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Texas:  Reverse Discrimination and Quotas in Schools, Colleges, and Universities!

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Texas (State):  True or False: Does testing unfairly discriminate against minorities? (11/01/99)
          "U.S. District Judge Edward Prado has a fairly clear legal blueprint to follow in deciding whether Texas’ high-school exit exam unfairly discriminates against minorities. The case of GI Forum, et al. v. Texas is being closely watched by educators nationwide. It has the potential of impacting Gov. George W. Bush’s presidential race, as he is proposing to tie federal education funding to student testing. The suit, which was presented to Prado in five weeks of often-tedious, statistics-based testimony, also holds implications for Bush’s crackdown on social promotions.
Special Collection of Articles on the Hopwood Decision:
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          "Lawmakers earlier this year voted to base promotion in lower grades in large part on a student’s performance on the Texas Assessment of Academic Skills tests, which are being revised. The significance was not lost on Prado, who said the case is "probably the most challenging decision I’ve had to make" in 15 years on the bench. Prado, one of the first Hispanics to ally with the Republican Party in San Antonio, was appointed by President Ronald Reagan in 1984.

          "While there have not been many cases involving standardized tests, the legal principles at issue are fairly well established, having evolved from employment cases. Plaintiffs — in this case African-American and Mexican-American students who passed all their classes but failed at least one part of the TAAS test — first must show there was a disproportionate impact because of the test requirement. The plaintiffs presented evidence that 20 percent of minority students ultimately fail the TAAS test compared to 10 percent of white students.

          "…The testing case, however, divided the minority community. Jimmy Vasquez, the former Edgewood district superintendent who joined Kauffman in the school funding fight, testified for the state in the TAAS case. Vasquez also taught high-school math to Prado, who attended schools in the Edgewood district. Vasquez, who now heads the state’s Education Service Center in El Paso, testified that he thinks students are getting a much more equal learning opportunity now. He expressed anger when asked by Amsel whether standards should be lowered for minorities. Vasquez said, "I fear that that attitude can be the worst form of patronizing a student."  (Law News Network by Janet Elliott, Texas Lawyer 11/01/99)
[link http://www.lawnewsnetwork.com/stories/A8579-1999Oct29.html ]

Texas (State):  Minority Students Don't Need a Preference to Succeed (08/29/99)
          "Contrary to predictions that the sky was falling, new data shows the 1999 University of Texas (UT) incoming freshman class will have the same percentage of blacks and Hispanics as 1996, the last year that racial classifications and preferences were allowed. This is welcome news, which apparently comes as a surprise to the traditional civil rights advocacy groups who claimed the Hopwood lawsuit was going to 'permanently re-segregate our institutions of higher education.'

          "Based on students who have paid deposits for fall enrollment and those in summer programs which qualify them to enroll this fall, 14 percent of the 1999-2000 UT undergraduate class will be Hispanic and 4 percent African American, exactly the same as the percentage in 1996-97, the last year of pre-Hopwood admissions. Since Asian undergraduates grew by two percent, the post-Hopwood class will actually be more racially diverse.

          "Clearly, those who equated Hopwood with Jim Crow were gravely wrong. Consider a few of the headlines from some of the Chicken Little commentators who predicted dire consequences if the Constitution were applied to the admission process at Texas colleges:

          "Hopwood is a roundhouse blow to diversity at UT."

          "Hopwood is a living nightmare in Texas."

          "Hopwood's race-blind policies signal segregation shift."

          "What caused the doom and gloom predictions? First, the defenders of racial quotas patronizingly underestimated the abilities of minorities in order to bolster their argument that equity requires the use of racial classifications and preferences.

          "Secondly, since 1997, selective Texas universities have implemented what 'affirmative action' was originally meant to be: outreach and recruitment, not dual admissions standards for whites and minorities."  (Dallas Morning News 08/29/99 by Edward Blum and Marc Levin)
[link http://www.equalrights.com/dallas.html ]

Texas (State):  Legislator Questions Hopwood Decision (03/23/99 - dead link)
          The 1997 5th U.S. District Court Ruling in "Hopwood" was interpreted by former Attorney General Dan Morales to effectively end the use of racial quotas and racial preferences programs in both university admissions and financial aid.

          But Texas Senator Rodney Ellis (D-Houston) has asked the new attorney general, John Cornyn, to reconsider that interpretation of "Hopwood". Ellis, and other Democratic legislators, hungry for minority votes, are anxious to re-instate the use of financial aid on a racial basis. These legislators are afraid that Texas colleges and universities are losing minority students to other institutions who do offer race-based financial aid.

          Marc Levin, executive director of the Campaign for a Colorblind America, and an alumnus of University of Texas, said in a statement that "Hopwood" clearly and unambiguously prohibits public universities from using race as a factor in any of their operations, including financial aid.  

          Edward Blum, chairman of the Campaign for a Colorblind America, said "We understand the concerns that some educators have about other states being able to attract minority applicants with lucrative financial aid packages. However, the solution isn't for Texas to break the law but for all other states to follow Texas' lead in moving towards a colorblind 21st century." (Daily Texan, 03/23/99, by Danielle Cooper)
[former link *http://stumedia.tsp.utexas.edu/webtexan/tuesday/99032301_s07_Cornyn.html]

Texas (State):  Texas Struggles for "Diversity" in Colleges after Hopwood Ruling (03/21/99 - dead link)
          "All the creative plans of Texas educators and legislators to enroll minority students after [the Hopwood] court ruling spurred the downfall of [racial quotas in education] will not bring [proportionate representation of minorities] in higher education, college students and researchers say.   [Proportional racial representation, if it is to ever come to Texas schools] will occur only when all students have access to the same education starting in kindergarten and when poor families can pay for college as easily as wealthy families, educators and students say.  'No resources, no knowledge. That's the bottom line,'  said David Smith, a Northlake College sophomore.

          "Lawmakers and educators have been seeking ways to boost minority enrollment [mostly unconstitutional and illegal ways] since 1996, when the Hopwood ruling led to the abandonment of [racial admissions quotas] and a decline in the number of minorities at Texas colleges and universities. In 1992, Cheryl Hopwood and three other white students [successfully] challenged the UT Law School's [illegal, race-based] admissions policy.

          "A new law guaranteeing the top 10 percent of all high school graduates admission to any state institution helped increase numbers last fall, although not to pre-Hopwood levels."  (Dallas Morning News, 03/21/99, by Jayne Noble Suhler)
[former link *http://web3.stlnet.com/postnet/news/wires.nsf/National/
62688436FBFCE8728625673B003BE5EC?OpenDocument]

Texas (State):  Minorities Fail at Higher Rate than Non-minorities  (02/09/99) (dead link)
          "About 1.2 million Texas public school students failed to graduate between the 1985-86 and 1997-98 school years, a lost generation that will cost Texas $319 billion, according to a report by a San Antonio-based research group. A disproportionate number of students who drop out are minorities, the result of a system that [allegedly] expects less from African-Americans [i.e., blacks] and Hispanics, she said.

          "One of every two Hispanic and African-American students from the 1994-1995 ninth-grade class never reached the 12th grade, compared to one of every three Anglo students, the IDRA report said."   (Express News, 02/09/99, by Lucy Hood)
[former link *http://www.expressnews.com/pantheon/news-bus/education/1001bjd2.shtml]

Texas (Amarillo):  Racially Gerrymandered School Boards?  (01/26/99)
          Three minority plaintiffs and the League of United Latin American Citizens Council 4427 filed a federal lawsuit against the Amarillo Independent School District on May 29.  In the suit, the minorities demand the creation of seven single-member electoral districts to maximize racial minorities' clout in school board elections.  "The parties should be ready for trial by March 29, court papers show. The case will be scheduled on the trial docket at a later date."  (Amarillo Globe, 1/26/99)
[link http://www.amarillonet.com/stories/012699/new_134-2839.001.shtml ]

Texas (Austin): Bill Passed to Overturn Hopwood; Allow Racial Admissions (05/07/99)
          Austin-American Statesman Headline: "Bill passed to increase minority students" -- "[Texas State Sen. Gonzalo Barrientos, D-Austin has introduced] Senate Bill 1356 [which] directs Texas graduate and professional schools to consider a variety of factors in addition to test scores and grades. This includes considering a student's financial need, whether the student is the first in the family to graduate from college, involvement in community activities and whether the student is multilingual."

          Sen. Barrientos' bill is designed to circumvent the Supreme Court’s Hopwood decision which prohibits the consideration of race in student admissions.

          "The bill, passed 30-0, prohibits graduate and professional schools from relying solely on standardized test scores such as the Law School Admission Test for admissions or scholarships.  'Low minority enrollment in graduate and professional schools at our state's top universities is a persistent problem,' Barrientos said before the vote.  'Members, I don't have to tell you the facts again . . . over 50 percent of public school students are minorities, that the majority of Texans will be racial and ethnic minorities within 10 years.' "  

          At no time in his speech did Tex. Sen. Barrientos mention the Supreme Court's Hopwood decision which makes race-based admissions illegal, nor did Barrientos mention that the U.S. Constitution allegedly protects citizens from such race-based decisions.  Barrientos also failed to offer any proof that academic ability reflected in standardized tests is inherently racially discriminatory.  (Based on the Austin-American Statesman 05/07/99 by A. Phillips Brooks)
[link http://www.austin360.com/news/features/legislature/1999/05/7college.html ]

Texas (Austin): Racial Quota Bill Revived in Texas Legislature (03/31/99 - dead link)
          "Rep. Irma Rangel, D-Kingsville, brought legislation before the House Higher Education Committee Tuesday to allow the consideration of race, ethnicity and national origin in college admissions.

          "A similar bill failed to exit the committee last session, but Rangel has revived the legislation again in an effort to reverse some of the effects of the Hopwood decision. The 1997 Hopwood ruling by the 5th U.S. Circuit Court effectively ended affirmative action at Texas colleges and universities that receive federal funding.

          "Rangel said Morales's interpretation of the ruling established three requirements for the consideration of race in admissions, scholarships or other programs: The Legislature or a court would have to prove past discrimination, show existing effects of that discrimination and create a narrowly-tailored program to remedy those effects.

          "The proposed bill could meet these criteria if the Legislature declared that Texas universities have discriminated against African Americans and Hispanics in the past and that the effects of that discrimination continue into the present, Rangel said.

          "But Marc Levin, executive director for the Campaign for a Colorblind America and a UT alum, said the bill would not qualify under the Hopwood exemptions because it is not narrowly-tailored and because it includes Hispanics, who were not subject to the same legal segregation as African Americans."  (The Daily Texan, 03/31/99, by Danielle Cooper)
[former link *http://stumedia.tsp.utexas.edu/webtexan/wednesday/99033101_s05_Race.html]

Texas (Austin):  Panel testimony cites Hopwood's effect on colleges (03/30/99)
          "AUSTIN — For Felicia Enuha, the Hopwood decision is a reality that greets her every time she arrives for class at the University of Texas at Austin.

          "By all accounts, she could be a poster child for the race-neutral admissions process that all of the state's public colleges and universities adopted in the aftermath of the 1996 federal court ruling referred to as Hopwood.  She's African-American. She's the product of a modest upbringing in the South Texas town of Victoria. And she met all of the university's basic requirements without anyone lowering the bar for her.

          "But, in her eyes, there's one big problem: She has a hard time finding anyone else like her on campus. 'Every time the subject of race comes up in a class, I'm looked at like I'm supposed to speak for all African-Americans,' the junior biochemistry major said.  'I can't do that. I'm just one black person from a small town.' "   (Express-News, 03/30/99, by Jaime Castillo)
[link http://www.expressnews.com/pantheon/news-bus/legislature/3107bjd1.shtml ]

Texas (Austin):  Affirmative action battle to heat up  (01/24/99)
          "The number of lawsuits challenging racial preferences in education will accelerate in coming years, but the battlefield will shift from college admissions to K-12 issues and scholarship opportunities.  That was the prediction Friday of Michael Greve, executive director of the Center for Individual Rights, which in 1997 filed two federal suits against the University of Michigan challenging its use of race in undergraduate and law school admissions.

          "Greve, who took part in a panel discussion at a national conference here on affirmative action issues, also said such cases will no longer be litigated primarily by ideological organizations like his own - a conservative advocacy law firm based in Washington, D.C.  Instead, individual lawyers will be filing suits, such as a case recently in Boston where a local attorney brought two suits against the prestigious Boston Latin School, over its admissions requirements."  (Michigan Live, 01/24/99, by Susan Carney)
[link http://aa.mlive.com/news/index.ssf?/news/stories/austin.frm ]

Texas (Austin):  UT Stops Recruiting Minority Professors (for paid subscribers only)
          "The University of Texas at Austin has quietly terminated a $300,000-a-year program aimed at recruiting minority professors, out of concern that the program could be barred by a court ruling that led the state to stop using racial preferences in admissions. The Target of Opportunity program, which was created in 1987, helped to increase the number of black and Hispanic faculty members from 84 in 1987 to 187 today by supplementing salaries and creating new positions. Officials dismantled the program last fall, after lawyers for the University of Texas System advised campus presidents to 'avoid quotas and set-asides.'  The university is barred from using racial and ethnic preferences in admissions under a 1996 federal-court decision known as Hopwood. Lawyers for the system said the principles of Hopwood, as well as other federal-court rulings, could apply beyond student programs." (Chronicle of Higher Education, 01-08-99 by Jeffrey Selingo, subscribers only link at:
[ http://www.chronicle.com/daily/99/01/99010802n.htm ]

Texas (Austin):  After 'Hopwood', Top 10% College Admission Law Yields Mixed Results (dead link)
          "A Texas law touted as a colorblind way to lure more black and Hispanic students to in-state colleges produced uneven results at the state's major universities and did not pack the punch some lawmakers had expected."  This article presents an analysis of where the minority students are going in Texas, which schools have more Hispanic minorities, which have more black minorities, etc.  On balance, admitting the top 10% of high school grads has, to date, produced no discernible increase or decrease in minority enrollments.  (Austin American-Statesman 12/28/98, by Mary Ann Roser)
[former link http://www.austin360.com:80/news/002state/12dec/28/28topten.htm]

Texas (Austin):  University of Texas Students Protest End of Racial Quotas (dead link)
          A few dozen students (40 students) who want to re-instate racial quotas staged an old-fashioned "sit in" at UT's main building today.  The 40, mostly white, student protesters seem to think that the Hopwood decision ending race-based admissions is somehow wrong.  UT administrators are between a rock and a hard place:  the Courts say "end race-based admissions".  The student protesters say "use racial quotas to increase minority enrollment regardless of academic qualifications".  (Star-Telegram & Associated Press, 10/23/98)
[former link www.startext.net/news/doc/1047/1:STATE54/1:STATE54102398.html]

Texas (Austin):  Texas Diversity Policy Overturned (03/20/96 - dead link)
          "In a decision that reverberated through higher education nationwide yesterday, a federal appeals court ruled that public universities may not justify affirmative action programs based on the benefits of racial diversity.

          "The 5th U.S. Circuit Court of Appeals decision issued late Monday struck down an admissions policy at the University of Texas law school giving preference to blacks and Hispanics as a violation of the Constitution's equal protection guarantee."  This landmark case became known as "Hopwood v. Texas" after Cheryl Hopwood, one of the plaintiffs in the suit.

          "The 5th Circuit's case began in 1992 when Cheryl Hopwood, Douglas Carvell, Kenneth Elliott and David Rogers were denied admission to the (University of Texas) law school when their undergraduate grades and test scores narrowly missed a category that guaranteed admission. (However,) the school allowed lower grade points and admissions test scores from blacks and Hispanics.

          "The three-judge panel of the 5th Circuit acknowledged that the Supreme Court in the 1978 case of Regents of the University of California v. Bakke said universities have a compelling interest in educational diversity that would justify race preferences in admissions.  But the appeals court noted that in recent affirmative action rulings, the Supreme Court has suggested that the only compelling state interest for affirmative action is remedying past wrongs."  (Washington Post Wed., 03-20-96, by Joan Biskupic, page A01)
[former link *http://www.washingtonpost.com/wp-srv/national/daily/aug/28/unconst.htm]

Texas (Austin):  Affirmative action ruling halts admissions at U. of Texas
          (Mar. 20, 1996) -- "The University of Texas suspended admissions at all 15 of its campuses Tuesday while it analyzed the impact of a broad federal court ruling that could affect affirmative action programs nationwide.  The 5th U.S. Circuit Court of Appeals decision issued late Monday struck down an admissions policy at the university's law school giving preference to African-Americans and Hispanics.

          " 'This could affect literally every public institution in America because all of them take racial diversity into account in admissions,' University of Virginia Law Professor John Jeffries Jr. said Tuesday. 'This is incredibly big.' "

          "Four white students had sued the school in 1994 claiming they were denied admission by an unlawful policy based solely on race.

          "Writing in the 2-1 decision that specifically applies only to Texas, Louisiana and Mississippi for now, Judge Jerry Smith said the school can't discriminate against one group while trying to repair the past exclusion of another, "even for the wholesome purpose of correcting perceived racial imbalance in the student body."  (Detroit News 03-20-96)
[ link http://detnews.com/menu/stories/40675.htm ]


Texas (Austin):
Race, Affirmative Action and the Hopwood Decision (Univ. of Texas, Austin)

          A collection of articles and analyses by UT author Jim Dedman.  Mr. Dedman's commentary originally appeared in The Daily Texan, the student newspaper of the University of Texas at Austin.

[Last Known Link as of 4-30-02:
http://www.geocities.com/jdedman4/archive/hopwood.htm ]


Texas (Dallas):  State Seeks Ways to Attract Minority Students (01/11/99 - dead link)
          "A statewide scholarship program, though open to all, will help attract minority students to Texas colleges, lawmakers say. Many minorities left for out-of-state schools after a 1996 court ruling eliminated affirmative action in higher education.

          "Since the Hopwood ruling, law-makers and educators have been searching for ways to attract more minority students.   A law requiring institutions to automatically admit the top 10 percent of Texas high school graduates helped increase the number of minorities at some schools, but more needs to be done, said Sen. Teel Bivins, R-Amarillo, chair of the Senate Higher Education Committee.

          " 'Scholarship legislation will be another race-neutral way that we'll be able to help minority kids,' said Mr. Bivins, who called scholarships 'the number one' issue facing higher education."   (Dallas Morning News, 01-11-99, by Jayne Noble Suhler)
[former link *http://www.dallasnews.com/metro-dfw-nf/dfw201.htm]

Texas (Houston and Fort Worth):  Houston, Fort Worth Cited for Gains in Minority Education (10/14/99 - dead link)
          "Schools in Houston and Fort Worth have made significant progress in closing the gap in achievement between white and minority students, according to a survey of big-city school districts released yesterday.   The preliminary report by the Council of Great City Schools showed the two Texas cities were the most successful of 11 school districts cited for their progress in closing achievement gaps, a persistent problem that is receiving greater attention nationwide as state after state has imposed stricter academic standards in the 1990s. 

          "Motivated in part by Texas's system of grading schools on how well students from different racial and ethnic groups perform on standardized tests, Houston and Fort Worth since 1994 have realized gains in minority student achievement with a concerted focus on improving instruction in reading and mathematics.  Based on results on state tests given in the elementary, middle and high school grades, Houston has closed the gap between whites and minorities by 40 percent in reading and math, while Fort Worth has reduced its gap in those two subjects as well as in writing by about 35 percent.

          "Texas Gov. George W. Bush, front-runner for the GOP presidential nomination, has advocated an emphasis on reading and touted the state's school grading system, which is being used as a model for draft House legislation to renew the federal Title 1 remedial program for disadvantaged students.   'Even though the [school] accountability system was in place before the governor came into office, he has worked to strengthen and expand it,' said Linda Edwards, Bush's press secretary."  (Washington Post 10/14/99 page A02 by Kenneth J. Cooper)
[former link **http://www.washingtonpost.com/wp-srv/WPlate/1999-10/14/179l-101499-idx.html]

Texas (Houston):  Schools Discriminate in the Name of Diversity (dead link; 01/20/99)
          "Districts like Charlotte-Mecklenburg use a warm and fuzzy concept to mask a rigid racial set-aside regime."  Is this another Boston Latin case in the making?

          "Windsor Village Elementary School is in a middle-class suburb of my hometown, Houston, Texas. Unlike most public elementary schools here, Windsor Village has been rated ``exemplary'' by a state educational rating agency. Admission to its Vanguard program is highly prized by parents who want the very best education for their children.

          "Last year, a 7-year-old girl applied for admission to Windsor Village and was denied entrance, even though her test scores and grades were higher than many other children who were admitted.  What rationale was given by administrators of the Houston Independent School District for denying her admission? She was the wrong color.  In the quest to maintain racial ``diversity,'' a child was denied an exceptional educational experience. Although it does not matter to which race she belongs, in fact she was black, and a lesser-qualified child who was admitted was white."  But according to their rigid racial quotas, in the name of 'diversity', the school already had too many black children, according to their formula.  Where will it end?  (The Charlotte Observer, 01/20/99, by Edward Blum)
[former link *http://www.charlotte.com/observer/opinion/view/pub/040847.htm]

Texas (San Antonio):  Foundation Pledges $5 million for Minority Scholarships (01/21/99) (dead link)
          "The San Antonio-based SBC Foundation gave Texas Tech University a $10 million donation Thursday, half of it pegged for scholarships to economically disadvantaged students.  The SBC Foundation is the philanthropic arm of Southwestern Bell's parent company, SBC Communications.

          "The corporation was very clever in structuring the donation. Students can get a nice scholarship award that carries over four years if they are economically disadvantaged," Chancellor John T. Montford said.  Half of the SBC donation will be used to fund 200 permanent scholarships of $25,000 ... to be awarded ... to economically disadvantaged youth", according to the story.  (San Antonio Express News, 01/21/99, by Gloria Padilla)
[former link *http://www.expressnews.com/pantheon/news-bus/education/2201bgwa.shtml]

Texas (San Antonio):  Lower the Scores to Admit More Minorities to San Antonio Schools (no link)
          Texas State Senator Frank Madla wants Texas community college students with a 3.0 grade point average to be automatically admitted to Texas' top universities.  Madla thinks this will correct "prior discrimination against minorities".  (ExpressNews.Com posted 8/20/98 -- link no longer available)

Texas (San Antonio):  Race-Based (Minority) Scholarships are Unconstitutional (no link)
          Hispanic Faculty Association lowers itself to calling the School Board "racists" just because the Board wants to ensure that all students, regardless of race, are provided an equal shot at community college scholarships.  It seems the racist political correctness police have been working overtime in San Antonio.  The controversy erupted because Trustee James Rindfuss had the nerve to question whether $60,000 in scholarships reserved for certain (non-white) races violates the ban on racial quotas in education in Texas colleges and universities.  Shame, shame Mr. Rindfuss for thinking that Constitutional guarantees against such racial discrimination would actually be honored!  (San Antonio Express-News posted 8/20/98 -- link no longer available)

END of Texas - Racial Quotas in Education


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*  We use the term reverse discrimination reluctantly and only because it is so widely understood.  In our opinion there really is only one kind of discrimination.