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A former deputy state superintendent of schools in Arizona faces theft and fraud charges in connection with what prosecutors allege was a complicated scheme to misuse federal education funds.

James Hartgraves was indicted late last month on 87 counts of theft, racketeering, fraud, bribery, and attempted witness-tampering in the case, which first became public last fall. (See Education Week, Sept. 19, 1990.)

In the 90-page statement of charges, state prosecutors allege that Mr. Hartgraves used Daryle E. Cue, a former superintendent of schools in Gila Bend, Ariz., and Robert V. Kerwood, a former professor at Northern Arizona University, as agents to misappropriate $944,000 in federal education grants.

Earlier this month, the Arizona Attorney General's office filed liens, equal to the amount allegedly stolen, against properties owned by Mr. Hartgraves, but agreed to release a portion of a lien on his home in Chandler, Ariz., to allow him to finance his legal defense.

The complaint also alleges that Mr. Hartgraves attempted to offer Mr. Cue $200,000 to buy his silence when Mr. Hartgraves discovered that the alleged thefts were being investigated.

Although Mr. Kerwood has not been charged with any wrongdoing, Mr. Cue al6ready has pleaded guilty to two counts of theft in the case and offered restitution to the state. (See Education Week, Oct. 10, 1990.)

He also has agreed to cooperate with prosecutors and to testify against Mr. Hartgraves when the case goes to trial in state court.

A federal judge has allowed black parents who oppose mandatory busing to join a longstanding desegregation suit against the DeKalb County, Ga., schools, but has denied the request of the local chapter of the National Association for the Advancement of Colored People to do the same.

U.S. District Judge William C. O'Kelley ruled last month that the original plaintiffs in the suit have failed to represent the broad interests of black parents. A group of 18 black parents who oppose busing made that argument last March when they asked to join the suit alongside the original plaintiffs. (See Education Week, March 28, 1990.)

In the same ruling, the judge said that the naacp chapter could not join the suit. The chapter has long advised the plaintiffs in the suit, but only asked to join the litigation last summer after the district announced a new magnet-school plan that the group considers inadequate.

Judge O'Kelley held, however, that the group had failed to show that its interests were not already being represented.

The DeKalb system has been under federal court order since 1969. In October 1989, a federal appeals court ruled that the system must consider further steps, including mandatory busing, to desegregate its schools. (See Education Week, Oct. 25, 1989.)

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