BILL NUMBER: ACR 73AMENDED 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 Hernndez, Huber, Hueso, Lara, Bonnie Lowenthal, Mendoza, Perea, V. Manuel Prez, Portantino, Solorio, Swanson, and Torres ) ( Coauthors: Senators Calderon and Evans ) JUNE 29, 2011 Relative to the University of California. Csar Chvez. LEGISLATIVE COUNSEL'S DIGEST ACR 73, as amended, Alejo. University of California: graduate admissions. Csar Chvez. This measure would call upon all Californians to observe Csar Chvez'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 Csar Chvez'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, Csar Estrada Chvez 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, Csar Chvez 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. Csar Chvez'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, Csar Chvez 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, Csar Chvez became self-educated through his passion for reading; and WHEREAS, Although later a pacifist, in 1946, Csar Chvez 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, Csar Chvez was introduced to the social teachings of the Catholic Church and trained in community organizing strategies and tactics. Csar Chvez 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, Csar Chvez 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, Csar Chvez, 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, Csar Chvez organized a major strike against grape growers in California. The following year Csar Chvez 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, Csar Chvez, 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. Csar Chvez's motto in life, "S 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, Csar Chvez 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 Csar Chvez'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 Csar Chvez was uncomfortable with personal recognition in life, since his passing Chvez has been honored in hundreds of communities. Csar Chvez 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 Csar Chvez with America's highest civilian honor, the Presidential Medal of Freedom. In 2006, California Governor Arnold Schwarzenegger inducted Csar Chvez 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 Csar Chvez; and WHEREAS, Since Csar Chvez'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 Csar Chvez 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 Chvez Center, including a visitor center, memorial gardens, and educational center on 187 acres in the Tehachapi Mountains where Csar Chvez lived and worked, and is buried; and WHEREAS, Csar Chvez 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 Csar Chvez's birthday, March 31. Under that law, the State Board of Education also created a statewide curriculum on Chvez 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 Csar Chvez'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 Csar Chvez'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 Chvez family, particularly Csar Chvez's widow, Helen Chvez, the United Farm Workers of America, the Csar Chvez 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.