BILL NUMBER: ACR 73 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY FEBRUARY 6, 2012
INTRODUCED BY Assembly Member Alejo
( Principal coauthor: Assembly Member
Monning )
( Coauthors: Assembly Members
Allen, Ammiano, Blumenfield,
Campos, Cedillo, Chesbro, Davis,
Furutani, Gordon, Hall,
Roger Hernández, Huber, Hueso, Lara,
Bonnie Lowenthal, Mendoza, Perea,
V. Manuel Pérez, Portantino, Solorio,
Swanson, and Torres )
( Coauthors: Senators
Calderon and Evans )
JUNE 29, 2011
Relative to the University of California.
César Chávez.
LEGISLATIVE COUNSEL'S DIGEST
ACR 73, as amended, Alejo. University of California:
graduate admissions. César Chávez.
This measure would call upon all Californians to observe César
Chávez's birthday, March 31, as a day of public service, to recognize
the hard work and self-sacrifice that farmworkers go through to feed
all the families in our state, and to learn from César Chávez's life
and his mission of nonviolence, social justice, and selfless service
to others.
This measure would request the Regents of the University of
California to implement a comprehensive approach, by the end of the
2012-13 academic year, in the respective admissions processes of the
university's various graduate programs and professional schools by
including a broad variety of academic and personal qualifications.
This measure would also request review and revision of the admissions
policies of graduate programs and professional schools to include a
broader variety of important qualifications, with evaluation of the
weight and value given to these qualifications, so that standardized
test scores are not the overriding criterion used to determine
admissions.
The measure would also request the Regents to prohibit, by the end
of the 2012-13 academic year, standardized test scores from being
used as the sole criterion for consideration, or the primary
criterion for ending consideration, of an applicant for admission to
the University of California's various graduate programs and
professional schools. The measure would request the Regents to
describe the factors considered for admissions decisions by each
graduate program or professional school. This measure would then
request the Regents to make these descriptions reasonably available
to any interested person by publishing the description of the factors
in each graduate program's and professional school's catalogue and
by making the information available on their respective Internet Web
sites.
Fiscal committee: no.
WHEREAS, César Estrada Chávez recognized that for many people,
spanning many generations and many ethnicities, the path to a better
life frequently begins in the fields. For many farmworkers, the
American Dream means a life of self-sacrifice, hard work, and
perseverance; and
WHEREAS, César Chávez experienced the hardships and injustices of
farmworker life firsthand. He was born on March 31, 1927, in the
North Gila River Valley in Arizona, on the small family farm his
grandfather homesteaded. César Chávez's father lost the farm during
the Great Depression, forcing the family to join some 30,000
farmworkers who followed the crops throughout California and lived in
tents or makeshift housing that often lacked a bathroom,
electricity, or running water; and
WHEREAS, César Chávez understood the value of education as a path
to a better life because he quit school after completing the eighth
grade to work full time, helping to support his family in the fields.
Later in life, César Chávez became self-educated through his passion
for reading; and
WHEREAS, Although later a pacifist, in 1946, César Chávez enrolled
and served his country in the United States Navy. He was honorably
discharged whereupon he married Helen Fabela and eventually settled
in the East San Jose barrio nicknamed "Sal Si Puedes" ("Get Out if
You Can") to raise a family that eventually numbered eight children;
and
WHEREAS, In San Jose, César Chávez was introduced to the social
teachings of the Catholic Church and trained in community organizing
strategies and tactics. César Chávez and Fred Ross, an organizer for
the Community Service Organization (CSO), established CSO chapters
across California and Arizona during the 1950s, helping Latinos
register to vote, pushing for basic public services and
infrastructure in the barrios, peacefully battling police brutality
and racial discrimination, and creating the most effective Latino
civil rights group of its era; and
WHEREAS, In 1962, after failing to convince the CSO to let him
organize farmworkers, César Chávez resigned from the only decent
paying job he ever held and moved his wife and eight children to
Delano, California. There, with $1,200 in life savings that was soon
gone, César Chávez, his family, and close friends began building the
National Farm Workers Association, which later became the United Farm
Workers of America (UFW); and
WHEREAS, In 1965, in a partnership with a union of Filipino
American farmworkers, César Chávez organized a major strike against
grape growers in California. The following year César Chávez led an
unprecedented 340-mile march, from Delano to Sacramento, that placed
the farmworkers' plight before the conscience of the American people.
Supporters carried slogans with the words "HUELGA" (strike) and
"VIVA LA CAUSA" (long live our cause), advocating for improved
compensation and labor conditions. Later efforts resulted in the
enactment of California's historic Agricultural Labor Relations Act
of 1975, the first and still the only law in the nation to "encourage
and protect" the right of farmworkers to organize and bargain with
their employers; and
WHEREAS, Through countless strikes, boycotts, marches, and fasts
that produced many victories and some defeats, César Chávez, who even
considered vegetarianism an integral part of living nonviolently,
never stopped his peaceful battles on behalf of the farmworkers with
whom he shared his life. His dedication to his work earned him the
respect of some of our greatest political and civil rights leaders,
including Robert Kennedy, Martin Luther King Jr., and Jesse Jackson.
César Chávez's motto in life, "Sí Se Puede!" or "Yes We Can!" has
served as an inspiration not only for Latinos, but for working
Americans of all walks for life; and
WHEREAS, In 1993, César Chávez died peacefully in his sleep in San
Luis, Arizona. Forty thousand people marched behind his plain pine
casket during funeral services in Delano to honor a man who never
made more than $5,000 a year, never owned a home, and left no money
behind for his family. They came to affirm César Chávez's words from
his landmark 1984 address to the Commonwealth Club in San Francisco:
"Once social change begins, it cannot be reversed. You cannot
uneducate the person who has learned to read. You cannot humiliate
the person who feels pride. You cannot oppress the people who are not
afraid anymore"; and
WHEREAS, Although César Chávez was uncomfortable with personal
recognition in life, since his passing Chávez has been honored in
hundreds of communities. César Chávez was awarded "El Aguila Azteca"
(the Aztec Eagle), Mexico's highest award presented to people of
Mexican heritage. In 1994, President Bill Clinton posthumously
presented César Chávez with America's highest civilian honor, the
Presidential Medal of Freedom. In 2006, California Governor Arnold
Schwarzenegger inducted César Chávez into the first class of the
California Hall of Fame. In 2011, the United States Navy announced
naming the latest Lewis and Clark-class cargo ship being built in San
Diego the USNS César Chávez; and
WHEREAS, Since César Chávez's passing, the UFW has continued his
work through organizing farmworkers and campaigns to enact laws and
regulations to bring dignity and protections to farmworkers.
Meanwhile, the César Chávez Foundation continues improving the lives
of hundreds of thousands of farmworkers and other low-wage working
families through 30 high-quality affordable housing communities it
has built or renovated and manages in four states, a network of nine
popular educational Spanish-language radio stations in three states,
after-school tutoring for disadvantaged students in two states, and
the National Chávez Center, including a visitor center, memorial
gardens, and educational center on 187 acres in the Tehachapi
Mountains where César Chávez lived and worked, and is buried; and
WHEREAS, César Chávez successfully increased public awareness of
farmworker working conditions. To many Californians the farmworkers'
struggles are an issue from the past, a belief reflected by the fact
that farmworker suffering typically takes place in remote areas far
from cities, thereby rendering farmworkers invisible to our society.
The fruits and vegetables that we enjoy in our daily lives are
produced by farmworkers who often endure long hours of backbreaking
work and still face challenges such as inadequate enforcement of
pesticide, safety, and labor protection laws in the fields; and
WHEREAS, Farmworkers still dream of providing a better life for
their children, but the reality of having to move from crop to crop
makes this dream hard to achieve. The downturn in today's economy and
rising cost of living have pushed farmworkers further into poverty;
and
WHEREAS, In 2000, the Legislature passed and Governor Gray Davis
signed into law Senate Bill 984 (Chapter 213 of the Statutes of
2000), to create the first annual state holiday in the country on
César Chávez's birthday, March 31. Under that law, the State Board of
Education also created a statewide curriculum on Chávez and
encourages schools across the state to engage teachers and students
in service learning projects as a way of honoring the legendary farm
labor and civil rights leader; now, therefore, be it
Resolved by the Assembly of the State of California, the Senate
thereof concurring, That the Legislature calls upon all Californians
to observe César Chávez's birthday, March 31, as a day of public
service; and be it further
Resolved, That the Legislature calls upon all Californians to
recognize the hard work and self-sacrifice that farmworkers go
through to feed all the families in our state; and be it further
Resolved, That the Legislature calls upon all Californians to
learn from César Chávez's life and his mission of nonviolence, social
justice, and selfless service to others; and be it further
Resolved, That the Chief Clerk of the Assembly transmit copies of
this resolution to the Chávez family, particularly César Chávez's
widow, Helen Chávez, the United Farm Workers of America, the César
Chávez Foundation, and the author for appropriate distribution.
WHEREAS, The University of California is committed to enrolling a
student body that reflects the diversity of the State of California;
and
WHEREAS, According to the results of the 2010 census of the United
States, people of color comprise the majority of the general
population of the State of California, making it the most racially
and ethnically diverse state in the country; and
WHEREAS, Over the last 15 years, there has been a dramatic
decrease in the number of underrepresented people of color -
including African American, Latino, and Native American students -
admitted and enrolled in the graduate programs and professional
schools of the University of California; and
WHEREAS, From fall 1994 to fall 2009, inclusive, the number of
African Americans admitted to law schools at UC Berkeley, UC Davis,
and UCLA declined 49 percent, from a total of 239 to 121, and their
enrollment rate over the same period declined 61 percent, from a
total of 87 to only 34; and
WHEREAS, From fall 1994 to fall 2009, inclusive, the number of
Latinos admitted to law schools at UC Berkeley, UC Davis, and UCLA
declined six percent, from a total of 273 to 257, and their
enrollment rate over the same period declined 26 percent, from a
total of 110 to only 81; and
WHEREAS, From fall 1994 to fall 2009, inclusive, the number of
Native Americans admitted to law schools at UC Berkeley, UC Davis,
and UCLA declined 21 percent, from a total of 34 to 27, and their
enrollment rate declined 25 percent over the same period, from a
total of 12 to only nine; and
WHEREAS, From fall 1995 to fall 2009, inclusive, the number of
people of color admitted to UC business schools declined 60 percent,
from a total of 149 to 59, and their enrollment rate declined 50
percent over the same period, from a total of 68 to only 34; and
WHEREAS, From fall 1995 to fall 2009, inclusive, the number of
underrepresented people of color admitted to all of the UC graduate
programs declined 26 percent, from a total of 1,385 to 1,028, and
their acceptance rate declined 47 percent over the same period, from
a total of 751 to only 395; and
WHEREAS, Over the last 10 years, there has also been a significant
decrease in the number of Asian Americans, including Filipino
Americans, admitted and enrolled at certain graduate programs and
professional schools of the University of California; and
WHEREAS, From fall 1995 to fall 2008, inclusive, the number of
Filipino Americans admitted to law schools at UC Berkeley, UC Davis,
and UCLA declined three percent, from a total of 33 to 32, and their
enrollment rate declined 12 percent over the same period, from a
total of 17 to only 15; and
WHEREAS, From fall 1995 to fall 2009, inclusive, the number of
Asian Americans admitted to University of California graduate
programs declined 11 percent, from a total of 2,333 to 2,078, and
their acceptance declined 22 percent over the same period, from a
total of 1,097 to only 854; and
WHEREAS, These dramatic declines in the numbers of
underrepresented people of color admitted to, and enrolling in,
University of California graduate programs and professional schools
has discouraged underrepresented people of color from applying to
graduate programs and professional schools they perceive as hostile
and unwelcoming; and
WHEREAS, Limiting educational opportunities in higher education at
the graduate and professional school level perpetuates inequity
among Californians; and
WHEREAS, The dramatic decline in the numbers of underrepresented
people of color admitted to, and enrolling in, University of
California graduate programs and professional schools harms all
students because their education is without the benefit of the
perspectives those now-absent students once brought to classroom
discussions; and
WHEREAS, The dramatic decline in the number of underrepresented
people of color enrolling in University of California graduate
programs and professional schools contributes to a declining number
of underrepresented people of color entering into professions,
including law, business, education, and engineering; and
WHEREAS, The University of California Regents Study Group on
Diversity Subcommittee reported in their 2007 "Report of the Work
Team on Graduate and Professional School Diversity" that traditional
ranking methodologies have been shown to have an adverse effect on
new enrollments of underrepresented minorities, and the University of
California should leverage its influence with organizations that
rank or assess university academic programs to include metrics on
diversity and social climate; and
WHEREAS, The University of California Study Group on University
Diversity reported in their 2007 "Overview Report to the Regents"
that change is needed to achieve a level of diversity among students,
faculty, and staff appropriate to their mission, as well as a social
climate on each of their campuses that is open to and inclusive of
persons from all backgrounds; and
WHEREAS, The current admissions policies of University of
California graduate programs and professional schools are too narrow
and do not allow for a large number of qualified students of color to
be admitted and enrolled; and
WHEREAS, The University of California had approved a proposal for
a comprehensive review of its freshman admissions process to consider
a broad variety of academic and personal qualifications; however,
the same approach is not used in its graduate and professional
schools admissions process; and
WHEREAS, Standardized test scores, as the sole criterion for
consideration or as the primary criterion to end consideration of an
applicant, could well constitute a major obstacle to the admission of
underrepresented people of color to the University of California's
graduate and professional schools, and the overreliance on
standardized test scores, to the exclusion of other valuable
admissions information, exacerbates the problem of low admission and
enrollment rates of people of color; and
WHEREAS, The Law School Admissions Council (LSAC), the
organization that administers the Law School Admissions Test (LSAT),
launched a five-year effort in January 2001 to urge law schools to
deemphasize numbers-based admissions policies and to broaden their
admissions criteria; however, despite those efforts, law schools
still continue to place a substantial emphasis on standardized test
scores; and
WHEREAS, The American Bar Association's Commission on Racial and
Ethnic Diversity in the Profession reported that representation by
people of color in the legal profession is significantly lower than
in most other professions, that entry into the profession by people
of color has slowed considerably since 1995, and that enrollment by
people of color has dropped significantly at top public law schools
in California; and
WHEREAS, Industry standards and guidelines militate against using
standardized test scores as the sole criterion for making important
decisions that impact people's lives, and support the use of multiple
measures to make high-stakes decisions when these measures are
available and will add to the validity of the decision; and
WHEREAS, By broadening the admissions criteria of the graduate
programs and professional schools, and by prohibiting the use of
standardized test scores as the sole criterion for consideration or
as the primary criterion to end consideration of the applicant, the
Regents of the University of California would assert that the
University of California is committed to admitting and enrolling all
students, and would assure underrepresented people of color that they
are welcome and wanted; now, therefore, be it
Resolved by the Assembly of the State of California, the Senate
thereof concurring, That the Legislature of the State of California
requests the Regents of the University of California to implement a
comprehensive approach in the admissions processes to include a broad
variety of academic and personal qualifications for their respective
graduate programs and professional schools by the end of the 2012-13
academic year; and be it further
Resolved, That the Legislature requests that the comprehensive
approach also include reviewing and revising the admissions policies
of graduate programs and professional schools, which claim to include
some additional qualifications, to include an even broader variety
of important qualifications, as is already done for the undergraduate
admissions process of the University of California; and be it
further
Resolved, That the Legislature requests that the comprehensive
approach include reviewing and revising the weight or value placed on
each of the important factors so that the standardized test scores
are not the overriding criterion used to determine admissions; and be
it further
Resolved, That the Legislature officially requests the Regents of
the University of California to prohibit, by the end of the 2012-13
academic year, standardized test scores from being used as the sole
criterion for consideration, or as the primary criterion to end
consideration, of the applicant for admission to the University of
California's various graduate programs and professional schools; and
be it further
Resolved, That the Legislature requests that the Regents of the
University of California describe those factors that are considered
by each graduate program's or professional school in making
admissions decisions, and make those descriptions reasonably
available to any interested person, by publishing the description of
the factors in each graduate program and professional school's
catalogue, and making the information available on their respective
Internet Web sites; and be it further
Resolved, That the Chief Clerk of the Assembly transmit a copy of
this resolution to each Regent of the University of California and to
the author for appropriate distribution.