Supreme Court Says Schools Can Make Race Based Decisions

[AyatollahGondola]

http://www.sacbee.com/state_wire/story/1937202.html

Opponents said the district's efforts violated Proposition 209, which forbids the use of racial preferences in public education.

But in March, an appeals court ruled Berkeley's policy did not run afoul of the proposition because it did not consider an individual student's race, but the racial makeup of the student's neighborhood.

Normally I'd be scratching my head at the courts reasoning here, but once you consider the court has been using the "end justifies the means" test to base their arguments on, it becomes less of a mystery

[Coso Kid]

http://www.sacbee.com/state_wire/story/1937202.html



Normally I'd be scratching my head at the courts reasoning here, but once you consider the court has been using the "end justifies the means" test to base their arguments on, it becomes less of a mystery

So, the ruling is that it OK to make racist decisions in favor of non-whites, but not the other way around?

Or does it mean that a white kid in a Majority Latino School District can force the local School district to stress Americanism and English language skills?

[AyatollahGondola]

I think it means they have found a way around prop 209 period. Add this one to the prop 187, Joe turner's initiative, and so many others. The courts are the official policy approvers. The law is meant to be folded, bent, and mutilated

[joazinha]

The law has been TWISTED OUT of shape in EVERY direction!

[kjl]

I just read an article today that was from a paper in the Inland Empire that the schools there are now giving preference to less discipline when disciplining minorities because of their cultural differences. Yes, they actually said that because the minorities get into more disciplinary situations in school, that they should be treated less severely. Remember, they are always victims of society, that being White society. And yes, they can basically do what they want and get away with it.

[ilbegone]

This story is all over the web but I believe it had its origins here: http://www.azcentral.com/arizonarepu...chern0920.html

MacEachern: Tucson schools create race-based system of discipline

by Doug MacEachern - Sept. 19, 2009 08:22 PM
The Arizona Republic

It has been a busy summer for our friends running the Tucson Unified School District.

As always, the annual Institute for Transformative Education summer seminar, hosted by TUSD's amply funded Mexican/American raza-studies program, was fun. So much racial bitterness to obsess over.

Tim Wise, the ultra-angry Tulane University poli-sci grad who has made a great living finding racism under every doormat, was the featured speaker. Everyone was wowed.

In a year in which hundreds of district teachers received pink slips, meanwhile, TUSD spent thousands on recruiting teachers from out of state.

And it hired a coordinator at $80,000 per annum to lead the effort.

The recruiting was prompted by what is fast becoming the consuming passion of the TUSD governing board and its allies - to establish a corps of teachers that precisely mirrors the racial make-up of its heavily minority student population.

You can argue the efficacy of such issues legitimately, certainly.

On a certain emotional level, it is a good thing for a minority student with few incentives to achieve much academically to see others who have.

But, as always, TUSD's race-obsessing board of governors is taking racial bean-counting to preposterous extremes.

This summer, the TUSD board adopted a "Post-Unitary Status Plan" that it expects will help the district escape a decades-old federal desegregation order.

The plan includes increasing the number of minority teachers - per the summer hiring spree, which netted 14 special-education teachers and one math-science teacher.

It also includes a vast expansion of the district's controversial Mexican-American studies program.

Despite the budget-enforced closing of school libraries, the shuttering of arts and music programs and the layoff of teachers and counselors in other disciplines, the Post-Unitary Status Plan calls for a vigorous expansion of the program run by TUSD's happy band of unrepentant political leftists.

The board's plan also calls for changes intended (however counterproductive those plans may be) to improving the lot of minority students.

It wants to see more minority students enrolled in advanced-placement programs, for example - a laudable goal, certainly. But consider one significant part of the plan for "improving" the academic status of TUSD's Black and Hispanic students:

The board is calling for a two-tiered form of student discipline. One for Black and Hispanic students; one for everyone else.

With the goal of creating a "restorative school culture and climate" that conveys a "sense of belonging to all students," the board is insisting that its schools reduce its suspensions and/or expulsions of minority students to the point that the data reflect "no ethnic/racial disparities."

From the section of the 52-page plan titled "Restorative School Culture and Climate," subhead, "Discipline":

"School data that show disparities in suspension/expulsion rates will be examined in detail for root causes. Special attention will be dedicated to data regarding African-American and Hispanic students."

The board approved creating an "Equity Team" that will oversee the plan to ensure "a commitment to social justice for all students."

The happy-face edu-speak notwithstanding, what the Tucson Unified School District board of governors has approved this summer is a race-based system of discipline.

Offenses by students will be judged, and penalties meted out, depending on the student's hue.

Certainly, from the point of view of a public-school administrator, such a policy is beyond insane.

TUSD principals and disciplinarians (assuming such creatures still exist) are being asked to set two standards of behavior for their students.

Some behavior will be met with strict penalties; some will not. It all depends on the color of the student's skin.

It is an invitation to chaos.

The students of the Tucson Public School District certainly deserve more.

They deserve a chance to excel academically.

Instead, they get this. Genuine apartheid.

[ilbegone]

What does this mean?

This summer, the TUSD board adopted a "Post-Unitary Status Plan" that it expects will help the district escape a decades-old federal desegregation order.

next line:

The plan includes increasing the number of minority teachers - per the summer hiring spree, which netted 14 special-education teachers and one math-science teacher.

[ilbegone]

This might explain some of it http://www.tucsoncitizen.com/altss/p...ontpage/115431

TUSD post-desegregation proposal includes 'first- choice' schools
MARY BUSTAMANTE
Published: 04.29.2009

What could be a final step in getting Tucson Unified School District released from a three-decades-old desegregation court order was approved by the board Tuesday.

The TUSD Post-Unitary Status Plan was authorized for submission to U.S. District Judge David Bury by a 4-1 vote, with clerk of the board Mark Stegeman saying he had questions about the plan that should be addressed, "although overall I like it very much."

Highlights of the plan include:

• The development of "first- choice" schools to encourage voluntary movement of children.

• Transportation, previously not offered when parents elected to send their children to other schools, would be offered.

• The hiring of a recruiter to search for more highly qualified "teachers of color."

• The development of strategies so there will be equal opportunities for all children to get into advanced classes and programs such as Gifted and Talented Education (GATE), Advanced Placement and International Baccalaureate.

• The development of plans to eliminate disparities in suspensions, which historically involve high percentages of minorities.
Stegeman, explaining why he voted against the plan, said he hadn't gotten responses from the staff on what could become "perverse incentives" to treat students unfairly. He said schools could end up driving students in majority populations away in an effort to try to attract others.

Member Adelita Grijalva, whose father, now U.S. Rep. Raúl Grijalva, was part of the plaintiffs' group calling for desegregation and later was on the board as it was begun, said she was proud the plan was going forward.

They spent three decades getting the numbers up and took over the school, now it's time to re-segregate?

[ilbegone]

Barbara Grijalva's response: http://www.kold.com/Global/story.asp?S=11187830

Education chief blasts TUSD plan he hasn't read

By Barbara Grijalva

TUCSON, AZ (KOLD) - Biting criticism out of Phoenix toward Tucson Unified School District.

The issue is race. Let's bring you up to date.

For about 30 years, TUSD has been under a federal desegregation order.

An African-American family and an Hispanic family had filed suit against the district.

TUSD is very close to achieving what is called unitary status, meaning it can come out from under the desegregation order.
TUSD has presented its 52-page "TUSD Post-Unitary Status Plan"*to a federal judge in the hopes of achieving unitary status.
The judge is reviewing it now.

Arizona Superintendent of Public Instruction Tom Horne doesn't like what's in the plan.

Over the weekend, a columnist at a Phoenix newspaper claimed it contains a plan for race-based discipline.

Horne came to Tucson to say he*is now*against what's in the plan.

One problem. *He hasn't read it.

"I haven't read the plan itself, but I've read descriptions of the plan," Horne told the Tucson news conference.
I asked Horne, "So you have not read the plan. And you have not talked to TUSD administrators about the plan?
Horne replied, "That is correct."

Horne says he read a newspaper article about the plan, and the opinion piece that claims it calls for two-tiered, race-based discipline.
"Well, TUSD itself has said they're seeking to reduce minority discipline," Horne said.
When pressed, Horne admitted he didn't know who had said that.
Horne says he is passionate about keeping race out of education.

After his news conference, a TUSD employee confronted him.
"So*I really would like it if you would take the time to call Dr. Elizabeth Fagen and she can clarify all the issues for you. Okay?" said TUSD Chief Financial Officer*Bonnie Betz.
Horne said, okay, and they thanked each other.

So, we went to talk with*TUSD Superintendent Dr. Elizabeth Celania-Fagen.
"This is a situation where this is just misinformation. It's inaccurate. It's not true. We do not have a two-tier or a race-based system at all. We have a system that is for all children," Celani-Fagen said.
"And I just don't understand so much conversation based on inaccuracy. I've never seen anything like it before," she continued.
Dr. Celania-Fagen says she would hope Horne would read the plan, and call with any questions.

Horne says, based on what he believes, he wants to get a bill passed in the legislature.
"Have a provision prohibiting the use of racial categories in disciplining kids," he said.
Hispanic and African-American students are mentioned throughout TUSD's unitary plan.

Dr. Fagen says there's a simple explanation:* The plan comes out of the lawsuit against the district three decades ago.
"I think it's also important to remember that the plan was written for the plaintiffs, and the plaintiffs are African-American and Hispanic and so it specifically talks to those students. But that doesn't, in any way, mean the plan doesn't apply to all students," Celania-Fagen said.
Horne says, if he gets his law passed, and the federal judge approves the unitary plan the way it is, he will go to court over it.

By the way, Horne says he is considering running for Arizona Attorney General.
He says he has formed an exploratory committee.

[ilbegone]

Here is an email from board member Miguel Cuevas to Columnist MacEachern and the response: http://www.azcentral.com/members/Blog/DougMacE/63612

Intro

TUSD Governing Board member strikes back

Below is an email I received from TUSD*board member Miguel Cuevas, one of four Governing Board members to approve the district's (now) controversial Post-Unitary Status Plan, which demands (in the sort of upside -down language education professionals dearly love) that district schools lower the percentages and raw numbers of minority students drawing harsh discipline penalties, in order to create "equity."

Mr. Cuevas, as you will note, insisted that his entire email be posted if I chose to place it on my blog, including his contact information. OK, then. It had not occured to me to post his email on my blog at all. But, now that he mentions it, that's a good idea. My response to Mr. Cuevas follows:

Cuevas' email

Dear Mr. MacEachern:
*
First off, by way of introduction, my name is Miguel Cuevas. I am one of the Governing Board Members for the Tucson Unified School District. In addition, I must convey to you that I am writing you as an individual board member*and not on the behalf of the TUSD Governing Board. The purpose of my email is to establish a line of communication for you and to seek further clarification on your recent published ?viewpoint? on TUSD.
*
As you may know your ?viewpoint? that was published on September 19, 2009 created ripple effects in our community. Like public officials, journalists are expected to convey their*opinions and stories from facts. However, before I pass judgment on you or your integrity, I have questions about your viewpoint.*If possible, please answer the following questions for me:
*
1.***** Have you read the student rights and responsibility handbook (http://tusd1.org/contents/d...>http://tusd1.org/contents/d...)?*(If not, the title should be self-explanatory, but it should be noted that this book discusses disciplinary infractions for students. In addition, this was approved by the current governing board.)*Can you please guide me to where the two-tiered discipline policy is addressed to the students of TUSD?
2. * In addition, can you please refer me to a Governing Board policy that has recently passed that calls for a two-tiered student discipline system?
*
Once again, thank you for your time. In addition, if you plan on posting this on your blog, I would request that you post the entire letter (contact information included) and your answers.
*
Best Regards,
*
Miguel A. Cuevas
TUSD Governing Board member
[email protected]
Cell: 520-461-3443

The response

MacEachern responds:
*
Mr. Cuevas:

Thanks for your note. I look forward to your judgment regarding my integrity.
Regarding your questions:

1.As best I can tell, the current debate – even among the members of your board interviewed in the Arizona Daily Star --* has nothing to do with your handbook. The debate is over the Post-Unitary Status Plan. So I fail to see your point. In all candor, just raising it suggests you are attempting to change the subject.
*
** In its own Plan, the Board appears to address what it judges the uneven application of disciplinary measures far more than it does the measures themselves. Time and again, your Plan repeats that school administrators must commit to minimizing referrals and suspensions “especially those of African American and Hispanic students.” As your fellow board member, Mark Stegeman, stated on the Arizona Daily Star web site yesterday (and, I must presume, to you and your fellow board members directly), “I felt that one unintended consequence of the discipline policies outlined in the post-unitary plan could be the creation of incentives for schools to apply different standards of discipline to students from different groups. That was one reason why I voted against the plan.”

*In enacting your Plan, in other words, Mr. Stegeman is (correctly in my judgment) concerned that the Board is effectively putting school administrators in an impossible position if they truly wish to apply discipline standards in a uniform manner. The issue, as I see it, is altering ratios.
*
** You will have to explain to me, Mr. Cuevas, how school administrators are going to reduce the ratio of disciplinary penalties leveled against minority students without creating two tiers of penalties, one for minority students and one for others. I have not seen a credible explanation, anywhere, as to how that is to occur.

** I should acknowledge that at least your fellow board member, Ms. Grijalva, is explicit in her assessment of the problem, which (in her mind) is that the school principals and faculty are incapable of fairly applying discipline because of inherent bias in their judgment of minority students. I would be curious to know if you share her indictment of your own district administrators and faculty. Ms. Grijalva clearly construes the system of discipline as it currently exists at TUSD as racist in application. Do you agree?*

2.Your Plan calls, repeatedly, for ameliorating the problem of minority students being penalized at a ratio higher than their representation by decreasing student discipline referrals… “especially with regard to African American and Hispanic students.”

** It is incumbent upon Board members like yourself to provide real-world, rational explanations to the public (to say nothing of the faculty and administrators this policy so emphatically insults) as to how the district can possibly implement this Plan without turning a blind eye to discipline infractions by minority students. You have not done so thus far.
Regards,
Doug MacEachern

[joazinha]

Minorities are NO LESS deserving of NEEDED discipline, in fact they require MORE discipline to DISPEL their victim entitlement mentality!