From Draft NOtices, April-June 2022
--Isidro Ortiz, PHDThe history of the movement for ethnic studies in California and elsewhere continues to be contentious and dynamic. That it has been and continues to be is not surprising, for as noted in an earlier Draft NOtices article, there is much at stake, including the possibility of students developing a critical consciousness that might pave the way for the questioning of militarism.
Since the last article on this topic in Draft NOtices, there have been two developments in California that are worthy of notice. First, due to a lawsuit settlement, in January the California Department of Education decided to “excise” two affirmations from the California model ethnic studies curriculum. These were the “In Lak’ech Affirmation” and the “Ashe Affirmation.” The actions were in response to litigation brought by the Californians for Equal Rights Foundation. In September 2021, the Foundation and three parents from San Diego accused the state of violating provisions of the California Constitution relating to religion, specifically Article 1, Section 4, and article XVI Section 5. The Department decided to accept settlement “in order to avoid the costs, expense and uncertainty of protracted litigation.”
In the aftermath of the settlement, Frank Xu, president of the Foundation, declared in a San Diego Union-Tribune commentary that the foundation was “not categorically opposed to the idea of teaching ethnic studies in state classrooms” and supported a “balanced and constructive ethnic studies course, to the extent that such lessons add to the general education value for our K-12 students.” But, he said, “That has not been the case with the ethnic studies model curriculum. Or the more popularized liberated ethnic studies, both steeped in critical pedagogy.”
Xu declared that the lawsuit had only challenged the prayer components of the “In Lak’ech” and “Ashe” affirmations. He complained that “the education establishment has not lost momentum in promoting an ideologically charged version of ethnic studies. But, at least, the removal of the two chants moved the state closer in alignment with our constitutional principles of equal treatment and no religious endorsement.”