Did Arizona "Ban Ethnic Studies"?

Controversial topics always bring out the rhetorical devices. Arizona House Bill 2281--Arizona's latest in a series of controversial actions related to immigration, race, and culture--has enjoyed more than its fair share of rhetorical spin. Because cultural and ethnic studies are a large part of my own research and teaching agendas, I decided to look more closely at what the bill actually says rather than the rhetorical spin.

The primary attack on the bill is evident in various forms of the oft-repeated headline:

Arizona bans "ethnic studies"

This is a fascinating rhetorical spin by opponents of the law. A closer reading of statute 15-112, shows that the law is actually designed to prohibit the promotion of sedition or treason, prohibiting in paragraph 1, classes that promote "the overthrow of the United States government." Notice that it does not prevent the teaching of the right to free speech, the right to peaceably assemble, and so forth. It prohibits programs or classes that promote the overthrow of the government. Admittedly, the line is sometimes arguable between sedition and some of our hard-won, staunchly-defended, and democratically-unique freedoms to criticize our own government. This prohibition does not cross that line; rather, it protects it, as the next paragraphs in the bill show.

The next two paragraphs of the statute prohibit teaching "resentment toward a race or class of people" and programs or classes that are "designed primarily for pupils of a particular ethnic group." These clauses do not limit ethnic studies at all. In fact, in their repudiation of ethnic exclusivity, they actually promote the value of the individual, which is a basic tenet of American values. Sections E and F enumerate certain curricula that the law specifically allows: teaching controversial aspects of history, teaching about genocide and the oppression of peoples based on ethnicity, race, or class (interestingly, gender is not included), and teaching ethnic history--as long as those classes are not designed for a particular group nor closed to any group. These clauses provide for an inclusiveness in ethnic studies, they do not prohibit ethnic studies.

The next paragraph is perhaps the most controversial, the most powerful, and, ultimately the best part of the bill. Paragraph 4 states that classes may not "Advocate ethnic solidarity instead of the treatment of pupils as individuals." Note my added emphasis on the words "instead of." House Bill 2281 is not saying that we cannot acknowledge, learn about, and celebrate our ethnic heritage. Such a directive would be unthinkable in a nation such as we are: multicultural, diverse, and--yes--welcoming to myriad nationalities, cultures, religions, and lifestyles. What the bill does say is that ethnic solidarity at the expense of the individual is not allowed, nonproductive in a richly-diverse society, wrong.

There is no question that some people are racists and bigots. It is possible that the Arizona schools superintent who pushed this law, Tom Horne, may be racist as his detractors have accused. However, the merit of a law does not lie in motivating factors, history, or associations. The merit of a law lies in its ability to preserve and protect our nation and protect and enable our people. We are a yet a young nation, a nation striving for our egalitarian ideals of equal opportunity and rights of the individual. Bill 2281 may not be hailed as a champion of the American way, but it does, in some small part, protect those ideals.

Reasonable people should always question and fight against unreasonable actions. The debates about the Arizona bill are based not on reason, but emotion. I have included the relevant excerpt from the bill here. Read it yourself to see what it actually says.

(For space considerations, I used an excerpt reproduced in a small font. Go to the Legislature's web site at www.azleg.gov to see the entire bill in a larger font.)

Senate Engrossed House Bill
State of Arizona
House of Representatives
Forty-ninth Legislature
Second Regular Session
2010

HOUSE BILL 2281

AN ACT

AMENDING Title 15, chapter 1, article 1, Arizona Revised Statutes, by adding sections 15-111 and 15-112; amending section 15‑843, Arizona Revised Statutes; relating to school curriculum.

Be it enacted by the Legislature of the State of Arizona:

Section 1. Title 15, chapter 1, article 1, Arizona Revised Statutes, is amended by adding sections 15-111 and 15-112, to read:

START_STATUTE15-111. Declaration of policy

The legislature finds and declares that public school pupils should be taught to treat and value each other as individuals and not be taught to resent or hate other races or classes of people. END_STATUTE

START_STATUTE15-112. 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 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.

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. END_STATUTE

Sec. 2. Section 15-843, [§2, "Pupil disciplinary proceedings," omitted]

Sec. 3. Effective date

This act is effective from and after December 31, 2010.

House Bill 2281 on the Arizona Legislature site.