Building on its success in passing SB 1070, which Gov. Jan Brewer signed into law on April 23, the Arizona State Senate passed on Wednesday, and the State Legislature passed on Thursday HB 2281, which now awaits Gov. Brewer’s signature.
Hysterical misrepresentations by New York Times propagandist Linda Greenhouse notwithstanding, as one of SB 1070’s drafters, law professor Kris Kobach explains, SB 1070 simply authorizes Arizona police to enforce federal immigration laws that the federal government has refused to enforce.
SB 1070 is a typical example of a contemporary redundant law. Such laws say something like, “Law Y: Authorizes law enforcement to enforce extant Law X,” or “Law Y: Reiterates extant Law X (and this time, we really mean it!).”
If something is the law, lawmen don’t require a second law permitting them to carry it out, but that’s what happens when people who are evil and stupid succeed at completely politicizing law enforcement.
Redundant laws are often passed, in response to movements to politically sandbag or usurp extant law. Sandbagging: The Open Borders Lobby’s long-repeated lie, insisting that local police may not enforce federal immigration law. Usurpation: State courts’ fabrication of a “right” to same-sex marriage. The sandbagging and usurpation are frequently accompanied by civil rights sophistry.
Legally, local and state police have no need for a state law authorizing them to enforce federal laws, which they do all the time in cases of carjackings, bank robberies, and kidnappings, and no one claims that because federal laws govern such crimes, non-federal lawmen may not enforce such laws.
The complete text for HB 2281 follows.
“HB 2281 prohibits a school district or charter school from including courses or classes that either promote the overthrow of the United States government or promote resentment toward a race or class of people.
History
The State Board of Education (SBE) must prescribe a minimum course of study, incorporating Arizona’s academic standards, to be taught in Arizona public schools (Arizona Revised Statutes (A.R.S.) § 15-701). School district governing boards must approve the course of study, including the basic textbook for each approved course and all other units recommended for credit before implementing each course in both elementary and high schools. Pursuant to A.R.S. § 15-701.01, a governing board may adopt courses of study that are in addition to or higher than that prescribed by the SBE.
Current law requires the principal of each school to ensure that all rules pertaining to the discipline, suspension, and expulsion of pupils are communicated to students at the beginning of each school year. All cases of suspension must be for good cause and must be reported within five days to the governing board by the superintendent or person imposing the suspension. The school district governing board is required to post regular notices and take minutes of any hearing concerning the discipline, suspension, or expulsion of a pupil (A.R.S § 15-843).
Provisions
- States that 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.
- Prohibits a school district or charter school from including in its program of instruction any courses or classes that :
Promote the overthrow of the United States government.
Promote resentment toward a race or class of people.
Are designed primarily for pupils of a particular ethnic group.
Advocate ethnic solidarity instead of the treatment of pupils as individuals.- States that if the SBE determines that a school district or charter school is offering a course that violates this act, the SBE must direct the Superintendent of Public Instruction (Superintendent) to notify the school district or charter school that it is in violation.
- Stipulates that if the SBE determines that the school district or charter school has failed to comply within 60 days after a notice has been issued by the Superintendent, the SBE may direct the ADE to withhold up to 10% of the monthly apportionment of state aid that would otherwise be due to the school district or charter school and requires ADE to adjust the school district or charter school’s apportionment accordingly.
- Specifies when the SBE determines that the school district or charter school is in compliance with not offering a prohibited course, ADE must restore the full amount of state aid payments to the school district or charter school.
- Stipulates that actions taken under this act are subject to appeal pursuant to laws relating to uniform administrative hearing procedures.
- States that this act cannot be construed to restrict or prohibit:
Courses or classes for Native American pupils that are required to comply with federal law.
The grouping of pupils according to academic performance, including capability in the English language, that may result in a disparate impact by ethnicity.
Courses or classes that include the history of any ethnic group and that are open to all students, unless the course or class violates this act.- Prohibits rules pertaining to the discipline, suspension, and expulsion of pupils from being based on race, color, religion, sex, national origin, or ancestry.
- States that if the ADE, the Auditor General, or the Attorney General determines that a school district is substantially and deliberately not in compliance with pupil disciplinary actions and if the school district has failed to correct the deficiency within 90 days after receiving notice from the ADE, the Superintendent may withhold the monies the school district would otherwise be entitled to receive from the date of the determination of noncompliance until the ADE determines that the school district is in compliance.
- Makes technical and conforming changes.
[HB 2281, Sponsors: Representatives Montenegro, Gowan, Seel, et al., (Arizona) House of Representatives.]
Only 686 words long. All bills should be so succinct!
Both the title and text of an anonymous article from Fox News on SB 2281, “Arizona Legislature Passes Bill to Curb ‘Chauvanism’ in Ethnic Studies Programs,” sought to undermine the bill by mocking State Superintendent for Public Instruction Tom Horne as ignorant, by quoting him as misspelling “chauvinism” as “chauvanism,” which plays on the “stupid nativist gringo” trope beloved by the Open Borders Lobby, while providing Fox News’ anonymous OBL “reporter” plausible deniability.
Elsewhere, the Fox article quotes Horne as spelling “chauvinism” correctly, and provides no source for either his correct or incorrect spelling. Thus is even Fox News jumping on the anti-Arizona bandwagon.
State Superintendent for Public Instruction Tom Horne called passage in the state House a victory for the principle that education should unite, not divide students of differing backgrounds.
“Traditionally, the American public school system has brought together students from different backgrounds and taught them to be Americans and to treat each other as individuals, and not on the basis of their ethnic backgrounds,” Horne said. “This is consistent with the fundamental American value that we are all individuals, not exemplars of whatever ethnic groups we were born into….
Horne began fighting in 2007 against the Tucson Unified School District’s program… Horne claimed the ethnic studies program encourages “ethnic chauvanism [sic],” promotes Latinos to rise up and create a new territory out of the southwestern region of the United States and tries to intimidate conservative teachers in the school system.
But opponents said the bill would prevent teachers from using an academically proven method of educating students about history. [NS: BWAHAHAHA!] They also argued that the Legislature should not be involved in developing school curriculum.”
“Arizona Legislature Passes Bill to Curb ‘Chauvanism’ in Ethnic Studies Programs,” Fox News, Updated April 30, 2010.
But Arizona lawmakers aren’t done in their endeavors to protect their legal residents, and be a light unto the nation.
As my VDARE colleague, Edwin S. Rubenstein writes, Senate Bill 1097 “will require public schools to identify and count students who are in the country illegally…. [And require] Arizona’s Department of Education to determine the cost of educating such students and to research the ‘adverse impact‘ of their enrollment.”
SB 1070 and SB 1097 were both written by Arizona State Senator Russell Pearce.
A tip ‘o the hat to American Renaissance.
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