Burch & Cracchiolo Represents Superintendent of Education in High-Profile Constitutional Challenge

Published on Mon, September 12, 2011

On August 19, 2011, Burch & Cracchiolo attorneys, Bryan Murphy and Melissa Iyer, represented Superintendent of Public Instruction, John Huppenthal, in a high-profile administrative appeal involving important constitutional issues for the public education system. They completed the first two days of the hearing, which is presently set to continue on September 14 and to conclude on October 17.

Superintendent Huppenthal issued a finding on June 15, 2011 that the Mexican American Studies department of the Tucson Unified School District is violating A.R.S. 15-112(A), a law that was passed by the Arizona legislature in May 2010 that prohibits courses that promote the overthrow of the U.S. government, promote resentment toward a race or class of people, are designed primarily for students of a particular ethnic race or advocate ethnic solidarity instead of the treatment of pupils as individuals.

In addition to the administrative hearing, Bryan and Melissa are involved in defending federal litigation challenging the constitutionality of the same law which was brought by individual teachers involved in the Mexican American Studies department. Stay tuned for continuing developments in this important case.

Link to media coverage of this case:

http://azstarnet.com/news/local/education/article_caef909c-caa7-11e0-8212-001cc4c03286.html

http://www.nytimes.com/2011/01/08/us/08ethnic.html?pagewanted=all

http://www.azcentral.com/news/election/azelections/articles/2011/06/16/20110616tucson-ethnic-studies-audit0616.html

http://www.reuters.com/article/2011/06/16/us-tucson-schools-idUSTRE75F05I20110616