Born of Discriminatory Intent: The Creation of Arizona H.B. 2281 and the Battle for Cultural Knowledge

• In Event: Advancing Ancestral Knowledge Systems as a Conceptual Framework to Decolonize Research Methodologies in Arizona

Abstract

Objective
Arizona is a state wrought with political battles. For decades the state has struggled to improve the educational equality among and within its public school systems, yet in one of the court’s most recent opinion, the Ninth Circuit decided enough evidence was presented to further investigate violations of Arizona schoolchildren’s equal protection rights. Concentrating on the ethnic studies case in Tucson, Arizona, the objective of this paper is to use this contemporary situation to advance interest convergence principles and demonstrate the ways in which ancestral knowledge systems (AKS) can be used as a framework for examining issues of identity, pedagogy, censorship, and race within public schools.

Framework
To best explain the initial implementation of ethnic studies in Arizona public schools, this paper employs Derrick Bell’s (1980) interest convergence theory. The author uses this framework as an analytical lens for understanding the complex role in the historical experiences of Arizona Latino students. Further, the abrupt dismantling of ethnic studies in Tucson schools indicates a large disconnect between majority and minority interests where this paper argues for the adoption of AKS as a framework in building upon the revitalization of ethnic studies and the critical body of socio-legal scholarship.

Modes of Inquiry
This paper investigates and analyzes concepts and events through a narrative inquiry utilizing case studies and legal literature. In addition, as a citizen of Arizona who was born and educated in Tucson, the author’s narrative as a researcher and writer is distinct. The author’s positionality is embedded as a member of the community and as an insider who can draw upon personal experiences to demonstrate the critical need for solutions in committing to build a pluralistic and equitable state.

Data Sources
The author draws upon US and Arizona case law for the socio-legal aspects of the Arizona ethnic studies debate. This includes statutes, court case decisions, oral arguments and other legal documents to help summarize the history, implementation, and the author’s predicted downfall of HB 2281.

Results
In light of the recent holding by the Ninth Circuit Court of Appeals which reversed the district court’s grant of summary judgment for defendants on the equal protection claim and remand it back to the district court for trial, the author predicts that HB 2281/ARS 15-112 will be found unconstitutional. The paper provides examples of how AKS can be instrumental in reinstating as well as reframing the value of ethnic curricula. Lastly, the author argues for the adoption of AKS as a framework in building upon the critical body of socio-legal scholarship.

Scholarly Significance
This paper presents findings of discriminatory intentions on the part of state lawmakers, politicians, administrators, with those intentions based on the need to prevent a peoples from realizing educational and political participation in Arizona. Moreover, the author argues for the use of AKS by scholars who engage in racial, ethnic, and cultural studies, therefore finding ways to reduce overtones of nativism and xenophobia within aspects of educational policy.

Author

• Marisol Juarez Diaz, Arizona State University - Tempe