The Civil Rights Project Proyecto Derechos Civiles Charting the Future of College Affirmative Action: Legal Victories, Continuing Attacks, and New Research Edited by Gary Orfield, Patricia Marin, Stella M. Flores, and Liliana M. Garces Foreword by Gary Orfield © 2007 The Regents of the University of California This report should be cited as: Orfield, G., Marin, P., Flores, S. M., & Garces, L. M. (Eds.). (2007). Charting the future of college affirmative action: Legal victories, continuing attacks, and new research. Los Angeles, CA: The Civil Rights Project at UCLA. Produced with generous support from The Ford Foundation. TABLE OF CONTENTS v ACKNOWLEDGEMENTS vii LIST OF TABLES ix LIST OF FIGURES xi FOREWORD GARY ORFIELD CHAPTER 1 15 ANTIDISCRIMINATION LAW AND RACE-CONSCIOUS RECRUITMENT, RETENTION, AND FINANCIAL AID POLICIES IN HIGHER EDUCATION ANGELO N. ANCHETA CHAPTER 2 35 RACE-CONSCIOUS AFFIRMATIVE ACTION AND RACE-NEUTRAL POLICIES IN THE AFTERMATH OF THE MICHIGAN CASES R. RICHARD BANKS CHAPTER 3 57 STAND YOUR GROUND: LEGAL AND POLICY JUSTIFICATIONS FOR RACE-CONSCIOUS PROGRAMMING KAREN MIKSCH CHAPTER 4 79 LOSING GROUND? EXPLORING RACIAL/ETHNIC ENROLLMENT SHIFTS IN FRESHMAN ACCESS TO SELECTIVE INSTITUTIONS VICTOR B. SAENZ, LETICIA OSEGUERA, & SYLVIA HURTADO CHAPTER 5 105 FALLING SKY: TRENDS IN MINORITY ACCESS TO LAW SCHOOLS, PRE- AND POST-GRATZ AND GRUTTER HELEN HYUN 125 CHAPTER 6 OPENING AN AFRICAN AMERICAN STEM PROGRAM TO TALENTED STUDENTS OF ALL RACES: EVALUATION OF THE MEYERHOFF SCHOLARS PROGRAM, 1991-2005 KENNETH I. MATON, FREEMAN A. HRABOWSKI, III, & METIN ÖZDEMIR CHAPTER 7 157 IS ANYTHING RACE NEUTRAL? COMPARING “RACE-NEUTRAL” ADMISSIONS POLICIES AT THE UNIVERSITY OF TEXAS AND THE UNIVERSITY OF CALIFORNIA JORGE CHAPA & CATHERINE L. HORN Charting the Future of College Affirmative Action CHAPTER 8 173 RACE-CONSCIOUS STUDENT FINANCIAL AID: CONSTRUCTING AN AGENDA FOR RESEARCH, LITIGATION, AND POLICY DEVELOPMENT EDWARD P. ST. JOHN, BRITANY AFFOLTER-CAINE, & ANNA S. CHUNG 205 ABOUT THE CONTRIBUTORS iv ACKNOWLEDGEMENTS In 2003, The Civil Rights Project (CRP) at Harvard University released a series of reports addressing alternative admissions plans implemented in states prohibiting the use of race as a factor in college admissions, “Appearance and Reality in the Sunshine State: The Talented 20 Program in Florida” and “Percent Plans in College Admissions: A Comparative Analysis of Three States’ Experiences.” This new report, a result of our 2006 roundtable, “Is Access to Higher Education Shrinking? Impacts of Shifts in Race-Conscious Policies & Their Alternatives,” builds on CRP’s previous research and addresses the aftermath of the 2003 U.S. Supreme Court cases that upheld the use of race in college admissions. This volume could not have been produced without the dedicated researchers who contributed its chapters, as well as roundtable attendees who offered their feedback. We are grateful to our roundtable collaborators, the UCLA Graduate School of Education & Information Studies (especially Mitchell Chang and Sylvia Hurtado) and The Chief Justice Earl Warren Institute on Race, Ethnicity and Diversity, University of California, Berkeley, School of Law, as well as our colleagues at the NAACP-LDF who provided legal consultation. We thank the staff at The Civil Rights Project at Harvard University and UCLA and John T. Yun at the University of California, Santa Barbara for their assistance in completing this project. In addition, we gratefully acknowledge Carolyn Peelle, Jannet Kim, and Lori Kelley who provided editorial review for the report. Finally, we are indebted to The Ford Foundation for its generous support. Gary Orfield Patricia Marin Stella M. Flores Liliana M. Garces 2007 v Charting the Future of College Affirmative Action v i LIST OF TABLES CHAPTER 3: STAND YOUR GROUND: LEGAL AND POLICY JUSTIFICATIONS FOR RACE- CONSCIOUS PROGRAMMING 72 Table 3-1: Years Race-Conscious Programs Changed 72 Table 3-2: Why Programs Were Changed 73 Table 3-3: How Programs Were Changed 73 Table 3-4: Breakdown of “Opened to All” Category CHAPTER 4: LOSING GROUND? EXPLORING RACIAL/ETHNIC ENROLLMENT SHIFTS IN FRESHMAN ACCESS TO SELECTIVE INSTITUTIONS 87 Table 4-1: Enrollment at Selective Institutions (N=316) by Race (1994-2004) 89 Table 4-2: Enrollment at Very High, High, and Medium Selectivity Institutions by Race (1994-2004) 91 Table 4-3: Enrollment at Selective Institutions Per 1,000 High School Graduates Within Each Racial/Ethnic Group (1994, 1999, 2004) 92 Table 4-4: Enrollment at Very High, High, and Medium Selectivity Institutions Per 1,000 High School Graduates Within Each Racial/Ethnic Group (1994, 1999, 2004) 94 Table 4-5: Percentage of Students Entering Selective Four-Year Institutions by Parental Income 97 Table 4A-1: Percentage of White Freshmen Entering Four-Year Institutions by Parental Income 98 Table 4A-2: Percentage of Black Freshmen Entering Four-Year Institutions by Parental Income 99 Table 4A-3: Percentage of Hispanic Freshmen Entering Four-Year Institutions by Parental Income 100 Table 4A-4: Percentage of Asian/Pacific Islander Freshmen Entering Four-Year Institutions by Parental Income CHAPTER 5: FALLING SKY: TRENDS IN MINORITY ACCESS TO LAW SCHOOLS, PRE- AND POST-GRATZ AND GRUTTER 121 Table 5A-1: National Law School Application Rates by Race/Ethnicity 121 Table 5A-2: National Law School Matriculation Rates by Race/Ethnicity CHAPTER 6: OPENING AN AFRICAN AMERICAN STEM PROGRAM TO TALENTED STUDENTS OF ALL RACES: EVALUATION OF THE MEYERHOFF SCHOLARS PROGRAM, 1991-2005 135 Table 6-1: Number and Percent of Entering Students by Year of Entry and Ethnicity 136 Table 6-2: High School GPA, SAT Scores, and Gender by Year of Entry and Ethnicity 138 Table 6-3: Program Components by Year of Entry and Ethnicity 145 Table 6-4: Post-College Outcome by Year of Entry and Ethnicity for Meyerhoff and Comparison Students 151 Table 6A-1: Meyerhoff and Declined Comparison Sample: High School GPA, SAT Scores, and Gender by Year of Entry and Ethnicity 152 Table 6B-1: Number of Students Completing Process Evaluation Item by Survey and Entering Class vi i Charting the Future of College Affirmative Action 153 Table 6B-2: Process Evaluation Surveys: Item Wording and Rating Scale Over Time (summer bridge as sample item) CHAPTER 8: RACE-CONSCIOUS STUDENT FINANCIAL AID: CONSTRUCTING AN AGENDA FOR RESEARCH, LITIGATION, AND POLICY DEVELOPMENT 187 Table 8-1: Number of States with at Least One Publicly Funded Financial Aid Program that was Race-, Sex-, or Disability-Conscious, 1984-2003 188 Table 8-2: Number of Publicly Funded Financial Aid Programs that are Race-, Sex-, or Disability-Exclusive or Sensitive, 1984-2003 189 Table 8-3: Actual Composition of Scholarship Qualification by Racial/Ethnic Group 189 Table 8-4: Simulation of Racial/Ethnic Composition of Awardees, with Top 25% within Individual Schools (using at least one MEAP test) 190 Table 8-5: MEAP Qualification by Ethnicity, Using Traditional Award Criteria 190 Table 8-6: Top 25% of GPA by Ethnicity Using GPA-Merit Index 195 Table 8-7: Simulations of the Effects of Grant Award Amounts on the Probability of Enrollment by Admitted Students by LSAT, Race, and Gender at the Law School vi ii LIST OF FIGURES CHAPTER 5: FALLING SKY: TRENDS IN MINORITY ACCESS TO LAW SCHOOLS, PRE- AND POST-GRATZ AND GRUTTER 109 Figure 5-1: URM Law School Enrollment, 1993-2005 110 Figure 5-2: National Law School Application Rates, 1995-2004 111 Figure 5-3: Percentage Increase in Applications, 1995-2004 112 Figure 5-4: National Law School Admissions Rates, 1995-2004 113 Figure 5-5: Percent Change in Matriculation Rates, 1994-2004 117 Figure 5-6: Law School Annual Tuition, 1994-2003 CHAPTER 7: IS ANYTHING RACE NEUTRAL? COMPARING “RACE-NEUTRAL” ADMISSIONS POLICIES AT THE UNIVERSITY OF TEXAS AND THE UNIVERSITY OF CALIFORNIA 162 Figure 7-1: Texas System-Wide 10 Percent Plan Summer/Fall Freshman Admissions, by Race/Ethnicity, 1998-2004 163 Figure 7-2: UT Austin 10 Percent Plan Summer/Fall Freshman Admissions, by Race/Ethnicity, 1998-2004 CHAPTER 8: RACE-CONSCIOUS STUDENT FINANCIAL AID: CONSTRUCTING AN AGENDA FOR RESEARCH, LITIGATION, AND POLICY DEVELOPMENT 176 Figure 8-1: Differentials in College Enrollment Rates for Hispanic and African American Compared to White 18- to 24-Year-Old High School Graduates 177 Figure 8-2: The Gap Between the Actual Maximum Pell Award and University Attendance Costs (Tuition, Fees, Room and Board) 179 Figure 8-3: Federal Grant Aid for Postsecondary Education 181 Figure 8-4: National Trends in Continuation Rate and Grant/Tuition Ratio ix Charting the Future of College Affirmative Action x