Exhibit CC 03-17-14 Item #1 SCA-5ILA
TO: City Council
FROM: Louis Sarmiento
DATE: March 17, 2014
RE: Senate Constitutional Amendment 5 (SCA -5)
MEMORANDUM
Please find the attached joint press release from Senator Hernandez and Assembly
Speaker Perez regarding the current status of SCA -5. As noted herein, Sen. Hernandez,
author of the measure, has requested that Speaker Perez send the measure back to the
Senate without taking action.
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STATE CAPITOL
ROOM 2080
SACRAMENTO. CA 95814 SENA rOR
7 "GL (916) 651 4024
FAA ,916)445 -0485 ED HER'.N'ANDEZ, O.D.
TWENTY- F.O -U,RTH SENATE DISTRICT
100 S. VINCENT AVENUE
SUITE 401
WEST COVINA, CA 91790
TE1. i).130_2499
PAa 526),120-2,191
Press Release (Embargoed until 3/17/14 at 3pm) Contact: Janet Chin, Comm. Dir.
March 17, 2014 (626)430 -2499
Senator Ed Hernandez Announces Bicameral Commission on SCA 5 and
Equal Opportunity in Higher Education
(Sacramento, CA) - - -In collaboration with Serrate pro Tem Darrell Steinberg and
Speaker John Perez, we are announcing the formation of.a joint Senate and Assembly
Commission tasked with holding hearings up and down the state to solicit expert
testimony, as well as public input, concerning SCA 5 and equal opportunity in
California's public institutions of higher learning.
Given the scare tactics and misinformation used by certain groups opposed to SCA 5,
we felt it was necessary to have a discussion based on facts and take the time to hear
from experts on the challenges our public universities and colleges face with regards
to diversity, as well as the implications for California's workforce and our overall
competitiveness in a global economy. Although I have met with, and will continue to
meet with, individuals and organizations that have concerns regarding SCA 5, these
Commission hearings will be yet another opportunity for people to have their voices
heard.
Even though SCA 5 has been moving through the Legislature since early last year, I
have agreed to hold the bill until this Commission has completed its work and allow
even more time for a robust and constructive debate about how we improve and
expand opportunities in California's higher education system. I look forward to the
discussions ahead and the opportunity to work with my colleagues in the Senate and
the Assembly, and all Californians, to address; the serious inequities in our higher
education system.
i.
CUPERTINO
CC 3 -17 -14 Item #1
Redlined wording "in its current
form" at last line
OFFICE OF THE CITY MANAGER
CITY HALL
10300 TORRE AVENUE • CUPERTINO, CA 95014 -3255
TELEPHONE: (408) 777 -3212 www.cupertino.org
CITY COUNCIL. STAFF REPORT
Meeting: March 17, 2014
Subject
Senate Constitutional Amendment 5 (SCA -5)
Recommended Action
Staff recommends that City Council provide direction on the City's position on
proposed legislation.
Discussion
SCA -5 is a measure in the California Legislature, which would pose to the voters, if
passed by both houses, the question of whether to remove "public education" from the
prohibition of the "State" from discriminating, or granting preferential treatment to, any
individual or group on the basis of race, sex, color, ethnicity, or national origin. In the
section's definition of "State," the following would be removed from the Constitution:
"public university system, including the University of California, community college
district, school district." Further, the proposal would add, "'State' does not include the
University of California or the Public School. System."
As provided in Article 18 of California Constitution, the Legislature may submit a
measure to the voters in a general election after the measure passes a two- thirds vote in
each house. The measure has passed in the Senate, and currently is in the Assembly. On
January 301h, SCA -5 was read for the first time and held at the desk. The remaining steps
in the Assembly are: the Rules Committee Will assign the measure to committee (likely
Higher Education), committee hearing, con:imittee action, second hearing, and third
hearing. As this measure is a constitutional amendment, if passed by two- thirds of each
house, it will go to a vote of the electorate. The last day for the Secretary of State to
determine whether the measure qualifies for the November 2014 ballot is June 26.
The purpose of the legislation is to submit a constitutional amendment to the voters;
which, if approved, would allow for consideration of racial or other protected
categories in the admissions process of public schools, specifically the U.C. System. The
California Constitution confers broad powers upon the U.C. Regents, including the "full
e
powers of organization and government" subject to legislative control in certain areas.
(Cal. Const. Art IX, Sect. 9). As with any other public entity, the U.C. Regents are bound
by the California Constitution, and any amendment. The current U.C. Regents policy
regarding admission provides, in relevant part:
Mindful of its mission as a public institution, the University of California has a
historic commitment to provide places within the University for all eligible
applicants who are residents of California. The University seeks to enroll, on
each of its campuses, a student body that, beyond meeting the University's
eligibility requirements, demonstrates high academic achievement or exceptional
personal talent, and that encompasses the broad diversity of cultural, racial,
geographic, and socioeconomic backgrounds characteristic of California."
Regents Policy 2102, "Policy on Undergraduate Admissions ".
The State and the U.C. Regents are bound by the U.S. Constitution and Supreme Court
precedent. In particular, state university "decisions based on race or ethnic origin... are
reviewable under the Fourteenth Amendment," Univ. of Cal. V. Bakke, 438 U.S. 265,287
(1978), using a strict scrutiny standard. Under strict scrutiny, a university must clearly
demonstrate that its "purpose or interest is both constitutionally permissible and
substantial, and that its use of the classification is necessary... to the accomplishment of
its purpose." 438 U.S. at 305. In Bakke, Justice Powell identified the interest in the
educational benefits that flow from a diverse student body as a compelling interest that
could justify the consideration of race. The Supreme Court in Grutter v. Bollinger added,
"To be narrowly tailored, a race - conscious admissions program cannot use a quota
system" 539 U.S. 306, 334 (2003), but it must "remain flexible enough to ensure that each
applicant is evaluated as an individual and not in a way that makes an applicant's race
or ethnicity the defining feature of his or her application," 539 U.S. at 337.
As of January 24, 2014, American Civil Rights Coalition is the only organization
opposing the bill that is acknowledged in California Senate documents. The following
organizations support S'CA -5:
- AFSCME;
- American Association of University Women;
- Association of California Healthcare Districts;
- Bassett Teachers Association;
- California Academy of Physician Assistants;
- California Association for Nurse Practitioners;
- California Black Chamber of Commerce;
- California Black Health Network;
I
- California Communities United Institute;
California Hospital Association;
California Medical Association;
California Nurses Association;
California Pan - Ethnic Health Network;
California Pharmacists Association;
California Primary Care Association;
California. State Student Association;
California Teachers Association;
Equal Justice Society;
- Equality California;
- Health Access California;
- Hispanic Association of Colleges and Universities;
- Lawyers' Committee for Civil Rights of the San Francisco Bay Area;
Medical Oncology Association of Southern California, Inc.;
People Improving Communities through Organizing;
- Public Advocates;
- The Greenlining Institute;
University of California Student Association; and
Western Center on Law and Poverty
The ad hoc Legislative Action Committee, consisting of Mayor Wong and Vice Mayor
Sinks, met and recommended that Council oppose SCA -5 i itS EUFrent Form
Prepared by: Louis Sarmiento, Assistant to the City Manager and Council
.Reviewed by: Rick Kitson, Public Affairs Director
Approved for Submission by: David Brandt, City Manager
Attachments:
A - Text of SCA -5
Capitol Alert: John A. Perez halts effort to overturn California's Prop. 20!) http:// blogs. sacbee .com /capitolalertlatest/2014 /03 /john -a- perez- halts -...
�G 31 «il
.171-11, SAC R:A N[EiN 1'0 13EE salcbee.com
The latest on California politics and government
March 17, 2014
John A. Perez halts effort to overturn California's Prop. 209
California voters will not be asked this year to decide
whether to roll back California's ban on racial
preferences in college admissions, Assembly Speaker
John A. Perez announced Monday.
At the request of Sen. Ed Hernandez, author of
Senate Constitutional Amendment 5, Perez said he is
sending the measure back to the Senate without
taking any action in the lower house.
":It really is driven most by my interest in making sure
we come out with the best policy outcomes," Perez
said.
"And as it's currently written I don't think SCA 5 gives
us that. As it's currently written it requires a
mo- thirds vote of both houses, and those votes don't
exist in both houses."
Perez said he and Senate leader Darrell Steinberg will
form a task force to discuss whether California should
change the way it admits students to public
universities.
The group will include representatives from the University of California, California State University and the
community colleges, he said.
The move came a week after three Asian- American state senators -- who had previously voted for SCA 5 --
asked Perez to,p q a_ stop the measure..
I of 3 3/17/2014 1:50 PM
Capitol Alert: John A. Perez halts effort to overturn California's Prop. 209http:// blogs. sacbee .com/capitolatertlatest/2014 /03 /john- a- perez- halts-
we have heard from thousands of people throughout California voicing their concerns about the potential
impacts," Sens. Ted Lieu of Torrance, Carol Liu of La Canada Flintridge and Leland Yee of San Francisco
wrote to Perez on March ii.
The measure would overturn part of Proposition 209, which voters approved in 1996, by allowing public
colleges and universities to use race and ethnicity as a factor in judging students for admission. Democrats in
the state Senate used their two- thirds superrnajority to pass SCA 5 in January, sending it to the Assembly for
consideration. Since then, Asian- American advocacy groups have been organizing opposition around the
state, arguing that affirmative action will help some ethnic groups at the expense of others.
"As lifelong advocates for the Asian- American and other communities, we would never support a policy that
we believed would negatively impact our children," Lieu, Liu and Yee wrote in their letter to Perez.
"Given that many in the (Asian Pacific Islander) and other communities throughout the state feel that this
legislation would prevent their children from attending the college of their choice, we have asked Senator Ed
Hernandez to hold SCA 5 until he has an opportunity to meet with affected communities and attempt to build
a consensus."
Here is a video of'Perez discussing how he thinks Proposition 2o9 has impacted California's public
universities:
PHOTO:: Assembly Speaker John A. Perez, D -Los Angeles points to the desk of Assemblywoman Nora
Campos, D -San Jose before legislators are sworn in during the first day of session at the State Capitol in
Sacramento, Calif. on Monday, Dec. 3, 2012. The Sacramento Bee /Hector Amezcua
Editor's note: This post was updated at 12:39 p.m. to include comments fromAssembly Speaker John A.
Perez and updated at 1: o9 p.m. to include a video.
Categories: BiNs-(201-3 =201-4 session)
2 of 3 3/17/2014 1:50 PM
C c 3 irk Ire
Louis Sarmiento I
v
From:
Chin, Janet <Janet.Chin @sen.ca.gov>
Sent:
Thursday, March 13; 2014 :,:03 PM
To:
Louis Sarmiento
Cc:
Charles, Rob
Subject:
RE: Cupertino Special Meeting on SCA -5
Attachments:
SCA 5 - Fact Sheet - Higher Education Prop 209 (3).pdf, The Impact of Proposition 209
and Our Duty to Our Students — UCLA,Chancellor Gene Block.mht; 1992 -2012 UC
Enrollment Gap Analysis OP 07 2013.pdf; 1995 v 1998 - Precipitous Drop Stat - L -AA-
NA.xlsx; Gap Analysis 08 07 2013 (2).pdf, Statement for Cupertino Council.pdf
Louis,
Thank you for your email and invitation.
Per my phone conversation w/ Mayor Wong, please see attached fact sheet and data on SCA 5 in preparation for your
meeting.
Unfortunately, the Senator's schedule will not allow him to attend and we don't have any staff available for this
meeting.
However, I have included the Senator's statement that could possibly be read by the mayor on the Senator's behalf.
We understand that there is*quite a bit of misinformation about SCA 5 circulating, esp. in the Chinese - American
community.
We hope that the materials attached would assist your council and residents in better understanding SCA 5.
Please feel free to let me know if the materials provided are sufficient.
Thank you.
M. Janet Chin
Cornmunications Director
State Senator Ed Hernandez, O.D.
100 S. Vincent, Ste. 401
West Covina, CA 91790
(626) 430 -2499
(626) 430 -2494 FAX
http: / /sd24.senate.ca:govl
Kvcp it Green!— print' only ifubsolutch.- nucessnr%
From: Louis Sarmiento [ma ilto: Lou isS(- Ocupertino.org]
Sent: Thursday, March 13, 2014 10:01 AM
To: Chin, Janet; Charles, Rob
Subject: Cupertino Special Meeting on SCA -5
Dear Janet and Rob:
The Cupertino City Council will be considering SCA -5 at a special meeting on Monday, March 17th at 3:00 PM.
Please pass along the attached letter from the Mayor of Cupertino requesting either the Senator's or your
presence. Thank you in advance.
Best,
Louis Sarmiento
Assistant to the City Manager and Council
City of Cupertino
i,
II al
STATE CAPITOL
ROOM 2080
SACRAMENTO, CA 95814 SERI, TOR
TCL (916) 651 -402•1
SENATOR
/1. �[
FAX 1,9161.145 -0485 ED HERNA:NDEZ. O.D.
TWENTY' FOURTH SENATE DISTRICT.
V 6 ttp
1�
SCA 5 (Hernandez) Factsheet
Equal Opportunity :n Higher Education
100 S. VINCENT AVENUE
SUITE 401
WEST COVINA'CA 91790
TEL(625)430 -2499
Fax (62 61 - 1302494
Purpose
SCA 5, if passed by a superma)ority in both houses of the legislature, would qualify a constitutional
amendment for the next eligible statewide ballot, asking voters to repeal portions of Prop 209 that
eliminated equal opportunity programs in public colleges and universities nearly 20 years ago.
`Background
Immediately following the November 1996 passage of Proposition 20,9, there was a significant drop
in the percentage of enrolled minority students at UC and CSU campuses. Recent reports have
shown that California high schools are graduating more underrepresented students who are UC and
CSU eligible, but are not enrolling in those institutions at the same rate. In 1995, before Proposition
209 took effect, underrepresented minority students accounted for 38 percent of California high
school graduates and 21 percent of entering UC freshmen, a difference of 17 percent. In 2009, they
made up 52 percent of high school graduates but had fallen to 28 percent of incoming UC freshmen
in 2010, a difference of 24 percent. This gap wM only continue to widen as California becomes
increasingly diverse.
New eligibility requirements and admissions initiadves have only provided a "Band -Aid" approach
to restore the numbers of some underrepresented student populations in the UC system to levels
that existed before the passage of Proposition 209. However, these, numbers still fall significantly
short of the actual population of qualified Latino, African American, Southeast Asian, Pacific
Islander, Filipino, and Native American high school graduates in the state. A recent study by the
California Postsecondary Education Commission (CPEC) showed significant progress in college
eligibility for underrepresented students coming out of high school, but this progress is not reflected
in the numbers of these same groups being admitted into California's university system.
This bill
SCA 5's goal is to make sure that students of all backgrounds are given a fair chance to attend our
best colleges and universities and to make sure that they are successful once they get there.
Consistent with Supreme Court rulings, quotas will remain prohibited. SCA 5 simply gives colleges
and universities the ability to develop equal opportunity programs, such as recruitment, retention,
and tutoring programs for all students, especially for students that have limited resources and face
ongoing discrimination.
The increasing diversity of California as well as recent U.S. Supreme Court decisions upholding
equal opportunity programs in other states makes this the right time to ask voters to revisit. this
issue. Passage of SCA 5 would reflect the state's commitment to educate a workforce ready for
tomorrow's economy.
Contact
Please contact Ronald Berdugo at (916) 651 -4024 or email Ronald Brrdugc_, n sen.ca.<
Support
American Association of University Women
(ACLU) American Civil Liberties Union
(AFSCME) American Federation of State, County, and Municipal Employees, AFL -CIO
Association of California Healthcare Districts
Bassett Teachers Association
California Academy of Physician Assistants
California Association for Nurse Practitioners
California Black Chamber of Commerce
California Black Health Network
California Communities United Institute
California Hospital Association
(CMA) California Medical Association
(CNA) California Nurses Association
California Pan- Ethnic Health Network
California Pharmacists Association
California Primary Care Association
California State Student Association
(CTA) California Teachers Association
Community College League of California
Equal Justice Society
Equality California
Health Access California
Hispanic Association of Colleges and Universities
Lawyers' Committee for Civil Rights of the San Francisco Bay Area
Medical Oncology Association of Southern California, Inc.
People Improving Communities through Organizing (PICO)
Public Advocates
Southeast Asia Resource Action Center
The Greenlining Institute
(UCSA) University of California Student Association
Western Center on Law and Poverty
The Impact of-Proposition 209 and Our Duty to Our Students — UCLA Chancellor Gene ... Page 1 of 2
The Impact ®f Proposition 2®9 .and Our Duty t® Our Students
Chancellor Block calls on UCLA faculty to re- examine the creation of an undergraduate general education diversity
requirement — and on the campus community to foster productive conversations about racial diversity and equity.
To the Campus Community:
Nearly two decades have passed since. Californians voted to end affirmative action in admission to public colleges.and universities. Today it is
clear that we havesuffered.for it.
With each passing year, campuses all across our state — and, increasingly, as copycat laws are passed, the nation — fail to accurately reflect the
growing diversity in our communities. Too often,,many of our students of color feel isolated, as strangers in their own house. Others feel
targeted, mocked or marginalized, rather than recognized and valued.
At UCLA, our students are bold, confident and among the sharpest anywhere. We are proud when they convey their thoughts, experiences; and
feelings — as they have done recently in several now -viral videos and by organizing town halls and rallies.
Anyone still unconvinced by the true impact of Proposition 2o9 need only listen to our students' powerful first -hand accounts. Their words, of
course, are much bigger than UCLA — and it's not surprising that they have found a national audience. We need only to look at the remarkable
and numerous accomplishments of alumni from now - underrepresented groups who attended UCLA before Proposition.209 to fully recognize
the disservice we do to California and our nation when other talented and deserving students are absent from our Bruin family.
Working within the letter of the law, we have tried to address the issues caused by Proposition 209. In recent years, UCLA has begun evaluating
the full range of each applicant's academic and personal achievements, within the context of opportunities and challenges each has faced. And
yet we continue to fall far short of the diversity California's public colleges and universities enjoyed before voters approved Proposition 2o9 in
1996.
While it's important to understand that Proposition 209 is the underlying cause of many of these issues — and a cause that some leaderslin our
state are now looking to reverse — simply hoping that things will get easier is unacceptable. We must and will continue to search for new and
innovative ways to achieve diversity within the confines of the law, but as Californians we must also rethink a flawed policy and find a way to
better serve our students.
We must do more. We have a responsibility to do better
Today I call upon my UCLA faculty colleagues to the creation of an undergraduate general education requirement focused on
diversity. Ours is the only UC campus that doesmot have one. We have no excuses. Let's make this happen in 2014. While it will not impact the
diversity of our campus to the extent we would like, a diversity requirement would enrich all of our students' experiences here and better
prepare them,to.live and work in complex global environment. We owe it to our students to effect curricular changes that add to the
understanding and appreciation of our nation's diversity.
I also want to- assureyou that our previously promised efforts to strengthen campus diversity and equity are well underway. The Moreno
Report Implementation Committee, chaired by Executive Vice Chancellor and Provost Scott'Waugh, is fully engaged in its work and will give
me a full update at the end of this academic year. With the help of the committee, we;also are finalizing a job description for the new position of
vice chancellor for equity, diversity and inclusion, and we expect to announce the search.by the end of next quarter.
In addition, we will soon,post positions for two diversity officers who will report to the new vice chancellor and investigate any reported
allegations of racial and ethnic bias or discrimination among our faculty as well as providing education and training.
Try as we might to overcome racism, bigotry, isolation and anger, we know we're going to confront them again, on our campus and in the world
beyond. The offensive flyer sent to our Asian American Studies Center recently was another horrifying reminder. Whatmatters is how we
respond. We must support each other. We must listen to one another.
Make no mistake: Conversations about race can be very difficult. They are inevitably emotional. They can make people defensive. They
sometimes lead to accusations. But we cannot be afraid to have these conversations, because they are so critically important to our university
and to society. And if we cannot have productive discussions about race here, on a campus with the world's - thought leaders and with students
committed to knowledge and inquiry, then where can we?
While we may have:different ideas on strategy, we all want a campus that embraces and elevates each of us. And that's why we must continue
talking, debating and looking for solutions.
Most important of all, we must learn to trust one another. i also appreciate that trust is earned, and we.must and will work harder to earn it,
even among our critics.
Sincerely,
Gene D. Block
Chancellor
February 24, 2014
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Grace Schmidt 1�
From: Richard Dai <rxdai @yahoo.com>
Sent: Sunday, March 16, 2014 10:16 PM
To: Gilbert Wong; Rod Sinks; Barry Chang; Orrin Mahoney; Mark Santoro; City Clerk;
Cupertino City Manager's Office
Cc: FairEducationAlliance @gmail.com; Richard Dai
Subject: Regarding the special city council meeting on 3/17/2014
The Honorable Mayor, Vice Mayor, Council Members, City Manager and City Clerk,
Thank you very much for having this special city council meeting on 3/17/2014 at
3:00pm in the afternoon.
Cupertino is always famous for its diversities. in terms of the people and the cultures.
People live harmoniously on this land, inside the city of Cupertino. What's more, the
families, and the parents, and the people who live in Cupertino know the importance of
the education to the society, to the state of California, to our nation USA, and to our
younger generations. This is the reason that Cupertino Union School District. (CUSD)
has the BIG name around the world.
Now with the Bill of SCA -5, we, as the citizens and voters, have our concerns. We
would like to bring our concerns and the points of views to your attentions. Please see
the attached 2 PDF files, which state our positions.
Again, thank you for your time and attention.
Sincerely,
Richard Dai
On behalf ofFair Education Alliance (FEA)
PRESS RELEASE March 14, 2014
By: Fair Education Alliance
The Senate Constitution Amendment Number -5„ or SCA -5, was recently passed by the
California Senate, in which the "public education" phrase was deleted from the current
Constitution Article 1, Sec 31. With this deletion, the SCA -5 will render the operation of
California State public education to be vulnerable under any future discrimination on the basis of
race, sex, color, ethnicity, or national origin.
The current California Constitution Article 1 SEC 31 is the utmost and only protection for all
California citizens to be protected against any racial discrimination in the public education and
other areas, consistent with the U.S. Constitution Amendment 14. Once the SCA -5 is passed,
all citizens in California will be subjected to any form of racial discrimination in the operation of
public education including from K -12 to colleges, graduate schools, medical schools, law
schools, etc.
California demographic picture has changed significantly in the last 40 years. Previous majority
will no longer be a majority, whereas previous minority ethnic group is approaching as a majority
group. With the new demographic picture and college admission data, the previous Affirmative
Action policy in California public education area is no longer applicable. In the past 24 years,
especially after the pass of Proposition 209, the University of California and California State
University systems have developed rigorous measures to help promote the admissions of those
"underrepresented groups ", including the African American, American Indians, and especially
Chicano /Latinos. The Chicano /Latinos group, being the largest minority group in California, has
enjoyed the most admission increase for the pasl 24 years, being now the highest among all
ethnic groups. (See Table 1, Table 2.) The current UC admission policy has worked very
favorably in promoting the admission rates of the underrepresented group, most noticeably the
Chicano /Latino group, although it inevitably has limited the admission rates of other ethnic
groups.
In the future, all ethnic groups will be competing for a higher UC and CSU admission ratio. For
that reason, UC and CSU must maintain a fair and merit -based admissions standard for all
ethnic groups. Any "race- conscious" policies shalil not return and shall no longer be used in the
admissions of California public colleges. Any policy deviation to favor the interest of any
particular ethnic group(s) is a violation of the California Constitution, and should be stopped.
SCA -5 will remove our protection from the California Constitution and thus must be stopped.
Also, from now on, all concerned parties shall all closely monitor the UC and CSU admissions
policy to be fair and to be non "race- conscious ". The current Constitution Article 1 SEC31 shall
continue to provide the utmost protection to citizens of all ethnic backgrounds for not being
discriminated against on the base of race and ethnicity.
We strongly oppose SCA -S, and urge all California citizens to demand your State Assembly
representatives to vote "No" (against) to SCA -5!
Fair Education Alliance
Email: FairEducationAlliance @gmail.com
Table 1 UC Freshman Admissions (% of total admitted)
Ethnic Group
1989
1996
2013
Afr Am
5.5
4.1
4.3
Asian
20
25.2
26.6
Chicano /Latino
14.3
14.4
27.8
White
51.9
41.2
27.9
Total
100
100
100
Note: Only four ethnic groups presented
Graph 1 UC Freshman Admissions (% of total admitted)
60
50
40
30 - - - -
20
10
a° woe
,co
Lr`
■ 1989
■ 1996
2013
Table 2 CSU Enrollment (% of total enrolled)
Ethnic Group
1989
1996
2013
Afr Am
6
7.8
4.8
Asian
13
16.5
16.3
Chicano /Latino
12.3
22.4
36.3
White
63.7
46.1
28.5
Total
100
100
100
Note: Includes all undergraduates, all campuses
Graph 2 CSU Enrollment (% of total enrolled)
80
60 —
40
20 ■ 1989
0 ■ 1996
2013
�o
�a
r`
L
Note: Includes all undergraduates, all campuses
References:
UC Data: SOURCE: UC Office of the President, Student Affairs, Admissions, CSG, January 2014
CSU Data: http: / /www.calstate.edu /as /stat reports /2013- 2014 /rfethOl.htm
http: / /www.calstate.edu /as /stat reports /1996- 1997/F96e1.html
Against SCA -5 removing California Public Education from the California
Constitution that protects all citizens against Discrimination
Summary:
The California Constitution, Article 1 (Declaration of Rights) currently states that, under SEC. 31.
(a) , "The State shall not discriminate against, or grant preferential treatment to, any individual or
group on the basis of race, sex, color, ethnicity, or national origin in the operation of public
employment, public education, or public contracting." This section was adopted after public
voting in favor of Proposition 209 in 1996.
The Senate Constitution Amendment Number -5 ( "SCA -5 "), was recently passed by the
California Senate, in which the "public education" phrase was deleted from the current
Constitution Article 1, Sec 31. With this deletion, the SCA -5 will render the operation of
California State public education to be vulnerable to future discriminatory practices with regard
to race, sex, color, ethnicity, or national origin. This SCA -5 is pending voting by the State
Assembly.
The current California Constitution Article 1
California citizens to be protected against
public employment, and public contracting
Amendment of the U.S. Constitution. If the
subjected to any form of racial discrimination
K -12 to colleges, including graduate schools,
Sec. 31 is the utmost and only protection for all
any racial discrimination in the public education,
ireas, consistent with the spirit of the Fourteenth
SCA -5 is passed, all citizens in California will be
in the operation of public education including from
medical schools and law schools, etc.
SCA -5 is just WRONG. Therefore, we are strongly against SCA -5, and urge all California
citizens to demand their Assembly representatives to vote "No" (against) to SCA -5.
Brief Background:
A brief background of this issue is included below. More explanations can be found in the
Appendix 1.
Since the 1970s and prior to 1996, California public post- secondary schools had been
considering the mandates of the Affirmative Action policy, to give favorable admission
consideration to historically disadvantaged minorities. Since the 1970's, the Affirmative
Action mandates had been helpful in the increase of those minorities' admissions 1. 2 in
California public colleges.
1) In 1996, Proposition 209 was passed and incorporated in the California Constitution, as
Article 1 Sec. 31, which required the elimination of any race - conscious policies for
California public post- secondary school admissions. According to a study performed by
the University of California (UC) 2 in 2003, there was a noticeable drop in the enrollment
of some underrepresented minorities (namely, African Americans, American Indians, and
Chicano /Latino Americans) immediately after the implementation of Proposition 209. As
a result, the UC developed its own internal admission measures to help promote the
admissions of those underrepresented minorities and implemented the policy in 1998 2
With this policy implemented, the admission ratios (% of total admitted students) of such
Fair Education Alliance: People Against SCA -5 Page 1
underrepresented minorities, most noticeably the Chicano /Latinos group, have been
significantly improved. This can be seen in Table 1 3. In fact, these policies have helped
improve the admission ratios of the Chicano /Latinos group even more than during the
Affirmative Action era (prior to 1996).
2) The official UC admission ratios are shown in Table 1 3. Tablet includes the admission
ratios for four major ethnic groups, namely, African Americans, Asian Americans,
Chicano /Latino Americans, and White Americans, over a span of 24 years. The African
American ratio is slightly decreased. The Asian ratio has increased by 6.6 percentage
points. The Chicano /Latinos ratio has increased from 14.3% in 1989 to 27.8% in 2013,
experiencing the most noticeable increase. The White American ratio has decreased
significantly.
3) For California State University (CSU) System enrollment, as shown in Table 2 4 and
Graph 2 4, the Chicano /Latinos group is the only ethnic group with the most significant
enrollment ratio increase from 1989 to 2013, from 12.3% to 36.3 %. The Asian ratio has
increased only about three percentage points, whereas the White ratio has dropped
significantly. Therefore, over the past 24 years, it appears that the Chicano /Latino group
has benefitted most from the UC and CSU policies with the most noticeable admission
ratio increase. The UC and CSU policies have worked favorably for the Chicano /Latinos
group up to now.
Table 1. UC Freshman Admissions (% of total admitted)
Note: Only four ethnic groups presented.
Graph 1. UC Freshman Admissions (% of total admitted)
60
50
40
30
I
20
10
0
P�
Ps�c
y`ao �`�o rye
o°
Lr`
■ 1989
■ 1996
■ 2013
Fair Education Alliance: People Against SCA -5 Page 2
1989
1996
2013
Afr Am
5.5
4.1
4.3
Asian
20
25.2
26.6
Chicano /Latino
14.3
14.4
27.8
White
51.9
41.2
27.9
Total
100
100
100
Note: Only four ethnic groups presented.
Graph 1. UC Freshman Admissions (% of total admitted)
60
50
40
30
I
20
10
0
P�
Ps�c
y`ao �`�o rye
o°
Lr`
■ 1989
■ 1996
■ 2013
Fair Education Alliance: People Against SCA -5 Page 2
Table 2. CSU Enrollment (% of total enrolled)
Ethnic Group
1989
1996
2013
Afr Am
6
7.8
4.8
Asian
13
16.5
16.3
Chicano /Latino
12.3
22.4
36.3
White
63.7
46.1
28.5
Total
100
100
100
Note: includes all undergraduates in all campuses
Graph 2. CSU Enrollment (% of total enrolled)
70
60
50
40
30
20
10
r r
P�
.1§1 `we
00
Lr`
Note: Includes all undergraduates in all campuses
■ 1989
■ 1996
2013
4) California population increase: From 1989 to 2013, the California population has
increased significantly 5. The total number of yearly high school graduates that apply for
UC has increased from 41,460 in 1989 to 99,447 in 2013 ', 3. This number is an accurate
benchmark to understand the UC application and admission picture, compared to using
the number of total California high school graduates of the same year. (Since not all high
school graduates will necessarily apply to UC or any colleges). The total UC yearly
enrollment also has increased about 60% from 1989 to 2013' 3
From 1989 to 2013, Chicano /Latino Americans have the highest population increase,
followed by Asians, whereas the populations of African Americans and Whites have
actually decreased (See Appendix - 5). Although the African American admission ratio
(% of all admitted students) is slightly decreased, its absolute number of students
admitted has increased about 60% ', 3 (See Appendix Table A2b). And although the
White admission ratio has decreased, its absolute number of students admitted has
increased more than 6% ', 3 (See Appendix Table A21J). It is important to remember,
however, that the number of high school graduates of each ethnic group applying for
colleges is proportional to that group's total population size. This, in part, explains why
the admission ratios for African Americans and White Americans have shown a
decrease, as a percentage of the total admitted students each year.
Fair Education Alliance: People Against SCA -5 Page 3
Brief Analysis:
1) UC Policy impact: After 1998, the UC system has adopted a fairly proactive internal
practice to promote the admissions of underrepresented minorities with proven positive
results, under the umbrella control and protection of the California Constitution (with Prop
209). As a matter of fact, the Chicano /Latinos group has benefitted most significantly
from the new UC policy since 1998 (with no Affirmative Action policy).
2) Race conscious policies: At UC, the increase of admissions of certain underrepresented
groups, most noticeably the Chicano /Latinos group, has already inevitably limited the
admissions ratios of certain other ethnic groups (such as Asians and Whites).
California's demographic picture has changed significantly in the last 40 years. The
previous majority soon will no longer be a majority, whereas the previous minority ethnic
group is becoming a majority group ', 5. The increase of Chicano /Latinos enrollment in
CSU system is even more notable than in UC system. The old Affirmative Action policy
in the area of California public education, whatever its merits were 20 years ago, is no
longer applicable today as a guideline to control the admissions to UC and CSU. At the
same time, UC and CSU admission discrimination under the name of race or ethnicity
today would have a different connotation than in the pre -1996 era, and this becomes
possible especially if SCA -5 is passed.
3) Summary: In the future, all ethnic groups will be competing for a higher UC and CSU
admission ratio. The criteria for maintaining a fair and merit -based admission policy must
be closely monitored by all concerned parties. But any "race- conscious" policies shall not
return and shall no longer be used in the admissions of California public colleges.
Ultimately and solely, the current Article 1 Sec. 31 will and shall continue to provide the
utmost constitutional protection to citizens of all ethnic backgrounds for not being
discriminated against on the base of race and ethnicity. Any policy deviation to favor the
interest of any particular ethnic group(s) is a violation of the California Constitution, and
should be stopped.
Our Opposition to SCA -5:
1) The removal of "public education" from Article 1, Sec. 31, means that the "operation of
public education" will no longer be protected by the highest law of the State of California
from any form of discrimination on the basis of race, sex, color, ethnicity, or national
origin in the future. This is fundamentally unfair and will reverse the progress California
has made in removing racial discrimination from public education, even including K -12
education. Every citizen's fundamental civil- rights protection provided by the California
Constitution in public education will be stripped away. This is just WRONG, and totally
unacceptable.
2) The SCA -5 specifies in the California Constitution that the California State "does not
include" the UC System and Public School system (which also includes public K -12
schools). This is totally absurd and unacceptable.
3) This removal of "public education" from Article 1, Sec. 31 is against the mandate of the
spirit of the Fourteenth Amendment of the U.S. Constitution, which promises equal
protection under the law to all citizens regardless of their race.
Fair Education Alliance: People Against SCA -5 Page 4
We, Fair Education Alliance, strongly oppose SCA -5, and urge all California citizens to
demand their State Assembly representatives to vote "No" (against) to SCA -5!
Footnotes:
1. See Appendix explanation below.
2. "Undergraduate Access to the University of California After the Elimination of Race -
Conscious Policies ", by UC Office of the President, March 2003
3. "UC Application, Admissions, Enrollment of California Resident Freshman for Fall 1989
through 2013 ", by UC Office of the President, January 2014
4. CSU Data: http: / /www.caIstate.edu /as /stat reports/2013-2014/rfethOl.htm
http: / /www.calstate.edu /as /stat reports/ 1996-1 997/F96e 1. html
5. See California Census data reported in the Appendix -6, and on the following websites:
http: / /factfinder2.census.gov /bkmk/table /1.0 /en /DEC /00 SF1 /DP1 /0400000US06
http: / /factfinder2.census.gov /bkmk/table /1.0 /en /DEC /10 DP /DPDP1 /0400000US06
6. The terms Chicano is a chosen identity of Mexicans who grew up in the United States. This
term is used in the UC report. The name of Chicano /Latinos basically represented all groups
with Mexican origin, Latin America origin, and Spanish- speaking origin.
Appendix: (Additional Background Description)
1. In the report issued by the UC Office of the President in 2003 2 , it stated, quoted, "During
the 1970s and 1980s, the University pursued an aggressive program to provide access to
the full range of California's high school students and to racially and ethnically diversify its
campuses. By and large, this effort was effective in enrolling substantial numbers of
underrepresented minority students, particularly at UC Berkeley and UCLA."
2. According to the study report issued by the UC Office of the President in March 2003, the
University has adopted a number of strategies such as to maintain access for low- income
students, those from educationally disadvantaged families and schools, and those from
underserved geographical areas of the state. The measures included, to name a few: have
education partnership with K -12 schools to prepare students from different backgrounds,
identify and enroll top 4% students from all California high schools, expand community
college transfer students, and many others.
3. UC Freshman Application, Admissions, Enrollment from 1989 to 2013
(Source: UC Office of the President, 1/2014)
Table Ala A plication % of total
Note: Only four ethnic groups presented here.
Fair Education Alliance: People Against SCA -5 Page 5
1989
1996
2002
2006
2013
Afr Am
5.3
4.7
4.5
4.7
6
Asian
19.7
24.5
24.6
26.4
22.3
Chicano /Latino
12.7
14.8
16.1
19.2
32.1
White
53.8
40.7
38
35.1
27
Total
100
100
100
100
100
Note: Only four ethnic groups presented here.
Fair Education Alliance: People Against SCA -5 Page 5
Table Al b Admissions ( %, of tntall
Note: Only tour ethnic groups presented here.
Table Al c Enrollment (0/, of tntal)
1989
1996
2002
1 2006
2013
Afr Am
5.5
4.1
3.5
3.7
4.3
Asian
20
25.2
25.2
27.4
26.6
Chicano /Latino
14.3
14.4
15
18
27.8
White
51.9
41.2
39.5
36.1
27.9
Total
100
100
100
100
100
Note: Only tour ethnic groups presented here.
Table Al c Enrollment (0/, of tntal)
Note: Only tour ethnic groups presented here.
Chicano /Latino includes all with Latin American and Mexican origins.
60
50
40
30
20
10
0
60
50
40
30
20
10
0
Graph Ala Application ( %)
1989 1996 2002 2006 2013
Graph Al b Admissions ( %)
1989 1996 2002 2006 2013
• Afr Am
• Asian
• Chicano /Latino
• White
■ Afr Am
■ Asian
Chicano /Latino
■ White
Fair Education Alliance: People Against SCA -5 Page 6
1989
1996
2002
2006
2013
Afr Am
5.7
3.8
3.1
3.2
4
Asian
20.8
28.9
30.8
33.8
30.1
Chicano /Latino
14.6
13.8
14.1
16.3
28.1
White
50.2
38
35.4
31.9
24
Total
100
100
100
100
100
Note: Only tour ethnic groups presented here.
Chicano /Latino includes all with Latin American and Mexican origins.
60
50
40
30
20
10
0
60
50
40
30
20
10
0
Graph Ala Application ( %)
1989 1996 2002 2006 2013
Graph Al b Admissions ( %)
1989 1996 2002 2006 2013
• Afr Am
• Asian
• Chicano /Latino
• White
■ Afr Am
■ Asian
Chicano /Latino
■ White
Fair Education Alliance: People Against SCA -5 Page 6
60
50
40
30
20
10
M
Graph Al c Enrollment ( %)
1989 1996 2002 2006 2013
• Afr Am
• Asian
• Chicano /Latino
• White
Table A2a ADDlication (actual headcount)
Note: Only four ethnic groups presented here.
Table A2h Admissinns (anti ml hparirni Intl
1989
1996
2002
2006
2013
Afr Am
2193
2305
2821
3307
5978
Asian
8165
11895
15488
187421
22180
Chicano /Latino
5273
7191
10122
13656
31908
White
22307
19785
23881
24926
26881
Total
41460
48585
62905
71011
99447
Note: Only four ethnic groups presented here.
Table A2h Admissinns (anti ml hparirni Intl
Note: Only tour ethnic groups presented here.
Table A2c Enrollment (actual headcount)
1989
1996
2002
2006
2013
Afr Am
1737
1628
1891
2326
2705
Asian
6357
10081
13546
17035
16671
Chicano /Latino
4533
5744
8077
11196
17450
White
16470
16455
21179
22471
17516
Total
31764
1 40007
i 53685
62208
62683
Note: Only tour ethnic groups presented here.
Table A2c Enrollment (actual headcount)
Note: Unly tour ethnic groups presented here.
Fair Education Alliance: People Against SCA -S Page 7
1989
1996
2002
2006
2013
Afr Am
1177
888
936
1072
1333
Asian
4275
6712
9200
11334
9973
Chicano /Latino
2991
3209
4222
5481
9322
White
10314
1 8818
10577
10687
7933
Total
1 20534 123189
29916
33540
33135
Note: Unly tour ethnic groups presented here.
Fair Education Alliance: People Against SCA -S Page 7
Graph A2a Application (actual #)
120000
100000
80000
60000
40000
20000
[C
1989 1996 2002 2006 2013
Graph A2b Admissions (actual #'
1989 1996 2002 2006 2013
Graph A2c Enrollment (actual #)
I'll
M WWI 0' •.
1989 1996 2002 2006 2013
■ Afr Am
• Asian
Chicano /Latino
i
• White
• Total
• Afr Am
• Asian
vi Chicano /Latino
• White
• Total
• Afr Am
• Asian
x: Chicano /Latino
• White
• Total
Fair Education Alliance: People Against SCA -5 Page 8
4. CSU Enrollment of Undergraduates for all Campuses
Enrollment N of total)
Ethnic Group
1989
1996
2013
Afr Am
6
7.8
4.8
Asian
13
16.5
16.3
Chicano /Latino
12.3
22.4
36.3
White
63.7
46.1
28.5
Total
100
100
100
* includes all undergraduates, all campuses.
Enrollment (Absolute number)
Ethnic Group
1989
1996
2013
Afr Am
15669
18450
17889
Asian
33955
39093
61377
Chicano /Latino
32149
52884
136344
White
166288
109010
107068
Total
289173
272642
376144
* includes all undergraduates, all campuses.
5. California Census Data source: US Census Bureau website)
Census (% of total)
Ethnic group
2000
2010
Afr Am
6.7
5.8
Asian
10.9
12.8
Chicano /Latinos
32.4
37.6
White
46.7
40.1
Total
100
100
* only four groups included
* 2013 estimates is 2.9% increase from 2010
* data source: US Census Bureau
Census (absolute number)
Ethnic group
2000
2010
Afr Am
2263882
2163804
Asian
3697513
4775070
Chicano /Latinos
j 10966556
14013719
White 1
15816790 1
14956253
Total
33871648
37253956
* only four groups included
* 2013 estimates is 2.9% increase from 2010
* data source: US Census Bureau
Fair Education Alliance: People Against SCA -5 Page 9