ~ conrracmr and V'tU'ious data submitted to and gathcn:d by A!)B . _<\frer careful examination of
all the available information, 1 tind there is a dear violation of ARS 15-J 12 as detailed bdow.
It.
foindmg
A. Relevant sttrure:
"15-112. Prorubjwd cpy[Sq; and dasses;, enfurcement
A. A l!chool district or charter school in tht5 state shall aor include in its Program of instruction
any courses oc classes that include any of the following;
I. Promote overthrowing the U.S. government;
2. Promote resentment towards a race or class of people:
3. Are desi~ed pritrulrily for pupils of a particular ethnic race; and
4. Advocate ethnic solidarity instead of the tn~atm<:nt of pupils as individilllls."
B. Yiohttion 1>112 A (2)

During classroom observations, no established currk.-uhun was observed by the ADE auditor~.
Addirio nally, the head of the Yle.xican American Studies Department (J.Jepartmenr) , which
administers the Program, refused both to he interviewed by the auditors and to provide complet
curriculum materials to allow fol' a full evaluation of the utilized cucriculum md classroom
teach in~. The auditors were unable to rcvic:w any comprehensive curriculum. M2.terials in rhe
cla.~sroom were genernlly non~xistenr and no consistency in materials or coursework existed in
separ.tte ch.tss sec.:tions identified as the being the same subject. I Iowevec, the limited materials
the auditors reviewed and matcr.ials submitted to ADE <.:ontairu:d conrenr promoting resentment
towards a r:-JCe or ru1.'1s of people which are cleat violations of Subsection A (2). Our finding is
ba$ed o r1 the limited l.-urriculum ami tru~troals reviewed ar TUSD and adclition.al!11llterials
g-.trheced indt>peru.lenoy of the conducted das:>room ubl>crvatiuns. E:rumples of such l.-onrent
include:
Reviewed materials repeatedly rctcrcnce white people as being "oppressoa;" and
"oppressing'> the Latirlo people.
Reviewed mare rials pct:Sent only unt! p<.:rSpt.'t.tivc of hilitu.ric;:.l t'Ventli, that of th~ Latino
people being persecuced oppressed ~nd subju~ted by the "h'l,lCmony"- or white
America.
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C. Violation- 15-112 A (3}

ln adrutioo to the .rcvtcwcd cumculum mm:erials, the Department's websire clcatly indteatcs the
Program is primarily designed for pupils of il pmic.:ular trt.hnic r<~.c~; couple this with the facr that
an exrraordine~ry peccentage of students enrolk-d in Pn.>gr.un dasst!s :tee Hispanic (over 90%)
oornpar~ to d1e stuc.i~::nt population as a whole, conscitu~s a viulation AR$ 15-112 A (3). The
examples below are a portion of the evidence supporting this fmd.ing:
MASD website displays a chart of the Mexic:.~.n Amcr.ic.m Studies Model 'Which is .srated
to be the foundation foe their curriculum and is explicitly directed towud Latino
students. The Model shows rhe focu~ to be academic proficienc~u~d ac-4dcmic identity
fur Latino students ro result in increased oc2demic achievement fdO.Latino students.
~~~
Website clearly states the Department WdS "formed to specifically eru)ance
the academic
success ofl.acino students" although tt can beuefit all stud~ stAJ.~t
uemonstnres the J?rogr:un and the Depwment exis~
Primiillf"t;iel:Ve
~ents.
_,.._
,.a_
.,_.l,..
Much of the n:vicwcd curriculum and mateoals ~re;~e ~r ~~,g_o'f'T...acino or
.Hispanic origin a.nd thus a pan of an oppresscd.~ple. ~:..
:~~
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~a ~~...
""t..b !!~
A~
o#t'~l,:r
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14th
......
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D. Violution- 1.>112 A (4) .

;::,
~
=~
Cumculum and materials t:eviewed also sho~violati6W\s of Sub~on A (4), which prohibits
advoouing fOr ethnic solidlrity inscead o';~~~ 'a'&d.ivid~. Much of the evidence
supporting violations of Subsection AJ!Z/also ~e
under rhis subsection.,
additio1lal supporting documentation iRaludes:
...;.~,.
""':"'
Reviewed Cll!l'iculum ~t.e~~~tedly ~basize the importance of building
HL'>p;mic narioruilism4hd"urut1,',ID r~f.ace of...~!liffiilntion and oppresson.
Vlol-.
~:~
11L." '
;:~
twh.
Ulf\.
Of~
.,,....._
I QI.=t.,
'"1\1~:\.
:.;e..
un
tl'\.
,_..,r
. ~:~"
E. Additional Sta~~ arnt.~~gut~,ry Vio!tions

i\DE became a~:?f additi~~ta~~d regulacory violations dunng me in-depth review
of rhe De~t am!, th~:~sr:ai.e...Addfnonally, te'l:t and material selection fo.c Program
courses f.til to dXIUorm
both s~cs and TUSD Govcm.ing Bcr.ud adopred policies. AD!!.
believes tile~. violat!.?~s ~ibuted to the current controversy and conflict suuounding the
Proor;tm.
-o---- '!!~~
..,.,_..~~-*"
. ..,......-~""
,,':1-
r:;~
u1
.. ..,l..;.....AR$';,15-~;:t~;,.
.
~.... 11111,...-.t
4......
--"\,;~) Ati:.7..otn.,Revi$ed SmtuteS, Title
~
15, Article 3 delineates the powers and duties of school

;~ districtgo~emqbo:u.'Cis; ARS 1S.341lisr:s the general powers~ duries of such boards.
~i.~ ~..... Su~~n 2Yequires g<>veming hoards to exclude fmm schools all books, publications,
~~
.:~"papers ~ :.t.ud.iovisu:al. materials of a sectari\10, partisan or denomlnation21 character.
~:~.
:.~1' the <.."Urriculum and material ceviewed was of a partisan nature; in fact the intent
-:;:.,.
;9f some mateti2ls is p:uti.-;:mship and political organization.
V"=;;:;:.... ~ _c:;_5ubse~.."tlon 5 tlirec~ brovt:ming bo-mb to ~t:t the curriL:ulum and other critena requi.n:d
- ..~::."'.. ro pmmote pupils from one grade to the next and fur gradu.1tinn as lcmg as t( confocms
to the minimum criteria set by rhe Srate Board of .Edu<..01rion (ARS 15 701 and 15701 .01). Local goven1ing boards may require additional cun:iculum and crirena. Many of
rhe high school coun;e offering; from the Department are offered for credir roward.s
graduation.
2. ARS 15-721.md 15-722
These sections of statute govem courses of study for ele!Ylffitary ( LS-721) and high schools
(~t >72Z). Both sections require school district governing boards to apptove the collrse of
study and the ba.UC textbook for each course. Additionally, if a course does not include a
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basic text. the broveming board must approve all supplemental books to be used in the
colltl'e prior to approving the coutse. Additional duties are pre11cribed under these st"t.1:iuns
of st'".tn.lte for governing boards to tmlintain authority over texts and supplement-al materials
usc:d in all courses md subject them to puuli~.: review prior to adoption. For these purp<)$es
"textbooks" include all printed m~tecials, digital content and related printed and non-printed
material for usc by pupils in a classroom.
Our review of Tucson Unified School District Govenling Board agendas dating
back to Janu;u:y 2002 show no such review oc adoptions took place for the ar.:tual
courses of study. No evidence was found to support the TUSD Govemirig Bard has
reviewed my of the texts or supplemental materials used in ~y of the Program's
:tnio..
I.:OW:SCS.
"tRCJ."'
Although district adopted rextboob appe-ar to be used,..!!~ the cc3tiirn~s, off:cial

text~ok and s~pplemcntal materials adoptions for ~d~~~se~t" and,.~c.:illi
Studies do not tnclude many or the books and matemus ~s~d by ~lbrs or
-L
b ed to ADE fior rev1ew.
:!!'.,
t~,
-~~~~nu.l...
~~ ~~. .
u10Se su ffiltt
. ... ,,,,
'4%
.. ~;.;,.,,~,.. ~'
Additionally, this failU(e to review and adot#.l~1~ue~iss als~~Iati~nltof the
TUSD governing bo~rd's own adoptd eli89r..!JJ whiclt~te~!l;;in pat't: "l11e Board
will approve the <."ourse of study, the basic
text t:~Utcrials
'fncl~mg digital rm~teri:Lls
1ct.:'..._,.,",
for each course, and all units rcoomrncntied for c~{iis under 'Mch general subject
ririe prior to implementation of:~fi;~q~us~~e Boal.!d;~ill :Uso approve and adopt
all new t:L.,;t and supplemenraq n~~;;;i!-<.:::~;,....
~~~
~l..
. :T ;:::
:~;
'''' '!;:~-:;~~. ~
:~;~!!.,
.. .....,
.....,..
-~:;~~
As a result of the above fmdings, it is hereby}!!~red~~ 1'USOf8?atd has 60 days to bring the MexiCM
American $tudies Progr.un into complian'?~-lPitli~ 15!:'tl2. faWrcto do so shall rest1lt in the 'Withholding
of 10% of state funds.
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Amcr&:au Hisrory from:& Chicana/o Penpecttve -Count Muteroll,,
\ .ndex TllmU'oii\Chan On Bc:wtnil1g Hwmn by Robe em .K~ p. 17
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(not:& pel'joi".J.nw: a:rm) has strippo!d aw:1y our true identity,"
"We tlarr.mc.l th ;~t from lcindcrgllr1Cl
rhrouF~t collt'~, $p;itllm be
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conmburion1 of the Mc..'dcan Amt'ril."'ln nt lndio-Hia;P',mo in the building
>fthe South'Wt:5t ... We Llem:uxi rhatnot only rhe bod which is our
.lllCC5tr-.U rVd'lt. ht. gwen back ro thc::~e pueblos, bur also r~rirur10n foe
on.incral, n:ttu'111 l'l'1!V utCCS , ~:azmg anc.l titnhcr used." Ps; 32..34
'The greac white fJthcr i$ dletrs, not 0\tn; ht' belo~ to dut side ot ttle
Rivt:.r. He wu.:s a che;U'Ct, liM the new boolc on the
bookkec:ping ~y~r.sn of Gc:o~ w~~hington pmves t!l:u he g:uncd 30
('>OUilds while hi' ~olclier~ weco llu.:itlp; :11 Vall~y tio~ ...Thr.n c:v:duate
rhflf rhtft pan uf MeJO:ico, 1\zrlan, W!l$ r.lkcn in ~n asgxx:nlve war of
c:1<p:ln.Sioni..'ill1 L"Vm wn t>ee rlun the Wllr in Voenum." Pg 37
M~:~~sippt
Mc:xic-m i\meric-.tn Studies i:A.op2l:ttnalt wcb~ite
Fn.'\wenrly 1\do:::d QuL'1iti(lrlS

h!tj>://www.rusd .kl2.w~ . us/conrent~ /dcP'.ut/mex!Can:tm/faq.\\Sp
MCXICUl Amc:ric~n Studic& Moucl
http//WWU>". :<L'I<i .k12.u.u.s/~vnl\'n1S/dcpaa/mc:a:icott'l;tm/mndcl.asp
P.17
EXHIBIT B

OECONCINI MCDONALD YETWIN
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Via E-Mail and

Certified Mail, Return Receipt Requested
John Ruppenthal
Superintendent of Public Instruction
Arizona Department of Education
1535 West Jefferson Street
RE:
Tucson Unified School District No. 1

Notice of Appeal of Determination ofNon-Compliance with A.R.S. 15-112 and
Request for Hearing
Dear Mr. Ruppenthal:

The Tucson Unified School District No. 1 of Pima County ("TUSD"), whose primary
administrative offices are located at 1010 E. lOth Street, Tucson, AZ 85719, by and through
counsel undersigned, and pursuant to A.R.S. 41-1092.03(B), hereby appeals from your finding
that TUSD is in violation of A.R.S. 15-112. Copies of your press release and findings issued on
June 15, 2011 (collectively, the "Notice of Violation") are attached hereto as Exhibit A. The
specific reasons for this appeal are set forth below.
I.
The Notice of Violation Was Deficient

A.
The Notice of Violation was deficient on its face for failure to comply with
A.R.S. 42-1092.03:
Chapter 311 of Laws 2010, 49th Legislature, Second Regular Session, also commonly
referred to as HB2281 ("HB2281" or the "Statute") became effective either December 31, 2010

DECONCINI MCDONALD YETWIN
& LACY
ATTORNEYS AT LAW
John Ruppenthal
June 22, 2011
Page 2
or January 1, 2011. 1 HB2281 added two new statutes, A.R.S. 15-111 and 15-112, and revised
an existing statute A.R.S. 15-843. A.R.S. 15-112(D) provides that "actions taken under this
2
section are subject to appeal pursuant to title 41, chapter 6, article 10." A.R.S. 41-1092.03
provides that the notice of an appealable agency action shall:
1. Identify the statute or rule that is alleged to have been violated
or on which the action is based.
2. Identify with reasonable particularity the nature of any alleged

violation, including, if applicable, the conduct or activity
constituting the violation.
3. Include a description of the party's right to request a hearing on

the appealable agency action or contested case.
4. Include a description of the party's right to request an informal

settlement conference pursuant to section 41-1092.06.
The Notice of Violation issued on June 15 identified the statute that was alleged to be
violated but failed to include any description of the right to request a hearing or a description of
the right to request an informal settlement conference. More importantly, however, the Notice of
Violation fails to "identify with reasonable particularity" the nature of the alleged violations.
B.
The Notice of Violation fails to identify classes or courses that violate the statute
A.R.S. 15-112 does not prohibit a school district from offering ethnic studies programs
or maintaining ethnic studies departments. In fact, it does not include the words "ethnic studies"
and does not even address the existence of programs or departments. Instead, it delineates four
elements that cannot be included in any courses or classes. See A.R.S. 15-112(A). A.R.S.
15-112(E) specifically allows "courses or classes that include the history of any ethnic group
and that are open to all students" and "that include the discussion of controversial aspects of
history." Additionally, A.R.S. 15-112(F) provides that A.R.S. 15-112 may not "restrict or
prohibit the instruction of the holocaust, any other instance of genocide, or the historical
oppression of a particular group ofpeople based on ethnicity, race, or class." (Emphasis added).
1
The text ofHB2281, as adopted by the Legislature and signed by the Governor, has an effective date ofDecember
31, 2010. The State's legislative web-site, however, recites an effective date of January 1, 2011.
2
A.R.S. 41-1092, et seq.

& LACY
ATTORNEYS AT LAW
John Ruppenthal
June 22, 2011
Page 3
The Notice of Violation fails to identify the name or location of even a single course that
allegedly violates A.R.S. 15-112. Instead, it relies on excerpts of text books and quotes from the
Mexican American Studies Department's web-site, which do not relate in any way to specific
courses, to conclude that the entire Mexican American Studies program is out of compliance
with A.R.S. 15-112. This lack of specificity makes it impossible for TUSD to identify and
remedy any alleged violation.
C.
The reliance on quotes from text books is misplaced
The Notice of Violation relies almost exclusively on excerpts from texts found in ethnic
studies classroom, with no consideration or analysis of whether those texts are actually taught, in
which classes they are used (if at all) and if they are used, how the material is presented to
students. Notably, it would presumably be acceptable (and perhaps even necessary) to include
Marxist texts or writings of Adolf Hitler in an American History or World History course. Those
texts might include extremely disturbing content, but the inclusion of those texts in the
curriculum does not mean that the objectionable content is being taught to the students.
Furthermore, identifYing objectionable passages from written materials, without describing their
objectionable use in a particular course or class, does not provide TUSD with sufficient
information regarding any violation of A.R.S. 15-112.
D.
The Notice of Violation disregards the findings of an independent audit
Mr. Ruppenthal contracted with Cambium Learning, Inc. to conduct a curriculum audit
of the TUSD Mexican American Studies ("MAS") Department. Cambium spent nearly two
months (March 7, 2011 - May 2, 2011) conducting a comprehensive audit of the MAS
department and issued an audit report dated May 2, 2011, detailing its extensive review of
materials and curriculum, together with site visits, classroom visits and numerous interviews
with interested parties (students, parents, teachers and administrators). Although Cambium found
some areas in which TUSD had failed to provide proper oversight of curriculum and materials, it
found that TUSD's MAS classes were in full compliance with A.R.S. 15-112. In spite of the
fact that Mr. Ruppenthal contracted for the audit and prepared and approved the scope of the
audit, he chose to disregard the findings of this comprehensive, independent audit in finding
TUSD in violation of A.R.S. 15-112. The findings of the audit are quite extensive and provide
valuable evidence in evaluating TUSD's compliance with A.R.S. 15-112.
II.
TUSD is not in violation of A.R.S. 15-112.

A.
TUSD has taken (and intends to continue to take) steps to ensure that its Mexican
American Studies programs and courses are in compliance with A.R.S. 15-112.
On December 30, 2010, the TUSD Governing Board adopted a Resolution, attached
hereto as Exhibit B, setting forth its intent to comply in all respects with HB2281. On January 3,

&
LACY
ATTORNEYS AT LAW
John Ruppenthal
June 22, 2011
Page4
2011, the day classes resumed after the holiday vacation, TUSD conducted a training session for
all teachers who teach courses in the Mexican American Studies Department to familiarize them
with the requirements of HB2281 and TUSD's commitment to complying with HB2281. The
Notice of Violation states that the MAS Department's web-site demonstrates that the program
was designed for Latino students. The following quote from the web-site demonstrates that this
assertion is simply untrue: "While the Mexican American Studies Department was formed
specifically to enhance the academic success of Latino students, the educational model and
curriculum developed by the Mexican American Studies Department help all students." The
courses are intended for all students, and do not violate A.R.S. 15-112.
B.
Mexican American Studies course do not promote resentment towards a race or

class of people
In support of this finding of violation, the Notice states that the auditors did not have
access to a comprehensive or established curriculum. The Notice states further that there was no
consistency in materials or coursework "in separate class sections identified as the [sic] being the
same subject." Again, no specific course title is mentioned. This portion ofthe notice goes on to
cite to "limited materials the auditors reviewed and materials submitted to ADE" and finds that
these materials violated A.R.S. 15-112(A)(2). As noted above, specific materials are not
prohibited by the statute. Furthermore, a general statement that materials refer to "white people
as being 'oppressors' and 'oppressing' the Latino people" does not establish a violation of the
statute. Since there is no indication of how these materials are used in a specific course or class.
As noted above, A.R.S. 15-112(F) specifically provides that the Statute may not "restrict or
prohibit the instruction of ... the historical oppression of a particular group ofpeople based on
ethnicity, race, or class." (Emphasis added). To the extent that any materials cited in the Notice
of Violation (although no books or texts are specifically identified) may be used in a class, the
cited "quotes" do not establish that there is any violation of A.R.S. 15-112(A)(2) in the use or
presentation of these materials in any particular course.
C.
Mexican American Studies courses are not designed primarily for students of a
particular ethnic group:
Mexican American Studies courses are open to all students in the schools in which they
are offered. Students of all races and ethnicities are encouraged to enroll in these courses, and to
take advantage of the rigorous curriculum they provide. All ethnic studies programs in TUSD
are designed to promote multi-cultural awareness among all students, foster critical thinking
about important and sometimes difficult historical events, and engage students in intellectually
challenging coursework using topical themes that emphasize the diversity and complexity of our
community. The Notice of Violation focuses on the actual enrollment in these courses, as
compared to district-wide Hispanic enrollment. This ignores two significant factors- first, many
of the schools in which Mexican American Studies classes are offered have a higher Hispanic
enrollment than the district average. A more appropriate comparison is between Hispanic

& LACY
ATTORNEYS AT lAW
John Ruppenthal
June 22, 2011
Page 5
enrollment at a particular school and Hispanic enrollment in that school's Mexican American
Studies classes. Second, actual enrollment in a course has no relationship to the design or intent
of the District in creating the course. It is undisputed that students other than Hispanics enroll in
MAS classes, and that all students are permitted and encouraged to enroll. There is no evidence
of a violation of A.R.S. 15-112(A)(3).
Additionally, all of TUSD's ethnic studies programs are integral to the effective
implementation of TUSD's obligations under the post-unitary status plan that went into effect
when the federal court lifted its desegregation order in December 2009. As noted above, these
programs are not designed primarily for students of a particular ethnic group. They are,
however, an important tool in TUSD's efforts to ensure schools are operating in a nondiscriminatory manner in that they demonstrate to all students that different ethnic backgrounds
are valued and respected in TUSD and that the interdisciplinary study of different cultures is
important to the academic success of individual students as well as to the preservation of an
integrated academic community.
D.
Mexican American Studies courses treat all pupils as individuals
A.R.S. 15-112(A)(4) prohibits course or classes that "advocate ethnic solidarity instead
of the treatment of individuals." The Notice of Violation fails to include any specific citations or
references to ways in which any MAS class violates this statute. Again, there are general
references to "curriculum and materials," which allegedly "emphasize the importance ofbuilding
Hispanic nationalism and unity." Contrary to the findings in the Notice of Violation, Cambium's
audit found that "no evidence as seen by the auditors exists to indicate that instruction within
Mexican American Studies Department program classes advocates ethnic solidarity; rather it has
been proven to treat student as individuals." Cambium Audit at p. 63. The Notice of Violation
does not present any evidence to support a finding contrary to the finding of the auditors aftef
who had review ed course materials and visited numerous MAS classes.
HI.
HB2281 is void for vagueness.
Under the vagueness doctrine, a law is unconstitutional if it "(1) does not allow a person
of ordinary intelligence a reasonable opportunity to know what is prohibited, or (2) lacks explicit
standards, thus permitting arbitrary or discriminatory enforcement." Grayned v. City of
Rockford, 408 U.S. 104, 108-09 (1972). A law can be vague on its face and/or vague as applied.
HB2281 is vague in both ways.
HB2281 does not provide that a school district cannot offer ethnic studies programs.
Instead, it delineates four elements that cannot be included in any courses or classes. See A.R.S.
15-112(A). The Statute goes on to specifically allow "courses or classes that include the
history of any ethnic group and that are open to all students" and "that include the discussion of
controversial aspects ofhistory." A.R.S. 15-112(E). Additionally, A.R.S. 15-112(F) provides

& LACY
ATTORNEYS AT LAW
John Ruppenthal
June 22, 2011
Page 6
that the Statute may not "restrict or prohibit the instruction of the holocaust, any other instance of
genocide, or the historical oppression of a particular group ofpeople based on ethnicity, race, or
class." (Emphasis added).
A.
HB2281 is vague on its face:
It is unclear on the face of A.R.S. 15-112 what would violate the elements in subsection
A. For example, studying the history of slavery in the United States may engender feelings of
resentment among some students, even though that is not the intended result of the curriculum,
and thus may be construed as a violation of subsection A(2). A.R.S. 15-112 gives no guidance
as to how a district must structure its curriculum to ensure it is not perceived as "promot[ing]
resentment toward a race or class of people" while trying to teach students about important
historical events that involve systemic oppression of one race or class of people by another.
A.R.S. 15-112is simply too vague for TUSD to have reasonable notice as to what it may or may
not do to comply.
B.
A.R.S. 15-112 is vague as applied to TUSD:
TUSD has made and will continue to make diligent efforts to ensure that its courses,
which are expressly allowed by A.R.S. 15-112 (E) and (F), do not include the elements
prohibited by A.R.S. 15-112(A). In spite of these steps, Mr. Ruppenthal maintains that the
program is in violation, but gives no indication of what steps would be necessary to bring it into
compliance. In the Notice of Violation, Mr. Ruppenthal fails to identify any act or policy of
TUSD that runs afoul of A.R.S. 15-112, but rather includes general citations to "curriculum and
materials" that may be used in some of the department's classes. He does not identify the class or
classes in which the alleged violations occurred. The MAS Department offers numerous courses
at numerous grade levels. Each of these courses must be evaluated individually to determine
compliance with A.R.S. 15-112. If the only standard for violation of A.R.S. 15-112 is general
citations to materials that may not even be used in a particular class (or any class), it is
impossible to determine what acts would result in compliance. Furthermore, the standard for
finding a violation cannot be that the Superintendent of Public Instruction thinks that
"violations" have occurred as a result of limited anecdotal evidence and general excerpts from
texts and materials, along with limited information regarding the curriculum of some classes,
taken out of the context of any particular class.
IV.
The Notice of Violation Exceeds the Scope of A.R.S. 15-112
In addition to finding violations of A.R.S. 15-112, Mr. Ruppenthal alleges that the
District has failed to comply with A.R.S. 15-341, 15-721 and 15-722, which outline certain
obligations of the Governing Board with regard to curriculum oversight and textbook approval.
While compliance with these statutes is undoubtedly within the purview of the Arizona
Department of Education, failing to comply does not subject TUSD to sanctions under A.R.S.

& LACY
ATTORNEYS AT LAW
John Ruppenthal
June 22, 2011
Page 7
15-112. Accordingly, although TUSD does not agree with the Superintendent's conclusions
with regard to these statutes, it is not addressing those allegations in this Notice of Appeal. The
sole focus of any hearing on this appeal must be TUSD's compliance with A.R.S. 15-112, as
the authority to withhold 10% ofTUSD's state aid funds relates only to A.R.S. 15-112.
For the foregoing reasons, TUSD appeals from the Superintendent's findings and
requests that an administrative hearing be scheduled at the earliest possible date. Please do not
hesitate to contact me if you have any questions regarding the foregoing.
Very truly yours,

/
I
tleather K.'Gaines
Enclosures
c (via e-mail): John Pedicone, Superintendent
Martha Durkin, Lead Legal Counsel
Carrie Brennan, Assistant Attorney General
I:\FILES\DOCS\TUCS03\101226\DOC\LH4041.DOC
State of Arizona
Department of Education
Office of John Ruppenthal

Superintendent of Public Instruction
Superintendent of Public Instruction John Huppenthal Statement of Finding

Regarding Tucson Unified School District's Violation of A.R.S. 15-112
I.
Summary
On January 1, 2011, pursuant to Arizona Revised Statutes (ARS) 15-112 (B) then Superintendent of
Public Instruction Tom Horne issued a finding of violation by Tucson Unified School District's Mexican
American Studies Program. Laws 2010, Chapter 311 which added ARS 15-112 became effective on January
1, 2011, the same day the initial finding was issued. Tucson Unified School District (TUSD) was not in session
due to winter break at the time the violation was issued, therefore, as the new Superintendent of Public
Instruction, it was incumbent upon me to determine if, in fact, TUSD was in violation of the statute post
January 1, 2011.
In order to determine whether or not the Tucson Unified School District's (TUSD) Mexican American
Studies Program (Program) violates any of the provisions of ARS 15-112, the Arizona Department of
Education (ADE), at my direction, conducted an in depth investigation and review of the Program and its
curriculum, materials, content and teaching practices. This investigation included a curriculum audit
conducted by a contractor and various data submitted to and gathered by ADE. After careful examination of
all the available information, I find there is a clear violation of ARS 15-112 as detailed below.
II.
Finding
A. Relevant statute:
"15-112. Prohibited courses and classes; enforcement
A. A school district or charter school in this state shall not include in its Program of instruction
any courses or classes that include any of the following:
1. Promote overthrowing the U.S. government;
2. Promote resentment towards a race or class of people;
3. Are designed primarily for pupils of a particular ethnic race; and
4. Advocate ethnic solidarity instead of the treatment of pupils as individuals."
B. Violation- 15-112 A (2)
During classroom observations, no established curriculum was observed by the ADE auditors.
Additionally, the head of the Mexican American Studies Department (Department), which
administers the Program, refused both to be interviewed by the auditors and to provide
complete curriculum materials to allow for a full evaluation of the utilized curriculum and
classroom teachings. The auditors were unable to review any comprehensive curriculum.
Materials in the classroom were generally non-existent and no consistency in materials or
coursework existed in separate class sections identified as the being the same subject.
1535 West Jefferson Street, Phoenix, Arizona 85007 (602) 542-5460 www.azed.gov
However, the limited materials the auditors reviewed and materials submitted to ADE contained
content promoting resentment towards a race or class of people which are clear violations of
Subsection A (2). Our finding is based on the limited curriculum and materials reviewed at TUSD
and additional materials gathered independently of the conducted classroom observations.
Examples of such content include:
Reviewed materials repeatedly reference white people as being "oppressors" and
"oppressing" the Latino people.

Reviewed materials present only one perspective of historical events, that of the Latino
people being persecuted oppressed and subjugated by the "hegemony"- or white

America.
C. Violation- 15-112 A (3)
In addition to the reviewed curriculum materials, the Department's website clearly indicates the
Program is primarily designed for pupils of a particular ethnic race; couple this with the fact that
an extraordinary percentage of students enrolled in Program classes are Hispanic (over 90%)
compared to the student population as a whole, constitutes a violation ARS 15-112 A (3). The
examples below are a portion of the evidence supporting this finding:
MASD website displays a chart of the Mexican American Studies Model which is stated to
be the foundation for their curriculum and is explicitly directed toward Latino students.
The Model shows the focus to be academic proficiency and academic identity for Latino
students to result in increased academic achievement for Latino students.
Website clearly states the Department was "formed to specifically enhance the academic
success of Latino students" although it can benefit all students, the statement
demonstrates the Program and the Department exists primarily to serve Latino students.
Much of the reviewed curriculum and materials address the reader as being of Latino or
Hispanic origin and thus a part of an oppressed people.
D. Violation- 15-112 A (4)

Curriculum and materials reviewed also showed violations of Subsection A (4), which prohibits
advocating for ethnic solidarity instead of treating pupils as individuals. Much of the evidence
supporting violations of Subsection A (2) also indicate violations under this subsection, additional
supporting documentation includes:
Reviewed curriculum and materials repeatedly emphasize the importance of building
Hispanic nationalism and unity in the face of assimilation and oppression.
E. Additional Statutory and Regulatory Violations

ADE became aware of additional statutory and regulatory violations during the in-depth review
of the Department and the Program. Additionally, text and material selection for Program
courses fail to conform with both statutes and TUSD Governing Board adopted policies. ADE
believes these violations contributed to the current controversy and conflict surrounding the
Program.
1. ARS 15-341
Arizona Revised Statutes, Title 15, Article 3 delineates the powers and duties of school
district governing boards; ARS 15-3411ists the general powers and duties of such boards.
Subsection 2 requires governing boards to exclude from schools all books, publications,
papers or audiovisual materials of a sectarian, partisan or denominational character.
Much of the curriculum and material reviewed was of a partisan nature; in fact the intent
of some materials is partisanship and political organization.
Subsection 5 directs governing boards to set the curriculum and other criteria required to
promote pupils from one grade to the next and for graduation as long as it conforms to
the minimum criteria set by the State Board of Education (ARS 15-701 and 15-701.01).
Local governing boards may require additional curriculum and criteria. Many of the high
school course offerings from the Department are offered for credit towards graduation.
2. ARS 15-721 and 15-722

These sections of statute govern courses of study for elementary (15-721) and high schools
(15-722). Both sections require school district governing boards to approve the course of
study and the basic textbook for each course. Additionally, if a course does not include a
basic text, the governing board must approve all supplemental books to be used in the
course prior to approving the course. Additional duties are prescribed under these sections
of statute for governing boards to maintain authority over texts and supplemental materials
used in all courses and subject them to public review prior to adoption. For these purposes
"textbooks" include all printed materials, digital content and related printed and non-printed
material for use by pupils in a classroom.
Our review ofTucson Unified School District Governing Board agendas dating back to
January 2002 show no such review or adoptions took place for the actual courses of
study. No evidence was found to support the TUSD Governing Bard has reviewed any
of the texts or supplemental materials used in many of the Program's courses.
Although district adopted textbooks appear to be used in the courses, official
textbook and supplemental materials adoptions for both Language Arts and Social
Studies do not include many of the books and materials observed by the auditors or
those submitted to ADE for review.
Additionally, this failure to review and adopt material is also a violation of the TUSD
governing board's own adopted policy IJJ which states, in part: "The Board will
approve the course of study, the basic text materials including digital materials for
each course, and all units recommended for credit under each general subject title
prior to implementation of the course. The Board will also approve and adopt all new
text and supplementary materials."
As a result of the above findings, it is hereby ordered that the TUSD Board has 60 days to bring the Mexican
American Studies Program into compliance with ARS 15-112. Failure to do so shall result in the withholding
of 10% of state funds.
Official Statement of Superintendent of Public Instruction John

Huppenthal on His Determination Regarding the Tucson Unified
School District's Violation of A.R.S. 15-112
June 15, 2011
Thank you Andrew and thank you Associate Superintendent Hrabluk for your analysis. Good
afternoon everyone, I would like to thank you all for coming today.
In my role as State Superintendent of Public Instruction, I have a legal responsibility to uphold
the law and a professional imperative to ensure every student has access to an excellent
education.
For those of you who know me, I try to approach each issue carefully, making sure that I have
reviewed all information, data and facts possible before coming to a decision.
That is why I carefully deliberated on my determination on whether or not the Tucson Unified
School District was in compliance with Arizona Revised Statute 15-112.
As Associate Superintendent Hrabluk outlined with great clarity, the Tucson Unified School
District Governing Board failed to provide the statutorily required curriculum development and
oversight of its Mexican American Studies Program.
The Tucson Unified School District Governing Board failed to adhere to its own adopted policies
on curriculum development and its text and materials approval process.
In order to determine whether or not Tucson Unified School District's Mexican American
Studies Program violates any of the provisions of A.R.S. 15-112, the Arizona Department of
Education, at my direction, conducted an investigation and review of the Program and its
classroom materials and instructional content.
I want to first address the foundation for my decision and the independent curriculum audit.
This audit was a limited part of the overall investigation that the Department had conducted.
specifically had several concerns with the audit:
First, two-thirds of the final audit report was beyond the scope of the legal determination I am
making today.
Second, the Tucson Unified School District Administration knew which week the on-sight
classroom reviews and interviews would be taking place. In addition, only 37% of the Mexican
American Studies Program classrooms were observed. Most classrooms were visited just once
and for only 30 minutes.
I want to stress that few materials were available to be observed in the classroom or were
provided to the auditors.
Finally, while invited to participate in the curriculum audit process, key leadership in the
Mexican American Studies Department refused to cooperate- including the Director of the
Department.
Despite these limitations, we were able to accumulate substantial information from many
sources. I used the facts found within that information to render my determination today.
Before I declare my findings, I will lay out the relevant state statute.
A.R.S. 15-112 reads as follows: Prohibited courses and classes; enforcement
A. A school district or charter school in this state shall not include in its Program of
instruction any courses or classes that include any of the following:
1. Promote overthrowing the U.S. government;
2. Promote resentment towards a race or class of people;
3. Are designed primarily for pupils of a particular ethnic race; and
4. Advocate ethnic solidarity instead of the treatment of pupils as individuals."
It is important to note that a violation of any one of these four provisions constitutes a violation
of the entire statute.
I find Tucson Unified School District in Violation of 15-112 A (2)- promote resentment
towards a race or class of people
The materials gathered by, and submitted to, the Arizona Department of Education, as well as
the materials the auditors reviewed contained content promoting resentment towards a race
or class of people.
Just a few examples of the evidence supporting this finding include:
Reviewed materials repeatedly refer to white people as being "oppressors" and "oppressing"
the Latino people.
Reviewed materials present only one perspective of historical events- that of the Latino people
being persecuted, oppressed and subjugated by the "hegemony"- otherwise known in this
material as white America.
I find Tucson Unified School District in Violation of 15-112 A (3)- are designed primarily for
pupils of a particular ethnic race
In addition to the reviewed classroom materials and instructional content, the Mexican American
Studies Department website clearly indicates the Program is primarily designed for pupils of a
particular ethnic race.
Just a few examples of the evidence supporting this finding include:
The TUSD Mexican American Studies Department website itself. It displays a chart of its
Mexican American Studies Model which is the foundation for its program and is explicitly
designed for Latino students.
Much of the reviewed materials address the reader as being of Latino origin and thus a part of
an oppressed people.
This finding is supported by the fact that an extraordinary percentage of students enrolled in
Program classes are Latino- over 90%- compared to the Latino student population at Tucson
Unified School District, which is 60%
I find Tucson Unified School District in Violation of 15-112 A (4)- advocate ethnic solidarity
instead of the treatment of pupils as individuals
Please note that much of the evidence supporting violations of Subsection A (2) also indicate
violations under subsection A (4).
An example of the evidence supporting this finding includes:
Reviewed Mexican American Studies Program materials repeatedly emphasize the importance
of building Latino nationalism and unity versus identifying students as individuals.
As a result of the investigation and review of the Mexican American Studies Program and its
classroom materials and instructional content, I find there is substantial evidence of a clear
violation of Arizona Revised Statute Section 15-112 by the Tucson Unified School District.
The Tucson Unified School District Governing Board has 60 days to bring the Mexican American
Studies Program into compliance with A.R.S. 15-112.
Failure to do so shall result in the withholding of 10% of the monthly apportionment of state
aid to Tucson Unified School District until such time as they come into compliance.
I will now take a few questions.
EXHIBIT C

DEPOSITION EXHIBIT
WIT:
IN THE OFFICE OF ADMINISTRATIVE HEARINGS
1/u l.nu. ~ )5)
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IN THE MATTER OF THE HEARING

OF AN APPEAL BY:
TUCSON UNIFIED SCHOOL DISTRICT
No. 11 F-002-ADE
ADMINISTRATIVE
LAW JUDGE DECISION
N0.1
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HEARING: August 19, 2011 , August 23, 2011 , September 14, 2011, and
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October 17, 2011. The record closed on December 16, 2011 .

APPEARANCES: Bryan Murphy, Esq. and Melissa lyer, Esq. for the Arizona
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Superintendent of Pubic Instruction and the Arizona Department of Education ; Lisa

Anne Smith, Esq., Heather K. Gaines, Esq., and Sesaly 0. Stamps, Esq. for the Tucson
Unified School District No. 1
ADMINISTRATIVE LAW JUDGE: Lewis D. Kowal
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OVERVIEW OF ISSUES AND CONCLUSION
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At issue is not whether the MAS program should be suspended , dismantled, or
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terminated , or whether the MAS program has achieved a certain level of academic
success, or whether the MAS program is an effective program, or whether MAS classes
are being taught in accordance with State standards.
This hearing was held solely to determine whether Superintendent John
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Huppenthal's June 15, 2011 determination that the Mexican American Studies ("MAS")
program in the Tucson Unified School District No. 1 ("District") violates Arizona Revised
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Statutes ("A.R.S.") 15-112(A)(2) by promoting racial resentment, (A)(3) by being

25
designed primarily for one ethnic group (Mexican Americans), or (A)(4) by advocating
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ethnic solidarity instead of treating pupils as individuals.

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The Administrative Law Judge concludes that as of January 1, 2011 , and as of

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the hearing dates, which were held more than 60 days from Superintendent
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---
DATE: (, , (;)./. I (a
CAROLINE CHAPMAN
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 used
interchangeably.
Office of Administrative Hearings
1400 West Washington, Suite 101
(602) 542-9826
L-------------~~~139
Huppenthal's June 15, 2011 determination, the MAS program had one or more courses
2
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or classes that violate A.R.S. 15-112(A)(2), (3), and (4). The Administrative Law
Judge also concludes that grounds exist for the Superintendent of Public Instruction and
the Arizona Department of Education (collectively referred to herein as the "Department"
unless otherwise noted) to withhold 10% of the monthly apportionment of state aid
5
unless the District comes into compliance with A.R.S. 15-112. See A.R.S. 156
112(8).
7
APPLICABLE LAW
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A.R.S. 15-112 provides:

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A. A school district or charter school in this state shall not

include in its program of instruction any courses or classes that
include any of the following:
1. Promote the overthrow of the United States government.
2. Promote resentment toward a race or class of people.
3. Are designed primarily for pupils of a particular ethnic group.
4. Advocate ethnic solidarity instead of the treatment of pupils
as individuals.
B. If the state board of education or the superintendent of public
instruction determines that a school district or charter school is
in violation of subsection A, the state board of education or the
superintendent of public instruction shall notify the school
district or charter school that it is in violation of subsection A. If
the state board of education or the superintendent of public
instruction determines that the school district or charter school
has failed to comply with subsection A within sixty days after a
notice has been issued pursuant to this subsection, the state
board of education or the superintendent of public instruction
may direct the department of education to withhold up to ten
per cent of the monthly apportionment of state aid that would
otherwise be due the school district or charter school. The
department of education shall adjust the school district or
charter school's apportionment accordingly. When the state
board of education or the superintendent of public instruction
determines that the school district or charter school is in
compliance with subsection A, the department of education
shall restore the full amount of state aid payments to the school
district or charter school.
C. The department of education shall pay for all expenses of a
hearing conducted pursuant to this section.
D. Actions taken under this section are subject to appeal
pursuant to title 41, chapter 6, article 10.
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E. This section shall not be construed to restrict or prohibit:

1. Courses or classes for Native American pupils that are
required to comply with federal law.
2. The grouping of pupils according to academic performance,
including capability in the English language that may result in a
disparate impact by ethnicity.
3. Courses or classes that include the history of any ethnic
group and that are open to all students, unless the course or
class violates subsection A.
4. Courses or classes that include the discussion of
controversial aspects of history.
F. Nothing in this section shall be construed to restrict or
prohibit the instruction of the holocaust, any other instance of
genocide, or the historical oppression of a particular group of
people based on ethnicity, race, or class.
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WITNESSES
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The Department's Witnesses
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a.
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Program Chief Stollar"), holds a graduate degree in the field of education and has been
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a teacher and school administrator in Arizona for over 30 years.
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b.
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a doctoral degree in economics from the Massachusetts Institute of Technology
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("District Board President Stegeman").
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c.
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Board Member Hicks").
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d.
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Associate Superintendent Hrabluk"), holds a Master's degree in curriculum and
23
instruction and has 23 years of experience as a teacher, a district and state
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administrator with experience in curriculum development.
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e.
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Superintendent Pedicone").
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f.
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government class taught at Rincon High School during the 2009-2010 year ( "Parent
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Stevenson"). Parent Stevenson is also an English Language Development teacher for
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the District who teaches primarily refugee students.
John A. Stollar, Jr., the Department's Chief of Programs and Policy ("Department
Dr. Mark Stegeman is the President of the District's Governing Board who holds
Charles Michael Hicks is a member of the District's Governing Board ("District
Kathy Hrabluk, Associate Superintendent of the Department ("Department
Dr. John J. Pedicone is the Superintendent of the District, ("District
Mary Stevenson is a parent of a student who attended a high school MAS
AV003141
g.
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Martin Sean Arce is the District's current director of the MAS Department ("MAS
Director Arce").
h.
Dr. Sandra Stotsky ("Dr. Stotsky"), is a tenured and chaired professor in the
Department of Education Reform at the University of Arkansas. She holds a doctoral

degree in education from Harvard Graduate school of Education. She has served as a
senior associate commissioner with the Massachusetts Department of Education and

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has published on the subject of K-12 curriculum development.

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The District's Witnesses

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a.
Dr. Abel Morado is the principal of Tucson High Magnet School ("Principal
Morado").
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b.
Dr. Jeffrey F. Milem ("Dr. Milem") is a professor in Leadership for Educational
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Policy and Reform and the head of the Department of Educational Policy Studies and
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Practice at the University of Arizona. He is also the chair of the Center for the Study of
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Higher Education.
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c.
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Superintendent Menconi"). She has numerous degrees and completed her doctoral
work at New Mexico State University in educational management and development. A
majority of her post-doctoral work was done at Harvard in the area of educational
management and development. She has been in public education for 39 years, 25 of
those have been as an administrator at various schools in Arizona and other states.
She spent five years as a leadership consultant for the Arizona Department of
Education.
d.
for the past thirteen years.

FINDINGS OF FACT
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Julie Elvick-Mejia, a third grade teacher for the District at Ochoa Elementary
School ("Teacher Elvick-Mejiia"), has worked with the teachers from the MAS program
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Dr. Maria Menconi is the District's Deputy Superintendent ("District Deputy
Procedural History
1.
The MAS program in the District began in or about the spring of 1998.
2.
For the 2011 Spring Semester, the MAS program offered classes in Literature,
American History, American Government, Art, and General Chicano studies.
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3.
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3
4
At the elementary school level, the MAS classes were conducted through classes
arranged by either the principal or teacher of the elementary school. In regular classes,
the District had MAS teachers who co-taught various topics through a Mexican
American perspective that were integrated into the normal lesson plans.
4.
At the middle school level, the MAS classes that were offered as electives
included Literature, Mathematics, Chicano Studies, and Independent Study Course.

6
5.
At the high school level, the MAS classes were offered in Literature, American
History, American Government/Social Justice, and Chicana/o Art, and could be used to
8
satisfy graduation requirements.

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6.
A.R.S. 15-112 was enacted by the Arizona Legislature in the spring of 2010
10
and took effect on December 31, 2010.

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7.
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On December 30, 2010, prior to the effective date of the law, the District's
governing board passed a resolution that mirrored specific provisions of A.R.S.
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15-112.
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8.
In January, 2011, the District conducted a training session for all teachers who
teach courses in the MAS Department to discuss the governing board's resolution that
addressed certain provisions of A.R.S. 15-112.
9.
On January 3, 2011, then-Superintendent of Public Instruction Tom Horne issued
his finding that the District's MAS program was in violation of A.R.S. 15-112.
10.
John Huppenthal ("Superintendent Huppenthal") became Superintendent of
Public Instruction at the beginning of January 2011.

11.
The Department had received complaints from members of the Tucson
community regarding the manner in which educational instruction was being conducted
in the MAS program. The Department did not receive any similar complaints regarding
24
any other ethnic studies in the District. The Department is required by statute to
25
consider and investigate complaints relating to public schools. See A.R.S. 15-231.01.
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12.
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MAS program to reach his own conclusion whether the District's MAS program was in
28
violation of A.R.S. 15-112.
Superintendent Huppenthal decided to initiate an investigation of the District's
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AV003143
13.
2
The Department contracted for the services of an outside auditor, Cambium
Learning, Inc. ("Cambium"), 2 to conduct an independent curriculum audit of the MAS

program.
14.
The scope of review set by the Department required that Cambium evaluate
whether the MAS program curriculum was in compliance with A.R.S. 15-112. The
5
auditors were also to determine whether the MAS classes were designed to improve
6
student achievement and whether student achievement had actually occurred. 3
15.
Although the Department contracted with Cambium to perform the audit,
Cambium subcontracted all of the work to the National Academic Educational Partners
9
("NAEP"). 4
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16.
In March 2011, NAEP proceeded to perform the curriculum audit of the District's
11
MAS program.
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17.
The Department required the audit be completed within 60 days so that a
13
decision could be communicated to the District by the end of the 2011 Spring Semester.
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18.
The Cambium auditors found that the MAS classes did not violate A.R.S. 15-
112, and such findings were reported in the Cambium Report (Exhibit A at CAM
001657).
19.
Because of the concerns the Department had regarding the conclusions reached
in the Cambium Report based upon the data contained therein, as well as the limited
information auditors were given access to, the Superintendent decided to conduct an
independent review of the MAS curricular materials before making a determination
whether the District was operating its MAS program in compliance with A.R.S. 15-112.
20.
The Department requested that the District provide it with the textbooks and
materials that were being used in the District's MAS program.
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Witnesses made references to Cambium Learning Group and Cambium, and the final audit report
(Exhibit A) made reference to Cambium Learning, Inc. There was no issue raised at hearing or evidence
presented that would indicate that Cambium, Cambium Learning, Inc., and Cambium Learning Group are
not the same entity.
3
For purposes of this hearing, the only relevant issue in the Cambium Report is whether the MAS
Department's curriculum was in compliance with A.R.S. 15-112.
4
Even though NAEP conducted the audit, the parties referred to the results of the audit as the Cambium
Report, and for purposes of this decision, no distinction is made with respect to NAEP and Cambium
regarding the audit activities, the audit results, or the report.
AV003144
21.
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The Department reviewed the Cambium Report, and all materials reviewed by
the auditors, as well as independently compiled materials and textbooks from the MAS
program obtained through a subpoena issued from the Arizona Attorney General's
Office directed to the District, production of documents made by the District in response
to the Department's request for materials used in the MAS program, and materials
submitted to the Department from the Tucson community.
22.
On June 15, 2011, Superintendent Huppenthal issued a determination that the
District's MAS program violated A.R.S. 15-112 (A)(2),(3), and (4). Superintendent
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Huppenthal provided a description of the rationale for his decision and attached to the
9
determination a list of excerpts from textbooks and materials that the District presented
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to the Department.
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23.
Superintendent Huppenthal specifically noted in the June 15, 2011 determination
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that his findings were limited and that the investigation was hampered by a lack of
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cooperation from the MAS Director and the District's failure to provide a written
curriculum for each of the classes offered as a part of the MAS program.
24.
The District appealed the Superintendent's June 15, 2011 determination, which
brought this matter for hearing before an Administrative Law Judge with the Office of
Administrative Hearings, an independent State agency.
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MAS Program
25.
In the fall of 2008, MAS Director Arce became the Director of the MAS program.
He reported directly to the District's Superintendent until March 2011. In his capacity as
director, MAS Director Arce has a supervisory role over the pedagogy and curriculum
used in the MAS program. MAS Director Arce is responsible for the evaluation of MAS
teachers.
26.
Prior to being appointed as the director, MAS Director Arce taught American
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History/Mexican American Perspectives and served as a curriculum specialist for the
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MAS Department from 2000-2008.
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27.
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and human rights in an MAS class would be inappropriate.
MAS Director Arce acknowledged that to advocate for Chicano or Mexican civil
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28.
2
3
It is undisputed that from January 1, 2011 through June 15, 2011, the MAS
program did not have a comprehensive written curriculum and did not have textbooks or
materials that had been approved by the District's governing board.
29.
During the time period at issue, MAS teachers had access to certain textbooks
and materials that were accessible on a shared computer server, some of which were
5
shown during the hearing to follow the pedagogy of the MAS program.
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30.
MAS Director Arce testified that since the enactment of A.R.S. 15-112, there
have not been any major changes in the curricular materials available to MAS teachers
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on the computer server.

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31.
The MAS teachers had discretion as to which materials could be used in their
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classes to supplement textbooks, if textbooks were used.

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Cambium Report
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32.
Cambrium's curriculum audit consisted of reviewing textbooks and materials
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used in the MAS program, classroom observations, interviews with MAS teachers and
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students, and focus groups.

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33.
District Deputy Superintendent Menconi testified that in her experience, a
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curriculum audit should include a comprehensive review of written curriculum, teachers'

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lesson plans or units utilized in the curriculum, textbooks, student assessments, and
sample student work in conjunction with classroom observations.
34.
District Deputy Superintendent Menconi was the primary point of contact for the
auditors.
35.
District Deputy Superintendent Menconi delegated to MAS Director Arce the
responsibility to compile materials requested by the auditors. District Deputy

Superintendent Menconi transmitted the materials compiled by MAS Director Arce to
the auditors via a flash drive or CD without having reviewed the materials.
The District failed to produce certain documents
36.
During the audit, the auditors requested that the District provide teachers' lesson
plans and sample student work.

37.
MAS teachers told auditors that "student works [were] not retained, rather [they
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were] sent home instead." Ex. A at 65 [CAM 001721]. However, some MAS student
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work samples were retained and produced by the District during the course of discovery
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in this matter and were presented as exhibits. After the filing of its appeal and the
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commencement of discovery in preparation for the instant hearing, the District produced
at least 10,000 pages of written curriculum for all grade levels and sample student work
from MAS classes conducted in the spring of 2011.
38.
Auditors were informed that there was no District policy "specifying a consistent
practice for daily or cumulative lesson plan retention," and it was common practice for
the MAS high school teachers to "write the plan on the board." Ex. A at 65 [CAM
001721]. However, MAS Director Arce testified that there is a district-wide policy
8
requiring lesson plans and syllabuses to be in writing and approved.

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39.
Because the auditors were not provided with lesson plans or sample student
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work, the scope and sequence of [MAS] lessons could not be determined nor could it be
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evidenced through student work samples." Ex. A at 65 [CAM 001721].

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40.
Department Associate Superintendent Hrabluk explained that the "scope and
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sequence" of lessons, an understanding of State standards, and a pacing guide that

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would outline how the materials would be taught during the school year are necessary
parts of a sound curriculum. Department Associate Superintendent Hrabluk, Day 1
(p.m.) at 136:16-25; 137:1-2.
Classroom Visits by Auditors
41.
The audit team observed classroom instruction and reviewed curriculum and
materials in eleven schools served by the MAS Department. Exhibit A at 16, [CAM
001672]. The auditors observed about 34% of MAS classes or courses.
42.
The classroom observations were to be unannounced. The purpose of
conducting unannounced classroom visits was to ensure that the auditors obtained a
reliable and authentic observation of MAS classes as they regularly occur.
43.
Department Program Chief Stollar testified that if teachers know in advance that
they are going to be observed, they have a tendency to change their lesson so that it
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might not be representative of what is actually taught.
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44.
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frame for when the auditors would be conducting classroom visits and did not know
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whether the principals informed teachers of when the auditors were coming.
District Deputy Superintendent Menconi communicated to principals the time
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45.
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MAS Director Arce testified that he told the MAS teachers the auditors were
going to make unannounced observations of their classes.

Elementarv School Classes Observed
46.
The auditors did not observe any MAS classes being taught at the elementary
school level by a MAS teacher because none of the elementary MAS teachers were
available or teaching MAS classes at the time the auditors visited the elementary
schools. Ex. A at 72 [CAM 001728].

7
Middle School Classes Observed

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47.
The audit team attempted to observe three MAS middle school classes. In one
of the middle school classes, the teacher was on her "planning time with no students."
10
Ex. A at 75 [CAM 00173].

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48.
In a middle school class for bilingual education, the students were engaged in a
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math lesson because their traveling MAS teacher was unavailable. /d. at 76 [CAM
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001732].
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49.
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Auditors only observed one middle school class that actually was engaged in a
lesson. The class was about the Mexican American Revolution. /d.
High School Classes Observed
50.
The auditors observed five Latino Literature classes offered to the District's high
school students. Ex. A at 80 [CAM 001736]. Of those five classes, one had a substitute
teacher, who showed a video to the class. /d. at 81 [CAM 001737]. Another class had a
guest speaker who spoke about potential grant and scholarship opportunities for
college. One class had a writing lesson that the auditors believed had been staged for
their review /d. at 82 [CAM 001738]. In the remaining two classes, the auditors
observed the students interacting with selected literature. /d. at 81-82 [CAM 001737001738].
51.
The auditors observed six of the sixteen MAS history classes offered at the
District. The auditors noted that the history lessons for every class covered different
subjects. Ex. A at 86 [CAM 001742].
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52.
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the auditors observed, the students were engaged in completing projects. The auditors
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noted that "[t]he main component in each of these classes was a desire to know and
In the four American GovernmenUSocial Justice Education Project classes that
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understand current events relevant to students, and the research and discussion
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strategies necessary to report findings and accept varying opinions." Ex. A at 90 [CAM
001746].
53.
The auditors noted that the "content" of students' Chicano artwork in MAS art
classes is "derived from social commentary, political statements, and social justice
issues from a multicultural perspective." /d. at 93 [CAM 001749]. Although the auditors
did not observe any textbooks, use of magazines and art reference books were
"evident." Ex. A at 93-95 [CAM 001749-001751].

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The Focus Groups

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54.
Focus group interviews were conducted with teachers, students, parents,
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community members, District administrators and board members. Exhibit A at 16

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[CAM001672].
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55.
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Deputy Superintendent Menconi requested that MAS Director Arce help
coordinate a focus group interview with the Mexican American Studies community
advisory board, an advocacy group supportive of the District's MAS program. MAS
Director Arce did not, however, provide such assistance.
56.
Although the focus group participants were supposed to be randomly selected,
advocates of the MAS program were responsible for selecting some of the participating
students. Therefore, the focus group interviews were biased.
Curriculum Units
57.
The auditors noted in the Cambium Report that they only obtained nine MAS
curriculum units during the course of the audit. Ex. A at 32 [CAM 001688]. The
auditors reviewed two additional curricular units during classroom visitations. /d.
23
58.
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regarding curriculum units, Department Program Chief Stollar defined a curriculum "unit"
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When testifying as to the amount of information the Department received
as one week of lessons., He testified that one semester would include approximately 18
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weeks of lessons. Department Program Chief Stollar, Day 1 (p.m.) at 13:8-19.
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According to Department Program Chief Stollar's estimate, the MAS program courses
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include more than 180 units taught to students each semester.
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59.
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Department Program Chief Stollar opined that under such an analysis, the
auditors were provided with less than 20% of the written curriculum units used in the
courses offered by the MAS program.
60.
Many of the curriculum units that were produced in response to discovery
requests made by the Department for the instant hearing were not previously produced
5
to Cambium or to the Department. However, based on what was produced, the auditors
6
found that three out of the nine total MAS curriculum units "contain an overabundance
7
of controversial commentary inclusive of political tones of personal activism and bias."

8
Ex. A at 34 [CAM 001690).

9
61.
Department Associate Superintendent Hrabluk testified that from reviewing
10
written curriculum minutes, she can tell whether a lesson is being delivered in a biased
11
or inappropriate manner. Department Associate Superintendent Hrabluk further

12
testified that from her review of the MAS materials, the MAS program was in violation of
13
A.R.S. 15-112.
14
The Department's Reaction to the Cambium Report

15
62.
16
17
18
19
20
21
22
23
24
25
26
27
A major concern the Department had with the Cambium audit was that while the
Cambium Report found certain flaws in the curriculum and organizational structure of
the MAS program, it reached conclusions that did not comport with those findings. The
Department was also concerned that the person in charge of the MAS program, MAS
Director Arce, had been requested to meet or speak with the auditors but did not do so.
63.
The auditors provided several citations to some of the "questionable" content in
the curriculum units they were provided with, and they noted that there were books that
might be inappropriate for student use. Ex. A at 35-37 [CAM 001691-001693).
64.
The auditors also noted that "[t]here [was] no direct connection of required
reading texts or suggested reading texts in every curriculum unit. Therefore, the audit
team [could not) determine whether all books are currently in use." /d. at 37 [CAM
001693].
65.
Based upon her review of the Cambium Report, Department Associate
28
Superintendent Hrabluk felt that the report on classroom observations was extremely
29
limited.
30
12
AV003150
66.
2
3
4
Department Associate Superintendent Hrabluki testified that the purpose of a
classroom observation is to confirm that written curriculum is being followed.

67.
Department Associate Superintendent Hrabluk testified that without a complete,
written curriculum, a classroom observation can only provide a brief 20-30 minute
"window of viewing" of what is being taught on the day and time that the class is visited.
Department Associate Superintendent Hrabluk, Day 2 (a.m.) at 15:3-5.
68.
Department Associate Superintendent Hrublak testified that she thought it
strange that the MAS history classes observed by the auditors covered different
8
subjects because all six classes were for the same grade level and offering the same
9
core credit for American History.

10
MAS Website
11
69.
MAS Director Arce testified that while the MAS classes had been originally
12
designed primarily for Mexican American students, the MAS classes address the needs
13
of the lowest-performing students in the District and the classes are designed to benefit
14
all students.
15
70.
16
17
18
19
20
21
22
23
24
25
26
The MAS website contains the following passage: "While the Mexican American
Studies Department was formed specifically to enhance the academic success of Latino
students, the educational model and curriculum developed by the Mexican American
Studies Department help all students." Exhibit Gat DMYL TUSD 015240.
71.
According to the MAS website, the program's "mission" is to "advance the
interests of Raza populations within TUSD [the District]." Ex. 3 at 3.

72.
The MAS website describes the purpose and design of its academic model,
referred to as "critically compassionate intellectualism." Ex. 3 at 6. The website text

states that "for Latino students," the model is designed to create "both a Latino
academic identity and an enhanced level of academic proficiency. The end result is an
elevated state of Latino academic achievement." /d.
73.
The MAS website also includes the following statements: "The department is
27
firmly committed to the following with an academic focus ... Working towards the
28
invoking of a critical consciousness within each and every student
29
promoting teacher education that is centered within Critical Pedagogy, Latino Critical
, Providing and
30
13
AV003151
Race Pedagogy, and Authentic Caring

2
educational transformation." Exhibit 3 at 1-2.

MAS Pedagogy
3
4
, and "Promoting and advocating for social and
74.
The Department contended that the pedagogy of the MAS program is relevant in
determining whether the MAS program, the materials used, and the teaching materials
of the MAS teachers violate A.R.S. 15-112. Further, during the hearing the parties
addressed the pedagogy of the MAS program and how it relates to certain materials
and the provisions of the statute.

8
75.
Pedagogy" is an educational term defined as "the art and science of teaching."
Department Program Chief Stollar, Day 1 (a.m.) at 35:17-22; Department Associate

10
Superintendent Hrabluk, Day 1 (p.m.) at 139:11-16. Both the Superintendent's

11
witnesses as well as the District's administrators agreed that pedagogy is specifically

12
designed to impact or influence student learning.

13
76.
Testimonial evidence presented at the hearing, in conjunction with excerpts from
14
texts, curriculum, assessments, and student work, demonstrates that MAS classes
15
cause students to develop a sense of racial resentment toward the "white oppressor'' or
16
17
18
19
20
21
22
23
24
25
26
27
28
"dominant" group. The philosophy of "us against them" is a persistent theme that exists
within the MAS program.
77.
District Board President Stegeman testified that "the intellectual foundation of
the [MAS] curriculum is that there is an upper class and a lower class which is
substantially but not exactly identified with ethnicity." District Board President
Stegeman, Day 1 (p.m.) at 82:4-8.
78.
Dr. Augustine Romero ("Dr. Romero"), a former MAS program director, and MAS
Director Arce have significantly influenced the pedagogy of the MAS program. In
particular, the Department referenced an article co-authorized by Dr. Romero and MAS
Director Arce entitled "Culture as a Resource: Critically Compassionate Intellectualism
and its Struggle Against Racism, Facism, and Intellectual Apartheid in Arizona" (Ex. 5 at
ADE 000919) to show the educational philosophy underlying the MAS program. /d. at
ADE 000919.
29
79.
30
academic article authored by Dr. Romero, and in part by MAS Director Arce when MAS
In contrast to the Department's position, the District asserted that Exhibit 5 is an

14
AV003152
Director Arce was a graduate student, and it does not represent the views of the District
2
3
4
5
6
or pedagogy of the MAS program. The District's position overlooks the facts that the
program's pedagogy was developed by Dr. Romero and MAS Director Arce and that the
article addresses what has in fact developed in the MAS program. Further, it is
uncontroverted that nothing has changed in the MAS program's pedagogy from its
inception through the effective date of A.R.S. 15-112.
80.
In the article, Dr. Romero and MAS Director Arce state that "we will break this
paper into three sections: The Social and Historical Context, our Barrio Pedagogy, and
8
the implications of the Critically Compassionate Intellectualism model (CCI) and

9
advancement of the MASD." 5 Ex. 5 at ADE 000920.
10
81.
As represented on the MAS website as well as in the article, the "barrio
11
pedagogy" used in the MAS program utilizes "critical Latino race" theory and "critical
12
pedagogy" as the foundation of MAS classes. Ex. 3; Ex. 5 at ADE 000945-000946;

13
MAS Director Arce, Day 2 (p.m.) at 31 :20-32:16; District Superintendent Pedicone, Day
14
2 (a.m.) at 87:9-13.
15
16
17
18
19
20
21
22
23
24
82.
According to MAS Director Arce, "critical race theory utilizes a racimized 6 lens to
look at different issues, different problems within our society." MAS Director Arce, Day
2 (p.m.) at 61:4-7.
83.
MAS Director Arce and Dr. Romero state in the article that the rationale behind
this "racismized" pedagogy is premised upon the belief that "the United States of
America was founded and constructed on racism" and that ""[f]rom its inception,
America and Americans have operated on the belief that whites were superior to all
other races." (Ex. 5 at ADE 000926). They urge that the role of the "critical educator" at
the District is not merely to teach students, but to use the classroom to encourage
activism.
25
26
27
5
28
29
30
"MASD" is a defined term. In the article (Ex. 5 at ADE 000919), "MASD" is defined by MAS Director
Arce and Dr. Romero as "the Tucson Unified School District's (TUSD) Mexican American Studies
Department (MASD)."
6
This term was shown to have been created by Dr. Romero/MAS Director Arce, as evidenced in Exhibit
5, and the spelling of this term in the transcript of this proceeding is different than how it is spelled in
Exhibit 5.
15
AV003153
84.
2
MAS Director Arce testified that "critical pedagogy" is "steeped in Paulo Freire's
outlook on education wherein you see students not as empty receptacles but as bearers
of knowledge that come into class." MAD Director Arce, Day 2, (p.m.) at 154:16-19.
85.
Dr. Romero and MAS Director Arce summarized the MAS pedagogy as follows:
In this pursuit of social justice we as well as our students constantly

engage in the exercises of problemization and tri-dimensionalization of
reality. We borrow both exercises of Freire, and we have modified these
exercises to meet our needs .... A modification to this process is our
deliberate attempt to 'racismize' this process by asking our students to
insert the race and racism variables to this Freirean exercise.
6
7
8
9
Ex. 5 at ADE 000947 (emphasis added).

10
86.
District Superintendent Pedicone testified that based upon conversations with
11
MAS Director Arce, the article's description of the MAS pedagogy cited above is an
12
13
14
accurate description of what is being utilized in the MAS program today.

87
Dr. Romero and MAS Director Arce address in the article the role of the
critical educator:
15
The critical educator cannot wait for the dominant group or the American
structure to correct itself. The critical educator must understand that the
oppressors cannot see the nature of their ways. Given this understanding,
it is my belief that the dominant group is incapable of critical reflection or
redemptive remembering, both of which are required for the creation of a
truly egalitarian structure. Because of their linear thought and messianic
self image, however, the dominant group is unable to reflect upon its
actions; therefore, all it sees is the American structure it created.
16
17
18
19
20
21
22
23
24
Ex. 5 at ADE 000927 (emphasis added).

88.
District Superintendent Pedicone confirmed that this quote contains "an accurate
description of what the critical educator is called to do in the Mexican American studies
programs at TUSD." District Superintendent Pedicone, Day 2 (a.m.) at 89:8-91:6.
25
Opinions of Expert Witnesses
26
Dr. Milem's Testimony
27
89.
28
behalf of the District regarding the importance of ethnic studies in the educational
29
system.
Dr. Milem established himself to be an expert in ethnic studies and testified on
30
16
AV003154
90.
2
3
4
5
6
Dr. Romero and MAS Director Arce's article notes that in pursuing social justice,
they and their students engage in exercises of problemization that deliberately attempt
to "racismize" the process and use "barrio pedagogy." See Ex. 5 ADE at 000928;
000919.
91.
Although Dr. Milem had reviewed MAS Director Arce and Dr. Romero's article,
he was not familiar with the terms "racismize" or "barrio pedagogy."

92.
Dr. Milem acknowledged that he is not an expert on the "critically compassionate
intellectualism" model upon which the MAS program is based. See Ex. Gat DMYL
8
TUSD 015237.
9
93.
Dr. Milem testified that ethnic studies classes "are not designed inherently for
10
students of any one group." Milem, Day 3, (p.m.), at 9:16-10:19.

11
94.
Dr. Milem testified that there are benefits of ethnic studies to "white" students
12
who take the classes, as well as for students of color, and that ethnic studies enhance
13
critical thinking and academic achievement.

14
95.
15
16
17
18
19
20
21
22
23
Dr. Milem also testified that for Anglo students, ethnic studies classes can initially
create a sense of disequilibrium by challenging "their world view about a lot of issues,"
but that over time, with appropriate instruction, such "disequilibrium" would generally be
resolved. Milem, Day 3, (p.m.), at 5:11-20; 8:14-21. However, Dr. Milem did not know
whether the specific instruction in MAS classes or the specific MAS curriculum would
bring the "disequilibrium" to a resolution due to his lack of knowledge of the actual
instruction. ld. at 44:9-13.
96.
Dr. Milem testified that the use of critical race theory and critical pedagogy in
ethnic studies courses would not promote racial resentment or advocate ethnic
solidarity.
24
97.
25
racism does not promote racial resentment, and, in fact, "the failure to teach this part of
26
our history is more likely to promote that resentment." ld. at 12:7-13.
27
98.
28
interactions he has had with MAS Director Arce, discussions with students who have
29
been enrolled or are enrolled in MAS classes, teachers who taught MAS classes, and
30
his involvement and a review of material presented at the Transformative Education, a
Dr. Milem opined that teaching students about historical facts of oppression and
Dr. Milem further testified that his knowledge of the MAS program comes from
17
AV003155
summer institute for professional development provided to MAS teachers by the District
2
in conjunction with the University of Arizona.

99.
Dr. Milem acknowledged that he had not reviewed all of the materials that were
submitted into evidence at the proceeding, had not reviewed all of the materials used in
4
MAS classes, and had not observed any MAS classes.

5
100.
The Administrative Law Judge finds that Dr. Milem's testimony is of extremely
limited value with respect to the issue of whether the MAS program violates A.R.S.
7
15-112(A), Dr. Milem's testimony focused mainly on ethnic studies generally and, to the
8
extent it involved the MAS program specifically, he had minimal knowledge of the MAS
9
curriculum or what is being taught in MAS classes.

10
Dr. Stotsky's Testimony

11
101.
Dr. Stotsky, who testified on behalf of the Department, established herself to be
12
an expert in K-12 standards and curriculum. She acknowledged that she is not an
13
expert in ethnic studies, critical race theory, or critical pedagogy.

14
15
16
17
18
19
20
21
22
23
24
25
26
102.
Dr. Stotsky opined that the materials presented in the hearing exhibits were not
academically beneficial because they did not attempt to develop critical thinking.
103.
Dr. Stotsky testified that, to her knowledge, critical race theory is not used in the
K -12 grade level classes.

104.
Dr. Stotsky reviewed Exhibit 5 and testified that she has never seen "barrio
pedagogy" used in the K- 12 grade level.

105.
In contrast to Dr. Milem's testimony, Dr. Stotsky testified that disequilibrium is not
used very much in the classroom setting, although she acknowledged that it has in the
past been used in science classes.
106.
Dr. Stotsky also testified that disequilibrium is a theoretical and clinical
psychology that refers to stages in the development of the thinking process but that
disequilibrium is not a curriculum theory.
107.
Dr. Stotsky further testified that from the materials she reviewed, including her
27
review of Dr. Milem's testimony, she could find no evidence to suggest that resolution of
28
disequilibrium would occur or that there is any benefit to non-Mexican American
29
students.
30
18
AV003156
108.
2
3
4
With respect to Freire's philosophy that is applied in the MAS program, Dr.
Stotsky explained that Freire dealt with illiterate adults in Brazil and did not focus on K12. She is unaware of any academic or empirical effectiveness of any program or
curriculum that has used Freire's pedagogical approach to K-12 education.
109.
Dr. Stotsky testified what was lacking in the MAS program was a balanced
approach, meaning one that offers more than one perspective or view (i.e., that it was
6
not biased). Dr. Stotsky opined that the MAS materials she reviewed identified Latinos
7
identified as the oppressed and "Whites" as the oppressor, and were designed to
8
arouse emotion in the Latinos.

9
110.
Dr. Stotsky testified that based on her review of the materials, she believes at
10
least some MAS classes violate A.R.S. 15-112 by promoting racial resentment, and
11
advocating ethnic solidarity instead of treating students as individuals. She further

12
testified that she believes that the MAS classes are designed for students of a particular
13
ethnic group.
14
Opinions of Other Witnesses

15
111.
16
17
18
19
20
21
22
23
24
25
District Board President Stegeman testified that based on his observations at the
high school MAS classes, the classes are primarily for Latinos, and he is concerned that
MAS classes promote racial resentment, and advocate ethnic solidarity instead of
treating students as individuals. District Board President Stegeman expressed his belief
that the MAS program should be terminated and rebuilt.
112.
District Board Member Hicks testified as to his belief that the MAS program
constitutes a form of "racial indoctrination," that the District is operating the MAS
program in violation of A.R.S. 15-112, and the program must come to an immediate
end. District Board Member Hicks, Day 1, (p.m.) at 109:5-11, 111 :5-20.
113.
District Superintendent Pedicone testified that the District's other board members
believe that the MAS classes do not violate A.R.S. 15-112.
26
114.
27
Menconi testified to having observed certain MAS classes and did not observe that the
28
classes violated A.R.S. 15-112.
29
115.
30
intellectualism," one of the pedagogical approaches used in the MAS program, does not
Both District Superintendent Pedicone and District Deputy Superintendent
MAS Director Arce testified regarding his belief that "critically compassionate
19
AV003157
promote ethnic solidarity and does not promote racial resentment. MAS Director Arce
2
3
4
further testified that the MAS classes do not promote resentment of Anglos by Latino
students, and that the MAS classes are designed to benefit all students, not just Latino
students.
Classroom Materials and Observations of Teachers
Elementary School
6
116.
Several lesson plans show that "barrio pedagogy" is being used at the
elementary school level. In particular, the opening slide of a PowerPoint presentation

8
entitled "Birth of the Mestizo." includes a poem describing Mexican American people as
9
a people "born from an act of rape" and "born to revolt." Exhibit 8(C) at DMYL TUSD
10
000848-000929.
11
117.
On the last page of the above-mentioned PowerPoint, one of the final slides
12
depicts two young, smiling children protesting at a TUSD Chicano Studies rally in June
13
2002, and can be viewed as encouraging political activism by young children. /d. The
14
evidence of record indicates that this PowerPoint is used in a lesson unit entitled
15
"Foundations of the Xicano Movement" which is suggested for students from grades 416
17
18
19
20
21
22
23
24
25
26
27
28
29
7. Ex. 8(B) at DMYL TUSD 001308.

118.
District Board President Stegeman and District Board Member Hicks testified
regarding their opinion that it was not age appropriate to use the PowerPoint in the
education of elementary school students.
119.
In an elementary lesson authored by current MAS elementary teacher Alzira dos
Santos Duncan entitled, "America Without Borders," (Ex. 8(A) at DMYL TUSD 000643000746), Ms. Duncan referenced "M]inute Men, immigration reforms, walk-outs and lots
of demonstrations in support of immigrants, reaffirming that they are not alone in their
struggle for freedom." /d. at DMYL TUSD 000646. Ms. Duncan expressed hope that
"with a little knowledge students will be able to comprehend some of the actions and
reactions of our people." /d. (emphasis added).
III
III
III
30
20
AV003158
120.
2
3
4
5
6
The "America without Borders" lesson unit concludes with a lesson instructing
students on "Aztlan." Ex. 8(A) at DMYL TUSD 000719. 7
In this lesson, the "objectives"
are to teach students to "locate on the U.S. map where the Aztecs used to live," to
"name the states that once belonged to Mexico," and to "define Aztlan." /d. The
"Focusing Question" students are asked to discuss during this lesson is "Who is the real
immigrant?" /d. Students are then shown a copy of the "1847 Disturnell Map." /d. at
DMYL TUSD 000721. The map is described as a representation of the "ancient
homeland of the Mexican people ... in what is today Arizona, near the Colorado River."
8
/d. at DMYL TUSD 000722.

9
121.
MAS teacher Jose Gonzalez's elementary lesson unit, which is entitled,
10
"Quetzalkoatl: Mi Cuate, Mi Otro Yo," purports to demonstrate that the "golden rule", i.e.
11
"treat others as you would like to be treated," is imbued with the same resentful and
12
"racismized" MAS philosophy that Latinos have been oppressed by the "White Race,"
13
and that Latinos have been dehumanized, and stripped of their humanity, culture and
14
15
language by white people. Ex. 8(0) at DMYL TUSD 001453-001517. In this MAS
lesson unit, Mr. Gonzalez elaborates on this rationale as follows:
16
My rational [sic] to expose children to these events are two

fold. The first is centered on the concept of ReHumanizing and the
process one endeavors to regain that humanity .... Secondly, as a
historian, what is frightening to me is that History does tend to repeat
itself. If we do not learn from our past mistakes, we are bound to repeat
those mistakes .... Are we as a country going back to "Americanization"
schools? We must teach our children the truth be it good or not.
17
18
19
20
21
/d. at DMYL TUSD 001455. (emphasis added)
22
23
24
25
122.
In Lesson 4 of the unit on "Assimilation, 1C classes, and Its Attack on Identity,"
students are asked to answer the focus question, "How has the United States treated
Mexican American Students?" /d. at DMYL TUSD 001465.
123.
At the conclusion of Lesson 4 is a "Teaching Points Cheat Sheet" to assist the
26
teacher in directing the students' discussion of the book "Te Recuerdo Tata Pina" that
27
students are required to read. In Mr. Gonzalez's "teaching points," he quotes an

28
29
30
Program Chief Stollar testified that Aztlan is the "birthright land of Mexican Americans that, from the
articles I read, was taken from them. And, therefore, is their land forever." Department Program Chief
Stollar, Day 1 (a.m.) at 57:14-18.
21
AV003159
excerpt from the book wherein a teacher, Miss Hernandez, yelled at a Mexican
2
American child for speaking Spanish "on school grounds." Ex. 8(0) at DMYL TUSD
001500. Mr. Gonzalez describes Ms. Hernandez as a "self hater," "unaware," and that
she "did not like who she was as a person." /d. In contrast, Mr. Gonzalez describes
"Marielita" -- the student who spoke Spanish in class -- as "strong" and "beautiful"
5
because she has embraced the "four sacred elements" and her "indigenous" identity:
6
124.
Teacher Elvick-Mejia testified that MAS teachers had students perform research
on the history of some of the leaders of the Chicano movement, which appeared to
8
come from a single page from one lesson, Exhibit 8(8) at DMYL TUSD 001338.
9
Teacher Elvick-Mejia also testified that her third grade students are given lessons about
10
the "four sacred elements" that refers to everyone's uniqueness, referenced in a portion
11
of Exhibit 80, Lesson 1. These were the only two parts of the lessons in Exhibit 8 that
12
Teacher Elvick-Mejia remembered being used in her classroom.

13
125.
Teacher Elvick-Mejia explained that she co-taught a lesson with MAS teacher
14
Norma Gonzales ("MAS Teacher Gonzales"), where students learned about and made
15
"codices" as a part of the elementary MAS curriculum to explore "their identity." Elvick16
17
18
19
20
Mejia, Day 3, (a.m.) at 157:5-158:2.

126.
MAS Teacher Gonzales presented the "codices lesson" that was described by
Teacher Elvick-Mejia as a model lesson at the 12th Annual Institute for Transformative
Education. Ex. 8 at DMYL TUSD 014866. In the "introduction," MAS Teacher
Gonzales explained the basis for her lesson on "codices" as follows:
21
This unit has been created to provide teachers and students with an
indigenous rooted process of attaining self-love centered on the
Tlamanalcayotl philosophy of life. The formation of this identity is crucial
particularly for Mexicans as we have been stripped of our cultural identity
through colonization.
22
23
24
25
26
27
28
29
30
/d. (emphasis added).

127.
Teacher Elvick-Mejia explained that in the above-mentioned lesson, students
could explore their identity, and that it is premised upon self-love. However, MAS
Teacher Gonzales' written description shows that the concepts of "identity" and "selflove" are tied to a "Chicano" identity.
22
AV003160
128.
2
3
4
5
6
Teacher Elvick-Mejia testified regarding her belief that the MAS lessons
presented in her classroom were designed to benefit all races and ethnicities and
strengthen the individual identities of the students.
Middle School
129.
MAS Director Arce described the middle school program as "Chicano studies
courses that are stand alone courses in the areas of-- currently in the areas of social
studies as elective courses, where the overview of Mexican American history, culture,
music, arts and these classes usually last a semester." MAS Director Arce, Day 2,
8
(p.m.) at 143:23- 144:3.

9
130.
MAS Director Arce testified that the MAS middle school classes emphasizes En
10
Lak'ech, a Mayan saying that can be referred to as the Golden Rule (i.e., treat others as
11
you would like to be treated). MAS Director Arce explained that this is a "self-regulating
12
statement or pedagogical tool that teachers use at the middle and high school levels so
13
that students can really focus on the task at hand." MAS Director Arce, Day 2, (p.m.) at
14
144:15-145:6.
15
131.
16
17
18
19
20
21
22
23
24
25
26
27
In a lesson entitled, "Language and Media as Tools of Empowerment," students
study work by hip hop artists such as "Aztlan Underground" that celebrates having seen
"through the lies of that Western culture." Ex. 9(A) at DMYL TUSD 001699 and
referenced at Ex. 9(D) at DMYL TUSD 001738.
132.
Another poem entitled, "Somos Mas Americanos," states: "I want to remind the
racist whites: I didn't cross the border. the border crossed me .... We are more
America the (sic) the sons of the Anglo-Saxons. . . . Even though it hurts our neighbor.
we are more American than all of the White people." Ex. 9(C) at DMYL TUSD 001853.
(emphasis added).
133.
The introduction to the "Building the Bridges Toward Solidarity" unit states that
the purpose of this lesson "highlights the connectedness and interconnectedness

amongst Black and Brown people." Ex. 9(D) at DMYL TUSD 001725-001798. The unit
also addresses the brutalities that the Black and Brown people have suffered by the
28
American justice system. See Ex. 9(E) at DMYL TUSD 002284.
29
134.
30
solidarity among black and brown people while the white people are excluded from the
23
The "Building the Bridges Toward Solidarity" unit appears to advocate ethnic
AV003161
"bridges toward solidarity" that the students are encouraged to build. See also Ex. 12 at
2
84, ( excerpt from MAS critical race theory textbook under Questions and Comments"Would it not be logical for blacks [sic], Latinos, Asians, and Native Americans to unite
in one powerful coalition to confront the power system that is oppressing them all?").
135.
According to District Deputy Superintendent Menconi, although some of the
middle school materials contain graphic photos, they present historical facts and
6
"there's no way to have a discussion about the history of our country without at some
7
point getting to those pictures" and if teachers do not introduce it, the students will and
8
"it's far more to our benefit as a classroom for [the teacher] to be in control of how that's
9
presented and how that's discussed." District Deputy Superintendent Menconi, Day 3,
10
(p.m.) at 96:49- 97:6.

11
136.
District Deputy Superintendent Menconi testified that teaching students about
12
acts of violence against Mexican Americans is "part of where we've been and who we
13
14
15
16
17
18
19
are" and is a critical part of history. District Deputy Superintendent Menconi, Day 3,
(p.m.) at 97:18- 98:3.
137.
Middle school lesson units that the District provided to the Department contain a
lesson drafted by Mr. Gonzalez entitled, "From Cortes to Bush: 500 Years of
Internalized Oppression Part 1." Ex. 9(F) at DMYL TUSD 005430. This Lesson is
suggested for both middle and high school students at grades 7-12 and includes the
following introduction:
20
21
22
23
24
25
26
27
28
In 1521, the Aztec's [sic] and the indigenous people of the Americas went
from being a people with human rights, to a people without any human
rights. 500 years later nothing has changed. Indigenous people and our
offspring have been dealing with a colonization process. which has
wreaked havoc on our lives. First by Spain in 1521, and then by the
United States in 1848 .... Five centuries of being at the bottom of the
social. political. and economic rung have devastated our humanity.
Mexican children being told by their parents to "stay out of the sun" for
fear of getting too dark, not "white" enough .... Our minds and souls and
have been damaged and now it is time to regain and re-affirm our
humanity.
Ex. 9(F) at DMYL TUSD 005431) (emphasis added).
29
30
24
AV003162
High School
American History/Mexican Perspective
138.
students at six high schools in the District including sixteen sections or classes as of
January 2011. Ex. A at 85[CAM 001740].
139.
American Vision, the District-adopted textbook that is used in all American History
classes throughout the District.
140.
The American History/Mexican American Perspectives classes are offered to
The American History/Mexican American Perspectives classes use The
District Deputy Superintendent Menconi estimates that The American Vision is
10
used for 50% of the instruction in these courses, and that supplemental materials are
11
used 50% of the time because The American Vision "is, like most history books, a
12
13
14
15
16
17
18
19
20
21
22
23
survey book" and supplemental materials have to be used. District Deputy

Superintendent Menconi, Day 3, (p.m.) at 80:11-25.
141.
Dr. Stotsky testified that the textbook utilized in the MAS American Government
class is one of the best textbooks available for teaching on the topic.
142.
The Department asserted that high school MAS classes have pervasive themes
of ethnic solidarity, racial resentment, and activism. The Department cited as an

example one MAS history lesson about the Great Depression that contains an
introduction that references the '"Mexican' scare now spreading across the United
States" and comments that "in hard times, such as the Great Depression, the
deportation of Mexicans was a justifiable policy rooted in the nation's interest." Exhibit
1O(E) at DMYL TUSD 005233.
143.
The above-mentioned lesson includes a statement that "Mexicans have been
historically viewed as outside of America's white founders, thus not part of the chosen
24
or entitled" and that racial prejudice against Mexicans "will only grow as the number of
25
Mexicans in the United States continues to approach the 102 million projected to be part
26
of America's population by 2050." /d. at DMYL TUSD 005233-005234.

27
144.
Of the six unit concepts of the above-mentioned lesson, some units discuss
28
blaming Mexicans for the Great Depression, connecting current anti-Mexican

29
sentiments with the anti-Mexican sentiments that existed during the Great Depression,
30
25
AV003163
the "Bisbee deportations as a demonstration of racist patterns," and "the need for
2
3
positive student agency." /d. at DMYL TUSD 005236; 005242,005243, and 005259.
145.
In another MAS history lesson authored by MAS Director Arce, entitled, "Panche
Be -Seeking the Root of the Truth," students taught that myths about the history of the
4
Mexicano/Chicano people have been used to justify the atrocities that have been and
5
continue to be committed against them. Ex. 1O(F) at DMYL TUSD 005360-005429.

6
Students are required to read an article titled, "The 'H' Word." /d. at DMYL TUSD
7
005408, which emphasizes the ethnic identity of "the Raza," notes that in all
8
government documents "Raza" are referred to as "Hispanics", and "(i]n the United
9
States, there are seemingly no more Mexicanos, Chicanos, or Centro Americanos or

10
Puertoriquenos, etc
only generic and seemingly ruthless Hispanics." Ex. 1O(F) at
11
DMYL TUSD 005408-005409. The article also states:

12
It is the descendants of these Plymouth Rockers who want to once again

Americanize those whom preceded them - Native Americans, Puerto
Ricans and Ia Chicanada - particularly those who use the X - because
they know its significance; indigenous. They do this because it is we who
remind them of their immigrant past and perhaps we also remind them
that despite their best efforts to annihilate our cultures, they remain alive
and vibrant.
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
/d. at 005410.
146. In another MAS history lesson on the Treaty of Guadalupe Hidalgo ("Treaty"),
students are taught that the Treaty should be used as a legal precedent to support
some form of restitution for the "descendents" of Mexicans. Ex. 10 (D) at DMYL
004859. The lesson also states that "Mexican treatment, particularly in relationship to
land disputes, at the hands of whites has also historically been marked by the use of
force, fraud and exploitation." /d. at 004859.
147.
In one student essay about the Treaty, a student wrote: "All the laws that have
been occurring here in Arizona such as SB 1070 not only makes us wonder what would
of happened if the U.S. would of [sic] never bought the states from Mexico, but makes
us realize that step by step they want to get rid of Mexicans like they did back then."
28
Ex. 15 at DMYL TUSD 009577.

29
30
26
AV003164
American Government/Social Justice Project8

2
3
4
148.
Seven sections of the MAS government class are offered to students at four high
schools within the District. Ex. A at 89-90 [CAM 001745-001746].

149.
"Themes" of this class, as described in the most current draft pacing guide,
include "Conscientization," "Freirean thought and practice," and "Razalogia." (Ex. 23 at

TUSD 36.) Students are also taught "critical race theory." ld at TUSD 37. Students are
taught that, with respect to the existence of inequalities, to look "beyond the magical
and na"fve stage" and "look at structural and systematic boundaries" to address social
8
injustices. Ex. 1O(J) at DMYL TUSD 006132.

9
150.
One MAS student's work describes her experience with the MAS program as
10
analogous to the popular movie, the "Matrix." According to this student, she "took the
11
pill .... Now we can't go back, but this is better because now we see the matrix. They
12
can't fool us." Ex. 5 at ADE 00954. MAS Director Arce/Dr. Romero explain that this
13
"Matrix" analogy is one that is used in MAS classes:
14
Our students came to understand that if they took the pill of critical
consciousness they, like Neo, who took the red pill, would be able to see
the world in the most critical or truest form. However, if they did not take
the pill of critical consciousness, they would remain in their narve or
magical realities.
15
16
17
18
/d.
19
151.
20
Social Transformation and Cultural Competency"authored by Dr. Romero, defines the
21
general term "racism" as a "doctrine of racial supremacy that advocates the superiority
22
of one race over all others. Within the United States of America's political, social,
23
educational and economic systems [sic]. White supremacy is most often advocated,
24
reproduced and perpetuated." Ex. 2(E) at TUSD 001320.
25
152.
26
language theory," positing that white, English-speaking individuals are protected by civil
27
rights statutes, but ethnic and racial minorities are not. Ex. 2(E) at TUSD 001322. The
28
same definition of inequality of language theory is also on a hand-out provided to MAS
29
teacher Curtis Acosta's class. See Ex. 20 at DMYL TUSD 000348.
30
Similarly, a social justice PowerPoint presentation entitled "Social Justice,
Dr. Romero's "social justice" presentation includes the definition of "inequality of
See infra mJ 181-185; Parent Stevenson's testimony regarding her daughter's MAS government class.
27
AV003165
153.
2
3
Dr. Romero's PowerPoint includes descriptions of the various theories utilized
in the social justice classroom. One reference cited by Dr. Romero is to Angela
Valenzuela's "subtractive schooling" theory:
Subtractive Schooling: Angela Valenzuela
The American dual strategy of condemnation and exclusion best defines

the Latinos experiences when they attempt to become members of the
educated population within the American system of racism. Historically
the Latino has been excluded from the education system or they have
been admit[ted] into what can be called "Americanization Camps,"
wherein they are raped of their culture and language. And after these
violations take place the Latino feels inferior and defenseless. Which
leads to the belief that education is not something that cannot [sic] be
theirs. The above mentioned has been conducted in an attempt to
control. perpetuate. and elevate the level of white supremacy within the
United States of America.
6
7
8
9
10
11
12
Ex. 2(E) at TUSD 001323 (emphasis added).
13
154.
14
class on March 4, 2011, and testified that "[t]here was political content, but it wasn't
15
ethnically based that I remember." District Board President Stegeman, Day 1, (p.m.) at
16
94:25-95:15.
17
155.
18
open on Mr. Gonzalez's computer in the classroom, stating the intent "[t]o expose the
19
facade put forth by educational institutions and society in order to maintain segregation
20
among students and citizens." /d. at 52:8-53:7. However, District Board President
21
Stegeman testified that the slide was not shown to the class.
22
156.
23
impression that Mr. Gonzalez's class was promoting resentment on the basis of race.
24
157.
25
class taught by Sally (Sara) Rusk and testified that he did not observe "any discussion
26
or curriculum that [he] believed promoted racial resentment." District Board Member
27
Hicks, Day 1, (p.m.) at 122:21-123:11.
28
158.
29
was student artwork that had a swastika instead of the star of the State that indicated
30
racism to him. District Board President Stegeman, Day 1,(p.m.) at 92:5- 93:4; See last
District Board President Stegeman observed Jose Gonzalez's MAS Government
District Board President Stegeman recorded the text of a PowerPoint slide
District Board President Stegeman testified that he did not take away any
District Board Member Hicks observed MAS social justice education projects
District Board President Stegeman testified that on a wall outside of a classroom
28
AV003166
page of Exhibit 20. According to Sara Rusk, an MAS teacher, the artwork referenced by
2
3
4
5
6
District Board President Stegeman was student work that was posted in the Spring
Semester of 2011. See Declaration of Sara Rusk, Exhibit 28.
Chicana/o Art
159.
The District did not produce to the Department a textbook list for the Chicana/o
Art classes it offers. District Deputy Superintendent Menconi testified that there was no
book list produced for the Chicana/o Art classes because those classes are studio art
classes and do not use a book.

8
Latino Literature 9
160.
Drafts of the Pacing Guides for the MAS junior and senior Latino Literature
10
courses demonstrate that elements of critical race theory and critical pedagogy
11
encompass a significant portion of the course.

12
161.
Proposed required reading for these classes include "Justice: A Question of
13
Race," by Roberto Rodriguez and "Mexican Whiteboy" by Matt de Ia Pena. Ex. 23 at

14
TUSD 28; 33.

15
16
17
18
19
20
21
22
23
162.
Juniors in Latino Literature appear to study "Our History-Indigenous Roots and
the Mexican Revolution Novels." /d. at TUSD 30.

163.
Senior Latino Literature students appear to devote an entire quarter of the
semester to "Critical Race Theatre," in which they are required to "critically dissect and
identify components of critical race theory through literary works." /d. at TUSD 32.
164.
Student assessments from these courses show that the focus of Latino Literature
is the oppression of Mexican Americans by the White European race.

165.
As an example, one second semester final exam for a Latino Literature course
used in the spring of 2011 tests students with the following essay prompt:
24
All year long we have read stories where the Mexican-Americans were
discriminated against, taken advantage of, oppressed, etc. We are
destined to repeat history if we don't do something to change it. Reflect
on what we have read about this year and in an essay, write about what
we can do as a group to change things? What will you do as an
individual to change things? Select one of the pieces we have read this
year that best reflects the point that you are trying to make in your essay.
25
26
27
28
29
9
30
See infra mJ175-180, Board President Stegeman's testimony regarding classroom observations of a
Latino Literature class.
29
AV003167
Ex. 14 at DMYL TUSD 007421 (emphasis added).

2
166.
middle school and high school level that "something that differentiates those classes is
the real comparative approach, looking at things from different groups, comparing
themes from a Latino author, with that of an African-American author, a Native
American or Anglo author, and having the students identify those universal themes
throughout literature." MAS Director Arce, Day 2, (p.m.) at 146:21-147:2.
167.
classes were included in the Department's summaries that support a finding of violation
MAS Director Arce testified with respect to the Latino Literature classes at the
The District asserted that none of the books utilized in the Latino Literature 7 or 8
10
of A.R.S. 15-112. Department Associate Superintendent Hrabluk testified that was
11
because none of them were submitted to the Department in response to the
12
Department's request.
13
168.
14
one book, A Message to Aztlan, was included in the Department's summaries. District
15
Superintendent Pedicone testified that he became aware that some constituents had
16
concerns that A Message to Aztlan contained inappropriate content. He further testified
17
that the District only has four copies of that book.
The District contended that of the 48 books listed for Latino Literature 5/6, only
Tucson High Magnet School
18
19
169.
Principal Morado testified that at Tucson High Magnet School, MAS classes
20
either begin or end with clapping along with the recitation of words. He does not believe
21
that this promotes ethnic solidarity or racial resentment.
22
170.
23
the only classes he is aware of at Tucson High Magnet School that has clapping
24
accompanied by the recitation of words.
25
171.
26
conduct unannounced classroom visits throughout the school year.
27
172.
28
spring of 2011. Principal Morado did not observe any evidence during the visits that the
29
classes were promoting racial resentment or teaching ethnic solidarity, instead of
30
treating students as individuals.
Principal Morado acknowledged that, other than athletics, the MAS classes are
In addition to formal evaluations, Principal Morado and the assistant principals
Principal Morado conducted at least two brief visits of MAS classes during the
30
AV003168
173.
2
3
4
Principal Morado testified that if an assistant principal had a concern based on an
evaluation that a teacher was promoting resentment or teaching ethnic solidarity instead
of treating students as individuals, Principal Morado would expect that concern to be
brought to his attention. None of the evaluators brought any such concerns to Principal
Morado's attention during the 2010-11 school year.
174.
In all of the years that Principal Morado has been visiting MAS classrooms, he
has never observed anything that would cause him any concern that the classes were
7
promoting racial resentment or promoting ethnic solidarity instead of treating students

8
as individuals.
9
175.
District Board President Stegeman attended a Latino Literature class conducted
10
by Curtis Acosta at the Tucson High Magnet School on March 23, 2011. He took notes
11
contemporaneously during his observations of the course and collected handouts

12
available in Mr. Acosta's classroom. Ex. 20 [District Board President Stegeman Notes]
13
at DMYL TUSD 000344.

14
15
16
17
18
19
20
21
22
176.
District Board President Stegeman testified that he observed Mr. Acosta and his
students began chanting and clapping in unison at the beginning of the class. In his
notes, District Board President Stegeman commented that along with their clapping and
chanting, the students recited a long, memorized speech that was "something like a
prayer." District Board President Stegeman, Day 1 (p.m.) at 55:13-56:11. District Board
President Stegeman noted that the students collectively chanted, "we must be willing to
act in a revolutionary spirit." ld at 56:6-9.
177.
After the chanting, and clapping, District Board President Stegeman observed
that Mr. Acosta engaged in a "hard sell" to encourage students to attend a Cesar
23
Chavez march the following Saturday. /d. at 78:14-79:79:1.
24
178.
25
pressured his students to engage in political activism by reminding them that "we are
26
still in the struggle." /d. at 60:21-61 :6; 77:25-78:6.
27
179.
28
cult," "pure political proselytizing," and "a political rally." Ex. 20 at DMYL TUSD 000344;
29
District Board President Stegeman, Day 1 (p.m.) at 77:18-78:13. District Board
30
President Stegeman noted with respect to the class that "[t]his is not critical thinking. It
District Board President Stegeman testified regarding his belief that Mr. Acosta
District Board President Stegeman described the Latino Literature class as "a
31
AV003169
does teach resentment." Ex. 20 at DMYL TUSD 000345; District Board President
2
3
4
Stegeman, Day 1 (p.m.) at 81:18-25.

180.
District Board President Stegeman also collected a copy of Mr. Acosta's class
handout for the day, which included a single sheet of paper containing a series of
definitions. Ex. 20 at DMYL TUSD 000348. The handout contained a definition of the
"Inequality of Language Theory" attributed to Richard Delgado. /d. Under this

6
definition, "equality" is defined by race and ethnicity-"lf you are white, English7
speaking, and your ancestors came from the right region of the world, all the equality
8
amendments and civil rights statutes apply to you. If you are of a different hue or origin
9
and/or prefer to speak a language other than English, you cannot insist on equal
10
treatment or equal protection of the law." /d.

11
Rincon High School

12
181.
Parent Stevenson testified about her daughter's experience in an MAS
13
government class at Rincon High School taught by MAS Teacher Mr. Gonzalez during
14
the 2009-2010 school year.

15
182.
Though the particular class predated the effective date of the statute, both
16
District Superintendent Pedicone and MAS Director Arce confirmed that MAS classes
17
18
19
20
21
22
23
24
25
26
27
28
29
were offered and conducted in the same manner in 2011 as they were in the previous
year.
183.
Parent Stevenson was excited that her daughter was planning to enroll in a Raza
studies class because she thought it would give her daughter a different perspective of
the different cultures in Arizona. Parent Stevenson expressed her support for ethnic
studies programs in the District.
184.
Parent Stevenson testified that her daughter reported to her that Mr. Gonzalez's
government class was being conducted in an extremely biased manner. The daughter
told her that the class presented "how the Anglo-Saxons had treated other people badly,
particularly Chicano people." Parent Stevenson, Day 2 (a.m.) at 152:2-152:4. Her
daughter (who is Caucasian) reported to her that "[b]y the end of the class, the other
students, most of the other students would not talk to her at all, except the students who
were not of Hispanic background, Mexican background." /d. at 152:20-23.
30
32
AV003170
185.
2
opined that her daughter's MAS class promoted racial resentment and ethnic solidarity.
Addressing Deficiencies Existing in the MAS Program
3
4
Based upon her daughter's experience as relayed to her, Parent Stevenson
186.
In his August 16, 2011 deposition, Superintendent Huppenthal, stated that in
order for the District to come into compliance, the District, among other things, would
need to develop a detailed curriculum, identify the class materials and textbooks that
would be used, and obtain input from the Tucson community. See Exhibit F, 88:19-89:4
187.
Deputy District Superintendent Menconi testified that the District is in the process
of rectifying the deficiencies that the auditors noted.

9
188.
District Deputy Superintendent Menconi is working towards identifying those
10
materials that are in use in MAS classes that have not been approved by the District's
11
governing board and intends to obtain board approval of such materials.

12
189.
District Deputy Superintendent Menconi is working with MAS Director Arce to
13
create Pacing Guides for the MAS American History course and the Junior and Senior
14
Latino Literature courses. District Deputy Superintendent Menconi is not satisfied with
15
the Pacing Guides, and they are undergoing further revisions.
16
17
18
19
20
21
22
23
24
25
CONCLUSIONS OF LAW
1.
In this proceeding, the Department bears the burden of proving by a
preponderance of the evidence that there is a violation of A.R.S. 15-112, and that
pursuant to A.R.S. 15-112(B), it is appropriate to withhold 10% of the monthly
apportionment of state aid until the District has come into compliance with the law. See
A.R.S. 41-1092.07(G)(3); Arizona Administrative Code R2-19-119(B}(1).
2.
A preponderance of the evidence is "such proof as convinces the trier of fact that
the contention is more probably true than not." Morris K. Udall, ARIZONA LAw OF
EVIDENCE 5 (1960). It is evidence which is of greater weight or more convincing than
the evidence which is offered in opposition to it; that is, evidence which as a whole
26
shows that the fact sought to be proved is more probable than not." BLACK's LAw
27
DICTIONARY 1182 (61h ed. 1990).
28
3.
29
course was in violation of A.R.S. 15-112. In contrast, the District asserted that the
30
Department must show that all of the MAS courses or classes violate the law.
The Department contended that it must show only that at least one MAS class or
33
AV003171
4.
2
3
The Administrative Law Judge concludes that A.R.S. 15-112(A) only requires a
finding of at least one class or course to be in violation of the law for A.R.S. 15-112(8)
to be applied.
5.
The Administrative Law Judge concludes that the testimony of the Department's
witnesses and in particular, that of Dr. Stotsky, is persuasive that one must look at the
5
curriculum, at the teacher's lesson plans, and the work product of students to obtain a
6
picture of what is being taught in the classroom. Although the Department did not
7
conduct observations of the MAS classes, the Department's witnesses credibly testified
8
that given the viewpoints expressed in certain excerpts from materials used in the MAS
9
program, some of which are cited in the above Findings of Fact, there is no way to use
10
the materials without being in violation of the law.

11
6.
The issue before this Tribunal is not whether the District's MAS curriculum is in
12
compliance with State standards, or whether these standards required an approved

13
written curriculum. However, the consequence of the District's failure to provide

14
appropriate oversight, and to have a written curriculum and approved textbooks,

15
16
17
18
19
20
21
22
23
24
25
26
27
contributed to the MAS program's lacking any direction other than the pedagogical
approach adopted by MAS Director Arce and other MAS teachers. Such pedagogical
approach exceeded what is permitted to be taught under A.R.S. 15-112.
7.
The examples from the MAS program cited in the above Findings of Fact, as well
as the weight of the testimony presented, establish that the MAS program has classes
or courses designed for Latinos as a group that promotes racial resentment against
"Whites," and advocates ethnic solidarity of Latinos.
8.
Although the District argued and presented evidence to show there are schools
and MAS classes that are not in violation of the law, such evidence does not prevail
over the Department's evidence that showed that the MAS program has at least one
class or course that is in violation of A.R.S. 15-112(A)(2), (3), and (4).
9.
The Department maintained that although historical oppression may be taught, it
may not be taught in such a manner as to promote racial resentment or advocate ethnic
28
solidarity. The District argued that historical oppression can be taught regardless of
29
whether it promotes racial resentment or advocates ethnic solidarity. See A.R.S. 15-
30
112(F).
34
AV003172
10.
2
3
4
The Administrative Law Judge concludes that A.R.S. 15-112(F) permits the
historical (objective) instruction of oppression that may, as a natural but unintended

consequence, result in racial resentment or ethnic solidarity. However, teaching
oppression objectively is quite different than actively presenting material in a biased,
political, and emotionally charged manner, which is what occurred in MAS classes.
Teaching in such a manner promotes social or political activism against the white
people, promotes racial resentment, and advocates ethnic solidarity, instead of treating
7
pupils as individuals.
8
11.
The District contended that the Superintendent Huppenthal's determination does
not comply with A.R.S. 15-112 in that it does not identify specific courses or classes
10
that violate A.R.S. 15-112, and does not provide sufficient information for the District
11
to cure the violations.

12
12.
Notices of violations must "[i]dentify with reasonable particularity the nature of
13
any alleged violation" and "the conduct or activity constituting the violation." A.R.S. 4114
15
16
17
18
19
20
21
22
23
24
25
1092.03(A)(2).
13.
Superintendent Huppenthal's determination provided his bases for finding the
violations and provided as an attachment a chart citing to specific materials.

14.
The Administrative Law Judge concludes that the Superintendent's June 15,
2011 determination provided sufficient notice to the District of the violations of A.R.S.
15-112.
15.
Testimony was elicited from the Department's witnesses as to whether certain
material was age appropriate. The Administrative Law Judge does not address whether
such material was age appropriate because the evidence did not show that the use of
such material in a classroom violates A.R.S. 15-112(A).
16.
While evidence was presented that the MAS program should be dismantled and
re-constructed from the ground up, A.R.S. 15-112 does not require that the
26
Superintendent or the Administrative Law Judge address how the District must come
27
into compliance with the law. What is required and has been addressed in this Decision
28
is whether the District violates A.R.S. 15-112(A)(2), (3), or (4).
29
17.
30
it has been applied by the Department. The crux of the District's argument is that there
The District contended that A.R.S. 15-112 is unconstitutional for vagueness as

35
AV003173
are no standards in the statute and, thus, the law may be enforced in an arbitrary or
2
discriminatory manner. The Department maintained that the statute is clear on its face
or as applied because it has standards that permit the historical teaching of oppression
and set forth with specificity acts that would be in violation of the law.
18.
The evidence of record showed that the only complaints made against an ethnic
studies program that the Department received are ones made regarding the MAS
6
program. Thus, there was no credible evidence that showed that A.R.S. 15-112 is
7
being enforced in an arbitrary or discriminatory manner.

8
19.
Although framed as being a constitutional challenge to the statute as applied, the
District's argument is really one that challenges the statute on its face in terms of
10
vagueness. A.R.S. 15-112 has not been shown to have been declared
11
unconstitutional by any court and the law must be given effect by this Tribunal.
12
20.
13
Based on the above, the Administrative Law Judge concludes that the
Department has sustained its burden of proving by a preponderance of the evidence
14
that as of January 1, 2011, and as of the hearing dates, the District's MAS program had
15
16
17
at least one or more classes or courses that were in violation of A.R.S. 15-112(A)(2)
(promoting racial resentment), (A)(3) (being designed primarily for one ethnic group),
and (A)(4) (advocating ethnic solidarity instead of treating pupils as individuals).
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22
ORDER
Superintendent Huppenthal's June 15, 2011 determination is affirmed, and on

the effective date of the Order entered in this matter, the Department shall withhold 10%
of the monthly apportionment of state aid until the District comes into compliance with
A.R.S. 15-112.
23
24
25
26
In the event of certification of the Administrative Law Judge Decision by the

Director of the Office of Administrative Hearings, the effective date of the Order will be 5
days from the date of that certification.
27
28
Done this day, December 27, 2011.
29
30
/s/ Lewis D. Kowal

Administrative Law Judge
36
AV003174
Transmitted electronically to:

2
3
John Huppenthal, Superintendent

Department of Education
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AV003175
EXHIBIT D
Case
4:10-cv-00623-AWT Document 356 Filed 09/26/16 Page 70 of 226
Case 4:10-cv-00623-AWT Document 162-10 Filed 02/27/12 Page 1 of 4
Exhibit J
Huppenthal Order Adopting
Kowal Administrative Law Decision
January 6, 2012
to
Plaintiffs' Statement of Facts in Support of
Plaintiffs' Response in Opposition to Defendant's Cross
Motion for Summary Judgment, Ct. Dkt. No. 151
And
Plaintiffs' Reply to Defendant's Response to
Plaintiffs' Motion for Summary Judgment, Ct. Dkt. No. 150
OEPOSmON
EXHIBIT
~ /..a1 dvpedfh
'Z.- 10 '"1

BURCH & CRACCIDOLO, P.A

2
3
702 East Osborn, Suite 200

P.O. Box 16882
Phoenix, Arizona 85011-6882
(602) 274-7611
Bryan Murphy (006414)

bmurph yw),bcattornevs. com
S Melissa G. lyer (024844)
miyer@bcattorneys.com
Attorneys for Defendant John Huppenthal, Superintendent

7 ofPublic Instruction of the State of Arizona
8
IN THE OFFICE OF ADMINISTRATIVE HEARINGS

n the Matter of the Hearing
pf an Appeal by:
No. llF-002-ADE
10
tfucsoo Unified School District No. 1
I1
ORDER ACCEPTING
RECOMMENDED DECISION
12
13
14
15
Pursuant to Arizona Revised Statute ("A.R.S:") 41-1092.08(B). having
16
received and reviewed the Honorable Lewis J. Kowal's recommended decision in this
17
matter (a copy of which is attached hereto as Exhibit A), John Ruppenthal.
18
Superintendent of Public Instruction for the State of Arizona, hereby accepts the
19
20
21
recommended decision as written without modification.

IT IS HEREBY ORDERED that, as set forth in the attached recommended
22
decision, the Superintendent's June 15,2011 notice ofviolation is affirmed. The
23
Tucson Unified School District (the "District") has been operating its Mexican
24
American Studies program in violation of A.R.S. 15-112(A)(2), (3), and (4) since
l
25
26

case 4:10-cv-00623-AWT Document 162-10 Filed 02/27/12 Page 3 of 4
Ju~e
15, 2011 and failed to bring the program into compliance within 60 days from the
2 date of that notice (on or before August 15, 2011 ).

3
4
5
6
Accordingly, pursuant to 15-112(B), the Superintendent hereby instructs the

Arizona Department ofEducation (the "Department") to withhold ten percent of the
monthly apportionment of state aid that would otherwise be due to the District
effective from August 15,2011 through the present, and until such time as this
8
_
9
violation of A.R.S. 15-112 is corrected. The Department shall adjust the District's
apportionment accordingly.
~
10
Ordered this day ofJanuary, 2012.
ilL
rfr2?
~en
11
By:
12
13
Superintendent of Public Instruction of

the State of Arizona
14
15
COPY ofthe foregoing filed
16
this _th day of January, 2012, with:
17
Office of Administrative Hearings

1400 West Washington, Suite 101
IS
19
20
With a copy of the foregoing
21
emailed through OAH Electronic

Motion Submission System this _ th
22
23
day of January, 2012 to:

Heather K. Gaines, Esq.
Lisa Ann Smith, Esq.
24 DECONCINI MCDONALD YETWIN & LACY

2525 E. Broadway Blvd. - #200
25 Tucson, AZ 85716
hgaines@dmyl.com
26 lasmith@dmyl.com
2

Attorneys for Tucson Unified School District No. 1

2
5
6
7
8
9
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3
EXHIBIT E
AFFIDAVIT OF MARY ALICE WALLACE

STATE OF ARIZONA
County of Pima
)
)
)
)
)
ss.
I, Mary Alice Wallace, under penalty of perjury, state the following:
1.
I am the Director of Staff Services to the Governing Board of Tucson Unified
School District (TUSD). I have served in this capacity since June 2006.
2.
As the Director of Staff Services, I assure that Governing Board agendas and
meeting notices are "posted at least 24 hours prior to the meeting ... as described in A.R.S. 38431.02 .... "The notices are "posted in English and in Spanish on the TUSD website and in the
posting cabinet at the front door of the TUSD administrative office .... " TUSD Governing Board
Policy BEDB, Board Meeting Agenda Posting and Organization, Exhibit A
3.
I am responsible for accurate minutes of all TUSD Governing Board meetings
pursuant to A.R.S. 38-43l.Ol(B)-(C). In my position I collaborate with Information

Technologies to provide audio and video recordings of public board meetings.
4.
I am responsible for supervising all Board Staff support services provided at
Governing Board meetings and for supervising the preparation of all Board Minutes for final
Board approval and online posting pursuant to A.R.S. 38-431.01 (D)-(E).
5.
Having attended (or reviewed the recorded proceedings) of all Governing Board
meetings during my tenure as Director of Staff Services, I can attest to the fact that the TUSD
Governing Board complies with Open Meeting law by restricting meeting discussions to only
those "matters listed on the agenda and other matters related thereto" as monitored by Legal
Counsel (A.R.S. 38-431.02(H)).

6.
All Governing Board records are under my custody and control. I am responsible
for assuring that all Governing Board agendas, meeting materials, and minutes are secured and
maintained in keeping with the requirements of the Arizona State Librarian retention schedules
referenced in A.R.S. 41-151.12. In this capacity I respond to subpoenas and public records
requests related to Board documents on behalf of the Governing Board and routinely attest to the
accuracy and completeness of the records provided.
7.
Attached as Exhibit B is a true and correct copy of the agenda and minutes for the
TUSD Special Governing Board meeting that occurred on March 30, 2004.
8.
Attached as Exhibit Cis a true and correct copy of the agenda and minutes for the
TUSD Special Governing Board meeting that occurred on December 30, 2010.
9.
Attached as Exhibit D is a true and correct copy of the Resolution to Implement
Ethnic Studies in Tucson Unified School District in Accordance with All Applicable Laws, that
was approved and signed at the TUSD Special Governing Board meeting that occurred on
December 30,2010.
10.
Attached as Exhibit Eisa true and correct copy of the agenda and minutes for the
TUSD Regular Governing Board meeting that occurred on January 10,2012. A resolution
regarding Mexican American Studies is attached to the minutes of this board meeting. The
resolution was adopted by the TUSD governing board by a vote of 4-1. The resolution was not
presented to the board for signatures; therefore there is no signed copy.
11.
Attached as Exhibit F is a true and correct copy of the agenda and minutes for the
TUSD Special Governing Board meeting that occurred on January 10,2012.

12.
Attached as Exhibit G is a true and correct copy of the agenda, the agenda with
notes, and minutes for the TUSD Regular Governing Board meeting that occurred on October
22,2013.
5101918

13.
Attached as Exhibit His a true and correct copy of the cover sheet and TUSD
Supplemental Material Approval Form for 500 Years ofChicano History, by Elizabeth Martinez;
Occupied America: A History of Chicanos, by Rodolfo Acuna; Message to Aztlan, by Rodolfo

Gonzales; Chicano! The History of the Mexican Civil Rights Movement, by Arturo Rosales;
Rethinking Columbus: The Next 500 Years, by Bill Bigelow; Critical Race Theory, by Richard
Delgado; and Pedagogy of the Oppressed, by Paulo Freire; which were all approved at the TUSD
Regular Governing Board meeting that occurred on October 22, 2013.
SUBSCRIBED AND SWORN TO before me this 2. (., day of
/VI"'- y 2. 0
I (u
2016, by Mary Alice Wallace.
--JV1 '-'~ JVI .9jM cu_
Notary Public
My Commission Expires:
o 1- 2.<-f- Z..olo
MICHELLEM. GARCIA
NOTARY PUBUC ARIZONA
PIMA COUNTY
My Commlsslori Expires
January 24, 2020
5!01918
EXHIBIT E
(To Affidavit of Mary Alice Wallace)

GOVERNING BOARD
DRAFT AGENDA FOR REGULAR BOARD MEETING*
TIME: January 10, 2012

7:00 p.m.
PLACE:
Board Room
Morrow Education Center
1010 E. Tenth Street
Tucson, Arizona 85719
7:00 p.m. 1
PLEDGE OF ALLEGIANCE
7:05 p.m.
SUPERINTENDENTS REPORT
7:10 p.m.
BOARD MEMBER ACTIVITY REPORTS
7:15 p.m.
CALL TO THE AUDIENCE (Pursuant to Governing Board Policy No. BDAA, at the
conclusion of the Call to the Audience, the Governing Board President will ask if individual
members wish to respond to criticism made by those who have addressed the Board, wish to ask
staff to review a matter, or wish to ask that a matter be put on a future agenda. No more than
one board member may address each criticism.)
INFORMATION ITEM
8:00 p.m.
1.
School Community Partnership Council (SCPC) Report
STUDY/ACTION ITEM
8:05 p.m.
2.
2012-2013 Tucson Unified School District School Calendar
CONSENT AGENDA**
8:25 p.m.
3.a)
Salaried New Hires
b)
Hourly New Hires
c)
New Hires for Food Services Department
d)
Salary Separations
e)
Hourly Separations
f)
Separations for Food Services Department
g)
Requests for Leave of Absence for Administrators
h)
Requests for Leave of Absence for Certified Personnel
i)
Requests for Leave of Absence for Classified Personnel
j)
Requests for Leave of Absence for Food Services Department

TUSD-ARCE 0001

Regular Board Meeting
January 10, 2012 7:00 p.m.
Page 2
k)
Recommendation for Denial of a Leave of Absence for Certified

Personnel
l)
Recommendation for Denial of a Leave of Absence for Classified

Personnel
m) Statement of Assurance for Teacher Evaluation System Status Fiscal

Year 2012-2013
n)
Adoption of 2011-2012 High School Supplemental Materials
o)
Approval of Heinemanns Fountas and Pinnell Supplemental Materials

for Reading Intervention
p)
Approval of Supplemental Materials and Textbooks for K-8/Middle

Schools
q)
Approval of CATCH (Coordinated Approach to Child Health)

Supplemental Health and Wellness Resources and Materials for K-8)
r)
Common Core Standards Appendix B Text Exemplars K-12
s) Funding Proposal: Arizona Department of Education State Tutoring

Fund Grant Award for Some AIMS High Schools and
Underperformance/D Schools for Spring 2012 (January-April, 2012)
[Mary Meredith K-12; Pueblo, Tucson, Catalina, Cholla, and Howenstine
Magnet High School; Rincon, Sabino, Sahuaro, and Santa Rita High
School; Teenage Parent Program (TAPP); Agave Distance Learning;
Fort Lowell/Townsend K-8 and Safford K8 School; Mansfeld and
Wakefield Middle School; Dietz, Oyama and Johnson Elementary School]
t) Grant of an Electrical Right-of-Way Easement to Trico Electric Power
Company for Vesey Elementary School, with Authority for the Planning
Services Program Manager to Execute the Easement
u) Authorization for Planning Services Program Manager to Execute the
Agreement between Mr. Maher and Tucson Unified School District for the
Sale of 0.2 acres at Howenstine Magnet High School as discussed in
executive session on December 13, 2011
ACTION ITEMS
8:30 p.m.
4.
Proclamation of National School Counseling Week in Tucson Unified

School District (TUSD), February 6-10, 2012
8:35 p.m.
5.
Administrative appointments, reassignments and transfers Assistant

Superintendent, High Schools
TUSD-ARCE 0002
Regular Board Meeting

January 10, 2012 7:00 p.m.
Page 3
8:40 p.m.
6.
Appointment of Board Members to the Board Subcommittee on Policies
STUDY/ACTION ITEM
8:45 p.m.
7.
Superintendent of Public Instruction John Huppenthals Final Ruling

Regarding Tucson Unified School Districts Mexican American Studies
Program Consider Alternatives and Direct Attorneys Representing
Tucson Unified School District and the Superintendent
10:00 p.m.
FUTURE AGENDA ITEMS
ADJOURNMENT
1
The time listed for consideration of each item is approximate only.

*One or more Governing Board members will/may participate by telephonic or video communications.
**Names and details, including available support documents, may be obtained during regular business hours at the TUSD Governing Board
Office.
x Persons with a disability may request a reasonable accommodation, such as a sign language interpreter, by contacting Mary Alice Wallace at
225-6070. Requests should be made as early as possible to arrange the accommodation.
x If authorized by a majority vote of the members of the Governing Board, any matter on he open meeting agenda may be discussed in executive session for the
purpose of obtaining legal advice thereon, pursuant to A.R.S. 38-431.03 (A)(3). The executive session will be held immediately after the vote and will not be open
to the public.
TUSD-ARCE 0003

Governing Board Regular Meeting
Board Room, Morrow Education Center
1010 East Tenth Street
January 10, 2012
6:30 p.m.
MINUTES
Present:
Mark Stegeman, President
Michael Hicks, Clerk
Miguel Cuevas, Member
Adelita S. Grijalva, Member
Alexandre Borges Sugiyama, Ph.D., Member
Also Present:
John Pedicone, Ph.D., Superintendent
Maria Menconi, Ed.D., Deputy Superintendent (Interim)
Yousef Awwad, Chief Financial Officer
Pamela Palmo, Interim Chief Human Resources Officer
John Gay, Chief Information Officer
Candy Egbert, Chief Operations Officer
Martha Durkin, Lead Legal Counsel
Nancy Woll, Legal Counsel
Maggie Shafer, Assistant Superintendent, Elementary School Leadership
Jim Fish, Assistant Superintendent, Middle School Leadership
Richard Gastellum, Interim Assistant Superintendent, High School Leadership
Lupita Garcia, Ph.D., Assistant Superintendent, Government Programs & Community Outreach
David Scott, Director, Accountability and Research
Augustine Romero, Director, Student Equity
Jimmy Hart, Director, African American Studies
Sean Arce, Director, Mexican American/Raza Studies
Cara Rene, Director, Communications and Staff
Jeffrey Coleman, Director, School Safety and Staff
Dan Erickson, Principal, Magee Middle School
Holly Colonna, Director, Guidance Counseling and Student Prevention Programs
Maria Luna, Director, Risk Management
Norma Galindo, Manager, Instructional LAN Support
Mary Alice Wallace, Director of Staff Services to the Governing Board
Sylvia Lovegreen, Senior Staff Assistant II to the Governing Board
Frances Banales, President, Tucson Education Association
Alexis Huicochea, Arizona Daily Star
TV Channels 4, 9, 11, 13
ITEM
ACTION
REGULAR MEETING CALLED TO ORDER 7:32 p.m.
No action required.
Governing Board Regular Meeting Minutes

January 10, 2012 6:30 p.m.
Page 1 of 8
TUSD-ARCE 0005

ITEM
ACTION
Michael Hicks led the Pledge of Allegiance.
No action required.
Mark Stegeman announced that there would be no SCPC Report

for this evenings meeting.
No action required.
John Pedicone briefly reported on the Korean student exchange
involving three TUSD schools, i.e., Townsend, Safford and
Sabino; and provided an update on the progress for EEI (Essential
Elements of Instruction) training for district staff.
No action required.
No reports were presented.

CALL TO THE AUDIENCE
No action required.
Mark Stegeman reminded the audience of the rules of decorum

and the procedures for public participation at board meetings.
The following are names of individuals who spoke and the subject
of their comments:
Nolan Cabrera Judges ruling on Mexican American Studies;
Nicholas Dominguez Support for Mexican American Studies;
Dr. Roberto Rodriguez Future of Mexican American Studies;
Salomn Baldenegro Mexican American Studies;
Cecilia Cruz Mexican American Studies;
Anna Rivera Mexican American Studies;
Kathy Nakagawa Ethnic Studies;
Sylvia Campoy Desegregation orders Mexican American
Studies;
Isabel Garcia Mexican American Studies;
Mayra Feliciano Ethnic Studies;
Elisa Meza Mexican American Studies;
Anita Fernandez Mexican American Studies;
Luis Garcia Ethnic Studies.
Individuals whose names were called but were not present: Sal
Baldenegro, Jr.
Mark Stegeman commented that since Call to the Audience has
reached the 45 minute time limit, it would be concluded at this time
but will resume for 15 additional minutes just prior to Agenda Item
No. 7. Adelita Grijalva and Michael Hicks also commented.
January 10, 2012 6:30 p.m.
Page 2 of 8
TUSD-ARCE 0006

ITEM
ACTION
INFORMATION ITEM
1.
Not addressed.
There was no report presented.

STUDY/ACTION ITEM
2.
2012-2013 Tucson Unified School District School Calendar
Studied only.
No action taken.
John Pedicone, Lupita Garcia and Dan Erickson presented

information on two possible calendars, i.e., calendars A and B. Dr.
Pedicone, Dr. Garcia and Mr. Erickson responded to comments
and questions from Adelita Grijalva, Miguel Cuevas, Mark
Stegeman, and Michael Hicks. As a result of discussion,
information will be solicited from parents and the community and
brought back for action on the calendar.
CONSENT AGENDA
3.
a)
b)
c)
d)
e)
f)
g)
h)
i)
j)
k)
l)
m)
n)
o)
p)
Salaried new hires

Hourly new hires
New hires for Food Services Department
Salary separations
Hourly separations
Separations for Food Services Department
Requests for leave of absence for administrators
Requests for leave of absence for certified personnel
Requests for leave of absence for classified
personnel
Requests for leave of absence for Food Services
Department
Recommendation for denial of a leave of absence
for certified personnel
Recommendation for denial of a leave of absence for
classified personnel
Statement of Assurance for Teacher Evaluation
System Status Fiscal Year 2012-2013
Adoption of 2011-2012 High School Supplemental
Materials
Approval of Heinemanns Fountas and Pinnell
Supplemental Materials for Reading Intervention
Approval of Supplemental Materials and Textbooks
for K-8/Middle Schools
Michael Hicks
moved approval;
Adelita Grijalva
seconded.
Approved
unanimously.

January 10, 2012 6:30 p.m.
Page 3 of 8
TUSD-ARCE 0007

ITEM
ACTION
CONSENT AGENDA (continued)

3.
q)
r)
s)
t)
u)
Approval of CATCH (Coordinated Approach to Child

Health) Supplemental Health and Wellness
Resources and Materials for K-8
Common Core Standards Appendix B Text
Exemplars K-12
Funding Proposal: Arizona Department of Education
State Tutoring Fund Grant Award for Some AIMS
High Schools, and Underperformance/D Schools for
Spring 2012 (January-April 2012) [Mary Meredith K12; Pueblo, Tucson, Catalina, Cholla, and
Howenstine Magnet High Schools; Rincon, Sabino,
Sahuaro, and Santa Rita High Schools; Teenage
Parent Program (TAPP); Agave Distance Learning;
Fort Lowell/Townsend K-8 and Safford K-8 School;
Mansfeld and Wakefield Middle Schools; Dietz,
Oyama and Johnson Elementary Schools]
Grant of an Electrical Right-of-Way Easement to
Trico Electric Power Company for Vesey Elementary
School, with authority for the Planning Services
Program Manager to Execute the Easement
Authorization for Planning Services Program
Manager to Execute the Agreement between Mr.
Maher and Tucson Unified School District for the
Sale of .02 acres at Howenstine Magnet High School
as discussed in executive session on December 13,
2011
ACTION ITEMS
4.
Proclamation of National School Counseling Week in

Tucson Unified School District (TUSD), February 6-10,
2012
John Pedicone introduced this item. Adelita Grijalva read the

Proclamation in the form of a motion. Michael Hicks and Mark
Stegeman commented.
5.
Administrative appointments, reassignments and transfers

Assistant Superintendent, High Schools
John Pedicone recommended Dr. Abel Morado and responded to

comments by Adelita Grijalva.
Adelita Grijalva
moved approval;
Miguel Cuevas
seconded.
Approved
unanimously.
Michael Hicks
moved approval;
Miguel Cuevas
seconded.
Approved
unanimously.

January 10, 2012 6:30 p.m.
Page 4 of 8
TUSD-ARCE 0008

ITEM
ACTION
ACTION ITEMS (continued)

6.
Appointment of Board Members to the Board Subcommittee Adelita Grijalva

on Policies
moved approval;
Michael Hicks
In her motion, Adelita Grijalva moved that Miguel Cuevas serve as seconded.
Committee Chair and Alexandre Sugiyama serve as a member of
Approved
the Board Subcommittee on Policies. Mark Stegeman, Miguel
unanimously.
Cuevas and Michael Hicks commented.
RECESSED BOARD MEETING 8:50 p.m.
RECONVENED BOARD MEETING 9:00 p.m.
Mark Stegeman reminded everyone that at this time, an additional
15 minutes would be added to the Call to the Audience for
comments related to the Mexican American Studies agenda item
(No. 7).
CALL TO THE AUDIENCE (continued)
The following are names of individuals who spoke and the subject
of their comments:
Adam Martinez Ethnic Studies;
Maria de la Luz Garcia Support for Ethnic Studies;
Matt Heinz Huppenthal decision related to TUSDs Mexican
American Studies program;
Betts Putnam-Hidalgo Ethnic Studies/local control;
Sally Gonzales Mexican American Studies.
Individuals whose names were called but were not present:
Jonathan Salvatierra
STUDY/ACTION ITEMS
7.
Superintendent of Public Instruction John Huppenthals

Final Ruling Regarding Tucson Unified School Districts
Mexican American Studies Program Consider
Alternatives and Direct Attorneys Representing Tucson
Unified School District and the Superintendent
Following introductory comments by Mark Stegeman, John

Pedicone provided an overview of the alternatives for the Boards
consideration based on the ruling by the Administrative Law Judge
(ALJ) and upheld by State Superintendent of Public Instruction
John Huppenthal.
January 10, 2012 6:30 p.m.
Page 5 of 8
TUSD-ARCE 0009

ITEM
ACTION
STUDY/ACTION ITEMS (continued)

7.

Unified School District and the Superintendent (cont.)
Adelita Grijalva and Miguel Cuevas expressed their individual

views and the rationale behind them on the direction the Board
should take.
Because of the strong and differing views of those present, and
after encouraging everyone in the audience to be respectful of
every speaker, Mark Stegeman called for a recess of the meeting.
He mentioned that this would also be an opportunity for those
wanting to exit the meeting to do so.
RECESSED BOARD MEETING 9:35 p.m.
RECONVENED BOARD MEETING 9:37 p.m.
STUDY/ACTION ITEMS (continued)
7.

Unified School District and the Superintendent (cont.)
Alexandre Sugiyama commented on his desire to see Ethnic

Studies strong and vibrant with an approved curriculum that
people can have confidence in.
Prior to explaining his position, Mark Stegeman provided
background information on the Mexican American Studies
curriculum and subsequent events related to the provisions of
Statute 2281 and the ruling by the ALJ.
Michael Hicks read

a resolution in the
form of a motion to
suspend all
Mexican-American
Studies (MAS)
courses, etc.;
Alexandre
Sugiyama
seconded.
Approved 4-1.
Adelita Grijalva
voted no.
A copy of the
Resolution is
attached and
made part of these
Minutes.
FUTURE AGENDA ITEMS

Board members made no comments about future agenda items.
January 10, 2012 6:30 p.m.
Page 6 of 8
TUSD-ARCE 0010

REGULAR MEETING ADJOURNED 9:47 p.m.
Approved this
12th
day of
June
, 2012.
TUCSON UNIFIED SCHOOL DISTRICT NO. ONE
By
Michael Hicks, Clerk
Governing Board
ATTACHMENT
ba
Minutes\01-10-12Regular

January 10, 2012 6:30 p.m.
Page 7 of 8
TUSD-ARCE 0011

Reference Agenda Item No. 7
The Governing Board of the Tucson Unified School District hereby resolves:
The Mexican-American Studies (MAS) Department is and shall remain an
organizational contributor to TUSDs commitment to greater academic and social
equity for Hispanic Students.
All MAS courses and teaching activities, regardless of the budget line from which
they are funded, shall be suspended immediately.
Students currently enrolled in MAS courses shall be transferred to new or existing
sections of other courses, so that they do not lose the opportunity to earn credits
and to satisfy requirements because of the suspension of the MAS courses.
The MAS department shall not hire, supervise, or evaluate classroom teachers.
The district shall revise its social studies core curriculum to increase its coverage
of Mexican-American history and culture, including a balanced presentation of
diverse viewpoints on controversial issues. The end result shall be a single
common social studies core sequence through which all high school students are
exposed to diverse viewpoints.
The district shall study and bring to the board new measures designed to narrow
the achievement gaps for traditionally underserved and economically
disadvantaged students.
Staff will present a plan to the Board for implementation of this resolution by
August 2012. Staff shall also update the board regularly on the progress of these
initiatives and on steps taken to ensure compliance with Arizona statutes and
district policy concerning curriculum.
Implementation of this resolution shall be consistent with guidance received from
the federal court concerning the districts desegregation cases.

January 10, 2012 6:30 p.m.
Page 8 of 8
TUSD-ARCE 0012
EXHIBIT G

GOVERNING BOARD
DRAFT AGENDA FOR REGULAR BOARD MEETING*
TIME: October 22, 2013

5:00 p.m.
PLACE:
Board Room
CALL TO ORDER
ACTION ITEM
5:00 p.m.
1.
Schedule an executive meeting at this time to consider the following

matters:
A.
Legal Advice/Instruction to Attorney pursuant to A.R.S. 38-431.03

(A)(3) and (A)(4)
1) Culturally Relevant Course Curriculum
B.
Personnel issues pursuant to A.R.S. 38-431.03 (A)(1); legal

advice/instruction to attorney pursuant to A.R.S. 38-431.03 (A)(3)
and (A)(4)
1) Administrative appointments, reassignments and transfers
2) Personnel Matters
C.
Discussions or consultations with designated representatives of

the public body in order to consider its position and instruct its
representatives regarding negotiations for the purchase, sale or
lease of real property pursuant to A.R.S. 38-431.03 Subsection
(A)(7)
1) Menlo Park
2) Wrightstown
RECESS REGULAR MEETING

RECONVENE REGULAR MEETING appx. 6:30 p.m.
6:30 p.m.
Board Room
Morrow Ed Center
INFORMATION ITEM
2.
Superintendents Student Advisory Council (SSAC) Report

Agenda for Regular Board Meeting
October 22, 2013 5:00 p.m.
Page 2
STUDY ITEM
3.
Presentation of the Annual Bond (BFOC) Report of the Tucson Unified

School District
INFORMATION ITEMS
4.
5.
Presentation of Budget Status and Update on FY 2014 Budget
6.
Update on Marketing Plan
CONSENT AGENDA**
7. a) Salaried Critical Need and Replacement Hires
b) Hourly Critical Need and Replacement Hires
c) Salaried Separations
d) Hourly Separations
e) Requests for Leave of Absence for Certified Personnel
f) Requests for Leave of Absence for Classified Personnel
g) Adoption of 2013-2014 Middle and High School Supplemental Materials
GeoGebra
h) Adoption of 2013-2014 High School Supplementary Materials Envision in
Depth
i) Adoption of 2013-2014 High School Supplementary Materials AP
Spanish Language and Culture Exam Preparation
j) Intergovernmental Agreement Between the Arizona Department of
Education and Tucson Unified School District for Food Program
Permanent Service Agreement, with Authorization for the Director of Food
Services to Execute the Agreement

October 22, 2013 5:00 p.m.
Page 3
k)
Addendum II to Easement Agreement with Verizon Wireless at Catalina

Magnet High School, with Authorization for the Planning Services Program
Manager to Execute the Agreement
l)
Easement Agreement with Tucson Electric Power Company (TEP) for

installation of an electrical transformer and easement to provide service at
Pueblo Gardens K-8 School, with Authorization for the GIS and Planning
Program Manager to Execute the Agreement
m) Clinical Affiliation Agreement between Tucson Unified School District and

A.T. Still University Arizona School of Health Sciences to
allow University students within the Athletic Training, Audiology,
Occupational Therapy, Physician Assistant and Physical Therapy
programs to participate in clinical experiences within TUSD Schools for five
years from the date of execution
n)
Affiliation Agreement between Tucson Unified School District and Arizona

Board of Regents, Arizona Health Sciences Center, for coordinated clinical
educational programs, effective July 1, 2013 through June 30, 2014
o)
Minutes of Tucson Unified School District Governing Board Meetings

1) Special Board Meeting, December 10, 2012 (Public Hearing)
2) Regular Board Meeting, December 11, 2012
3) Regular Board Meeting, March 12, 2013
4) Special Board Meeting, April 16, 2013
5) Special Board Meeting, June 12, 2013
7) Special Board Meeting, June 27, 2013; reconvened June 28, 2013
p)
Ratification of salary and non-salary vouchers for the period beginning

September 1, 2013 and Ending September 30, 2013
q)
Request for Approval to Use Cooperative Purchasing Contract 09A-WPTI0416 that may exceed $250,000 in Fiscal 2014
r)
Approval of Superintendents Designee for Internal Investigation Office of

Civil Rights (OCR) Case Number 08-12-1080
s)
Approval of Middle School Supplemental Materials 500 Years of Chicano

History
t)
Approval of HS Supplemental Materials Occupied America: A History of

Chicanos
u)
Approval of HS Supplemental Materials Message to Aztln
v)
Approval of HS Supplemental Materials Chicano! The History of the

Mexican Civil Rights Movement

October 22, 2013 5:00 p.m.
Page 4
w) Approval of HS Supplemental Materials Rethinking Columbus: The Next
500 Years
x)
Approval of HS Supplemental Materials Critical Race Theory
y)
Approval of HS Supplemental Materials Pedagogy of the Oppressed
ACTION ITEMS
8.
Administrative appointments, reassignments and transfers Principal,

Santa Rita High School
9.
Approval of Adoption #14-13: K-12 Online Curriculum
10.
Award of Request for Proposals (RFP) #14-48-16 District Efficiency

Audit
11.
12.
Award of Request for Proposals (RFP) #14-53-16 District Curriculum

Audit
Magnet Plan in Accordance with the Unitary Status Plan
STUDY/ACTION ITEM
13.
University High School Admissions in Accordance with the Unitary Status

Plan
GOVERNING BOARD POLICIES

Study/Action
14.
Governing Board Policy GBEB Staff Conduct (revision)
15.
Governing Board Policy GBEBE Use of Physical Force (elimination)
16.
Governing Board Policy GBEBD Reporting Suspected Crimes

(elimination)
17.
Governing Board Policy CBCA Delegated Authority (revision)
18.
Governing Board Policy GCO Evaluation of Certificated Staff Members

(revision)
19.
Governing Board Policy GCOC Rules for Disciplinary Action Against an

Administrator (revision)

October 22, 2013 5:00 p.m.
Page 5
ACTION ITEM
20.
10:00 p.m.
Authorization for Board Members to Travel to Bulldog Tech in San Jose,

CA on November 4 and 5, 2013, for the Purpose of Viewing Academic
Programs
FUTURE AGENDA ITEMS
ADJOURNMENT
**Names and details, including available support documents, may be obtained during regular business hours at the TUSD Governing Board Office.
Persons with a disability may request a reasonable accommodation, such as a sign language interpreter, by contacting /Interpretations Services at 225-4672.
Requests should be made as early as possible to arrange the accommodation.
Upon request, TUSD will provide a certified interpreter to interpret Governing Board meetings whenever possible. Please contact Transla ions/Interpreta ions
Services at 225-4672 at least 72 hours prior to the event. Every effort will be made to honor requests for interpretation services made with less than 72 hours
notice.
Previa peticin, TUSD proporcionar un intrprete cer ificado para interpretar la agenda de las reuniones de la Mesa Directiva o de proporcionar los servicios de
interpretacin en la reuniones de la Mesa Directiva cuando sea posible. Favor de contactar los Servicios de Traduccin/Interpretacin al telfono 225-4672 cuando
menos 72 horas antes del evento. Se har todo lo posible para proporcionar los servicios de interpretacin realizados con menos de 72 horas de anticipacin.
If authorized by a majority vote of the members of the Governing Board, any matter on the open meeting agenda may be discussed in executive session for the
purpose of obtaining legal advice thereon, pursuant to A.R.S. 38-431.03 (A)(3). The executive session will be held immediately after he vote and will not be open
to the public.

GOVERNING BOARD
AGENDA FOR REGULAR BOARD MEETING*
TIME: October 22, 2013

5:00 p.m.
PLACE:
Board Room
CALL TO ORDER
ACTION ITEM
5:00 p.m.
1.
Schedule an executive meeting at this time to consider the following

matters: APPROVED
A.
Legal Advice/Instruction to Attorney pursuant to A.R.S. 38-431.03

(A)(3) and (A)(4)
1) Culturally Relevant Course Curriculum
B.
Personnel issues pursuant to A.R.S. 38-431.03 (A)(1); legal

advice/instruction to attorney pursuant to A.R.S. 38-431.03 (A)(3)
and (A)(4)
1) Administrative appointments, reassignments and transfers
2) Personnel Matters
C.
Discussions or consultations with designated representatives of

the public body in order to consider its position and instruct its
representatives regarding negotiations for the purchase, sale or
lease of real property pursuant to A.R.S. 38-431.03 Subsection
(A)(7)
1) Menlo Park
2) Wrightstown
RECESS REGULAR MEETING

RECONVENE REGULAR MEETING appx. 6:30 p.m.
6:30 p.m.
Board Room
Morrow Ed Center
INFORMATION ITEM
2.
Superintendents Student Advisory Council (SSAC) Report

INFORMATION ONLY

October 22, 2013 5:00 p.m.
Page 2
STUDY ITEM
3.
Presentation of the Annual Bond (BFOC) Report of the Tucson Unified

School District STUDIED ONLY
INFORMATION ITEMS
4.

INFORMATION ONLY
5.
Presentation of Budget Status and Update on FY 2014 Budget

INFORMATION ONLY
6.
Update on Marketing Plan INFORMATION ONLY
CONSENT AGENDA**
7. a) Salaried Critical Need and Replacement Hires APPROVED
b) Hourly Critical Need and Replacement Hires APPROVED
c) Salaried Separations APPROVED
d) Hourly Separations APPROVED
e) Requests for Leave of Absence for Certified Personnel APPROVED
f) Requests for Leave of Absence for Classified Personnel APPROVED
g) Adoption of 2013-2014 Middle and High School Supplemental Materials
GeoGebra APPROVED
h) Adoption of 2013-2014 High School Supplementary Materials Envision in
Depth APPROVED
i) Adoption of 2013-2014 High School Supplementary Materials AP
Spanish Language and Culture Exam Preparation APPROVED

October 22, 2013 5:00 p.m.
Page 3
j) Intergovernmental Agreement Between the Arizona Department of
Education and Tucson Unified School District for Food Program
Permanent Service Agreement, with Authorization for the Director of Food
Services to Execute the Agreement APPROVED
k)
Addendum II to Easement Agreement with Verizon Wireless at Catalina

Magnet High School, with Authorization for the Planning Services Program
Manager to Execute the Agreement APPROVED
l)
Easement Agreement with Tucson Electric Power Company (TEP) for

installation of an electrical transformer and easement to provide service at
Pueblo Gardens K-8 School, with Authorization for the GIS and Planning
Program Manager to Execute the Agreement APPROVED
m) Clinical Affiliation Agreement between Tucson Unified School District and

A.T. Still University Arizona School of Health Sciences to allow University
students within the Athletic Training, Audiology, Occupational Therapy,
Physician Assistant and Physical Therapy programs to participate in
clinical experiences within TUSD Schools for five years from the date of
execution APPROVED
n)
Affiliation Agreement between Tucson Unified School District and Arizona

Board of Regents, Arizona Health Sciences Center, for coordinated clinical
educational programs, effective July 1, 2013 through June 30, 2014
APPROVED
o)
Minutes of Tucson Unified School District Governing Board Meetings

APPROVED
1) Special Board Meeting, December 10, 2012 (Public Hearing)
7) Special Board Meeting, June 27, 2013; reconvened June 28, 2013
p)
Ratification of salary and non-salary vouchers for the period beginning

September 1, 2013 and Ending September 30, 2013 APPROVED
q)
Request for Approval to Use Cooperative Purchasing Contract 09A-WPTI0416 that may exceed $250,000 in Fiscal 2014 APPROVED
r)
Approval of Superintendents Designee for Internal Investigation Office of

Civil Rights (OCR) Case Number 08-12-1080 APPROVED
s)
Approval of Middle School Supplemental Materials 500 Years of Chicano

History APPROVED

October 22, 2013 5:00 p.m.
Page 4
t)
Approval of HS Supplemental Materials Occupied America: A History of

Chicanos APPROVED
u)
Approval of HS Supplemental Materials Message to Aztln APPROVED
v)
Approval of HS Supplemental Materials Chicano! The History of the

Mexican Civil Rights Movement APPROVED
w) Approval of HS Supplemental Materials Rethinking Columbus: The Next

500 Years APPROVED
x)
Approval of HS Supplemental Materials Critical Race Theory

APPROVED
y)
Approval of HS Supplemental Materials Pedagogy of the Oppressed

APPROVED
ACTION ITEMS
8.
Administrative appointments, reassignments and transfers Principal,

Santa Rita High School APPROVED JAMES PALACIOS
9.
Approval of Adoption #14-13: K-12 Online Curriculum APPROVED FOUR

PROGRAMS: K-12 VIRTUAL SCHOOL, EDMENTUM, EDGENUITY
AND ROSETTA STONE
10.
Award of Request for Proposals (RFP) #14-48-16 District Efficiency

Audit APPROVED GIBSON CONSULTING
11.
12.
Award of Request for Proposals (RFP) #14-53-16 District Curriculum

Audit APPROVED CURRICULUM MANAGEMENT SYSTEMS, INC.
Magnet Plan in Accordance with the Unitary Status Plan APPROVED
PLAN AS SUBMITTED.
STUDY/ACTION ITEM
13.
University High School Admissions in Accordance with the Unitary Status

Plan APPROVED

Study/Action
14.
Governing Board Policy GBEB Staff Conduct (revision) STUDIED ONLY
15.
Governing Board Policy GBEBE Use of Physical Force (elimination)

STUDIED ONLY

October 22, 2013 5:00 p.m.
Page 5
16.
Governing Board Policy GBEBD Reporting Suspected Crimes

(elimination) STUDIED ONLY
17.
Governing Board Policy CBCA Delegated Authority (revision)

APPROVED
18.
Governing Board Policy GCO Evaluation of Certificated Staff Members

(revision) STUDIED ONLY
19.
Governing Board Policy GCOC Rules for Disciplinary Action Against an

Administrator (revision) STUDIED ONLY
ACTION ITEM
20.
10:00 p.m.
Authorization for Board Members to Travel to Bulldog Tech in San Jose,

CA on November 4 and 5, 2013, for the Purpose of Viewing Academic
Programs NO ACTION TAKEN
FUTURE AGENDA ITEMS
ADJOURNMENT
**Names and details, including available support documents, may be obtained during regular business hours at the TUSD Governing Board Office.
Persons with a disability may request a reasonable accommodation, such as a sign language interpreter, by contacting /Interpretations Services at 225-4672.
Requests should be made as early as possible to arrange the accommodation.
Upon request, TUSD will provide a certified interpreter to interpret Governing Board meetings whenever possible. Please contact Transla ions/Interpreta ions
Services at 225-4672 at least 72 hours prior to the event. Every effort will be made to honor requests for interpretation services made with less than 72 hours
notice.
Previa peticin, TUSD proporcionar un intrprete cer ificado para interpretar la agenda de las reuniones de la Mesa Directiva o de proporcionar los servicios de
interpretacin en la reuniones de la Mesa Directiva cuando sea posible. Favor de contactar los Servicios de Traduccin/Interpretacin al telfono 225-4672 cuando
menos 72 horas antes del evento. Se har todo lo posible para proporcionar los servicios de interpretacin realizados con menos de 72 horas de anticipacin.
If authorized by a majority vote of the members of the Governing Board, any matter on the open meeting agenda may be discussed in executive session for the
purpose of obtaining legal advice thereon, pursuant to A.R.S. 38-431.03 (A)(3). The executive session will be held immediately after he vote and will not be open
to the public.

Governing Board Regular Meeting
Board Room, Morrow Education Center
1010 East Tenth Street
October 22, 2013
5:00 p.m.
MINUTES
Present:
Adelita S. Grijalva, President arr. @ 5:10 p.m.
Kristel Ann Foster, Clerk
Michael Hicks, Member
Cam Jurez, Member

Mark Stegeman, Member
Madison Dodge, Superintendents Student Advisory Council (SSAC)
Also Present:
H. T. Snchez, Ed.D., Superintendent
Julie Tolleson, Lead Legal Counsel
Adrian Vega, Ed.D., Deputy Superintendent for Teaching and Learning
Yousef Awwad, Deputy Superintendent for Operations
Steven Holmes, Assistant Superintendent, Curriculum & Instruction
Abel Morado, Ed.D., Assistant Superintendent, Secondary School Leadership
Terri Melendez, Interim Assistant Superintendent, Elementary/K-8 Leadership
Candy Egbert, Chief Operations Officer, Engineering, Facilities and Planning
Damon Jackson, Chief Information Officer, Technology and Telecommunications Services
Jim Fish, Executive Director, Equity Intervention
Sam Brown, Director, Desegregation
Pam Palmo, Interim Executive Director, Human Resources
Lorrane McPherson, Interim Executive Director, Exceptional Education
David Scott, Director, Accountability and Research
Cara Rene, Director, Communications/Media Relations
Jeff Coleman, Director, School Safety
Charles McCollum, Sponsor, Superintendents Student Advisory Council
Bryant Nodine, Program Manager, Planning Services
Marcus Jones, Program Manager, Bonds and Architecture
Vanessa Garrison, Bond Fiscal Oversight Committee
David Ashcraft, Bond Fiscal Oversight Committee
Robert Selby, Bond Fiscal Oversight Committee
Mary Alice Wallace, Director of Staff Services to the Governing Board
Michele Gutierrez, Senior Staff Assistant I to the Governing Board
Frances Banales, President, Tucson Education Association
Dan Ireland, Vice President, Tucson Education Association
Alexis Huicochea, Arizona Daily Star

October 22, 2013, 5:00 p.m.
Page 1 of 26

ITEM
ACTION
REGULAR MEETING CALLED TO ORDER 5:02 p.m.

Board Clerk Kristel Foster called the meeting to order.
No action required.
ACTION ITEM
1.
Schedule an executive meeting at this time to consider

the following matters:
A.
Legal advice/instruction to attorney pursuant to

A.R.S. 38-431.03 (A)(3) and (A)(4)
1)
Culturally Relevant Course Curriculum
B.
Personnel issues pursuant to A.R.S. 38-431.03

(A)(1); legal advice/instruction to attorney pursuant
to A.R.S. 38-431.03 (A)(3) and (A)(4)
1)
Administrative appointments,
reassignments and transfers
2)
Personnel Matters
C.
Discussions or consultations with designated

representatives of the public body in order to
consider its position and instruct its
representatives regarding negotiations for the
purchase, sale or lease of real property pursuant
to A.R.S. 38-431.03 Subsection (A)(7)
1)
Menlo Park
2)
Wrightstown
Cam Jurez moved

approval, Michael
Hicks seconded.
Approved 4-0 in a
voice vote. Adelita
Grijalva was not
present for the vote.
REGULAR MEETING RECESSED 5:03 p.m.

REGULAR MEETING RECONVENED 6:31 p.m.
No action required.
Teri Melendez led the Pledge of Allegiance.
INFORMATION ITEMS
2.
Superintendents Student Advisory Council (SSAC)

Report
Information only.
No action required.
Madison Dodge presented the SSAC report. She indicated

there have been two meetings since the last board meeting.
She reported that the Superintendent has tasked the Council
with looking at and researching different technological
advancements that would be useful for student academic
achievement and identifying barriers existing within classrooms.
October 22, 2013, 5:00 p.m.
Page 2 of 26

ITEM
ACTION
INFORMATION ITEMS (continued)

2.
Superintendents Student Advisory Council (SSAC)

Report (continued)
In conjunction with the TUSD Instructional Technology

Department a survey has been created for students at each
high school to provide input. The next meeting will be held on
November 18 at Project M.O.R.E.
No action required.
Dr. Sanchez announced that Madison received an award as a
litigator at a mock trial competition held in New York.
Dr. Sanchez introduced Coach Henry Barraza who was in
attendance with his wife and four sons and announced that Mr.
Barraza was going to be inducted into the Pima County Sports
Hall of Fame. Mr. Barraza thanked Dr. Sanchez and the Board
for inviting him to attend and discussed his 35 years as a
teacher and a volunteer in TUSD and the UofA. He said his
philosophy was Students First and he taught students to excel
in the classroom first before participating in sports. He said he
would be highlighting TUSD and the support he has had when
he speaks at his induction.
Dr. Sanchez introduced Scott Hagerman, Principal of Kellond
Elementary School, and announced that Kellond was being
named a Title I Rewards School by the Arizona Department of
Education for significantly closing the achievement gap in three
years. He asked Mr. Hagerman to discuss what he and his
team at Kellond did to earn this reward. Mr. Hagerman
indicated that Kellond had moved from a C to an A school in
three years due to the hard work of the students. He thanked
parents, teachers and kids for attending the board meeting.
Ms. Grijalva extended congratulations to those being
recognized.
Ms. Grijalva noted there was a large number of Pueblo students
in attendance and requested a motion to move item no. 12
forward on the agenda to be addressed next.
Mark Stegeman
moved for Item 12 to
be addressed next,
Michael Hicks
seconded. Approved
unanimously in a
voice vote.

October 22, 2013, 5:00 p.m.
Page 3 of 26

ITEM
ACTION
ACTION ITEM
12.

[Addressed out of sequence.]
(See Action after Call to

the Audience.)
Dr. Sanchez reviewed meetings held at Davis, Carrillo and

Pueblo regarding the magnet plan. He reviewed history of the
magnet at Pueblo. Goal is to move to an integrated school as
set forth in the USP. He indicated Special Master Dr. Hawley
agreed to look at some alternative formulas for integration. He
explained the plan is to move toward meeting a goal of a more
integrative plan. He stated he discussed with a Pueblo teacher
the idea of having students produce programming and partner
with the TUSD TV station to do production, editing,
broadcasting, etc. to highlight the skill of the students and to
support the magnet in a more robust manner and promote more
advanced placement. This revision to the plan is not eliminating
the original magnet proposal, but is providing two enrollment
cycles and providing additional support; feedback from
community is supportive. This ties in with SSAC proposals on
how to better share communication on what is happening at all
the campuses. It is a potential mechanism with the energy
behind it to be exceptional and a model. Other revisions to the
plan took a look at the bilingual dual language model at Davis
and support for that; same as two enrollment cycles with a good
faith movement to moving to the 70% racial concentrated
standard to reduce that and working with Dr. Hawley and other
plaintiffs on the criteria to judge whether a site is integrated. At
Tucson High the fine arts magnet will be continued and
supported while integrating science and technology and math;
deseg funding will be used to align courses with upper level
mathematics and ensure technology in science. Magnet
components will be fortified and supported with materials. All
magnet campuses will have two enrollment cycles to
demonstrate moving toward integration and academic
excellence. The District will continue to explore new magnets.
Court approval will be required. Based on meetings and other
feedback, Dr. Sanchez believes there is support from campuses
and communities and indicated that a sustained partnership will
be needed which will require focus and communication and
having key people to keep moving forward.
Dr. Sanchez responded to Kristel Fosters comment and inquiry
concerning which is the priority: integration and/or education
quality, by saying since this is a court case, it is about
integration first and foremost. The Districts focus is on all
students, but the court is fixated on two groups of students.
October 22, 2013, 5:00 p.m.
Page 4 of 26

ITEM
ACTION
ACTION ITEM (continued)

12.

(continued)
Sam Brown provided additional information concerning magnets

as a primary tool to achieve integration and educational quality.
The court views through the lens of integration.
Ms. Grijalva commented on the beginning of the
communications magnet at Pueblo and the result that many
persons in media now attended Pueblo. She indicated that it
had not received support nor been marketed over the years and
was glad to see the effort to redefine it and support it. She
responded to Michael Hicks comment that this was about all
the schools, not just Pueblo, by indicating the focus on Pueblo
tonight was because there was a large number of people from
Pueblo in the audience.
Cam Jurez commented concerning the need to be more
proactive as a holistic community and invest resources as
necessary to continue the integration effort. Dr. Sanchez
clarified the commitment provided by the community and
referenced the feedback documented in the agenda materials.
[See attachment to agenda item no. 12 posted on the TUSD web for the
October 22, 2013 agenda], and indicated people would be reminded
of their commitments in the future if necessary.

Mark Stegeman expressed his opinion that the magnet program
is one of the best uses of the deseg money as it most directly
promotes academic programs, and the more of the budget that
can be put into the program, the better. He expressed
appreciation for the Superintendents strategy. He further
commented on staff proposals from last spring to add a
performing arts magnet at Cragin and referred to documents
presented at that time, and expressed his desire to see that
added. Dr. Sanchez indicated this would be a worthy addition
but cautioned trying to do too much and without adequate
budget. Will continue to explore options, but reminded of the
requirement for court approval. Mr. Brown advised the two
additional magnets are still part of the plan but implementation
will be slower and more deliberate. Dr. Stegeman confirmed
with Mr. Brown that the second school referred to is Mansfeld.
Mr. Brown and Dr. Sanchez responded to Ms. Grijalvas inquiry
concerning the funding.
Michael Hicks moved the item as discussed. Ms. Grijalva
October 22, 2013, 5:00 p.m.
Page 5 of 26

ITEM
ACTION

12.

(continued)
seconded.
Ms. Foster expressed concern about persons who may have
come to speak at Call to the Audience before the item was
voted on. Dr. Stegeman and Mr. Hicks supported deferring
action until after the Call to the Audience. Mr. Hicks and Ms.
Grijalva withdrew the motion and second, respectively.
(continued after Call to the Audience below)
No action required.
Cam Jurez reported that in the past couple of weeks he has

visited Hollinger, attended the (magnet) forums, visited White
Elementary, represented TUSD along with Ms. Foster at the
Sunnyside Foundation, and visited Holladay and Carrillo.
Mike Hicks reported he has also visited schools. He
congratulated all the middle schools that took part in the recent
volleyball and basketball tournaments and expressed the hope
there would be better advertising and notification next year
about the events.
Kristel Foster commented that because of an injury she became
familiar with a physical therapy company who works closely with
TUSD sports to acknowledge athletes every grading period and
give scholarships. She suggested that as consumers people
consider spending money with companies that give back to the
District, and further suggested posting a list on the web of
companies that support TUSD.
CALL TO THE AUDIENCE
Adelita Grijalva and Cam Jurez suggested that in the interest
of time, persons who have had their concerns addressed can
feel free to waive their requests to speak.
No action required.
Ms. Grijalva reviewed the rules and protocol for the Call to the
Audience.
The following are names of individuals who spoke and the
subject of their comments:
Lillian Fox Inequity of budgeting between Departments and
October 22, 2013, 5:00 p.m.
Page 6 of 26

ITEM
ACTION
CALL TO THE AUDIENCE (continued)

school sites
Betts Putnam-Hidalgo Support for magnet programs and the
Special Master, and continuing desegregation of the schools
Michelle Mathews Addition of Exceptional Education
students to the Santa Rita High School English Classes which
exceeds the Consensus limits
LeRoy C. Bertsch Hollinger PreK-8 parent regarding no
exceptional education, ESL, GATE and other services available
Laura Leighton Unacceptability of Culturally Relevant Class
materials
Alex Fischer Support for the Pueblo Magnet Program
Christian J. Medina Quinones Petition on behalf of MECHA
in support for Pueblo High Magnet program
Steven West Repairs needed for Pueblo High building
Marisol Carrasco Support for the Pueblo Magnet program
Norma Velasco Support for rental at Menlo Park for Herencia
Guadalupana (Spanish speaker)
Diana Wilson Support for Herencia Guadalupana Lab School
Alexas Wilson Support for Herencia Guadalupana Lab
School
Kelly Lundia Support for Herencia Guadalupana Lab School
Ernestina Fuentes Founder and Executive Director of
Herencia Guadalupana Lab School
Pamela Hennessy THMS Teacher and TEA Representative
regarding lack of payment for teachers
Gail Menke Poor Technology at Tucson High
Jim Sinex Concerns regarding the latest magnet plan and
integration
Jana Happel Flaws for assessing integration in TUSD
Dan Ireland Special Education and Student discipline
Individuals whose names were called but were not present:
Carryover from September 24, 2013 Meeting: Victor Braitberg, C. David
Mogollon, Cameron Davidson, Michel Sanchez. New for October 22:
Marilyn Ochoa, Chris Harmon, Jose Caicedo, Santana Orozco, Selena Rios,
Cesar Aguirre, Jessica Sanchez.
Board Comments in Response to Call to the Audience

Dr. Stegeman asked that staff look into the issues at Santa Rita
and if valid, develop appropriate remedies for the situation.
Mr. Jurez asked that staff look into the issues at Hollinger.
Mr. Hicks asked that the Administration look into all the issues
October 22, 2013, 5:00 p.m.
Page 7 of 26

ITEM
ACTION
brought forward during Call to the Audience.

Ms. Foster asked that the issue of non-payment of teachers be
looked into and determine why it happened so it wont reoccur.
Also the issues at Santa Rita and the Special Education model.
12.

(continued) [Addressed out of sequence.]
Upon reconvening item no. 12, Michael Hicks moved to accept

the plan, and Cam Jurez seconded. Dr. Stegeman
commented he would support the motion with the inclusion of
Cragin and Mansfeld.
Upon Ms. Grijalvas request for clarification, Dr. Sanchez said
the request was for approval as presented.
Dr. Stegeman asked Mr. Hicks to clarify the intent of his motion.
Mr. Hicks clarified that his intent was to approve with the
inclusion of Cragin and Mansfeld in the magnet plan.
In response to Ms. Grijalvas inquiry if that is the plan as
submitted, Dr. Sanchez said the two schools are already
included in the plan for the future as submitted.
Michael Hicks moved

to accept the plan,
Cam Jurez
seconded. Following
discussion, Mr.
Jurez withdrew his
second.
Michael Hicks moved
approval of the plan
as presented with the
addition of Cragin
and Mansfeld
including some
funding for 2014,
Mark Stegeman
seconded.
Mr. Jurez commented that since the two schools are already
included in the plan, he felt adding them to the motion was
redundant and rescinded his second to the motion.
Dr. Stegeman indicated he would second Mr. Hicks motion with
the inclusion of Cragin and Mansfeld and some funding for
2014. Ms. Grijalva asked Mr. Hicks to clarify if that was the
intent of his motion, to provide funding for Cragin and Mansfeld
before 2015-16, or an expansion into the next school year. Mr.
Hicks clarified his intent was for 2014.
Mr. Brown commented that the plan is for phasing in those
magnets in 2015-2016.
Mr. Jurez commented on support for expansion but not without
money.
Ms. Foster asked for Mr. Brown to read specifically what the
Board is being asked to vote on. Ms. Grijalva commented the
purpose is to make sure everyone understands what is being
October 22, 2013, 5:00 p.m.
Page 8 of 26

ITEM
ACTION

12.

(continued)
Subsequent to further
discussion, Cam
Jurez moved to call
Mr. Brown read from the proposed magnet plan specific
the question, Mark
strategies for adding and replicating magnets in 2013-14 and
2014-15, the section regarding two schools, Cragin Elementary Stegeman seconded.
and Mansfeld Middle School. At the bottom of the paragraph for Approved
each, the former version had a statement which has been struck unanimously in a
voice vote.
out If TUSD receives the grant, development and
implementation will be accelerated. He clarified there is funding
The Hicks/Stegeman
for 2013-2014 and funding for the next year, but it should not
detract in any way what the District is trying to do with the other motion failed 2-3 in a
roll call vote. Kristel
schools in the plan.
Foster, Cam Jurez
and Adelita Grijalva
Ms. Foster asked Mr. Hicks if it is his intention to put the
voted no.
acceleration of the Cragin and Mansfeld magnets into the plan
in his motion. Dr. Stegeman commented that since the magnet
Cam Jurez moved
grant was not received, the funding for Cragin and Mansfeld in
to approve the plan
2013-2014 would be less. Ms. Grijalva commented that since
there is funding included in the plan for the two schools, it made as written, Kristel
Foster seconded.
no sense to add them specifically to the motion for approval.
Approved
Dr. Stegeman commented that it made it clearer, and Ms.
Grijalva stated she would be more comfortable simply approving unanimously in a roll
call vote.
the plan as submitted.
voted on.
Mr. Brown clarified again. Mr. Hicks commented. Ms. Foster

commented on votes taken previous to her being on the board
which resulted in the Board having taken action that was not
understood at the time, and that she would only vote on the plan
as submitted without additional conditions.
At this point, Mr. Jurez moved to call the question, and Dr.
Stegeman seconded.
Subsequent to action taken as recorded, Mr. Jurez requested
a short recess.

October 22, 2013, 5:00 p.m.
Page 9 of 26

ITEM
ACTION
STUDY ITEM
3.
Presentation of the Annual Bond (BFOC) Report of the

Tucson Unified School District
Studied only.
Dr. Sanchez invited the presenters for the report to come

forward. He commented that sadly it is the last report of this
committee. He acknowledged the community oversight as an
effective model and one that should be maintained and utilized
for any bond program in the future.
Marcus Jones presented the annual report and stated that all
projects have been completed and a lot more. He expressed
appreciation to members of the Communications Department
Mary Canty, Jes Ruvalcaba and Cara Rene for their work in
promoting the bond and presented a video highlighting the
success of the bond. (Video available in the video recording of the
October 22, 2013 board meeting posted on the web.)
Mr. Jones commented that the bond program has met all major
goals and with the support of the Finance Department and the
Bond Fiscal Oversight Committee, there is more data online
than for any other bond program in the country, and available to
anyone. He stated the BFOC has kept the program on task,
and he introduced committee members David Ashcraft and
Vanessa Garrison.
Ms. Garrison indicated she has been a member of the BFOC for
many years. She stated that the video presented a synopsis of
bond projects, and that the focus was always the safety and
academic achievement of students. In addition, she highlighted
other projects accomplished, e.g. making use of money to help
receiving schools during the school consolidation project;
assisting with technology infrastructure; collaboration with the
Fort Lowell Soccer Club and the City of Tucson Parks and
Recreation on the Fort Lowell soccer fields. Success of the
bond program was in terms of things done for the schools that
would not have been possible otherwise, plus it did what the
voters wanted. The bond pamphlet provided to the voters had
27 categories with specific amounts compiled by doing a survey
of needs at schools. The program followed legal requirements,
stayed within the 10% contingency allowed, and finished by the
required deadline. Another benefit of the bond program was to
repair facilities when there was no funding from the Legislature.
Ms. Garrison expressed appreciation to Marcus Jones, Candy
Egbert, Nicole Fisher, Cliff Wadhams, and the entire
October 22, 2013, 5:00 p.m.
Page 10 of 26

ITEM
ACTION
STUDY ITEM (continued)

3.
Presentation of the Annual Bond (BFOC) Report of the

Tucson Unified School District (continued)
Architecture and Engineering Department for their support and

providing any information needed.
Mr. Hicks expressed appreciation for the work of the
Committee, stated it has been one of the best well-run bond
programs he has seen, and hoped the District would get
another one.
Marcus Jones responded to Ms. Fosters inquiry about where
the video could be viewed, by saying a link is posted on the
front page of the TUSD web.
Mr. Jurez commented that this bond program has been
incredible and thanked the committee members for the hours
they have volunteered and the work of the staff to ensure the
success of the program.
4.
Information only. No
action required.
Dr. Sanchez invited the presenter to come forward. Substituting

for Leo Masursky was Betts Putnam Hidalgo who reported on
the September 16 meeting of the SCPC. She indicated Dr.
Sanchez, members of the Cabinet and Board members Kristel
Foster and Cam Jurez were in attendance. At the meeting Dr.
Sanchez reported on talking with people around the district who
asked questions on how to turn around TUSD, get more money
in the district, and increase a positive view of TUSD. She
reported election of officers was held and the results are on the
TUSD website. Breakout sessions were held concerning issues
persons would like addressed, e.g. importance of having more
preschools, District accountability, the difficulty enrolling in the
district by non-district residents, excessive testing, revisiting
class size, how money saved from closures is being used, and
the number of long term subs still teaching at this time of the
year.
5.
Presentation of Budget Status and Update on FY 2014

Budget
action required.
Dr. Sanchez called on Yousef Awwad to report on where the

October 22, 2013, 5:00 p.m.
Page 11 of 26

ITEM
ACTION

5.
Presentation of Budget Status and Update on FY 2014

Budget (continued)
District is now with the budget. Using Power Point [available as an

attachment to the agenda item posted on the TUSD web], Mr. Awwad
presented information on the current status of the budget and
projected expenditures. He stated the budget book was in the
process of being formatted and will be posted to the TUSD web
in the next few days.
In response to Mr. Hicks inquiry regarding the location on the
web, Mr. Awwad stated it will be clearly identified and available
with a direct link.
He reported on resolving the budget deficit by reducing $19m,
and the impact of other factors on the amount of funding
received, e.g. the Federal sequestration.
Dr. Sanchez commented on the importance of being cognizant
of all the responsibilities of staff members.
Mr. Awwad went through the budget categories and explained
what each meant, including administrative costs, and walked
through the calculations. He and Dr. Sanchez responded to Mr.
Hicks and Ms. Grijalvas inquiries regarding expenditure of
deseg monies. Mr. Awwad responded to further inquiries by Mr.
Hicks concerning school administrative costs, and capital
expenditures, and to a further inquiry by Mr. Jurez.
6.
action required.
Update on Marketing Plan
Dr. Sanchez stated Director of Communications Cara Rene will

give an overview of the marketing plan which will be used to get
the word out on magnets and will be funded from multiple
sources.
Using Power Point [available as an attachment to the agenda item
posted on the TUSD web], Ms. Rene reviewed the objectives of the
marketing plan approved by the Board, which are to increase
open enrollment, increase awareness of learning opportunities
available, increase public understanding and perception, and
create and communicate a consistent brand. Also to connect
with the community consisting of several audiences, to make
sure to connect with parents, especially those in connection with
the Unitary Status Plan, community groups, employees and.
October 22, 2013, 5:00 p.m.
Page 12 of 26

ITEM
ACTION

6.
Update on Marketing Plan (continued)
others. Developed by the Gordley Group and the Marketing

Committee including Sam Brown, Vicky Callison and Noreen
Wiedenfeld. The one-year outreach will be fall and spring
media campaigns and continuity throughout the year. Concept
of content will be authenticity and will reflect diversity and the
abundance of learning opportunities to foster community
interest. Campaign will launch on Monday (October 28) and will
include radio, television, print, internet and direct mail; also a
TUSD Ambassador program, and participation in events such
as booths at the 4th Avenue Street Fair and the Tucson Festival
of Books. She described the Ask Me campaign, utilizing
English and Spanish. Will try to bring all advocates into the
Ambassador program to connect with the community on many
different levels and will have a training program. Production of
TV spots included outstanding cooperation of schools,
principals, teachers and students. Locations included Tucson
High, Booth-Fickett, Borton, and Carrillo. She described the
number and length of spots and where they would be aired to
get the best exposure, and printed materials that would be
distributed. She expressed thanks to schools and departments
and people who assisted. In response to Ms. Grijalvas inquiry
about where ads could be viewed, she stated that once final
versions were approved, they would be placed on the TUSD
web. The first ads were radio ads on NPR concerning magnet
programs. Ads now will concentrate on open enrollment with
spring ads targeting Kindergarten. Mr. Jurez commented on
the Ask Me program, complimented the participants in the ads,
suggested fine arts programs that could be included along with
bus drivers from Transportation, and questioned why some
media outlets were not included in the campaign. Ms. Rene
responded on arts programs included and getting the most
bang for the buck within the budget. She responded to Mr.
Hicks inquiry about specific programs saying this is a broad
approach covering main things that would connect and get
peoples attention to look at TUSD and enroll children. Mr.
Hicks commented that most students leaving TUSD for charter
schools were from the east side and inquired what was being
done to encourage their return. Dr. Sanchez asked David Scott
to respond. Mr. Scott indicated that students leaving for charter
schools were from throughout the community, and contributed it
to demographic shifts. A firm has been hired to look at trends in
demographics in order to know what can be expected in the
October 22, 2013, 5:00 p.m.
Page 13 of 26

ITEM
ACTION

6.
Update on Marketing Plan (continued)
next ten years. In response to Mr. Hicks statement that he

wants TUSD to grow on the east side, Dr. Sanchez indicated
that all sides of the District were being included in the
campaign. Ms. Rene indicated there would be targeted
mailings. Ms. Foster commented that the video does capture
authentic portrayal of kids and programs in schools and speaks
to everyone in the community. Dr. Sanchez commented further
that for the size of the district, the limited budget and the fact
that this is the first campaign, the product is impressive; he
acknowledged the excellent work of Ms. Rene and the team and
indicated future campaigns will only get better. Ms. Grijalva
commented on the potential positive impact of the money being
spent. Mr. Jurez commented on the campaign giving the
opportunity for the District to highlight individual campuses and
indicated his support for the campaign and belief it is money
well spent. Dr. Stegeman expressed his opinion that there is
value in the campaign and that it was well executed, but still
believes spending money on teachers is better than on
advertising.
CONSENT AGENDA
7.
a)
b)
c)
d)
e)
f)
g)
h)
i)
j)
Salaried critical need and replacement hires

Hourly critical need and replacement hires
Salaried separations
Hourly separations
Requests for leave of absence for certified
personnel
Requests for leave of absence for classified
personnel
Adoption of 2013-2014 Middle and High School
Supplemental Materials -- GeoGebra
Adoption of 2013-2014 High School
Supplementary Materials Envision in Depth
Adoption of 2013-2014 High School
Supplementary Materials AP Spanish Language
and Culture Exam Preparation
Intergovernmental Agreement Between the
Arizona Department of Education and Tucson
Unified School District for Food Program
Permanent Service Agreement, with Authorization
for the Director of Food Services to Execute the
Agreement
Kristel Foster moved

approval of Consent
Agenda Items 7(a-r),
Mark Stegeman
seconded. Approved
unanimously in a
voice vote.

October 22, 2013, 5:00 p.m.
Page 14 of 26

ITEM
ACTION

7.
k)
l)
m)
n)
o)
p)
q)
r)
Addendum II to Easement Agreement with

Verizon Wireless at Catalina Magnet High School,
with Authorization for the Planning Services
Program Manager to Execute the Agreement
Easement Agreement with Tucson Electric Power
Company (TEP) for installation of an electrical
transformer and easement to provide service at
Pueblo Gardens K-8 School, with Authorization for
the GIS and Planning Program Manager to
Execute the Agreement
Clinical Affiliation Agreement between Tucson
Unified School District and A.T. Still University
Arizona School of Health Sciences to allow
University students within the Athletic Training,
Audiology, Occupational Therapy, Physician
Assistant and Physical Therapy programs to
participate in clinical experiences within TUSD
Schools for five years from the date of execution
Affiliation Agreement between Tucson Unified
School District and Arizona Board of Regents,
Arizona Health Sciences Center, for coordinated
clinical educational programs, effective July 1,
2013 through June 30, 2014
Minutes of Tucson Unified School District
Governing Board Meetings
1) Special Board Meeting, December 10, 2012
(Public Hearing)
7) Special Board Meeting, June 27, 2013;
reconvened June 28, 2013
Ratification of salary and non-salary vouchers for
the period beginning September 1, 2013 and
ending September 30, 2013
Request for Approval to Use Cooperative
Purchasing Contract 09A-WPTI-0416 that may
exceed $250,000 in Fiscal 2014
Approval of Superintendents Designee for Internal
Investigation Office of Civil Rights (OCR) Case
Number 08-12-1080
October 22, 2013, 5:00 p.m.
Page 15 of 26

ITEM
ACTION

Dr. Sanchez indicated he had received notice that items 7(s-y)
had been requested to be considered separately. He requested
the Boards approval of the Consent Agenda with the exception
of items 7 (s-y).
Following approval of items 7(a-r), Ms. Grijalva announced that
Mr. Hicks had requested items 7 (s-y) be considered separately
and asked if he wanted them considered as a group or
individually. Mr. Hicks indicated he wanted them considered as
a group.
Mr. Hicks inquired what courses the books were to be used for
and what teachers requested the books.
Dr. Sanchez responded that Steve Holmes would address the
question of courses and indicated that the normal process for
approval of curriculum was followed. Mr. Holmes provided
information that the books are for American and U.S. History
courses and eleventh and tenth grade English courses. Dr.
Sanchez indicated the forms attached to the agenda item do
have the names of staff who requested the materials. Mr.
Holmes responded to Ms. Grijalvas request to go through the
process using item 7(s) as an example. He and Dr. Sanchez
confirmed for Mr. Hicks that the procedure set out in Policy IJJ
was followed for approval for supplemental materials.
Mr. Hicks stated he would not support approval because he did
not believe it was done properly. Mr. Jurez commented and
Mr. Holmes confirmed the materials are not being used in the
culturally relevant courses; Mr. Jurez indicated his support.
Dr. Stegeman indicated that teachers are allowed to use
incidental materials in their classes and that he disagreed when
these books had been removed from classrooms last year;
however he indicated he would not support the purchase of
these books with taxpayer monies. Ms. Foster commented on
her prior approval of a book because the process was followed
although it was not one she would have used personally. Ms.
Grijalva commented on a resolution previously proposed by Dr.
Stegeman to end the proscription of the seven books, and the
reason she did not support it at that time was that the books
were not tied to any curriculum and that it didnt change the
status of the books since they were available in school libraries
for student use. She stated her support and belief the process
was followed.
October 22, 2013, 5:00 p.m.
Page 16 of 26

ITEM
ACTION

7.
s)
t)
u)
v)
w)
x)
y)
Approval of Middle School Supplemental Materials

500 Years of Chicano History
Approval of HS Supplemental Materials
Occupied America: A History of Chicanos
Message to Aztln
Chicano! The History of the Mexican Civil Rights
Movement
Rethinking Columbus: The Next 500 Years
Approval of HS Supplemental Materials Critical
Race Theory
Pedagogy of the Oppressed
Cam Jurez moved

approval of Consent
Agenda Items 7(s-y),
Kristel Foster
seconded. Approved
3-2 in a roll call vote.
Mark Stegeman and
Michael Hicks voted
no.
ACTION ITEMS
8.
Administrative Appointments, Reassignments and

Transfers Principal, Santa Rita High School
Dr. Sanchez recommended James Palacios for the position and

commented that the interview process has been followed.
9.
Approval of Adoption #14-13: K-12 Online Curriculum,

awarded to four vendors: K12 Virtual School, Edmentum
and Edgenuity; and Rosetta Stone, in an amount of
$300,000/year for 5 years ($1,500,000)(estimated; see
narrative below).
Michael Hicks moved

approval, Cam
Jurez seconded.
Approved
unanimously in a
voice vote.
Michael Hicks moved
approval, Kristel
Foster seconded.
Approved
unanimously in a
voice vote.
Dr. Sanchez indicated the K-12 on-line curriculum has been

reviewed, and discussed the launch of the GradLink 2 Program
to recover students who have dropped out or are falling behind
and the requirement for a robust on-line curriculum for
transitioning students to a new curriculum to assist with reading
and visual content. He asked Steve Holmes to present the
item. Mr. Holmes explained the advantages and benefits of the
four programs being recommended for adoption as curriculum
and the costs. He indicated the cost would be approximately
$154,000 rather than the figure quoted on the agenda item.
Mr. Holmes responded to Ms. Grijalvas inquiry concerning
students being dual enrolled in the on-line curriculum and a
traditional high school by saying that was correct.
October 22, 2013, 5:00 p.m.
Page 17 of 26

ITEM
ACTION

9.
Approval of Adoption #14-13: K-12 Online Curriculum,

awarded to four vendors: K12 Virtual School, Edmentum
and Edgenuity; and Rosetta Stone, in an amount of
$300,000/year for 5 years ($1,500,000)(estimated; see
narrative below). (continued)
Mr. Jurez commented on the value of getting students caught

up and preparing for tests required to pass, not just credit
recovery. Mr. Holmes explained individual plans were
customized for each student.
In response to Mr. Hicks inquiry regarding the number of
languages available in Rosetta Stone, Mr. Holmes indicated it
provides access to 30 languages.
Dr. Stegeman commented on the three additional programs
listed on the agenda item and asked what the additional value
was. Mr. Holmes explained that only the four programs
discussed were being requested for approval as the other three
were repetitive to those being requested. Dr. Stegeman
indicated he would support.
10.
Award of Request for Proposals (RFP) #14-48-16

District Efficiency Audit, awarded to Gibson Consulting,
in an amount of $300,000 for the first year
Dr. Sanchez recommended performance of a District efficiency

audit utilizing a third person, impartial review of all operations in
every aspect. He asked Yousef Awwad to present information
on the vendor being recommended as well as their background
and other districts where they have done this work. Mr. Awwad
indicated the company being recommended has done work in
some of the largest school districts in the country such as Los
Angeles Unified, Clark County (NV) and Miami-Dade. In
response to Ms. Grijalvas inquiry, he stated the cost was for the
complete audit as stated in the scope.

approval, Cam
Jurez seconded.
Approved
unanimously in a
voice vote.
Dr. Stegeman commented he would support the procurement

because the potential gains from an efficiency audit are great,
but referenced the previous audit by MGT which cost a lot and
very little was implemented. He stated his support was based
on the hope and assumption that the District will take the results
from this one seriously and get some serious savings from it.
Dr. Sanchez stated that implementation of results would be with
the support of the Board which might require changing policy
October 22, 2013, 5:00 p.m.
Page 18 of 26

ITEM
ACTION

10.

District Efficiency Audit, awarded to Gibson Consulting,
in an amount of $300,000 for the first year (continued)
and/or procedures. Mr. Hicks commented he would support the

audit but that he would be watching the results carefully.
Consideration of extending the meeting beyond the 10:00 p.m.
curfew in accordance with Governing Board Policy BDAA
Procedures for Governing Board Members
Michael Hicks moved

to extend the meeting
for one hour, Cam
Jurez seconded.
Approved
unanimously in a
voice vote.
11.
Cam Jurez moved

approval, Kristel
Foster seconded.
Approved
unanimously in a
voice vote.

District Curriculum Audit, awarded to Curriculum
Management Systems, Inc., in an amount of $200,000
for the first year
Dr. Sanchez explained that the curriculum audit, along with the
efficiency audit, would serve as the foundation for strategic
planning for the next five years. The purpose is to get a good
understanding of where the District is doing well with practice,
support and professional development. He asked Adrian Vega
to present. Dr. Vega explained that the District was looking for
a vendor with experience, and the company being
recommended has 40 years of conducting curriculum audits
with large districts comparable to TUSD or larger several in
Texas, Jefferson County, Kentucky, and Boston Public Schools.
They will be looking for gaps as pertains to curriculum and how
it is aligned across the District.
In response to Ms. Grijalvas inquiry about how long the audit
would take, Dr. Vega replied it would take nine to twelve weeks
with results in time for strategic planning. In response to Ms.
Fosters inquiry about when the last curriculum audit was
performed, Dr. Sanchez indicated his research revealed that
one had not been done in at least a decade. Ms. Grijalva
indicated that no curriculum audit had been done in the time she
has been on the board; the previous operations audit was
supposed to be followed by a curriculum audit but the District
did not move forward with it.
In response to Mr. Hicks comment he hoped recommendations

October 22, 2013, 5:00 p.m.
Page 19 of 26

ITEM
ACTION

11.

District Curriculum Audit, awarded to Curriculum
Management Systems, Inc., in an amount of $200,000
for the first year (continued)
would be seriously considered, Dr. Vega explained this audit is

a deficiency audit to identify gaps in alignment through the lens
of five standards in high performing districts. In response to Mr.
Hicks inquiry on how the audit would be conducted, Dr. Vega
explained the process. Dr. Sanchez further explained that the
results from both audits would be presented to the Board to give
full information for transparency.
In response to Dr. Stegemans inquiry whether the small pool of
only two bids was expected, Dr. Vega explained that he is
familiar with the process of an audit through prior experience
and would not be bringing forward this recommendation if the
team did not feel comfortable with the response. In response to
Dr. Stegemans inquiry if alignment with Common Core was a
major part of the request, Dr. Vega confirmed that it was part of
the scope of the RFP.
In response to Mr. Jurez inquiry concerning turnaround time,
Dr. Vega replied it would be 12 weeks at the most.
12.
Addressed out of
sequence after the
Superintendents Report
above.
STUDY/ACTION ITEM
13.
University High School Admissions in Accordance with

the Unitary Status Plan
Dr. Sanchez reported on the proposal to run a dual admissions

system which would include piloting a new admission process
while maintaining the existing system and accommodating
space if there is an increase in numbers. The plan would be
brought back to the board in a year with a recommendation
based on data received. He asked Sam Brown to present the

approval, Mark
Stegeman seconded.
Approved 4-1 in a
voice vote. Michael
Hicks voted no.

October 22, 2013, 5:00 p.m.
Page 20 of 26

ITEM
ACTION
STUDY/ACTION ITEM (continued)

13.

the Unitary Status Plan (continued)
item. Using Power Point [available as an attachment to the agenda

item posted on the TUSD web], Mr. Brown recognized the success of
University High School and the goal is to expand the process to
allow more students to be part of that success. He reviewed the
revised process for admission to UHS to ensure multiple
measures for admission are utilized in a fair, neutral and
equitable manner. Consultation with an expert regarding the
use of multiple measures was employed, and consultation
throughout the process with the Plaintiffs and the Special
Master was utilized concerning best practices used by other
districts with similar programs. Plan will continue to be reevaluated and adjusted as necessary. He reviewed goals
designed to be impartial, and indicated there will be
comparisons from one year to the next included the annual
report on the USP each year. Specifics of the admissions
process were outlined. Experts opinions were reviewed.
Mr. Brown responded to Ms. Grijalvas inquiry whether the pilot
concerned transferring students. He recognized Dr. Julia King
and UHS Principal Dean Packard for their work on the plan.
Ms. Grijalva expressed concern about so many pilot instruments
being implemented at one time, and inquired how students will
be supported once there to encourage them. Mr. Brown
responded on how access and retention can be improved for
students.
Dr. Stegeman commented it was important to point out that
UHS is a 50% blend of ethnicities, but that the USP requires
adjustment in the admissions process. He commented he did
not support the first plan proposed, but that changes made are
something he can support now as a first year experiment. He
commented he had three concerns: one was the teacher
evaluation part; another was he felt too many students admitted
under the new standard could jeopardize the experiment and
success of students. Dr. Sanchez responded that an
overwhelming number of students was not expected at first. Dr.
Stegeman also indicated a concern by people that this will begin
a process of reducing academic standards at UHS, although he
stated he does not believe it will, but he believes the perception
must be addressed and attention to monitoring of achievement
is important. He expressed his belief this is a reasonable
response to the USP and will support the plan.
October 22, 2013, 5:00 p.m.
Page 21 of 26

ITEM
ACTION
STUDY/ACTION ITEM (continued)

13.

the Unitary Status Plan (continued)
Mr. Jurez commented on desirability to raise the bar at all high

schools and stated he would never support a change in the
formula for UHS. He stated his support for this plan as an
equitable opportunity for all students. Mr. Brown commented on
remediation practices employed at UHS and Ms. Grijalva
responded concerning preparation that could be done in eighth
grade.
Ms. Foster commented that persons she has had conversations
with were more acceptable to the plan as a pilot. She expressed
concerns about stress levels at all schools and inquired if
implementation of this pilot would create extra stress. Dr.
Sanchez responded that students will be sought who have the
capacity to go at the pace required, that enough space and staff
are ensured with effort to drop the student:teacher ratio, and
support will be provided through communication between the
campus and administration.
Mr. Brown responded to Mr. Jurez inquiry if quarterly reports
were planned during the year of the pilot by indicating there
would be information that could be made available after the
January-February period. Dr. Sanchez responded to Ms.
Grijalvas comment on parent concerns by indicating a meeting
was set for Wednesday (10/23).
Dr. Sanchez asked Ms. Tolleson to review the policies to
provide perspective.
Approved policies may be

viewed on the District
web page
www.tusd1.org
Ms. Tolleson indicated that subsequent to a board discussion

on August 27, 2013 concerning the policy on physical force,
where revisions were suggested by the Board, it was
discovered that at the statewide level, all aspects of staff
conduct, use of force and reporting of crimes have been
collapsed into the proposed Policy GBEB (Item No. 14) along
with the language previously suggested by the Board.
Ms. Foster proposed moving acceptance of Staff Conduct and
elimination of Use of Physical Force and Reporting Suspected
Crimes as one item. Ms. Grijalva expressed she would prefer
addressing them individually.
October 22, 2013, 5:00 p.m.
Page 22 of 26

ITEM
ACTION
GOVERNING BOARD POLICIES (continued)

Dr. Sanchez indicated the policies (Items 14, 15 and 16) are for
Study and would be brought back for action at a future meeting.
Ms. Grijalva asked board members to send comments or
suggestions to Mrs. Wallace so they could be forwarded to Ms.
Tolleson.
Study/Action
14.
Governing Board Policy GBEB Staff Conduct (revision)
Studied only.
15.
Governing Board Policy GBEBE Use of Physical Force

(elimination)
Studied only.
16.
Governing Board Policy GBEBD Reporting Suspected

Crimes (elimination)
Studied only.
17.
Governing Board Policy CBCA Delegated Authority

(revision)

approval, Michael
Hicks seconded.
Approved
unanimously in a
voice vote.
Ms. Tolleson indicated that this revision is to reconcile TUSD

policy with corresponding changes in State statute regarding
evaluation processes and notices of unsatisfactory
performance, which now allows for notice to the Board in ten
days rather than five.
18.
Governing Board Policy GCO Evaluation of Certificated

Staff Members (revision)
Studied only.
Dr. Sanchez indicated the revision is to make allowance for an

aspect in law that states some recognition must be allowed in
the process, and puts the policy in line with model policy. Ms.
Tolleson responded to Mr. Hicks inquiry if this was the ASBA
model by indicating it was. Ms. Foster asked for additional time
to review the policy. Ms. Grijalva encouraged board members
to review the policy and forward comments to Mrs. Wallace.
19.
Governing Board Policy GCOC Rules for Disciplinary

Action Against an Administrator (revision)
Studied only.
Dr. Sanchez reported that currently there are persons who fall
under the ELI agreement who arent being recognized or
named. Ms. Tolleson has worked with the ELI Executive
Director so they are aware, and the revision is being supported
by ELI.
October 22, 2013, 5:00 p.m.
Page 23 of 26

ITEM
ACTION
GOVERNING BOARD POLICIES (continued)

Study/Action (continued)
19.
Governing Board Policy GCOC Rules for Disciplinary

Action Against an Administrator (revision) (continued)
Mr. Hicks inquired what the process is for an Administrator to

refute discipline. Ms. Tolleson clarified that this revision doesnt
change anything about administrator discipline process. The
purpose of this revision is, since there was no process that
governed Research Project Managers or School Psychologists
who fall under the ELI Agreement, to include them in the policy
so these groups are aware of what the process is. She
explained the progressive discipline. Mr. Hicks asked for
additional time to review. Mr. Jurez also asked for additional
time. Ms. Grijalva clarified that the purpose of the revision was
the addition of the Research Project Managers and School
Psychologists to be governed by the policy.
Mr. Hicks commented that if there were other issues with the
policy, they could be addressed at this time. Ms. Grijalva
responded that comments or suggested changes should be
sent soon since ELI has agreed to the changes being proposed
now, which require the Boards approval. Mr. Jurez
commented he would like to know what kind of impact adding
additional persons to the policy would have.
Dr. Stegeman inquired about the motivation for adding the word
supervising in Section VI.A.3. Ms. Tolleson responded that
this policy has been revised in the last year or so, and language
might have been to distinguish between an administrator and a
supervising administrator, and it could have been carried over
from before. She said she will check that before the policy is
brought back for action.
Ms. Grijalva indicated the policies would be brought back at the
next meeting for action.
ACTION ITEM
20.
Authorization for Board Members to Travel to Bulldog

Tech in San Jose, CA on November 4 and 5, 2013, for
the Purpose of Viewing Academic Programs
No action taken.
Dr. Sanchez stated that there was interest in growing TUSD by

looking at project-based 21st Century learning programs and
October 22, 2013, 5:00 p.m.
Page 24 of 26

ITEM
ACTION

20.
Authorization for Board Members to Travel to Bulldog

Tech in San Jose, CA on November 4 and 5, 2013, for
the Purpose of Viewing Academic Programs (continued)
looking for sites to view such programs first hand. When a

major investment is required to develop such a project, he
indicated it seemed feasible to take Board members with
Administrators to see other examples personally. He extended
an invitation to Board members to travel with Administrators (to
San Jose), but if no one accepted, a team of people would be
sent to view programs and bring back information to the Board.
Mr. Jurez commented on the value of seeing something first
hand, but considering the economic situation in the district and
the community, he stated that rather than spend money for the
Board to travel, he would rather spend the money in a different
fashion and have Dr. Vega prepare a presentation on what was
learned.
Ms. Grijalva stated it will be important if or when this item comes
forward and requires resources, that Board members remember
they had the opportunity to go and observe and see the impact
of a program. She indicated interest in a review and special
presentation including budget impact and potential sites.
Dr. Sanchez indicated it would be taken under advisement.
FUTURE AGENDA ITEMS
Dr. Stegeman asked the Board to consider move the starting
time of meetings from 6:30 p.m. back to 6:00 p.m.
Mr. Jurez asked that his Resolution on student and employee
wellness be brought back for Board consideration. Ms. Grijalva
asked that Legal review the Resolution in advance.
REGULAR MEETING ADJOURNED 11:02 p.m.
Approved this
11th
day of
February
, 2014.

October 22, 2013, 5:00 p.m.
Page 25 of 26

TUCSON UNIFIED SCHOOL DISTRICT NO. ONE
By
Kristel Ann Foster, Clerk
Governing Board
Maw
Minutes\10-22-13Regular

October 22, 2013, 5:00 p.m.
Page 26 of 26
EXHIBIT H
Coversheet
MEETING OF:
October 22, 2013
TITLE:
Approval of Middle School Supplemental Materials - 500 Years of Chicano History
ITEM #:
19
Information:
Study:
Action:
PURPOSE:
To request Governing Board approval to use supplementary materials inmiddle schools - 500 Years of Chicano History.
DESCRIPTION AND JUSTIFICATION:

Supplementary materials will be used to support and enhance the delivery of Arizona State Standards inmiddle schools for school
year 2013-2014.
SUPPORTS SUPERINTENDENT'S GOAL(S):
Achievement
Student Enrollment
PRESENTER(S):
Requesting teacher will be available for questions.
BOARD POLICY CONSIDERATIONS:

LEGAL CONSIDERATIONS:
For all Intergovernmental Agreements (IGAs), Initiator of Agenda Item provides the name of the agency responsible for recording the
Agreement after approval:
For amendments to current IGAs, Initiator provides original IGA recording number:
Legal Advisor Signature (if applicable)
BUDGET CONSIDERATIONS:
Budget Certification (for use by Office of

Financial Services only):
District Budget
State/Federal Funds
Other
Budget Code
Budget Cost
Date
I certify that funds for this expenditure in the amount of $ are
available and may be:
Authorized from current year budget
http://boardagenda/Bluesheet.aspx?ItemID=4496&MeetingID=167[10/21/2013 11:20:10 AM]
Coversheet

Authorized with School Board approval
Code:
Fund:
INITIATOR(S):
Steve Holmes, Assistant Superintendent of Curriculum and

Instruction
Name
Title
10/18/2013
Date
DOCUMENTS ATTACHED/ ON FILE IN BOARD OFFICE:
BOARD AGENDA ITEM

CONTINUATION SHEET
http:/ / boardagenda/ Biuesheet.aspx?ItemiD= 4496&MeetingiD= 167[10/ 21/ 2013 11:20: 10 AM]
TUSD Case 4:10-cv-00623-AWT
Document 356 Filed 09/26/16 TUSD

Page
130 of Material
226 Approval Form
Supplemental
School Name: _R_o_s_k_ru. .g'. .--e_M_a_.g.._n_e_t_K___;-8;.._________ Dept:

Secondary School Leadership
Requestor: Jose Gonzalez
Phone #: 225-6422
Leadership Office: (Check the appropriate office}
ES
II
MS
HS _[___ JTED
Title: 500 Years of Chicano Historv

Author(s): Elizabeth Martinez
Edition (1st, 2"d, 3'd, etc.):
Copyright year:
----------------------------- Price:
ISBN (10 or 13 digits):
Grade(s): 6 - 8
Subject: Middle School History
~~---------------------Publisher:
Vendor:
Type of Material: (Check the appropriate box}
C Educational Software
C Textbook- needs to be delivered to the Campbell Warehouse
Supplemental Material- needs to be delivered to the Campbell Warehouse
C
Occasional Use- Doesn't need Board Approval
Select the appropriate item:
IT
Student Edition
r
Teacher's Edition
[""
Teacher Resource Kit
-------------------------------
rz:
Title:
Author(s):
Copyright year:
Price:
Subject:
Grade(s):
Publisher:
Vendor:
~ Textbook- needs to be delivered to the Campbell Warehouse
C Supplemental Material- needs to be delivered to the Campbell Warehouse
C Occasional Use- Doesn't need Board Approval
C Student Edition
C
Teacher's Edition
C
--------------------------
----------------------------
-------------------------
---------------------------------------
Title:
Author(s):
Copyright year:
---------------------------ISBN (10 or 13 digits):
Price:
----------------------------- Grade(s):
Subject:
Publisher:
Vendor:
Type of M~terial: (Check the appropriate box)
r:: Educational Software
_c_ Supplemental Material- needs to be delivered to the Campbell Warehouse
[J
Student Edition
C
Teacher's Edition
[""
---------------------------------------
TXT1002
Revised: 12113/12
Textbooks I Tucson Unified School District
1010 E. 10th St., Tucson, AZ 85719 1 Phone (520) 225-4663
http://www.tusd1.org/
2 of 3

Page
131 of Material
226 Approval Form
Supplemental
Title:
Author(s):
Edition (1 5\ 2"d, 3'd, etc.):
Copyright year:
Price:
Grade(s):
Subject:
Publisher:
Vendor:
Type of Material: (Check the appropriate box)
____c_ Educational Software
C
Textbook- needs to be delivered to the Campbell Warehouse
____c_ Supplemental Material- needs to be delivered to the Campbell Warehouse
r; Student Edition
C.:
Teachers Edition
r
-----------------------------------------------------------------------------------------------
Title:
Author(s):
Edition (1st, 2"d, 3rd, etc.):
Copyright year:
--------------------------Price:
------------------------------- Grade(s):
Subject:
--------------------------------------Publisher:
Vendor:
[J Educational Software
Student Edition
C
Teachers Edition
_....:.r. . . .-
Use the additional pages sheet to add more titles.

Educational Rationale (Rationale needs to be done by requesting principal. Please X line if this statement is true.)
----
This request supports a Board adopted curriculum and the 2010 AZ Standards (aka Common Core).
Principal's name
Dr. Abel Morado, Assistant Superintendent of Secondary Education
Office Use only

Literacy or Math Specialists Comments:
Literacy or Math Specialist (Print name):
Approved by leadership Tea~

Assistant Superin endent or des1gnee
TXT1002
/O
I!tf}U
Date
Revised: 12113/12

3 of 3
Coversheet
MEETING OF:
October 22, 2013
TITLE:
Approval of High School Supplemental Materials - Occupied America: A History of Chicanos
ITEM #:
20
Information:
Study:
Action:
PURPOSE:
To request Governing Board approval to use supplementary materials in high schools - Occupied America: A History of Chicanos.

Supplementary materials will be used to support and enhance the delivery of Arizona State Standards in high schools for school year
2013-2014.
Achievement
Student Enrollment
PRESENTER(S):


District Budget
State/Federal Funds
Other
Budget Code
Budget Cost
Date
Coversheet

Code:
Fund:
INITIATOR(S):

Instruction
Name
Title
10/18/2013
Date
BOARD AGENDA ITEM

CONTINUATION SHEET
http:/ / boardagenda/ Biuesheet.aspx?ItemiD= 4495&MeetingiD= 167[10/ 21/ 2013 11:22:03 AM]

Page
134 of Material
226 Approval Form
Supplemental
School Name: ~P....;;u;;,.;;;e~b.;...;;;lo__;M...;;.;..;;;.;;ag.o~.:n...:....:e:...;;.t..;_H,;.;.aig;,r.;;.h..;_S,;:;..c.::....:.h...:....:o:....::o..;_l_ _ _ _ _ Dept:

Requestor: Josephine Rincon
Leadership Office: (Check the appropriate office)
Es
Ms
IZ
Hs
Phone #:
225-6422
__c:_ JTED
Title: Occupied America: A History of Chicanos

Author(s): Rodolfo Acuna
Edition (15t, 2"d, 3'd, etc.):
year:
----------------------------- Copyright
Price:
------------------------------- Grade(s): 11
American History
Subject:
~-----------------------Publisher:
Vendor:
C
Educational Software
rz: Supplemental Material- needs to be delivered to the Campbell Warehouse
[{:
Student Edition
r
Teacher's Edition
C
Title:
Author(s):
Copyright year:
------------------------Price:
Grade(s):
Subject:
Publisher:
Vendor:
C. Occasional Use- Doesn't need Board Approval
C
Student Edition
C
Teacher's Edition
--------------------------
-----------------------------------------------------------------
Title:
Author(s):
Copyright year:
Edition (1 5\ 2"d, 3'd, etc.):
--------------------------Price:
----------------------------- Grade(s):
Subject:
Publisher:
Vendor:
[J
Student Edition
C
Teacher's Edition
C
---------------------------------------
Revised: 12113/12
TXT1002
Textbooks 1 Tucson Unified School District
2 of 3
TUSDCase 4:10-cv-00623-AWT
Title:
Author(s):
Edition (15t, 2"d, 3rd, etc.):
Document 356 Filed 09/26/16 TUSO

Page
135 of 226
Supplemental
Material Approval Form
Copyright year:
Price:
Grade(s):
Subject:
Publisher:
Vendor:
_c_ Educational Software
___b._ Textbook- needs to be delivered to the Campbell Warehouse
___b._ Occasional Use- Doesn't need Board Approval
C Student Edition
Teacher's Edition
---------------------------
-------------------------------------------------------------------
Title:
Author(s):
year:
--------------------------- Copyright
Price:
----------------------------- Grade(s):
Subject:
--------------------------------------Publisher:
Vendor:
____c_ Textbook- needs to be delivered to the Campbell Warehouse
__c_ Supplemental Material- needs to be delivered to the Campbell Warehouse
_ __,:;r. . . ;_
. Student Edition
c Teacher's Edition
1

Educational Rationale (Rationale needs to be done by requesting principal. Please X line if this statement is true.}
-------
Principal's name
Office Use only

literacy or Math Specialists Comments:
Literacy or Math Specialist (Print name}:
;o
Assistant
/;I ).f-:1
Date
TXT1002
Revised: 12113/12
3 of 3
Coversheet
MEETING OF:
October 22, 2013
TITLE:
Approval of High School Supplemental Materials - Message to Aztlan
ITEM #:
21
Information:
Study:
Action:
PURPOSE:
To request Governing Board approval to use supplementary materials in high schools - Message to Aztlan.

2013-2014.
Achievement
Student Enrollment
PRESENTER(S):


District Budget
State/Federal Funds
Other
Budget Code
Budget Cost
Date
Coversheet

Code:
Fund:
INITIATOR(S):

Instruction
Name
Title
10/18/2013
Date
BOARD AGENDA ITEM

CONTINUATION SHEET

School Name:

Page
138 of Material
226 Approval Form
Supplemental
Palo Verde Magnet High School
Requestor: Joanna Goldberg

ES
MS
[I
HS
Dept:
Phone #:
225-6422
___c_ JTED
Title: Message to Aztlan

Author(s): Rodolfo 11 Corkv 11 Gonzales
Copyright year:
Price:
Subject: ...::;E;;.;..n;.;:ogr.;.;.lis.;;;.;:h~---------------- Grade(s): """""1-=0_ _ _ _ _ _ _ _ _ __

Publisher:
Vendor:
-C- Educational Software .
[[ Supplemental Material- needs to be delivered to the Campbell Warehouse
1Z
Student Edition
r
Teacher's Edition
r
Title:
Author(s):
Copyright year:
Price:
Subject:
Grade(s):
Publisher:
Vendor:
C Student Edition
r: Teacher's Edition
C
----------------------------------------------------
-------------------------
--------------------------------------
Title:
Author(s):
Edition (15t, 2"d, 3rd, etc.):
Copyright year:
Price:
----------------------------- Grade(s):
Subject:
-------------------------------------Publisher:
Vendor:
__c_ Textbook- needs to be delivered to the Campbell Warehouse
__c_ Supplemental Material- needs to be delivered to the Campbell Warehouse
[J Occasional Use- Doesn't need Board Approval
C::
Student Edition
C
Teacher's Edition
r
---------------------------
TXT1002
Revised: 12113/12
2 of 3

Page
139 of Material
226 Approval Form
Supplemental
Title:
Author(s):
Copyright year:
Price:
Grade(s):
Subject:
Publisher:
Vendor:
_c__ Supplemental Material..:.. needs to be delivered to the Campbell Warehouse
C:: Occasional Use- Doesn't need Board Approval
C Student Edition
C
Teacher's Edition
r
---------------------------------------------------------------------------------------------
Title:
Author(s):
---------------------------
Copyright year:
Price:
Grade(s):

Subject:
--------------------------------------Publisher:
Vendor:
____h_ Educational Software
C . Textbook- needs to be delivered to the Campbell Warehouse
_L_ Supplemental Material- needs to be delivered to the Campbell Warehouse
Q
-"""""r_._ Student Edition
C
Teacher's Edition
r Teacher Resource Kit
------------------------------

----
Principal's name
Office Use only

Approved by Leade~
/J /to~_;>
gnee
Date
Re~sed:
TXT1002
12/13/12
3 of 3
Coversheet
MEETING OF:
October 22, 2013
TITLE:
Approval of High School Supplemental Materials - Chicano! The History of the Mexican Civil Rights Movement
ITEM #:
22
Information:
Study:
Action:
PURPOSE:
To request Governing Board approval to use supplementary materials in high schools - Chicano! The History of the Mexican Civil
Rights Movement.

2013-2014.
Achievement
Student Enrollment
PRESENTER(S):

District Budget
State/Federal Funds
Other

Date
Coversheet

Budge t Cost

Code:
Fund:
Budget Code
INITIATOR(S):

Instruction
10/18/2013
Name
Date
Title
BOARD AGENDA ITEM

CONTINUATION SHEET
http:/ / boardagenda/ Biuesheet.aspx?ItemiD= 4498&MeetingiD= 167[10/ 21/ 2013 11:25: 15 AM]

School Name:
Rincon High School

Veronica Encinias

Page
142 of Material
226 Approval Form
Supplemental
Requestor:
ES
MS
HS
Dept:
Phone #:
225-6422
____c_ JTED
Title: Chicano! The History of the Mexican Civil Rights Movement

Author(s): Arturo Rosales
Edition (1st, 2"d, 3rc:t, etc.):
Copyright year:
-------------------------------------------- Price:
Subject: -=E:..:...n.:...::lgL.:.:.Iis.:.;h~---------------- Grade(s): . . ;:;9_ _ _ _ _ _ _ _ _ _ __
Publisher:
Vendor:
fZ: Supplemental Material- needs to be delivered to the Campbell Warehouse
___b_ Occasional Use- Doesn't need Board Approval
1Z
Student Edition
r
Teacher's Edition
r
Title:
Author(s):
Copyright year:
--------------------------------ISBN (10 or 13 digits):
Price:
Subject:
Grade(s):
Publisher:
Vendor:
[J
[j
C Student Edition
C
Teacher's Edition
["
------------------------------------------------------
---------------------------------------
Title:
Author(s):
year:
------------------------------ Copyright
------------------------------- Price:
Subject: - - - - - - - - - - - - - - - - - - - - Grade(s):
Publisher:
Vendor:
____Q__ Textbook- needs to be delivered to the Campbell Warehouse
_g_ Occasional Use- Doesn't need Board Approval
C Student Edition
C
Teacher's Edition
C
TXT1002
Revised: 12113/12
2 of 3

Page
143 of Material
226 Approval Form
Supplemental
Title:
Author(s):
Copyright year:
Price:
Grade(s):
Subject:
Publisher:
Vendor:
r Student Edition
C
Teacher's Edition
I
---------------------------------------------------------------------------------------------
Title:
Author(s):
Copyright year:
--------------------------Price:
------------------------------ Grade(s):
Subject:
Publisher:
Vendor:
_ ___,!.......;._ Student Edition
C
Teacher's Edition
1
---------------------------------------

----
Principal's name
Office Use only

Approved by Leadership T~m~

Assistant Supenntendent or designee
TXT1002
Date
Revised: 12113/12

3 of 3
Coversheet
MEETING OF:
October 22, 2013
TITLE:
Approval of High School Supplemental Materials - Rethinking Columbus: The Next 500 Years
ITEM #:
23
Information:
Study:
Action:
PURPOSE:
To request Governing Board approval to use supplementary materials in high schools - Rethinking Columbus: The Next 500 Years.

2013-2014.
Achievement
Student Enrollment
PRESENTER(S):


District Budget
State/Federal Funds
Other
Budget Code
Budget Cost
Date
Coversheet

Code:
Fund:
INITIATOR(S):

Instruction
Name
Title
10/18/2013
Date
BOARD AGENDA ITEM

CONTINUATION SHEET
TUSD
School Name:
TUSD Supplemental Material Approval Form
Sahuaro High School

Penny Buckley
Dept:
Requestor:
ES
___Q_
MS
1!J
HS
Phone #:
225-6422
JTED
Title: Rethinking Columbus: The Next 500 Years

Author(s): Bill Bigelow
Copyright year:
Price:
Subject: -=E:.:..n:o::::~a~,.:.:;lis:.:h.:,__________________ Grade(s): . . :1. . :.1_ _ _ _ _ _ _ _ _ __
Publisher:
Vendor:
__Q_ Textbook- needs to be delivered to the Campbell Warehouse
17)
___Q__ Occasional Use- Doesn't need Board Approval
17:
Student Edition
D
Teacher's Edition
Q
Title:
Author(s):
-------------------------
---------------------------
Copyright year:
Price:
-----------------------
Subject: ------------------___;________ Grade(s): - - - - - - - - - - - - - - - - - - - - - - - Publisher:

Vendor:
___Q__ Textbook- needs to be delivered to the Campbell Warehouse
[j
_Q_ Occasional Use- Doesn't need Board Approval
[j
Student Edition
D
Teacher's Edition
C
Title:
Author(s):
Copyright year:
Price:
---------------------------- Grade(s):
Subject:
Publisher:
Vendor:
D Educational Software
__o_ Supplemental Material- needs to be delivered to the Campbell Warehouse
_Q_ Occasional Use- Doesn't need Board Approval
D
Student Edition
0
Teacher's Edition
C
-------------------------
-----------------------------
TXT1002
Revised: 12/13/12
http: I lwww. tusd1.org/
2 of 3
TUSD
Title:
Author(s):
year:
-------------------------- Copyright
Price:
Grade(s):
Subject:
Publisher:
Vendor:
D
_bL_ Textbook- needs to be delivered to the Campbell Warehouse
_bL_ Supplemental Material- needs to be delivered to the Campbell Warehouse
_bL_ Occasional Use- Doesn't need Board Approval
0
Student Edition
C
Teacher's Edition
[J
-----------------------------
---------------------------------------
Title:
Author(s):
year:
-------------------------- Copyright
Price:
Subject:
--------------------------------------- Grade(s):
Publisher:
Vendor:
___g_ Educational Software
___g_ Textbook- needs to be delivered to the Campbell Warehouse
___CL_ Supplemental Material- needs to be delivered to the Campbell Warehouse
___g_ Occasional Use- Doesn't need Board Approval
_____.O=.J- Student Edition
D
Teacher's Edition
-----------------------------

-------
Principal's name
Office Use only

Approved by Leadership Tea~

Assistant
Su~
/O /;C""/;J
Date
Re~sed:
TXT1002
1010 E. 10th St., Tucson, AZ 85719 I Phone (520) 225-4663
12/13/12
3 of 3
Coversheet
MEETING OF:
October 22, 2013
TITLE:
Approval of High School Supplemental Materials - Critical Race Theory
ITEM #:
24
Information:
Study:
Action:
PURPOSE:
To request Governing Board approval to use supplementary materials in high schools - Critical Race Theory.

2013-2014.
Achievement
Student Enrollment
PRESENTER(S):


District Budget
State/Federal Funds
Other
Budget Code
Budget Cost
Date
Coversheet

Code:
Fund:
INITIATOR(S):

Instruction
Name
Title
10/18/2013
Date
BOARD AGENDA ITEM

CONTINUATION SHEET
TUSD
School Name:
Pueblo Magnet High School
Requestor: Sally Rusk

Phone #:
--~----------------------Leadership Office: (Check the appropriate office)
ES
MS
IZ
HS
Dept:
225-4300
JTED
Title: Critical Race Theory

Author(s): Richard Delgado
Edition (1st, 2nd, 3rd, etc.):
year:
----------------------------- Copyright
Price:
------------------------------- Grade(s): 11th
American History
Subject:
~~--------------------Publisher:
Vendor:
_g_ Textbook- needs to be delivered to the Campbell Warehouse
IZ Supplemental Material- needs to be delivered to the Campbell Warehouse
IZ
Student Edition
C
Teacher's Edition
C
Title:
Author(s):
Copyright year:
Price:
---------------------------- Grade(s):
Subject:
Publisher:
Vendor:
L
C Student Edition
C
Teacher's Edition
r:: Teacher Resource Kit
--------------------------
-------------------------
-------------------------------------
-----------------------------
Title:
Author(s):
Copyright year:
Price:
Grade(s):
Subject:
Publisher:
Vendor:
[J
___[J_ Supplemental Material- needs to be delivered to the Campbell Warehouse
D Occasional Use- Doesn't need Board Approval
D
Student Edition
C
Teacher's Edition
C
--------------------------------------------------------------------------------------------
TXT1002
Revised: 12/13/12
1010 E. 10th St., Tucson, AZ 85719 I Phone (520) 225-4663
http:/ /www.tusd1.org/
2 of 3
TUSD
TUSD Supplemental Mat erial Approval Form
Title:
Author(s):
Copyright year:
---------------------------ISBN (10 or 13 digits):
Price:
------------------------------Grade(s):
Subject:
----------------------------------------Publisher:
Vendor:
_c._ Educational Software
_c._ Textbook- needs t o be delivered to the Campbell Warehou se
_c_ Supplemental Material- needs to be delivered to the Ca mpbell Warehouse
I
Occasional Use - Doesn't need Board Approval
Select the appropriate item :
Teacher's Edition - - - -I ' - - - Teacher Resource Kit
I
Student Edition
I
Title:
Author(s) :
Copyright year:
---------------------------Price:
-------------------------------
Subject: --------------------------------------- Grade(s):

Publisher:
Vendor:
I
Educational Softwa re
I
_c::__ Supp lemental Material- needs to be delivered to the Campbell Warehouse
_r_ Occasional Use- Doesn't need Board Approval
Teacher's Edition -----'----I
Student Edition
I
I
---'-----

Educational Rationale (Ra t ionale needs to be done by requesting principal. Please X line if this statement is true.)
--------
This request supports a Board adopted curriculum and t he 2010 AZ Standards (aka Common Core).
Principal' s name
Office Use only

Literacy or Math Specia lists Comments:

Approved by Lea~
(~
---
TXT1002
Date
Revised: 12/ 13/ 12

1010 E. 10th St., Tucson, AZ 85719 1 Phone (520) 225 -4663
http:/ /www.tusd1.or g/
3 of 3
Coversheet
MEETING OF:
October 22, 2013
TITLE:
Approval of High School Supplemental Materials - Pedagogy of the Oppressed
ITEM #:
25
Information:
Study:
Action:
PURPOSE:
To request Governing Board approval to use supplementary materials in high schools - Pedagogy of the Oppressed.

2013-2014.
Achievement
Student Enrollment
PRESENTER(S):


District Budget
State/Federal Funds
Other
Budget Code
Budget Cost
Date
http://boardagenda/Bluesheet.aspx?ItemID=4499&MeetingID=167[10/21/2013 12:01:06 PM]
Coversheet

Authorized w ith School Board approval
Code:
Fund:
INITIATOR(S):

Instruction
Name
Title
10/18/2013
Date
BOARD AGENDA ITEM

CONTINUATION SHEET
http:/ / boardagenda/ Biuesheet.aspx?ItemiD= 4499&MeetingiD= 167[10/ 21/ 2013 12:01:06 PM]
TUSD
School Name:
Pueblo Magnet High School
Requestor: Sally Rusk

Phone #:
~~~~~----------------Leadership Office: (Check the appropriate office)
ES
MS
[T-
HS
Dept:
225-4300
JTED
Title: Pedaooov of the Oppressed

Author(s): Paulo Fiere
year:
---------------------------- Copyright
Price:
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Grade(s): 1Oth and 11th

Subject: World History and American History
Publisher:
Vendor:
IT Supplemental Material- needs to be delivered to the Campbell Warehouse
17'"
Student Edition
Teacher's Edition
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Title:
Author(s):
Copyright year:
Price:
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Subject:
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C Student Edition
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Teacher's Edition
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Title:
Author(s):
Copyright year:
Price:
----------------------------Subject:
Grade(s):
Publisher:
Vendor:
_c.._ Educational Software
_c.._ Textbook- needs to be delivered to the Campbell Warehouse
_c__ Supplemental Material- needs to be delivered to the Campbell Warehouse
D Occasional Use- Doesn't need Board Approval
C
Student Edition
C
Teacher's Edition
C
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TXT1002
Revised: 12/_13/12
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TUSD
Title:
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Copyright year:
Price:
Subject: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Grade(s):
Publisher:
Vendor:
~ Educational Software
~ Textbook- needs to be de livered to the Campbell Warehouse
~ Supplemental Material- needs to be delivered to t he Campbell Wa rehouse
I
Occasional Use- Doesn't need Board Approva l
Teacher's Edition ---'----1
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Student Edition
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Title:
Author(s):
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Price:
- - - - - -- - -- - - - - - - Subject: _ _ _ __ _ _ _ _ _ _ __ _ _ __ _ _ _ Grade(s):
Publisher:
Vendor:
Type of Material : (Check the appropriate box)
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_c_ Supplemental Material - needs to be delivered to the Campbell Warehouse
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Teache r's Edition
1 Student Edition
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Educational Rationale (Rationale needs to be done by requesting principal. Please X lin e if this statem ent is true.)
Prin cipal's name
Office Use only

Literacy or Math Specia list (Print name):

Approved by Le;dersh ~~
~;;;Superintendent
or designee
TXT1002
Date
Revised: 12 / 13/ 12

1010 E. 10th St. , Tucson, AZ 85719 1 Phone (520) 225-4663
http: //www. tusd 1.or g/
3 of 3
EXHIBIT F

From:
To:
CC:
Sent:
Subject:
LeFevre, Andrew
Huppenthal, John; Hibbs, Elliott; Stollar, John; Morley, Stacey; Ducharme, Ryan
Bianchi, Merle
1118/2012 10:10:18 AM
TUSD Press Release on Books Being Taken Out of Classes
TUSD
NEWS RELEASE
For Immediate Release
Contact:
Cara Rene
Director of Communications
Cara. Rene@tusd1.org
(520) 225-6101
Reports of TUSD book ban completely false and misleading
Tucson, AZ, Jan 17,20 II -Tucson Unified School District has not banned any books as has been widely and
incorrectly reported.
Seven books that were used as supporting materials for curriculum in Mexcian American Studies classe s have been
moved to the district storage facility because the classes have been suspended as per the ruling by Arizona
Superintendent for Public Instruction John Ruppenthal. Superintendent Ruppenthal upheld an Oftlce of
Adminstriation Hearings' ruling that the classes were in violation of state law ARS 15- 112.
The books are:
Critical Race Theory by Richard Delgado
500 Years of Chicano History in Pictures edited by Elizabeth Martinez
Message to AZTI..AN by Rodolfo Corky Gonzales
Chicano! The History of the Mexican Civil Rights Movement by Arturo Rosales
Occupied America : A HistOI)' of Chicanos by Rodolfo Acuna
Pedagogy of the Oppressed by Paulo Freire
Rethinking Columbus: The Next 500 Years by Bill Bigelow
NONE of the above books have been banned by TUSD. Each book has been boxed and stored as part of the process
of suspending the classes. The books listed above were cited in the ruling that found the classes out of compliance
with state law.
Every one of the books listed above is still available to students through several school libraries. Many of the
schools where Mexican American Studies classes were taught have the books available in their libraries. Also, all
students throughout the district may reserve the books through the library system .
Other books have also been falsely reported as being banned by TUSD. It has been incorrectly reported that William
Shakespeare's "The Tempest" is not allowed for instruction. Teachers may continue to use materials in their
classrooms as appropriate for the course curriculum. "The Tempest" and other books approved for curriculum are
still viable options for instructors.
The suspended Mexican American Studies classes were converted last week to standard grade-level courses with a
general curriculum featuring multiple perspectives, as per the directive by the state superintendent. Students
remained in classes with their teachers, who are now teaching general curriculum .
ADE014408

As the district has taken action to comply with the order from the state, the goal of the district has continued to be to
prevent disruption to student learning. Books used as instructional materials in the former Mexican American Studies
classes were collected only from classrooms in schools where the courses were taught. Again, all the books are still
available to students through the TUSD library system.
In one instance, at Tucson High Magnet School, materials were collected from a filing cabinet while students were in
class though teaching did not stop during the process.
Tucson High Magnet School Principal Dr. Abel Morado acknowledges that the gathering of materials could have
been accomplished outside of class time in all instances.
"We had a directive to be in compliance with the law and acted quickly to meet that need," says Morado. " Part of
that directive is communicating with teachers, students and parents, and collecting materials. We regret that in one
instance materials were collected during class time."
# # #
Andrew T. LeFevre
Director of Public Relations
Office of Communications & Innovation
Arizona Department of Education
602-364-2425
602-542-5072 (press line)
andrew.lefevre@azed.gov
...
"ff\;--.Y A
r i z o n a
~ Department of Education
Our mission is "To serve Mzona's education community, ensuring every student has acct>ss to an exct>llent education."
NOTK::E : Thi~ e-mail (and any ut1achmanb) ma; c:mtoin PRMLEGED OR CONFIDENTL"L infJtmation anj i> in!Qnj ed onty for the use of tho o pec~ic indvijua!(s) to vhom ~
is addressed. ~ may cont ain information that is privi:eged and co ~fidentb l under state l nd federa l law. Thi> information ma; ba w; ed or disclosed only in accordance with law.
and you may be subject tc p enaltie!> un:1er bw for improper use C>r furthe r disc losure of the inform :>tron in this c-moil and rt:; ltlachments. r yau have rocoi'ted this e-mail in
error. ple J se lmn1edio tely notify tho p vrs.on n.:une d above by re ply em:lil. and then del-3t e the orlgin.:1l J-mail.
Th::m~
yo u .
ADE014409
EXHIBIT G
--~~-
--<- -
Leonard, Maggie
From:
Sent
To:
Subject:
Arce, Martin
Wednesday, January 18, 20!2 2:57 PM
'seanarce@comcast.net' .
FW: Letter to staff 01.18.12
From: Bynum, Karen On Behalf Of Pedlcone, John

Sent: Wednesday, January 18, 2012 2:54 PM
Subject: Letter to staff 01.18.12
John J. Pedicone, Ph.D.

Superintendent
January 18, 2012
Dear Faculty and Staff:

You may have seen news reports or Internet blogs about a book ban at
TUSD. Those reports are completely false. There are no books being
banned in the district.
Seven books that were used as supporting materials for curriculum in
Mexican American Studies classes have been moved to the district storage
facility because the classes have been suspended as per the ruling by
Arizona Superintendent for Public Instruction John Huppenthal.
Superintendent Huppenthal upheld an Office of Administrative Hearings'
ruling that the classes were in violation of state law ARS 15-112.
The affected books are:
Critical Race Theory by Richard Delgado
500 Years of Chicano History in Pictures edited by Elizabeth Martinez
DiMte L Lynch, CSR "9521
TUSO-ARCE 0476
----------- --------------------
- -Filed
- -09/26/16
- - - - Page
- -161
- of-226
-Case
4:10-cv-00623-AWT
Document 356
Message to AZTLAN by Rodolfo Corky Gonzales

Chicano! The History of the Mexican Civil Rights Movement by Arturo
Rosales
Occupied America: A History of Chicanos by Rodolfo Acuna
Pedagogy of the Oppressed by Paulo Freire
Rethinking Columbus: The Next 500 Years by Bill Bigelow
None of the above books have been banned by TUSD. Each book has been
boxed and stored as part of the process of suspending the classes. The
books listed above were cited in the ruling that found the classes out of
compliance with state law.
Every one of the books listed above is still available to students through
several school libraries. Many of the schools where Mexican American
Studies classes were taught have the books available in their libraries. Also,
all students throughout the district may reserve the books through the_library
system.
Other books have also been falsely reported as being banned by TUSD. It
has been incorrectly reported, for instance, that William Shakespeare's "The
Tempest" is not approved for instruction. Teachers may continue to use
materials in their classrooms as appropriate for the course curriculum . "The
Tempest" and other books approved for curriculum are still viable options for
instructors.
Unfortunately, these false reports are appearing on numerous sites across
the Internet. We have issued a media release correcting the misinformation
and are taking steps to make news entities aware that there is no ban. We
know that many parents of our students may have concern over what they
may have seen in regards to a book ban. Please be assured that we are
doing what we can to get the word out that the reports are completely false.
Finally, as you can imagine, these are very difficult situations that are made
more difficult by information from sources that are not always reliable. We
will make every effort to provide the truth as quickly as we can. I can only
ask that you suspend your opinions when these situations arise until we can
provide an accurate response .
2
TUSD-ARCE 0477
- -- -.
_..
John Pedicone
71U_-.,:_:.
:11
Confidentiality Notice: This e-mail message contains Information which may be confidential and privileged and is
covered by the Electronic Communications Privacy Act, 18 U.S.C. 2510-252 1 and is legally privileged. Unauthorized
review, use, disclosure or distribution is strictly prohibited Unless you are the addressee (or authorized to receive for the
addressee), you may not use, copy or disclose to anyone the message or any information contained in the message. If
you have received the message in error, please adv1se the sender by calling (520) 225-6060 or by reply e-mail, and
destroy all copies of the message.
TUSD-ARCE 0478
-----
EXHIBIT H
No. 4:10-cv-00623-AWT
4
5
6
MAYA ARCE,
Plaintiff,
vs.

Public Instruction, in her
Official Capacity, et al.,
10
11
Defendants.
)
)
)
)
)
)
)
)
)
)
)
12
13
30(b)(6) VIDEOTAPED DEPOSITION OF TUCSON UNIFIED
14
SCHOOL DISTRICT NO. 1 BY AND THROUGH ABEL MORADO,
15
Ph.D.
16
TUCSON, ARIZONA
17
February 29, 2016
18
Volume 2 (Pages 78 - 140)
19
20
21
ATKINSON-BAKER, INC.
COURT REPORTERS
(800) 288-3376
www.depo.com
22
23
REPORTED BY:
24
25
NANCY P. RICHMOND, RPR,

CSR NO. 50864
FILE NO.:
AA02157
Page 78
Atkinson-Baker Court Reporters
www.depo.com

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09:45:37
A. By ADE?
09:48:13
A. That is correct.
09:45:39
Q. Yes, sir.
09:48:13
Q. And there was also at some point during
09:45:40
A. That's correct.
09:48:13
that same time frame a collection of all the MAS
09:45:43
Q. Is it fair to say then you're just
09:48:16
materials, including classroom books?
09:45:51
A. That is correct.
09:45:54
Q. And you're doing those steps because of
09:45:57
the Huppenthal order adopting the ALJ finding and
09:45:59
imposing the sanction?
09:46:06
09:46:08
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had some -- we had some direction from the school
09:48:30
A. I believe that was the case, yes.
09:46:08
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district. To me, a vacuum means no one is making
09:48:33
Q. So shutting down the program was it your
09:46:13
12
decisions; there is no knowledge; there's nothing.
09:48:38
understanding was an attempt by TUSD to avoid the
09:46:15
13
Q. Let me -- let me clarify the question for
09:48:41
ten percent loss of state revenue --
09:46:18
14
you. What I meant by a vacuum was essentially
09:48:43
09:46:22
15
Tucson Unified School District is left to figure out
09:48:46
Q. -- state funds?
09:46:22
16
on its own, within its -- its staff, within its
09:48:51
A. We had to adhere to the law, and avoiding
09:46:23
17
administrators, what to do in terms of eliminating 09:48:56
the penalty, the financial penalty, certainly was
09:46:31
18
the Mexican-American studies program under the
09:49:02
prominent in the decision.
09:46:35
19
circumstances.
09:49:04
09:46:39
20
these materials, implementing the shutdown of the
09:46:44
21
Mexican-American studies program, to your knowledge
09:46:46
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transition, that that was my understanding, simply
09:49:11
is there any specific communication or
09:46:51
23
because I wasn't getting anything from the state. I
09:49:15
communications from the Arizona Department of
09:46:54
24
was getting things from -- I was getting things from
09:49:17
Education providing any guidance on how that should
09:46:58
25
my school district in terms of what steps to take.
09:49:21
materials?
MR. ELLEL: Form, foundation.
MR. ELLEL: Form and foundation.
Q. And so as you're -- as you're collecting
09:48:19
operating in a vacuum --
09:48:22
MR. ELLEL: Form.
09:48:26
MR. ELLEL: Same.
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09:48:27
A. I -- I don't know how to answer that. We
09:49:06
MR. ELLEL: Form.

A. Based on me being a principal and in
Page 115
1
09:48:23
Q. -- information vacuum?
09:49:07
Page 117
09:47:04
09:47:07
classes teachers, such as -- I afraid I'm going to
09:49:32
A. No.
09:47:07
miss my call --
09:49:39
Q. -- that you're made aware of?
09:47:08
A. That I'm -- that I'm aware of, that's
09:47:10
Q. With respect to the other MAS classes
09:49:40
09:47:12
teachers, such as Ms. Federico, you also had an
09:49:45
Q. So you're not being told, as the site
09:47:13
opportunity to observe her in the classroom?
09:49:49
administrator of Tucson High, who is, I think,
09:47:15
A. Yes.
09:49:51
already selected in your role as the assistant
09:47:17
Q. Did you believe she, too, was an educator
09:49:52
superintendent, what ADE is looking for with respect
09:47:22
10
who was performing in a manner that you found highly 09:49:56
to how do you shut this program down, what you
09:47:26
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acceptable?
should or should not do?
09:47:28
12
A. Yes.
09:50:01
09:47:32
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Q. And with respect to Ms. Federico, did you
09:50:01
09:47:33
14
ever see her doing anything in the classroom,
09:50:04
09:47:40
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specifically in MAS class, that you thought promoted
09:50:06
Q. Sure. Let me -- let me rephrase it. In
09:47:45
16
resentment towards a race or class of people?
09:50:15
your capacity, either as a principal or as a newly
09:47:47
17
A. No.
09:50:18
appointed assistant superintendent, you're not made
09:47:50
18
Q. Or was attempting to offer a course or
09:50:20
aware of any guidance being provided by the Arizona
09:47:54
19
classes designed primarily for pupils of a
09:50:24
Department of Education as to what TUSD should do in
09:47:58
20
particular ethnic group?
09:50:27
its implementation of the shutdown of the
09:48:02
21
A. No.
09:50:28
Mexican-American studies program --
09:48:06
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Q. Or that was intended to advocate ethnic
09:50:29
09:48:10
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solidarity instead of treatment of pupils as
09:50:33
A. By --
09:48:11
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individuals?
09:50:35
Q. Is that correct?
09:48:12
25
A. No.
happen -MR. ELLEL: Form and foundation.
correct, no.
MR. ELLEL: Form and foundation.

A. You said what ADE is looking at. I didn't
understand that.
MR. ELLEL: Form.
Q. All right. With respect to the other MAS
09:49:40
MS. SEGAL: Yeah.
Page 116
09:49:26
09:50:00
09:50:36
Page 118
11 (Pages 115 to 118)

www.depo.com
EXHIBIT I
No. 4:10-cv-00623-AWT
4
5
6
MAYA ARCE,
Plaintiff,
vs.

Public Instruction, in her
Official Capacity, et al.,
10
11
Defendants.
)
)
)
)
)
)
)
)
)
)
)
12
13
30(b)(6) VIDEOTAPED DEPOSITION OF TUCSON UNIFIED
14
SCHOOL DISTRICT NO. 1 BY AND THROUGH ABEL MORADO,
15
Ph.D.
16
TUCSON, ARIZONA
17
February 12, 2016
18
19
20
ATKINSON-BAKER, INC.
COURT REPORTERS
(800) 288-3376
www.depo.com
21
22
23
REPORTED BY:
24
25
NANCY P. RICHMOND, RPR,

CSR NO. 50864
FILE NO.:
A90DE19

www.depo.com
Page 1

1
Q. And you still have -- I see Exhibit 116
17:42
2 open in front of you. Does it appear that this
17:42
3 letter from Dr. Pedicone was written in response and
17:42
4 in order to show TUSD's efforts to comply with the
17:42
5 assurances contained in Exhibit 116?
17:42
17:42
MR. MARTINEZ: Form, foundation.
A. Yes.
17:42
Q. And to your knowledge, Dr. Morado, was
17:42
9 TUSD doing the things that are represented in this
17:42
10 letter, Exhibit 118?
17:42
11
A. Yes.
17:42
12
Q. Dr. Morado, in the home stretch; I promise
17:42
13 you. I do want to go quickly back, though, to
17:43
14 Exhibit 115, if you would, and that was -- the cover
17:43
15 page is an email from Karen Bynum to John Huppenthal
17:43
16 and L.A. Hibbs.
17:43
17
A. Okay.
17:43
18
Q. And if you go to the last page of the
17:43
19 exhibit, which is the second page of the letter from
17:43
20 Dr. Pedicone to Mr. Huppenthal, dated January 23rd,
17:43
21 2012, and we had talked about this earlier, the
17:43
22 second to last paragraph, the first sentence, "The
17:43
23 Mexican-American studies department continues to be
17:43
24 an organizational contributor to TUSD's commitment
17:43
25 to greater academic and social equity for Hispanic
17:43
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that.
A. I think over the course of the months and
the years, it has changed. I know that we adhered
to the mandates of the ruling. But your question
seems to be going towards, like, what we have now,
if I'm understanding it correctly, and maybe I'm not
understanding it. And so I'm having a hard time
understanding your question.
MS. SEGAL: Counsel, because of the
late hour, if I may interject, I think you're aware
that there is no more MAS studies, as is. And,
therefore, you're saying -- you know, you read the
sentence, and it talks with the assistance of MASD.
That's another issue. Input from there is the
Department of Education; that's another issue. You
wanted to come up to today, and you have now the
culturally relevant curriculum.
MR. ELLEL: Right.
MS. SEGAL: So that's -- we're
talking apples and slightly different apples.
THE WITNESS: I agree with your
assessment. Hence, my inability to understand your
question.
Q. Sure. So -- so today's curriculum for
TUSD in social studies, for what used to be MAS
Page 66
1 students." Do you see that?
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Page 68
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1 courses are now the culturally relevant curriculum;
17:46
A. Yes.
17:43
2 is that correct?
17:46
Q. And that was consistent with the governing
17:43
4 board's resolution from January 10, 2012; is that
17:43
5 correct?
17:43
5 outside the scope of the notice.
17:43
MR. MARTINEZ: Form.
A. That's correct.
17:46
MR. MARTINEZ: Form, foundation, and
17:46
17:46
Q. Dr. Morado, to your knowledge we had
17:46
A. Yes.
17:43
7 talked earlier about some books that had been
17:46
Q. Do you know if this process has continued?
17:44
8 removed from the classroom. I believe you were
17:46
17:44
9 quoted in a press release regarding that. To your
MS. SEGAL: Yeah. Form, foundation
17:44
10 knowledge have those books been officially adopted
17:47
17:44
11 by TUSD's governing board?
17:47
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13 apologize; I should have gone further. "With the
17:44
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A. I believe they have.
17:47
14 assistance of the Mexican-American student" --
17:44
14
Q. And to your knowledge teachers may use
17:47
15 "studies department and input from the Arizona
17:44
15 those books as part of their official curriculum; is
17:47
16 Department of Education, TUSD's social studies core
17:44
16 that correct?
17:47
17 curriculum will be revised to increase its coverage
17:44
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18 of Mexican-American history and culture, including a
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19 balanced presentation and diverse viewpoints on
17:44
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20 controversial issues." Do you see that?
17:44
20 Those are all the questions I have.
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Q. The -- the paragraph continues. I

A. I believe you are correct.
A. Yes.
17:44
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Q. Do you know if that process to revise the
17:44
22 you.
23 TUSD social studies core curriculum has happened?
17:44
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17:44
24 time, please?
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MS. SEGAL: I'll agree. I'll join
17:44
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17:47
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MR. ELLEL: Thank you, Dr. Morado.
21
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17:47
THE WITNESS: I appreciate it. Thank
17:47
17:47
MS. SEGAL: Could you tell us the
17:47
THE VIDEOGRAPHER: Six hours and
Page 67
17:47
17:47
Page 69

www.depo.com
18 (Pages 66 to 69)
EXHIBIT J
6
7
Robert S. Chang
pro hac
Fred T. Korematsu Center for Lavv and
Ronald A. Peterson Clinic
Seattle
School of Law
12 5 East Columbia Street, Law Annex
Seattle, Washington 98122-4 30
Telephone: (206) 398-4025
Facsimile:
398-4261
10
11
12
Counsel for Plaintiffs
EXHIBIT K
MARK BRNOVICH
OFFICE OF THE ARIZONA ATTORNEY GENERAL
ATTORNEY GENERAL
STATE GOVERNMENT DIVISION/EDUCATION AND HEALTH SECTION
LESLIE KYMAN COOPER

ASSISTANT ATTORNEY GENERAL
DIRECT: {602) 542-8349
LESLIE. C OOPER@AZAG. GOY
December 8, 2015
VIA E"MAIL
Richard M. Martinez
314 South Convent Avenue
Tucson, AZ 85701
richard@richardmartinezlaw.com
RobertS. Chang
Fred T. Korematsu Center for Law and
Equality
Seattle University School ofLaw
1215 East Columbia Street, Law Annex
Seattle, WA 98122"4130
changro@seattleleu.edu
James Quinn
Steve Reiss
WElL GOTSHAL & MANGES LLP
767 Fifth Avenue
New York, NY 10153
James.Quinn@weil.com
steven.reiss@wei l.com
Mary Kelly Persyn
Persyn Law & Policy
912 Cole Street, PMB 124
San Francisco, CA 94117
marykelly@persynlaw .com
Re: Deficiencies in Plaintiffs' Responses to First Set of Discovery Requests
Dear Counsel:
I write to address numerous deficiencies with respect to plaintiffs' responses to Defendants'
1275 WEST WASHINGTON STREET, PHOENIX, AZ 850072926 PHONE: (602) 642-1610 FAX: {602} 364-0700 WWW.AZAG.GOV

Counsel
Re: Deficiencies in Plaintiffs' Responses
Page 2 of4
First Set of Non-uniform Interrogatories, Defendants' First Request for Admissions and Defendants'
First Request for Production of Documents.
Deficiencies in Plaintiffs' Responses to First Set of Non-uniform Interrogatories
Defendants find all of plaintiffs' responses to be deficient, in that Plaintiffs rely on

boilerplate, non-specific objections, and repeat the same answer in response to intetTogatories that
seek substantially different information, See e.g., U.S. ex rel. 0 'Connell v. Chapman University, 245
F.R.D. 646, 649 (2007) (granting motion to compel discovery responses because, among other
reasons, boilerplate objections are not proper objections).
Defendants find Plaintiffs' responses to the following interrogatories to be wholly deficient:
1, 2, 3, 4, 11, 12, 15 and 16. Interrogatories 1 through 4 seek basic information about the facts
supporting the allegations in the complaint regarding the MAS program. They are proper contention
interrogatories, See Retiree Support Grp. of Contra Costa Cnty. v. Contra Costa Cnty., No. 12-cv00944-JST (MEJ), 2014 WL 7206849, at *3 (N.D. Cal. Dec, 18, 2014) ("The purpose of contention
interrogatories 'is to narrow the issues that wi11 be addressed at trial and to enable the propounding
party to detennine the proof required to rebut the respondent's position,"'). All of them are drawn
directly from the complaint and pertain to matters that Plaintiffs have indicated are relevant to this
action at this time. Defendants propounded these interrogatories for the purpose of getting
information about the specific facts that underlie Plaintiffs' allegations so that Defendants can
determine what proof to use to rebut Plaintiffs' allegations, These interrogatories are also
reasonable, given that they have been propounded after this dispute has been pending for more than
five years, and given that a substantial administrative record already exists, as does the legislative
tecord, Finally, and most importantly, Defendants are entitled to test the basis for the allegations of
the complaint, to enstJre that Plaintiffs have met their Rule 11 obligations. See 0 'Connell, 245
F.R.D. at 650 ("Rule 11 requires plaintiffs to have a basis for their allegations in the complaint, and
contention interrogatories seek information about that basis.").
Plaintiffs' objections\ that the information sought by Interrogatories 1 through 4 is equally
available to Defendants or available from non"party TUSD are inapplicable, Defendants seek
information about the Plaintiffs' basis for their own allegations made in their Complaint in 2010, and
repeated in their Second, Third and Fourth Amended Complaints. Plaintiffs are obligated to provide
this information,
Plaintiffs also direct Defendants to their own records and TUSD's records for information
responsive to Interrogatories 11 and 12. However, as with Interrogatories 1 through 4, Defendants
here seek information about the factual basis for the allegations made in the Complaint, information
to which Defendants are indisputably entitled. Plaintiffs' failure to provide any information at all
about the basis for their viewpoint discrimination claim leaves Defendants to engage in conjecture
regarding the facts upon which Plaintiffs base this claim. Plaintiffs' counsePs insistence that "all of
the facts" constitute the viewpoint discrimination claim is equally unavailing. Again, given the fiveyear history ofthis matter, Plaintiffs' failure to allow Defendants to test the basis of that claim is
inexcusable. Lastly, Plaintiffs' answer to Interrogatory 12 makes no sense, The Intenogatory seeks
information about the basis of the viewpoint discrimination claim. The answer repeats
(inappropriate) boilerplate objections and refers to information about a separate agency's approval of
1276 WEST WASHINGTON STREET, PHOENIX, AZ 85007-2926 PHONE: (602) 642-1610 FAX: (602) 364-0700 WWW.AZAG.GOV

Counsel
Page 3 of4
a charter school and TUSD information. Defendants fail to see how this response in any way
answers the interrogatory.
Plaintiffs' objection to Intenogatory 15 is also inappropriate. Plaintiffs respond that
information about the specific MAS teachers is within Defendants' possession, custody or control. It
is not. Again, plaintiffs' boilerplate objections are inappropriate and unavailing. Please provide the
requested information,
Additionally, Plaintiffs cannot answer interrogatories "on information and belief." See, e.g,
Interrogatory Responses 1, 4. Individual parties must provide "such information as is available to the
party." 0 'Connell, 245 F.R,D. at 650, quoting Fed. R. Civ. P. 33, Please amend any answer that
relies upon information and belief.
Also, please provide the required verifications at your earliest convenience.
Deficiencies in Plaintiffs' Responses to First Set of Requests for Admissions
Defendants find all of plaintiffs' responses to the requests for admissions to be deficient, as
Plaintiffs again rely on insufficient, non~specific, boilerplate objections. See, e.g., Arroyo v, Adams,
No. 1:11-cv-01186-AWI-DLB (PC), 2014 WL 1338900, at *2 (E.D. Cal. Apr. 2, 2014). As evety
response is the same series of boilerplate objections, with a non-responsive admission regarding the
language ofthe Kowal Decision, Defendants find each response to be wholly deficient.
Further, many of the general objections raised by plaintiffs are inappropriate to a request for
admission, The purpose of requests for admission is distinct from other forms of discovery in that
they are not seeking the production of specific information or materials. See, e.g,, Erie Ins, Prop, &
Cas, Co, v, Johnson, 272 F.R.D. 177, 183 (S.D. W.Va. 2010). Specifically, general objections 3, 4
and 5 are inapplicable to requests for admissions as they focus on the production of documents or
information, whereas the requests simply ask plaintiff to admit or deny the assettion. !d.
Plaintiffs' ''specific'' objections to each request are deficient pursuant to the terms of Rule
36(a)(4) because they do not adequately address the request or provide any detail for why the
plaintiffs cannot truthfully admit or deny the allegations. By only addressing the Kowal Decision
statement, Plaintiffs ignore the assertion in each request for admission which begins with the word
"admit." For example, RFA No. 1 asks Plaintiffs to "admit that the Department received complaints
regarding MASD,,, Plaintiffs' response doesn't ever address this assertion. "Parties may not view
requests for admission as a mere procedural exercise requiring minimally acceptable conduct. They
should focus on the goal of the Rules, full and efficient discovery, not evasion and word play."
Marchand v, Mercy Med. Ctr., 22 F.3d 933 (9th Cir. 1994). Each request for admission is tailored to
narrow the issues for trial and facilitate identifying the issues that are genuinely contested. Plaintiffs'
objections are inappropriate and require amendment to satisfy the obligations of the Federal Rules of
Civil Procedure.
Deficiencies in Plaintiffs' Responses to First Set of Request for Production.
As you know, amendments to the Federal Rules of Civil Procedure became effective on
1275 WEST WASHINGTON STREET, PHOENIX, AZ 85007-2926 PHONE: (602) 542-1610 FAX: (602) 3640700 WWW.AZAG,GOV

Counsel
Page 4 of4
December 1, 2015. We therefore request that Plaintiffs supplement their responses to Request for
Production to comply with amended Rule 34(b)(2)(B) and (C). In particular, Defendants request that
Plaintiffs identify whether they have withheld any documents that are responsive to a request on the
basis of any objection made therein and that objections be made with specificity.
Finally, Plaintiffs have not yet responded to our October 16, 2015 letter identifying numetous
deficiencies in Plaintiffs' Initial Disclosure. Defendants need the information that should have been
disclosed or provided in response to Defendants' discovery requests to conduct effective deposition
discovery; Defendants therefore request a response to this letter, as well as a response to the earlier
letter, no later than December 18.
LKC/mig
#4803608
1275 WEST WASHINGTON STREET, PHOENIX, AZ 85007-2926 PHONE: (602) 6421610 FAX: (602) 3640700 WWW.AZAG.GOV
EXHIBIT L
BY E-MAIL
December 23, 2015
767 Fifth Avenue

New York, NY 10153-0119
+1 212 310 8000 tel
+1 212 310 8007 fax
Luna Barrington
+1 (212) 310-8421
Luna.barrington@weil.com
Leslie Cooper, Esq.

Jordan Ellel, Esq.
Office of Arizona Attorney General Mark Brnovich
Education and Health Section
1275 West Washington
Phoenix, AZ 85007
Re:
Maya Arce, et al. v. Diane Douglas, et al.,

Case No. 10-CV-623 TUC-AWT (D. Ariz.)
Dear Ms. Cooper:

We write in response to your letter dated December 22, 2015 to address your concerns regarding
the alleged deficiencies in Plaintiffs initial disclosures and discovery responses, and to request the
depositions of Kathy Hrabluk, Elliott Hibbs, and Merle Bianchi.
Plaintiffs Discovery Responses
While Plaintiffs believe that the objections and responses to Defendants requests are entirely
appropriate, Plaintiffs will nevertheless provide additional factual support for their equal protection and
first amendment viewpoint discrimination claims.
Non-Uniform Interrogatories
Interrogatory Nos. 1-4
With respect to Interrogatory Nos. 1-4, which request that Plaintiffs identify facts that support
their contentions that (1) TUSD operated MASD as a district-approved, Governing Board-sanctioned
entity from 1998 to 2012, (2) MASD courses were offered in conformity with applicable state adopted
standards and/or guidelines, (3) MASD course offerings included a diverse student population reflective
of the school sites population, and (4) MASD course offerings were subject to annual scrutiny and
appropriate modification, among other things, Plaintiffs once again refer Defendants to the documents
cited in their responses. Such responses are sufficient under Rule 33(d) of the Federal Rules of Civil
Procedure as they specify the records that must be reviewed, and the burden of deriving or ascertaining
the answer will be substantially the same for either party. See Fed.R.Civ.P. 33(d); see also MAI Sys.

Leslie Kyman Cooper
December 23, 2015
Page 2
Corp. v. Walbert Enterprises, Inc., 116 F.3d 485, at *4 (9th Cir. 1997) (finding that the plaintiffs
reference to documents already produced adequately responds to the interrogatory).
Interrogatory No. 11
With respect to Interrogatory No. 11, which requests that Plaintiffs identify all facts that support
the allegations that Defendants actions constituted a violation of Plaintiffs equal protection rights,
Plaintiffs refer Defendants to the Ninth Circuits decision, which clearly articulates the factual basis for
Plaintiffs equal protection claims. In addition, Plaintiffs state the following facts in support of their
equal protection claim:
The Mexican American Studies (MAS) program was the sole target of H.B. 2281.
When the bill was introduced to the House Education Committee, Representative Steve
Montenegro characterized MAS as creating racial warfare.
In eliminating the MAS program, former superintendent Thomas Horne relied on a letter
written by a student who had taken two African-American oriented courses as evidence
of potential problems in the ethnic studies programs. Yet Mr. Horne did not investigate
African-American oriented courses. To the contrary, he limited his investigation to the
MAS program, despite his stated knowledge of the existence of African-American
studies courses.
Likewise, Prew Howie, who taught Native American literature, openly complained that
support personnel told her students that a white person should not be teaching Native
American literature. Mr. Horne chose not to investigate this potential issue with the
Native American studies program.
At the time that H.B. 2281 was being considered, former Superintendent John
Huppenthal, who was a state senator and the Chairman of the Senate Committee on
Education Accountability and Reform, introduced an amendment to the bill that granted
authority to the state superintendent to determine whether a school district was in
violation of the statute. The amendment was adopted by the Senate and incorporated
into 15-112. Prior to the effective date of H.B. 2281, Huppenthal successfully
campaigned to become the state superintendent, at which time he aired radio campaign
advertisements pledging to stop La Raza if elected.
At the same time, Horne ran for the office of Arizona Attorney General and stated, I
fought hard to get the legislature to put a to pass a law so that I can put a stop to [the
Raza Studies program. And as the attorney general, I will give the legal aid to the
Department of Education to be sure that we do put a stop to it.

Leslie Kyman Cooper
December 23, 2015
Page 3
On December 30, 2010, prior to the date that 15-112 went into effect, Horne issued a
premature finding that TUSD was in violation of 15-112 and directed TUSD to
eliminate the Mexican American Studies courses within sixty days. Horne made no
efforts to show that any problematic materials were in use at the time of his finding.
Immediately after Huppenthal took office, he issued a press release supporting Hornes
finding. While Huppenthal did not immediately enforce Hornes finding, he did
commission an independent audit of the MAS program to determine whether it violated
15-112. When the audit concluded that the program did not violate the statute,
Huppenthal rejected the audits finding purportedly because the MAS department was
aware of the audit and therefore the auditors would not be able to observe the promotion
of racism or ethnic solidarity in the classroom. After ordering a separate ADE
investigation, which only reviewed a selection of course materials and the MAS program
website and did not include classroom visits, Huppenthal issued a finding of violation.
As discussed supra, 15-112 has only been enforced against the Mexican American
Studies (MAS) program even though two other ethnic studies programs in Arizona
were alleged by the state superintendent to have violated 15-112.
The Arizona Department of Education selectively enforced its ban on pedagogy based on
Paulo Freires Pedagogy of the Oppressed. For example, TUSD allows Paulo Freire
Freedom Schools, which are comprised mainly of students that are not of Mexican or
Latino descent, to base their entire educational philosophy on Freires pedagogical
theories, but prohibits their use in the MAS program.
With respect to Interrogatory No. 12, which requests that Plaintiffs identify all facts that support
the allegations that Defendants actions constituted a violation of Plaintiffs viewpoint discrimination
rights, Plaintiffs refer Defendants to the facts set forth in their response to Interrogatory No. 11, in
addition to the facts set forth in the Ninth Circuits decision. These facts, among others, form the basis
of Plaintiffs viewpoint discrimination claim.
With respect to Interrogatory No. 15, which requests that Plaintiffs identify certain information
related to each teacher listed in Plaintiffs disclosure statement, including those teachers dates of
employment by TUSD, their certificate numbers, the TUSD schools at which they taught, and the
subjects they taught, Plaintiffs reassert their objection that such a request is overbroad, unduly
burdensome, and calls for information to which Defendants, who all work for the Arizona Department
of Education, have equal or superior access.

Leslie Kyman Cooper
December 23, 2015
Page 4
Discovery is ongoing and these responses will be supplemented as is appropriate.

Defendants Requests for Admissions
Contrary to Defendants assertion, Plaintiffs objections to the Kowal Decision are entirely
appropriate. As set forth in Plaintiffs responses, the Kowal Decision is irrelevant because it did not
consider or address the constitutional claims at issue in this case and contains inadmissible hearsay
statements. Nor is there any preclusive effect to the Kowal Decision as Plaintiffs were not parties to that
action.
Further, Plaintiffs responses to each request for admission are sufficient and complete.
Defendants contend that these responses are deficient because they do not adequately address the
request or provide any detail for why the plaintiffs cannot truthfully admit or deny the allegations.
However, Defendants completely ignore the fact that each request for admission sought an admission
from Plaintiffs that the Kowal Decision established certain facts. For example, Request for Admission
No. 1 requested that, [a]s established by Paragraph 11 of the Kowal Decision, admit that the
Department received complaints regarding the MASD. Subject to certain objections, Plaintiffs
admitted that Paragraph 11 of the Kowal Decision did make such a finding. Plaintiffs response
therefore complied with Rule 36(a)(4) of the Federal Rules of Civil Procedure.
Defendants Request for the Production of Documents
In response to your request that Plaintiffs identify whether they have withheld documents that are
responsive to a request on the basis of any objections identified therein, Plaintiffs respond that they have
not withheld any such documents.
Initial Disclosures
As for the concerns expressed in Defendants October 16, 2015 letter with respect to Plaintiffs
initial disclosures, Plaintiffs believe that their disclosure statement is in full compliance with Rule
26(a)(1)(A) of the Federal Rules of Civil Procedure. Plaintiffs listed each person whom they believed to
have discoverable information to support their claims and identified the subjects of that information.
Additional Depositions
Finally, as Defendants are well aware, Plaintiffs to date have only noticed ten depositions.
Plaintiffs therefore request the depositions of Kathy Hrabluk, Elliott Hibbs, and Merle Bianchi, all of
whom are listed as individuals with relevant information in Defendants Third Supplemental Disclosure
Statement, dated December 15, 2015. Plaintiffs propose February 8, February 11 and February 12, 2016
for these depositions.

Leslie Kyman Cooper
December 23, 2015
Page 5
If Defendants believe that a meet and confer is still necessary, please propose available dates
during the first week of January.
Sincerely,
/s/ Luna Barrington
Luna Barrington
EXHIBIT M
Richard M. Martinez, No. 007763

Telephone: (502) 327-4797
Facsimile: (520) 320-9090
James Quinn (admitted pro hac vice)

Steven Reiss (admitted pro hac vice)
WElL GOTSHAL & MANGES LLP
767 Fifth Avenue
New York, New York 10153
Telephone: (212) 310-8000
Facsimile: (212) 310-8007
J ames.Quinn@weil.com
Steven.Reiss@weil.com
RobertS. Chang (admitted pro hac vice)

Fred T. Korematsu Center for Law and Equality
Seattle University School of Law
Seattle, Washington 98122-4130
Telephone: (206) 398-4025
Facsimile: (206) 398-4261
changro@seattleu.edu

MAYA ARCE; JOSEPH ELIAS

GONZALEZ; and JOSE GONZALEZ, his
father and next best friend,
)
)
) No. CV 10-623 TUC AWT
PLAINTIFFS' SUPPLEMENTAL
) RESPONSE TO DEFENDANTS' NON) UNIFORM INTERROGATORIES DATED

) OCTOBER 16, 2015
)
Plaintiffs,
vs.
Public~

Instruction and Executive Director of the
Arizona State Board of Education, in her
Official Capacity; ARIZONA STATE
BOARD OF EDUCATION, including all
members in their Official Capacity;
REGINALD BALLANTYNE III; TIM
CARTER; CHRISTOPHER DESCHENE;
AMY HAMILTON; ROGER JACKS; GREG
MILLER; JAMES ROTTWEILER; JARED
TAYLOR; MICHAEL CROW; and CHUCK.
SCHMIDT,
Defendants.
)
)
)
)
)
)
)
))
1
2
Non-Uniform Interrogatory No. 11:

Identify all facts that support plaintiffs' contentions as stated in paragraph 115 of the
TAC that Defendants' actions constituted a violation of plaintiff's equal protection rights.
4
5
6
RESPONSE:
Plaintiffs object to Non-Uniform Interrogatory No. 11 on the grounds that the
interrogatory is overbroad and unduly burdensome and calls for information within Defendants'
possession, custody, or control, or to which Defendants have equal or superior access.
Defendants are directed to, among other things, the United States Court of Appeals for
10
11
the Ninth Circuit's decision in Arce v. Douglas, 793 F .3d 968 (9th Cir. 20 15), which clearly
12
articulates the factual basis for Plaintiffs' equal protection claims. Defendants are further
13
directed to Horne and Ruppenthal's statements before the Hearing of the Senate Judiciary
14
Committee on SB 1069 in 2009, Plaintiffs' disclosure statement(s) and the relevant documents
15
16
identified therein, in addition to the individuals identified therein who were or remain employed
17
with TUSD and have knowledge ofTUSD operations and/or MAS. In addition, Plaintiffs state
18
the following facts in support of their equal protection claim.
19
20
The Mexican American Studies ("MAS") program was the sole target ofH.B.
2281. When the bill was introduced to the House Education Committee,
Representative Steve Montenegro characterized MAS as creating racial warfare.
In eliminating the MAS progrmn, former superintendent Thmnas Horne relied on

a letter written by a student who had taken two African-American oriented
courses as evidence of potential problems in the ethnic studies programs. Yet
Mr. Horne did not investigate African-American oriented courses. To the
contrary, he limited his investigation to the MAS program despite lmowledge of
problems in the African-American program.
Likewise, Prew Howie, who taught Native American literature, openly

complained that support personnel told her students that a white person should
21
22
23
24
25
26
27
28
16
not be teaching Native American literature. Mr. Horne chose not to investigate
this potential issue with the Native American studies program.
2
3
Ruppenthal, who was a state senator and the Chairman of the Senate Committee
on Education Accountability and Reform, introduced an amendment to the bill
that granted authority to the state superintendent to determine whether a school
district was in violation of the statute. The amendment was adopted by the
Senate and incorporated into 15-112. Prior to the effective date of H.B. 2281,
Ruppenthal successfully campaigned to become the state superintendent, at
which time he aired radio campaign advertisements pledging to "stop La Raza" i
elected.
At the san1e time, Horne ran for the office of Arizona Attorney General and
stated, "I fought hard to get the legislature to put a- to pass a law so that I can
put a stop to [the Raza Studies program. And as the attorney general, I will give
the legal aid to the Department of Education to be sure that we do put a stop to
it."
On December 30,2010, prior to the date that 15-112 went into effect, Horne
issued a premature finding that TUSD was in violation of 15-112 and directed
TUSD to "eliminate the Mexican American Studies courses" within sixty days.
Horne made no efforts to show that any problematic materials were in use at the
time of his finding.
Immediately after Ruppenthal took office, he issued a press release supporting

Horne's finding. While Ruppenthal did not immediately enforce Horne's
finding, he did commission an independent audit of the MAS program to
determine whether it violated 15-112. When the audit concluded that the
program did not violate the statute, Ruppenthal rejected the audit's finding
purportedly because the MAS department was aware of the audit and therefore
the auditors would not be able to observe the promotion of racism or ethnic
solidarity in the classroom. After ordering a separate ADE investigation, which
only reviewed a selection of course materials and the MAS program website and
did not include classroom visits, Ruppenthal issued a finding of violation.
As discussed supra, 15-112 has only been enforced against the Mexican
American Studies ("MAS") program even though two other ethnic studies
programs in Arizona were alleged by the state superintendent to have violated
15-112.
The Arizona Department of Education selectively enforced its ban on pedagogy

based on Paulo Freire's Pedagogy of the Oppressed. For example, TUSD allows
Paulo Freire Freedom Schools, which are comprised mainly of students that are
5
6
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
17
not of Mexican or Latino descent, to use Friere's pedagogy, but prohibits its use
in the MAS program.
3
4
Arizona has a long and established history of racial animus against Mexican
An1ericans, including the educational segregation by race of Mexican Americans
students.
Discovery is ongoing and this response will be suppletnented as is appropriate.

7
8
9
10
11
Identify all facts that support plaintiffs' contentions as stated in paragraph 118 of the
TAC that Defendants' actions constituted a violation of Plaintiffs' First Amendment viewpoint
discrimination rights.
RESPONSE:
12

13
14
15
16
17
interrogatory is overbroad and unduly burdensome and calls for information within Defendants'
Defendants are directed to the facts set forth in Plaintiffs' response to Interrogatory No.
11, in addition to the facts set forth in the Ninth Circuit's decision inArce v. Douglas, 793 F.3d
18
19
968 (9th Cir. 2015). Defendants are further directed to, among other things, the Meeting
20
Minutes from November 15, 2004 of the Arizona State Board of Charter Schools, in which the
21
Board approved the application by El Pueblo Integral Teaching and Learning Collaborative to
22
establish the Paolo Freire Freedom School. Defendants are also directed to Plaintiffs' disclosure
23
statement(s) and the relevant documents identified therein, in addition to the individuals
24
25
identified therein who were or remain employed with TUSD and have knowledge of TUSD
26
operations and/or MAS. Discovery is ongoing and this response will be supplemented as is
27
appropriate.
28
18
1
2

For each Request for Admission that Plaintiff does not admit, please provide any and all
facts and reasoning supporting your denial or partial denial.

4
5
6
7
RESPONSE:
interrogatory is overbroad and unduly burdensome. Plaintiffs further object on the ground that
Non-Uniform Interrogatory No. 16 imposes obligation on Plaintiffs that exceed the limitations
and requirements set forth in the Federal Rules, the Local Rules, or any other applicable rule or
10
11
court order.
12
13
14
15
16
Dated 18th day of January, 2016

Is/ Steve Reiss
James Quinn, Esq.
Steve Reiss, Esq.
WElL GOTSHAL & MANGES, LLP
17
18
19
Robert S. Chang, Esq.

20
Richard M. Martinez, Esq.

21
22
23
24
25
26
27
28
22
EXHIBIT N
1
2
3
4
Richard M. Martinez, No. 007763

Telephone: (502) 327-4797
Facsimile: (520) 320-9090
Robert S. Chang (admitted pro hac vice)

Fred T. Korematsu Center for Law and Equality
Telephone: (206) 398-4025
Facsimile: (206) 398-4261
5
6
7
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
James Quinn (admitted pro hac vice)

Steven Reiss (admitted pro hac vice)
WEIL GOTSHAL & MANGES LLP
767 Fifth Avenue
Telephone: (212) 310-8000
Facsimile: (212) 310-8007
Steven.Reiss@weil.com

)
)
)
)
)
)
Plaintiffs,
)
)
vs.
)
)
DIANE DOUGLAS, Superintendent of Public )
)
Instruction and Executive Director of the
)
Arizona State Board of Education, in her
)
Official Capacity; ARIZONA STATE
)
BOARD OF EDUCATION, including all
)
members in their Official Capacity;
)
)
REGINALD BALLANTYNE III; TIM
)
CARTER; CHRISTOPHER DESCHENE;
)
AMY HAMILTON; ROGER JACKS; GREG )
MILLER; JAMES ROTTWEILER; JARED )
TAYLOR; MICHAEL CROW; and CHUCK )
)
SCHMIDT,
)
Defendants.
MAYA ARCE; JOSEPH ELIAS
GONZLEZ; and JOS GONZLEZ, his
father and next best friend,
No. CV 10 623 TUC AWT

PLAINTIFFS SECOND
SUPPLEMENTAL RESPONSE TO
DEFENDANTS NON-UNIFORM
INTERROGATORIES DATED
OCTOBER 16, 2015
http://azleg.granicus.com/MediaPlayer.php?view_id=13&clip_id=5630, the Hearing on HB 2281
before the House Education Committee on February 15, 2010, available at
3
4
http://azleg.granicus.com/MediaPlayer.php?view_id=17&clip_id=6760, the House

Appropriations Committees Adopted Strike Everything Amendment, available at
http://www.azleg.gov//FormatDocument.asp?inDoc=/legtext/48leg/2r/adopted/h.1108-se6
7
approp.doc.htm&Session_ID=86, the Introduction of HB 2281, available at
http://www.azleg.gov//FormatDocument.asp?inDoc=/legtext/49leg/2r/bills/hb2281p.htm&Sessio
n_ID=93, and the transcript of DemocracyNows Interview with John Huppenthal and Richard
10
11
12
Martinez on January 18, 2012.

Defendants are also directed to Plaintiffs disclosure statement(s) and the relevant
documents identified therein, in addition to the individuals identified therein who were or remain
13
employed with TUSD and have knowledge of TUSD operations and/or MAS. Finally,
14
15
16
17
Defendants are directed to testimony and exhibits from the depositions taken in this case,
including testimony and exhibits from Thomas Horne, Mark Anderson, Stacey Morley, and John
Huppenthal, as well as all pertinent parts of Plaintiffs expert reports.
18
19
20
21

TAC that Defendants actions constituted a violation of plaintiffs equal protection rights.
22
RESPONSE:
23

24
25
26
interrogatory is overbroad and unduly burdensome and calls for information within Defendants
27
28
16
Defendants are directed to, among other things, the United States Court of Appeals for
the Ninth Circuits decision in Arce v. Douglas, 793 F.3d 968 (9th Cir. 2015), which clearly
articulates the factual basis for Plaintiffs equal protection claims. Defendants are further
directed to Horne and Huppenthals statements before the Hearing of the Senate Judiciary
Committee on SB 1069 in 2009, Plaintiffs disclosure statement(s) and the relevant documents
6
7
identified therein, in addition to the individuals identified therein who were or remain employed
with TUSD and have knowledge of TUSD operations and/or MAS. In addition, Plaintiffs state
the following facts in support of their equal protection claim.
10
11
The Mexican American Studies (MAS) program was the sole target of H.B.
2281. When the bill was introduced to the House Education Committee,
Representative Steve Montenegro characterized MAS as creating racial warfare.
In eliminating the MAS program, former superintendent Thomas Horne relied on

a letter written by a student who had taken two African-American oriented
courses as evidence of potential problems in the ethnic studies programs. Yet
Mr. Horne did not investigate African-American oriented courses. To the
contrary, he limited his investigation to the MAS program despite knowledge of
problems in the African-American program.
Likewise, Prew Howie, who taught Native American literature, openly

complained that support personnel told her students that a white person should
not be teaching Native American literature. Mr. Horne chose not to investigate
this potential issue with the Native American studies program.
Huppenthal, who was a state senator and the Chairman of the Senate Committee
on Education Accountability and Reform, introduced an amendment to the bill
that granted authority to the state superintendent to determine whether a school
district was in violation of the statute. The amendment was adopted by the
Senate and incorporated into 15-112. Prior to the effective date of H.B. 2281,
Huppenthal successfully campaigned to become the state superintendent, at
which time he aired radio campaign advertisements pledging to stop La Raza if
elected.
At the same time, Horne ran for the office of Arizona Attorney General and
stated, I fought hard to get the legislature to put a to pass a law so that I can
put a stop to [the Raza Studies program. And as the attorney general, I will give
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
17
the legal aid to the Department of Education to be sure that we do put a stop to
it.
2
3
On December 30, 2010, prior to the date that 15-112 went into effect, Horne
issued a premature finding that TUSD was in violation of 15-112 and directed
TUSD to eliminate the Mexican American Studies courses within sixty days.
Horne made no efforts to show that any problematic materials were in use at the
time of his finding.
Immediately after Huppenthal took office, he issued a press release supporting

Hornes finding. While Huppenthal did not immediately enforce Hornes
finding, he did commission an independent audit of the MAS program to
determine whether it violated 15-112. When the audit concluded that the
program did not violate the statute, Huppenthal rejected the audits finding
purportedly because the MAS department was aware of the audit and therefore
the auditors would not be able to observe the promotion of racism or ethnic
solidarity in the classroom. After ordering a separate ADE investigation, which
only reviewed a selection of course materials and the MAS program website and
did not include classroom visits, Huppenthal issued a finding of violation.
As discussed supra, 15-112 has only been enforced against the Mexican
American Studies (MAS) program even though two other ethnic studies
programs in Arizona were alleged by the state superintendent to have violated
15-112.
The Arizona Department of Education selectively enforced its ban on pedagogy

based on Paulo Freires Pedagogy of the Oppressed. For example, TUSD allows
Paulo Freire Freedom Schools, which are comprised mainly of students that are
not of Mexican or Latino descent, to use Frieres pedagogy, but prohibits its use
in the MAS program.
Arizona has a long and established history of racial animus against Mexican
Americans, including the educational segregation by race of Mexican Americans
students.
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
Finally, Defendants are directed to testimony and exhibits from the depositions taken in
this case, including testimony and exhibits from Maya Arce, Lorenzo Lopez, Curtis Acosta,
Thomas Horne, Mark Anderson, Margaret Dugan, John Huppenthal, Stacey Morley, Carol
Lippert, Eliot Hibbs, John Stollar, Kathy Hrabluk, and Diane Douglas, as well as all pertinent
parts of Plaintiffs expert reports.
26
27
28
18
1
2
3
4

TAC that Defendants actions constituted a violation of Plaintiffs First Amendment viewpoint
discrimination rights.
6
7
8
9
10
RESPONSE:
interrogatory is overbroad and unduly burdensome and calls for information within Defendants
11
Defendants are directed to the facts set forth in Plaintiffs response to Interrogatory No.
12
11, in addition to the facts set forth in the Ninth Circuits decision in Arce v. Douglas, 793 F.3d
13
968 (9th Cir. 2015). Defendants are further directed to, among other things, the Meeting
14
Minutes from November 15, 2004 of the Arizona State Board of Charter Schools, in which the
15
16
Board approved the application by El Pueblo Integral Teaching and Learning Collaborative to
17
establish the Paolo Freire Freedom School. Defendants are also directed to Plaintiffs disclosure
18
statement(s) and the relevant documents identified therein, in addition to the individuals
19
identified therein who were or remain employed with TUSD and have knowledge of TUSD
20
operations and/or MAS. Finally, Defendants are directed to testimony and exhibits from the
21
depositions taken in this case, including testimony and exhibits from Maya Arce, Lorenzo Lopez,
22
Curtis Acosta, Thomas Horne, Mark Anderson, Margaret Dugan, John Huppenthal, Stacey
23
Morley, Carol Lippert, Eliot Hibbs, John Stollar, Kathy Hrabluk, and Diane Douglas, as well as
24
25
all pertinent parts of Plaintiffs expert reports.
26
27
28
19
1
2
School
Subject
Tucson High School
Palo Verde High School

5
American Government: Mexican

American Perspective
Junior Latino Literature
American History Mexican American
Perspective
6
7
8

For each Request for Admission that Plaintiff does not admit, please provide any and all
facts and reasoning supporting your denial or partial denial.

10
11
12
RESPONSE:
13
interrogatory is overbroad and unduly burdensome. Plaintiffs further object on the ground that
14
Non-Uniform Interrogatory No. 16 imposes obligation on Plaintiffs that exceed the limitations
15
and requirements set forth in the Federal Rules, the Local Rules, or any other applicable rule or
16
court order.
17
18
Dated 1st day of March, 2016.

19
20
21
Jim Quinn
James Quinn, Esq.
Steve Reiss, Esq.
WEIL GOTSHAL & MANGES, LLP
22
23
24
25
Robert S. Chang, Esq.

Richard M. Martinez, Esq.
26

27
28
23
EXHIBIT O
1 Richard M. Martinez, SBA No. 7763

2
3
4
James Quinn, pro hac vice

Steve Reiss, pro hac vice
WEIL GOTSHAL & MANGES LLP
767 Fifth Avenue
(212) 310-8000 phone
(212) 310-8007 fax
Steve.Reiss@weil.com

(520) 327-4797 phone
(520) 320-9090 fax
Robert S. Chang, pro hac vice
5 Fred T. Korematsu Center for Law and Equality

6 Seattle University School of Law

7
8
9
Mary Kelly Persyn, pro hac vice

Persyn Law
912 Cole Street, PMB 124
San Francisco, California 94117
(628) 400-1254
marykelly@persynlaw.com

(206) 398-4025 phone
(206) 398-4261 fax
10
11
12
FOR THE STATE OF ARIZONA
13 MAYA ARCE; et. al,

14
Plaintiffs,
15 v.
16 DIANE DOUGLAS,
Arizona Superintendent of
17 Public Instruction, et. al.,
18
Defendants.
19
)
)
)
)
)
)
)
)
)
)
)
)
)
No. 4:10-cv-623 AWT

Disclosure Statement No. 5
(Cumulative Format - New Text in Bold)
20 I.
Individuals.
21
A.
Plaintiffs (Including All Former Plaintiffs).
22
1.
Curtis Acosta
23
24
c/o Plaintiffs Counsel

Curtis Acosta is a former Tucson Unified School District No. 1 (TUSD) educator
25 who was employed in a classroom teaching capacity. This includes working as an Mexican
26 American Studies Department (MAS) educator for TUSD. During his MAS tenure with
27 TUSD, Dr. Acosta was assigned to Tucson High Magnet School (THMS) teaching core
28 English courses offered to Junior and Senior students.
Dr. Acostas TUSD MAS tenure includes the period when MAS was subjected to the
2 scrutiny of Tom Horne as Superintendent of Public Instruction, the Arizona State Legislature
3 considered anti-MAS legislation, passage and the subsequent enforcement of HB 2281. Dr.
4 Acostas classes were among those involuntarily terminated by the Arizona Department of
5 Education (ADOE) by subjecting TUSD to severe crippling economic sanctions
6 compelling the immediate termination of all MAS classes and educational activities.
7
All topics and related topics, including all deposition exhibits and all deposition
8 testimony in the instant action.

9
2.
10
11
Maya Arce
Maya Arce is a citizen of the United States and a resident of the State of Arizona
12 living in Pima County. She is the natural daughter of Plaintiff Sean Arce, who was her next
13 best friend in the instant action. Ms. Arce is Mexican American and attended TUSD as a full
14 time student at THMS. Her matriculation through TUSD includes attending Davis Bilingual
15 Magnet School, grades kindergarten through fifth grade, an immersion Spanish-English
16 school with a curriculum that includes as an integral component the language, culture, history
17 and literature of Mexicans and Mexican Americans.
18
Ms. Arce was a TUSD student when MAS was subjected to the scrutiny of Tom
19 Horne as Superintendent of Public Instruction, the Arizona State Legislature considered anti20 MAS legislation, passage and the subsequent enforcement of HB 2281. All MAS department
21 activities were involuntarily terminated by the Arizona Department of Education (ADE).
22 This resulted in denying Ms. Arce to register for any MAS course offerings in English-Latino
23 Literature, American History-Mexican American Perspectives and American Government 24 Social Justice Education Project at THMS and denying her the opportunity to receive any of
25 the curricular material offered in MAS classes or discussion thereof.
26

28
//
-2-
3.
2
3
Sean Arce
Sean Arce is a is a former TUSD educator. While employed with TUSD he served in
4 several professional positions. This includes working as an MAS educator for TUSD.
5 During his MAS tenure with TUSD, Mr. Arce was utilized as a classroom teacher,
6 curriculum specialist, teacher trainer, resource teacher and Director of TUSDs MAS
7 department. During his tenure as the departments director, he was responsible for oversight,
8 management and supervision of MAS throughout TUSD.
9
Mr. Arces TUSD MAS tenure includes the period when MAS was subjected to the
11 considered anti-MAS legislation, passage and the subsequent enforcement of HB 2281. All
12 MAS department activities were involuntarily terminated by ADE by subjecting TUSD to
13 severe crippling economic sanctions compelling the immediate termination of all MAS
14 classes and educational activities.
15
Mr. Arce is also the natural parent and next best friend of Maya Arce, who attends
16 THMS and was denied the opportunity to enroll in any MAS class throughout her time at
17 THMS due to ADOEs enforcement of HB 2281 against TUSD.
18

20
21
22
4.
Julian Barcelo
Julian Barcelo is a citizen of the United States and a resident of the State of
23 Arizona living in Pima County. He is the natural father of Manuel Bracelo, in the
24 instant action his next best friend. Manuel Barcelo attends TUSD as a full time student.
25 Mr. J. Barcelo is aware of the prior MAS course offerings in TUSD and believes these
26 course offerings in the curriculum provided an important opportunity for his son and
27 all students to learn about the language, culture, history and literature of Mexicans and
28 Mexican Americans.
-3-

3
5.
4
5
Manuel Barcelo
Manuel Barcelo is a citizen of the United States and a resident of the State of
6 Arizona living in Pima County. Mr. Barcelo is Mexican American and attends TUSD
7 as a full time student. He was born in 2002. While enrolled and attending TUSD his
8 schools have provided opportunities to learn about the language, culture, history and
9 literature of Mexican Americans at Davis Bilingual Elementary and Roskurge Bilingual
10 Middle School. Both schools are court ordered by the Fisher-Mendoza desegregation
11 case. Mr. Barcelo intends to enroll at THMS and is aware that MAS classes were
12 terminated by ADE enforcement of HB 2281. Elimination of the MAS classes has
13 precluded the opportunity to enroll in or attend any MAS courses or benefit from MAS
14 curricular material, books and discussion thereof.
15

17
18
19
6.
Dolores Carrion
Dolores Carrion is a former TUSD educator who was employed in a classroom
20 teaching capacity. This includes working as an MAS educator for TUSD. During her MAS
21 tenure with TUSD, Ms. Carrion was assigned to Pueblo High School (PHS) teaching art
22 courses offered to PHS students.
23
Ms. Carrions TUSD MAS tenure includes the period when MAS was subjected to
24 the scrutiny of Tom Horne as Superintendent of Public Instruction, the Arizona State
25 Legislature considered anti-MAS legislation, passage and the subsequent enforcement of HB
26 2281. Ms. Carrions classes were among those involuntarily terminated by ADOE by
27 subjecting TUSD to severe crippling economic sanctions compelling the immediate
28 termination of all MAS classes and educational activities.
-4-

3
7.
4
5
Margarita Elena Dominguez

Ms. Dominguez is the natural parent and next best friend of Nicholas Dominguez,
6 who as a minor attended TUSD, including THMS. Mr. Dominguez enrolled in and attended
7 MAS courses at THMS with the knowledge and consent of Ms. Dominguez. Mr. Dominguez
8 was enrolled in MAS courses at THMS when the classes were involuntarily terminated by
9 ADE by subjecting TUSD to severe crippling economic sanctions compelling the immediate
11

13
8.
14
15
Nicholas A. Dominguez
Nicholas A. Dominguez is a citizen of the United States and a resident of the State of
16 Arizona living in Pima County. Mr. Dominguez is Mexican American and attended TUSD
17 as a full time student at THMS. While at THMS he enrolled and attended MAS course
18 offerings. Mr. Dominguez was enrolled in MAS courses at THMS when the classes were
19 involuntarily terminated by ADE by subjecting TUSD to severe crippling economic sanctions
20 compelling the immediate termination of all MAS classes and educational activities. He was
21 subjected to the termination of his MAS classes during the semester which included the
22 removal of all MAS materials and books from his classroom, the banning of MAS subject
23 matter and the denied the opportunity to receive any MAS curricular material, books or
24 discussion thereof.
25

27
28
9.
Alexandro Escamilla
-5-
Alexandro Escamilla is a TUSD educator who is employed in a classroom teaching
2 capacity. This includes working as an MAS educator for TUSD. During his MAS tenure
3 with TUSD, Mr. Escamilla was assigned to Wakefield Middle School (WMS) teaching
4 MAS courses and curricular material WMS students.
5
Mr. Escamillas TUSD MAS tenure includes the period when MAS was subjected to
8 2281. Mr. Ecscamillas classes were among those involuntarily terminated by ADE by
11
12 testimony in the instant action, including those related to ADE monitoring and the
13 Huppenthal Notice of Non-compliance.
14
10.
15
16
Jesus Gonzalez
Jesus Gonzalez is a citizen of the United States and a resident of the State of
17 Arizona living in Pima County. He is the natural father of Noah Gonzalez, in the instant
18 action his next best friend. Noah Gonzalez attends TUSD as a full time student and is
19 aware of the prior MAS course offerings in TUSD and believes these course offerings
20 in the curriculum provided an important opportunity for his son and all students to
21 learn about the language, culture, history and literature of Mexicans and Mexican
22 Americans.
23

25
26
27
11.
Jose Gonzalez
Jose Gonzalez is a TUSD educator. During his tenure with TUSD, he has worked in
28 several professional positions for TUSD. This includes working as an MAS educator for
-6-
1 TUSD in the MAS department. During his MAS tenure with TUSD, Mr. Gonzalez was
2 utilized as a classroom teacher, curriculum specialist and resource teacher. The MAS
3 classroom assignments include TUSD high schools and middle schools.
4
Mr. Gonzalezs TUSD MAS tenure includes the period when MAS was subjected to
7 2281. Mr. Gonzalezs classes were among those involuntarily terminated by ADE by
10
11 testimony in the instant action including Huppenthal and Douglas administration monitoring
12 and non-compliance notifications.
13
12.
14
15
Noah Gonzalez
Noah Gonzalez is a citizen of the United States and a resident of the State of
16 Arizona living in Pima County. Mr. Gonzalez is Mexican American and attends TUSD
17 as a full time student. He was born in 2001. While enrolled and attending TUSD his
18 schools have provided opportunities to learn about the language, culture, history and
19 literature of mexican Americans at Davis Bilingual Elementary and Roskurge Bilingual
20 Middle School. Both schools are court ordered by the Fisher-Mendoza desegregation
21 case. Mr. Gonzalez intends to enroll in TUSD westside (THMS of CHMS) and is aware
22 that MAS classes were terminated by ADE enforcement of HB 2281. Elimination of the
23 MAS classes has precluded the opportunity to enroll in or attend any MAS courses or
24 benefit from MAS curricular material, books and discussion thereof.
25

27
28
13.
Norma Gonzalez
-7-
Norma Gonzalez is a TUSD educator. During her tenure with TUSD, she has worked
2 in several professional positions for TUSD. This includes working as an MAS educator for
3 TUSD in the MAS department. During her MAS tenure with TUSD, Ms. Gonzalez was
4 utilized as a classroom teacher, curriculum specialist and resource teacher. The MAS
5 classroom assignments include TUSD middle and elementary schools.
6
Ms. Gonzalezs TUSD MAS tenure includes the period when MAS was subjected to
9 2281. Ms. Gonzalezs classes and resource teacher activities were among those involuntarily
10 terminated by ADE by subjecting TUSD to severe crippling economic sanctions compelling
11 the immediate termination of all MAS classes and educational activities.
12
13
14
14.
Lorenzo Lopez
Lorenzo Lopez is a TUSD educator. During his tenure with TUSD, he has worked in
15 several professional positions for TUSD. This includes working as an MAS educator for
16 TUSD. During his MAS tenure with TUSD, Mr. Lopez was assigned to Cholla High School
17 teaching core social studies courses offered to Junior and Senior students. During his MAS
18 tenure with TUSD, Mr. Lopez was utilized primarily as a classroom teacher.
19
Mr. Lopezs TUSD MAS tenure includes the period when MAS was subjected to the
21 considered anti-MAS legislation, passage and the subsequent enforcement of HB 2281. Mr.
22 Lopezs classes were among those involuntarily terminated by ADOE by subjecting TUSD
23 to severe crippling economic sanctions compelling the immediate termination of all MAS
25
Mr. Lopez is currently the TUSD CRC program director. In his current position he is
26 responsible for oversight, management and supervision of CRC throughout TUSD. His
27 responsibilities working with the assigned federal court Special Master.
28
Mr. Lopez is also aware of ADE HB 2281 enforcement efforts during the Douglas
-8-
1 tenure as Superintendent of Public Instruction, including all investigations, concerning

2 TUSDs CRC course offerings.
3

5
15.
6
7
Korina Eliza Lopez

Korina Eliza Lopez is a citizen of the United States and a resident of the State of
8 Arizona living in Pima County. She is the natural daughter of Lorenzo Lopez, Jr., her next
9 best friend in this litigation.
10
Ms. Lopez is Mexican American and attended THMS. She graduated in May of 2014.
11 Ms. Lopez attended Pistor Middle School for grades five through eight, where her course
12 offerings included MAS classes, a curriculum that included the language, culture, history and
13 literature of Mexicans/Mexican Americans.
14
Ms. Lopez and her parents intended for her to register and attend all THMS MAS
15 course offerings in English-Latino Literature, American History-Mexican American

16 Perspectives and American Government - Social Justice Education Project. These course
17 offerings were available to Junior and Senior students by TUSDs MAS department but
18 terminated and banned as a violation of HB 2281. This adverse action by ADE included the
19 removal of all MAS materials and books from TUSD classrooms, the banning of MAS
20 subject matter and denied Ms. Lopez the opportunity to receive any MAS curricular material,
21 books or discussion thereof.
22

24
25
26
16.
Rene F. Martinez
Rene F. Martinez is a former TUSD educator who was employed to work in TUSDs
27 MAS department. During his MAS tenure with TUSD, Mr. Martinez was utilized as a
28 classroom teacher and curriculum developer/specialist. His MAS classroom assignments
-9-
1 include TUSD high schools and middle schools.

2
Mr. Martinezs TUSD MAS tenure includes the period when MAS was subjected to
5 2281. Mr. Martinezs classes were among those involuntarily terminated by ADE by
8

10
17.
11
12
Sara Sally Rusk

Sally Rusk is a former TUSD educator who was employed in a classroom teaching
13 capacity. This includes working as an MAS educator for TUSD. During her MAS tenure
14 with TUSD, Ms. Rusk was assigned to Pueblo High School (PHS) teaching MAS courses
15 offered to PHS students.
16
Ms. Rusks TUSD MAS tenure includes the period when MAS was subjected to the
18 considered anti-MAS legislation, passage and the subsequent enforcement of HB 2281. Ms.
19 Rusks classes were among those involuntarily terminated by ADE by subjecting TUSD to
20 severe crippling economic sanctions compelling the immediate termination of all MAS
22

24
25
26
18.
Yolanda Sotelo
Yolanda Sotelo is a TUSD educator. During her tenure with TUSD she has worked
27 as an MAS educator for TUSD. This includes teaching core English courses offered to Junior
28 and Senior students at Pueblo High School. During her MAS tenure with TUSD, Mr. Lopez
-10-
1 was utilized primarily as a classroom teacher.

2
Ms. Sotelos TUSD MAS tenure includes the period that MAS was subjected to the
4 considered anti-MAS legislation, passage and enforcement of HB 2281. Ms. Sotelos classes
5 were among those involuntarily terminated by ADE by subjecting TUSD to severe crippling
6 economic sanctions compelling the immediate termination of all MAS classes and
7 educational activities.
8
Ms. Sotelo is currently a TUSD CRC resource educator.

11
B.
Defendants
12
19.
Mark Anderson
13
14
c/o Defendants Counsel

Employment with ADE; Horne/ADE efforts concerning passage of HB 2282; tenure
15 in Arizona State Legislature and information provided concerning TUSD MAS program;
16 Horne/ADE efforts to stop La Raza program.
17

19
20.
20
21
Merele Bianchi
Chief of Staff for John Huppenthal during the period that Mr. Huppenthal was
22 Superintendent of Public Instruction. Provided assistance to Mr. Huppenthal in all matters

23 related to the enforcement of HB 2281 by ADOE against TUSDs MAS program.
24

26
27
28
21.
Margaret Dugan
Employment with ADE during the Horne administration; speech at THMS after
-11-
1 Dolores Huerta speech; Actions/conduct of Hone concerning MAS; Horne/ADE efforts to

2 terminate MAS.
3

5
22.
6
7
Diane Douglas
Diane Douglas is the current Superintendent of Public Instruction and as such is the
8 highest ranking state officer for K-12 Public Instruction. Her actions include the continued
9 prohibition from teaching MAS courses in TUSD subject to ADOE withholding 10% of the
10 monthly apportionment of State aid that would otherwise be provided to TUSD, an amount
11 that is estimated to be or exceed one to three million dollars a month. ARS 15-112(B).
12
As the Superintendent of Public Instruction, Ms. Douglas has investigated TUSD for
13 compliance with HB 2281 and issued a report, AZ Kids Cant Afford to Wait! 2015, in which
14 publicizes her scrutiny of TUSDs Culturally Relevant Courses (CRC) and states that she
15 believes that Critical Race pedagogy fans the flames of racism, teaches victimization,
16 creates academic segregation, and states as her purpose to [e]liminate critical race pedagogy
17 from all Arizona schools.
18

20
21
22
23.
Kathy Hrabluk
Served in various positions at ADOE; during the period that Mr. Huppenthal was
23 Superintendent of Public Instruction she was an Associate Superintendent. Other ADOE

24 positions include Education Program Director and Deputy Associate Superintendent. She
25 provided assistance to Mr. Huppenthal in matters related to the enforcement of HB 2281 by
26 ADOE against TUSDs MAS program, including review of the Cambium Audit, review of
27 TUSD material provided to ADOE and other materials that formed the basis of the
28 Huppenthal Finding, and assisted in drafting the same.
-12-

3
24.
4
5
Elliott Hibbs
Served as Deputy Superintendent for John Huppenthal during the period that Mr.
6 Huppenthal was Superintendent of Public Instruction. Provided assistance to Mr. Huppenthal

7 in matters related to the enforcement of HB 2281 by ADOE against TUSDs MAS program,
8 including review of the Cambium Audit, review of TUSD material provided to ADOE and
9 other materials that formed the basis of the Huppenthal Finding, and assisted in drafting the
10 same.
11

13
25.
14
15
Tom Horne
Tom Horne was the Superintendent of Public Instruction and as such was the highest
16 ranking state officer for K-12 Public Instruction. His powers included making a
17 determination that TUSDs MAS program violated ARS 15-112(A), and 60 days thereafter
18 directing the Arizona Department of Education to withhold 10% of the monthly
19 apportionment of State aid that would otherwise be due to Tucson Unified School District
20 No. 1, an amount that is estimated to be or exceed one to three million dollars a month. ARS
21 15-112(B).
22
As the Superintendent of Public Instruction, Mr. Horne issued Findings dated
23 December 30, 2010, one day before HB 2281 became effective, that TUSDs MAS program
24 was in violation of ARS 15-112(A), thus subjecting TUSD to a sanction commencing 60
25 days thereafter by directing ADOE to withhold 10% of the monthly apportionment of State
26 aid that would otherwise be provided to TUSD; an amount that is estimated to be or exceed
27 one million dollars a month. ARS 15-112(B). See, Horne Findings, which is incorporated
28 in whole by reference.
-13-

3
26.
4
5
John Huppenthal
John Huppenthal is a former Superintendent of Public Instruction and as such was the
6 highest ranking state officer for K-12 Public Instruction and whose powers included making
7 a determination that the Tucson Unified School District No. 1 Mexican-American Studies
8 Department is in violation of ARS 15-112(A), and 60 days thereafter directing the Arizona
9 Department of Education to withhold 10% of the monthly apportionment of State aid that
10 would otherwise be due to Tucson Unified School District No. 1, an amount that is estimated
11 to be or exceed one to three million dollars a month. ARS 15-112(B).
12
As the Superintendent of Public Instruction, Mr. Huppenthal issued Findings in 2012,
13 after rejecting the his own retained experts audit of TUSDs MAS program, that the TUSDs
14 MAS program was in violation of ARS 15-112(A), thus subjecting TUSD to a sanction
15 commencing 60 days thereafter by directing ADOE to withhold 10% of the monthly
16 apportionment of State aid that would otherwise be provided to TUSD; an amount that is
17 estimated to be or exceed one million dollars a month. ARS 15-112(B). See, Huppenthal
18 Findings, which are incorporated in whole by reference.
19

21
27.
22
23
Jennifer Johnson
Employment at Glendale High School District; Mecha at Glendale high schools;
24 employment with ADE; monitoring and enforcement of A.R.S. 15-112 and absence of
25 definitions, criteria or related standards.
26

28
//
-14-
28.
2
3
Carol Lippert
Employment with ADE; monitoring and enforce of A.R.S. 15-112 and absence of
4 definitions, criteria or related standards.

5

7
29.
8
9
Stacey Morley
Served as Associate Superintendent for John Huppenthal during the period that Mr.
10 Huppenthal was Superintendent of Public Instruction. Provided assistance to Mr. Huppenthal

11 in matters related to the enforcement of HB 2281 by ADOE against TUSDs MAS program,
12 including review of the Cambium Audit, review of TUSD material provided to ADOE and
13 other materials that formed the basis of the Huppenthal Finding, and assisted in drafting the
14 same.
15

17
30.
18
19
John Stollar
Served in various positions at ADOE; during the period that Mr. Huppenthal was
20 Superintendent of Public Instruction he was a Deputy Superintendent. Other ADOE

21 positions include Education Program Specialist, Education program Director and Associate
22 Superintendent. He provided assistance to Mr. Huppenthal in matters related to the
23 enforcement of HB 2281 by ADOE against TUSDs MAS program, including review of the
24 Cambium Audit, review of TUSD material provided to ADOE and other materials that
25 formed the basis of the Huppenthal Finding, and assisted in drafting the same.
26

28
//
-15-
C.
Defendants Non-Party Identified Individuals.
31.
Hector Ayala
TUSD.
Information provided to Tom Horne re TUSDs MAS program.
32.
6
7
Prew Howie
See contact information provided to ADE
Beliefs and reporting re Mexican Americans and MAS; Communications and
8 advocacy with ADE; enforcement of HB 2281.

9

11
33.
12
13
Laura Leighton
See contact information provided to ADE
Beliefs and reporting re Mexican Americans and MAS ; Communications and
14 advocacy with ADE; enforcement of HB 2281.

15

17
34.
18
Jason LeValley
Unknown at this Time - Information requested from defendants.
19
20
35.
21
Ron Silverman
22
23
36.
24
25
John Ward
Information provided to Tom Horne/John Huppenthal and ADE re TUSDs MAS
26 program.
27

-16-
D.
State of Arizona - State Legislature - House of Representatives
37.
Mark Anderson
3
4

Tenure in Arizona State legislature; Chairmanship of House Education committee;
5 MAS; legislative efforts to terminate MAS; lobbying of Arizona State legislators concerning
6 passage of HB 2281.
7

9
38.
10
Frank Antenori
State of Arizona - State Legislature
11
Co-sponsor of HB 2281 in Forty-ninth Legislature - Second Regular Session.
12
39.
13
Doris Goodale
14
15
40.
16
David Gowan
17
18
41.
19
Steve B. Montenegro
20
Sponsor of HB 2281 in Forty-ninth Legislature - Second Regular Session.
21
42.
22
Carl Seel
23
24
43.
25
Davis Stevens
26
27
44.
28
Jerry Weiers
-17-
E.
State of Arizona - State Legislature - Senate
45.
Frank Antenori
46.
Linda Gray
HB 2281 supporter in Forty-ninth Legislature - Second Regular Session.
47.
10
11
John Huppenthal
HB 2281 supporter and leader in amendments/passage in Forty-ninth Legislature -
12 Second Regular Session.

13
48.
14
Al Melvin
15
HB 2281 supporter in Forty-ninth Legislature - Second Regular Session.
16
49.
17
Russell Pearce
18
19
F.
Non-Party Fact Witnesses
20
(1.)
Cambium Learning Inc.
21
50.
David F. Cappellucci
22
23

President Cambium Learning, Inc. which was contracted by ADOE to conduct an
24 audit and produce a report based on the audit which resulted in the Curriculum Audit of the
25 Mexican American Studies Department, Tucson Unified School District by the Cambium
26 Learning, Inc.
27
28
51.
Terri Casteel, M.Ed.

-18-
Auditor for the Curriculum Learning, Inc. that resulted in Curriculum Audit of the
3 Learning, Inc.
4
52.
5
6
Gershom Faulkner, M. S.
Auditor for the Curriculum Learning, Inc. that resulted in Curriculum Audit of the
8 Learning, Inc.
9
53.
10
11
Glenton Gilzean, M.S.

Auditor for the Curriculum Learning, Inc. that resulted in the Curriculum Audit of the
13 Learning, Inc.
14
54.
15
16
Jeffery J. Hernandez.
Chief Executive Officer, National Academic Partnership which worked with
17 Curriculum Learning, Inc. in the audit that resulted in the Curriculum Audit of the Mexican
18 American Studies Department, Tucson Unified School District by the Cambium Learning,
19 Inc.
20
55.
21
22
Christina Williams
Vice-President of Education Services for Cambium Learning, Inc. which was
23 contracted by ADOE to conduct an audit and produce a report based on the audit which
24 resulted in the Curriculum Audit of the Mexican American Studies Department, Tucson
25 Unified School District by the Cambium Learning, Inc.
26
(2.)
27
56.
Adelita Grijalva
28
c/o TUSD - 1010 East Tenth Street, Tucson, AZ.

-19-
TUSD Governing Board Member; Passage and enforcement of HB 2282/A.R.S. 15-
2 112, including impact of sanction on TUSD; Huppenthal-ADE mandated termination of

3 Mexican American Studies at TUSD; Purpose and impact of Mexican American Studies and
4 loss thereof; Actions by TUSD Governing Board.
5
57.
Steve Holmes
TUSD & Sunnyside Unified School District
Former TUSD Assistant Superintendent. ADOE investigation of TUSD and
8 enforcement actions against TUSD.

9
58.
10
11
Abel Morado
c/o TUSD - 1010 East Tenth Street, Tucson, AZ.
Employment with TUSD, including tenure as principal at Tucson High School and as
12 Assistant Superintendent for High Schools; Mexican American Studies classes at TUSD,
13 including at Tucson High School and observations; Mecha at Tucson High School;
14 Enforcement of HB 2282/A.R.S. 15-112, including ongoing ADE monitoring; Huppenthal15 ADE mandated termination of Mexican American Studies at TUSD; Purpose and impact of
16 Mexican American Studies and loss thereof.
17
All topics and related topics to deposition testimony in the instant action.
18
59.
H. T. Sanchez
19
20
1010 East Tenth Street, Tucson, AZ 85719
21
Superintendent for TUSD. ADOE investigation of TUSD and enforcement actions
22 against TUSD. Enforcement of HB 2281 and impact thereof on TUSD; CRC and MAS.
23

25
(3.)
Other Fact Witnesses
26
60.
Rodolfo Acuna, Ph.D.
27
California State University - Northridge
28
Chicana and Chicano Studies Department

-20-
1
2
18111 Nordhoff Street, Northridge, CA 91330

Professor emeritus at California State University - Northridge. Author of Occupied
3 America and numerous other books, articles and publications. Dr. Acunas scholarship was
4 included in the material banned by ADOE enforcement of HB 2281 against TUSDs MAS
5 program.
6
61.
Bill Bigelow
Zinn Education Project
c/o Teaching for Change
P.O. Box 73038, Washington, D.C. 20056
10
Curriculum editor for the education reform journal, Rethinking Schools and a co-editor
11 of Rethinking Columbus: The Next 500 Years and other publications. Mr. Bigelows work
12 was included in the material banned by ADOE enforcement of HB 2281 against TUSDs
13 MAS program.
14
62.
Richard Delgado
15
University of Alabama School of Law
16
P.O. Box 870382, Tuscaloosa, AL., 35487-0382
17
Professor and the John J. Sparkmen Chair of Law at the University of Alabama School
18 of Law. Co-author of Critical Race Theory: An Introduction, and numerous other books,
19 articles and publications. Professor Delgados scholarship was included in the material
20 banned by ADOE enforcement of HB 2281 against TUSDs MAS program.
21
63.
22
23
Stella Pope Duarte

stellapopeduarte.com
Author and educator. Author of Let Their Spirits Dance and a number of other books.
24 Ms. Duartes work was included in the material banned by ADOE enforcement of HB 2281
25 against TUSDs MAS program.
26
27
28
64.
Jose Angel Gutierrez, Ph.D.

Will supplement.
Retired college and law school professor. Author of A Gringo Manuel on How to
-21-
1 Handle Mexicans, and numerous other books, articles and publications. Professor Gutierrezs
2 scholarship was included in the material banned by ADOE enforcement of HB 2281 against
3 TUSDs MAS program.
4
65.
5
6
Luis J. Rodriguez
luisjrodriguez.com
Author of Always Running and numerous books and poetry. Mr. Rodriguezs work
7 was included in the material banned by ADOE enforcement of HB 2281 against TUSDs
8 MAS program.
9
66.
Jean Stefancic
10
University of Alabama School of Law
11
P.O. Box 870382
12
Tuscaloosa, AL., 35487-0382
13
Professor and Clement Research Affiliate at the University of Alabama School of
14 Law. Co-author of Critical Race Theory: An Introduction, and numerous other books, articles
15 and publications. Professor Stefancics scholarship was included in the material banned by
16 ADOE enforcement of HB 2281 against TUSDs MAS program.
17
67.
18
19
Luis Valdez
Will supplement.
Playwright and poet. Author of poem En Lakech and other publications, including
20 plays and poetry. Mr. Valdezs work was included in the material banned by ADOE
21 enforcement of HB 2281 against TUSDs MAS program. This includes enforcement actions
22 taken by John Huppenthal at the end of his tenure as an elected official.
23
68.
24
25
Luis Alberto Urrea

luisurrea.com
Author and poet. Author of The Devils Highway and numerous other books, poems
26 and essays. Mr. Urreas work was included in the material banned by ADOE enforcement
27 of HB 2281 against TUSDs MAS program.
28
//
-22-
69.
Robert A. Williams
University of Arizona School of Law
1201 East Speedway, Tucson, AZ 85721
Law professor and author. Author of Documents of Barbarism: The Contemporary
5 Legacy of European Racism and Colonialism in The Narrative Traditions of Federal Indian
6 Law and numerous other books, articles and publications. Professor Williams work was
7 included in the material banned by ADOE enforcement of HB 2281 against TUSDs MAS
8 program.
9
70.
Eren McGinnis/Ari Palos
10
Tucson, AZ
11
Film maker; Precious Knowledge documentary; filming at TUSD of MAS
12 classes and related events.

13
71
All necessary custodians of records, including all pubic and private entities.
14
72.
All persons necessary for foundation.
15
73.
All persons necessary for impeachment of any witnesses.
16
F.
Plaintiffs Expert Witnesses
17
These individuals and reports have been disclosed by the required
18 deadline(s) and deposed. All topics and material in or related to expert reports and/or
19 testimony and all deposition topics and exhibits.
20 II.
Documents.
21
All documents/items identified below are available upon request.
22
1.
All documents and video at Documents for Bill - HB 2281 for 49th Legislature -
23 Second Regular Session. Found at www.azleg.gov/DocumentsFor Bill. This site includes Bill
24 Overview, Sponsors, Bill Versions, Bill Summary/Fact Sheets, Adopted Amendments,
25 Proposed Amendments, House Agendas, Senate Agendas, House Calendars, Senate
26 Calendars, Bill Video Archive.
27
2.
HB 2281(A.R.S. 15-111,112)
28
3.
Tom Horne Finding of December 30, 2010

-23-
4.
John Huppenthal Findings; 2011- 2015
5.
Curriculum Audit of the Mexican American Studies Department, Tucson
Unified School District, May 2, 2011
6.
AZ Kids Cant Afford to Wait 2015
7.
John Huppenthal NPR Tell Me More Interview, 01/18/2012
8.
John Huppenthal WPF Interview, 02/28/2012. (Transcript & Video)
9.
ADOE ALJ Hearing Exhibits, Nos. 1-25
10.
TUSD ALJ Hearing Exhibits, Nos. A-O
11.
Occupied America
10
12.
Rethinking Columbus: The Next 500 Years
11
13.
Critical Race Theory: An Introduction
12
14.
A Gringo Manuel on How to Handle Mexicans
13
15.
The Devils Highway
14
16.
Pedagogy of the Oppressed
15
17.
Message to Aztlan: Selected Writings of Rodolfo Corky Gonzales
16
18.
Chicano!: The History of the Mexican American Civil Rights Movement
17
19.
500 Anos del Pueblo Chicano in Pictures
18
20.
Always Running
19
21.
So Far From God
20
22.
Documents of Barbarism: The Contemporary Legacy of European Racism and

Colonialism in The Narrative Traditions of Federal Indian Law
21
22
23.
En Lakech (poem)
23
24.
The Tempest
24
25.
Writings of Rodolfo Acuna
25
26.
Writings of Bill Bigelow
26
27.
Writings of Richard Delgado
27
28.
Writings of Stella Pope Duarte
28
29.
Writings of Jose Angel Gutierrez

-24-
30
Writing of Luis J. Rodriguez
31.
Writings of Jean Stefancic
32.
Writings of Luis Valdez
33.
Writings of Luis Alberto Urrea
34.
Writings of Robert A. Williams
35.
Boat Activities Disc12, Doc. Nos. 01-02
36.
Critical Race Theory Disc12, Doc. Nos. 03-04
37.
Curriculum Unit Farm Research Disc12, Doc. Nos. 5-27
38.
Deficit Thinking Unity Template, Disc12, Doc. Nos. 28-77
10
39.
H. Zinn Law & Justice Chapter Disc12, Nos. 78-98
11
40.
L. Lopez Questions re H. Zinn Chapter Disc12, Nos. 99-100
12
41.
2011-12 Curriculum & Pacing Guide: Am History/Mexican American
13
14
Perspectives, DISCL3, Nos. 01-50

42.
15
16
U.S. Southwest Unit, DISCL. Doc. Nos. 51-135

43.
17
18
44.
45.
46.
All blogging/internet postings by Tom Horne, John Huppenthal, Diane

Douglas or any ADE employee.
47.
25
26
All media/internet interviews by or about Tom Horne, John Huppenthal, Diane

Douglas or any ADE employee.
23
24
Mexican American Youth in the Zoot Suit Era and Their Role in the
Transformation of American Society Unit. DISCL3 Doc. Nos. 225-292
21
22
The Mexican American War and Its Contemporary Implications Unit, DISCL3
Doc. Nos. 136-224
19
20
Chicano/a Resistance & Affirmation in the Post Treaty of Guadalupe Hidalgo
All public comments, speeches, debates byTom Horne, John Huppenthal,

Diane Douglas, Magaret Dugan or any ADE employee.
48.
All video and/or audio of Tom Horne, John Huppenthal, Diane Douglas,
27
Margaret Dugan, Governor Brewer, Arizona State Legislator, House or Senate
28
committee hearing or Legislative proceeding or any ADE employee.

-25-
50.
Documentary Films - Precious Knowledge.
51.
Precious Knowlege film clips including John Huppenthal visit to Tucson
High School to observe/interact with MAS students in one of Curtis
Acostas English classes and transcript thereof.
52.
Daily Show film of MAS.
53.
Horne University of Arizona Law School debate re MAS.
54.
Banned Books picture(s).
55.
Enrollment figures/statistics and curriculium for Paulo Friere charter
9
10
schools.
56.
11
Certified transcripts and videos of legislative hearings concerning HB

2281 or related bills.
12
57.
All film, video, documentaries or movies concerning MAS.
13
58.
All deposition exhibits.
14
59.
All documents/items identified, disclosed or produced, by plaintiffs.
15
60.
All documents/items identified, disclosed or produced, by defendants.
16
61.
All documents/items identified, disclosed or produced, by TUSD.
17
62.
All documents/items identified, disclosed or produced, by any custodian
18
of record.
19
63.
All employment records identified, disclosed or produced by either party.
20
64.
All documents/items identified or produced in response to any discovery
21
22
requests.
65.
23
24
All discovery responses by defendants, including, but limited to all requests

for admissions.
66.
All deposition transcripts and/or testimony in any proceeding of any and all
25
persons and/or witness identified by either party or in the course of
26
discovery.
27
28
67.
All documents and items reflecting or recording discriminatory conduct,

words actions and communications by Defendants and/or any of their
-26-
employees, managers or agents.
68.
All documents and items related to any and all identified experts.
69.
All court filings and/or submissions by Defendants in any and all actions
4
5
concerning or related to MAS.

70.
All disclosure, discovery, transcripts, exhibits, pleadings and/or related
document or item arising out of any and all HB 2281 investigations,
monitoring and/or enforcement actions.
71.
All documents/items necessary for foundation or impeachment.
9 III. Damages.
10
1.
11
12
Not applicable.
2.
13
14
Compensatory
Not applicable.
3.
15
16
Actual
Punitive
Not applicable.
4.
Attorneys Fees and Costs.
17
Recovery will be requested for all hours worked on this case, as well as all
18
costs incurred.
19
Dated this 13th day of July, 2016.
21
/s/Richard M. Martinez
RICHARD M. MARTINEZ, ESQ.
22
Certification of Service
20
23
PDF of the foregoing sent this 13th day of July, 2016 to Defendants counsel
24
of record via e-mail.
25
26
/s/Richard M. Martinez
RICHARD M. MARTINEZ, ESQ.
27
28
-27-

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Case 4:10-cv-00623-AWT Document 356 Filed 09/26/16 Page 1 of 226

IN THE UNITED STATES DISTRICT COURT

NOAH GONZLEZ; JESS

Case No. 4:10-cv-00623-AWT

Statement of Facts in Support of their Motion for Partial Summary Judgment.

Facts relating to TUSDs Decision to Suspend MAS Program

(B) and -722(A) and (B).

Case 4:10-cv-00623-AWT Document 356 Filed 09/26/16 Page 2 of 226

Ellel Affidavit as Ex. A. 2

In response to TUSDs appeal, a hearing was conducted by Administrative

Charles Michael Hicks, ADE Associate Superintendent Kathy Hrabluk, TUSD

at 36. He concluded TUSDs program violated A.R.S. 15-112 because it includes

Case 4:10-cv-00623-AWT Document 356 Filed 09/26/16 Page 3 of 226

June 15, 2011. ALJ Decision at 8, 28.

Superintendent Huppenthal affirmed the ALJs decision on January 6,

curriculum to increase its coverage of Mexican-American history and culture, including a

Ex. E, at TUSD-ARCE 0012, attached to the Ellel Aff. as Ex. E.

To effectuate this decision, among other actions, TUSD administrators

500 Years of Chicano History, by Elizabeth Martinez.

Occupied America: A History of Chicanos, by Rodolfo Acua

Message to Aztlan, by Corky Gonzles

Chicano! The History of the Mexican American Civil Rights

Movement, by F. Arturo Rosales

Rethinking Columbus: The Next 500 Years, edited by Bill Bigelow

Critical Race Theory, by Richard Delgado

Pedagogy of the Oppressed, by Paulo Freire.

Case 4:10-cv-00623-AWT Document 356 Filed 09/26/16 Page 4 of 226

attached to the Ellel Aff. as Ex. G.

115:20-117:25, Feb. 29, 2016, attached to the Ellel Aff. as Ex. H.

On October 22, 2013, at a properly noticed public meeting, TUSDs

attached to the Ellel Aff. as Ex. I.

Since 2012, TUSD has worked to implement Culturally Relevant Curricula

at 38 and Special Masters Report and Recommendation Relating to Mendoza Plaintiffs

Implementation of Culturally Relevant Courses, Dkt. 1941.

Facts relating to Plaintiffs Inadequate Disclosure of the Basis

for their Viewpoint Discrimination Claim

On October 16, 2015, Defendants propounded interrogatories to Plaintiffs.

Defendants actions constituted a violation of Plaintiffs First Amendment viewpoint

discrimination rights. Ellel Aff. 12.

Case 4:10-cv-00623-AWT Document 356 Filed 09/26/16 Page 5 of 226

Plaintiffs responded on November 16, 2015, asserting inappropriate

directed Defendants to Plaintiffs Disclosure Statements, the documents identified therein

Defendants Non-uniform Interrogatories dated October 16, 2015, at 16-17, excerpts

attached to the Ellel Aff. as Ex. J.

In early December 2015, Defendants requested that Plaintiffs supplement

2, attached to the Ellel Aff. as Ex. K.

Later that month, Plaintiffs responded by letter to Defendants request.

Subsequently, Plaintiffs supplemented their response to Defendants

Plaintiffs January 18, 2016 Supplemental Response to Defendants Non-Uniform

Ellel Aff. as Ex. N.

Case 4:10-cv-00623-AWT Document 356 Filed 09/26/16 Page 6 of 226

Plaintiffs Disclosure Statements do not contain any specific information

Statement No. 5, 3 attached to the Ellel Aff. as Ex. O.

DATED this 26th day of September, 2016.

/s/ Jordan T. Ellel

Case 4:10-cv-00623-AWT Document 356 Filed 09/26/16 Page 7 of 226

I hereby certify that on September 26, 2016, I electronically transmitted that

transmittal of a Notice of Electronic Filing to the CM/ECF registrants of record. A copy

was emailed to Judge Tashimas chambers at judge_tashima@ca9.uscourts.gov pursuant

/s/ Kate Hofland

Case 4:10-cv-00623-AWT Document 356 Filed 09/26/16 Page 8 of 226

Case 4:10-cv-00623-AWT Document 356 Filed 09/26/16 Page 9 of 226

NOAH GONZLEZ; JESS

DIANE DOUGLAS, Superintendent of

E. Additional Sta arnt.gut~,ry Vio!tions