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2000 SESSION

006292804
HOUSE JOINT RESOLUTION NO. 202
AMENDMENT IN THE NATURE OF A SUBSTITUTE
(Proposed by the House Committee on Rules
on February 11, 2000)
(Patron Prior to Substitute--Delegate Jones, J. C.)
Continuing the Commission on Access and Diversity in Higher Education in Virginia.

WHEREAS, House Joint Resolution No. 184 (1996) established a commission to examine the legal obligations certain federal court decisions imposed on the public colleges and universities in Virginia, to determine and recommend appropriate strategies to ensure compliance, and to ascertain ways to remove any vestiges of the dual system of higher education; and

WHEREAS, due to the complexity of the issues, the 1997 Session of the General Assembly continued the study, pursuant to House Joint Resolution No. 525 (1997), requesting that the Commission conduct a comprehensive examination of the issues and objectives which it was directed to probe; and

WHEREAS, although the United States Supreme Court, in United States v. Fordice 112 S. Ct. 2727 (1992), ruled that states, such as Virginia, which previously operated dual segregated systems of higher education, have a legal obligation to remove all vestiges of past discrimination “to the extent practicable and consistent with sound educational practices,” recent federal district and circuit courts have complicated the legal landscape with potentially conflicting decisions; and

WHEREAS, national and state findings pertaining to equal educational opportunity for minority citizens indicate that “none of the southern states surveyed, including Virginia, demonstrate an acceptable level of success in desegregating their higher education systems, and that opportunity for minorities in higher education is restricted, limited, fragmented, and uneven, with blacks lagging behind in student and faculty representation, access, and graduation rates,” due to the lack of substantial improvement in the desegregation of the systems of higher education among such states; and

WHEREAS, the Virginia Plan for Equal Opportunity in Higher Education, although never codified, was created and funded by the General Assembly in response to the 1970 federal court decision modified in Adams v. Richardson, 480 F.2d 1159 (D.C. Cir. 1973) to increase higher education opportunities for minorities, but a current statewide plan for equal education opportunity which reflects the Supreme Court’s ruling in Fordice has not been developed; and

WHEREAS, the Joint Legislative Audit and Review Commission (JLARC) reported, as a result of its evaluation of the State Council of Higher Education, that there is a need for a current statewide plan for the “continued administration and monitoring of equal education opportunity programs to ensure effective and efficient use of State resources”; and

WHEREAS, the United States Department of Education's Office for Civil Rights (OCR) has launched its civil rights review of the Commonwealth to assess Virginia's efforts to fulfill its desegregation plan and to eliminate all vestiges of the de jure system, in light of Fordice;” and

WHEREAS, the Commission, as the liaison between the Virginia General Assembly and OCR, works cooperatively with OCR and provides legislative oversight during the civil rights review, recognizing that on-going effective communication and collaboration is in the best interest of the Commonwealth; and

WHEREAS, throughout the study, the Commission has established effective relationships with and solicited the participation and assistance of the Secretary of Education, the Office of the Attorney General, the State Council of Higher Education, the Virginia Community College System, the Department of Education, a multi-disciplinary citizens' advisory task force, and nationally renowned experts, scholars, and associations to advise, collaborate, and assist it in its work; and

WHEREAS, the Commission was charged pursuant to House Joint Resolution 226 (1998) to construct a strategic plan to close the academic achievement gap between African-American and white students; consider the efficacy of establishing the K-16 continuum; advise the General Assembly concerning appropriate ways to respond to the findings and recommendations of OCR; and, among other things, to examine and recommend alternatives to address the teacher shortage issue, particularly the low representation of minority teachers in grades K-12, and minority faculty in Virginia's institutions of higher education; and

WHEREAS, these and other objectives have not been completed, and the Commission must await the completion of the civil rights review and the submission of the findings and recommendations of the Office for Civil Rights; and

WHEREAS, the Commission, representing the Commonwealth's policy-making body, has been directed to consider and advise the General Assembly regarding some of the most profound, controversial, and complex social, economic, political, and legal issues of the day, it is the consensus of the Commission that more time is needed to complete its work and to carefully and judiciously weigh its own findings and those of OCR before it can recommend an appropriate course of action; now, therefore, be it

RESOLVED by the House of Delegates, the Senate concurring, That the Commission on Access and Diversity in Higher Education in Virginia be continued. The Commission shall be composed of sixteen members as follows: nine members of the House of Delegates, to be appointed by the Speaker, in accordance with the principles of Rule 16 of the Rules of the House of Delegates; and seven members of the Senate, to be appointed by the Senate Committee on Privileges and Elections.

The Commission shall (i) continue its work on the objectives enumerated in HJR 184 (1996) and HJR 226 (1998), and as articulated in its 2000 study plan; (ii) continue to provide legislative representation and oversight during the civil rights review; (iii) continue its consultation and collaboration with the U. S. Department of Education Office for Civil Rights, receive and response to the findings and recommendations of the U. S. Department of Education's Office for Civil Rights; (iv) examine the legal obligations, if any, imposed on the Commonwealth by recent federal court decisions regarding the desegregation of public colleges and universities; (v) evaluate the status of the Virginia Plan for Equal Opportunity in Higher Education; (vi) recommend specific immediate and long-term initiatives to ensure equal educational opportunities for all Virginians, and increase the numbers of African-American and other minority students, faculty, and administrators at the undergraduate and graduate levels, and in the professional schools; (vii) follow through with recommendations from the statewide legislative conference held in October 1997; (viii) monitor the Congress, federal agencies, and federal and state courts relative to litigation, court decisions, and administrative action pertaining to equal educational opportunity and affirmative action; (ix) address the shortage of teachers, particularly minority teachers and faculty; (x) develop the Blueprint to Close the Academic Achievement Gap between Disadvantaged and Historically Underrepresented and White Students; (xi) identify and review all preferences other than race used in the college admissions process, e.g. legacies, athletic and artistic ability, etc.; (xii) collaborate with other legislative study committees with related goals; (xiii) monitor and assess communication and collaboration throughout the K-16 continuum; (xiv) continue its dialogue and work with the Southern Education Foundation and the SEF Virginia Team, and other regional and national organizations, such as the Education Trust, the College Board, and Educational Testing Service concerning, but not limited to, teacher recruitment, access to higher education, high stakes testing, and the Blueprint; (xv) recommend appropriate initiatives and changes as may be necessary to ensure compliance with federal and state laws and court decisions; and (xvi) consider such other related issues as the Commission may deem appropriate.

The Commission shall continue to confer with persons with expertise in the structure and governance of the public and private K-12 and higher education systems; civil rights, education, and constitutional law; higher education funding mechanisms; student financial aid; business and industry; job training, economic and workforce development; and representatives of the Southern Education Foundation, all of whom shall act in an advisory and voluntary capacity to the Commission, without compensation. The Commission shall also continue its consultation with the Virginia Secretary of Education, the Office of the Attorney General for Virginia, the U. S. Office of the Secretary of Education, the U. S. Department of Education's Office for Civil Rights, the U. S. Department of Education Mid-Atlantic Equity Center, U. S. Department of Justice, and such other public and private agencies and entities as it deems appropriate in the furtherance of its work.

The Division of Legislative Services shall continue to provide staff support for the Commission. The State Council of Higher Education, the Virginia Community College System, the Department of Education, and the staffs of the House Committee on Appropriations and the Senate Committee on Finance shall provide technical assistance for the study. All agencies of the Commonwealth shall provide assistance to the Commission, upon request.

The direct costs of this study shall not exceed $46,000. An estimated $1,000 is allocated for materials and resources. Such expenses shall be funded from the operational budget of the Clerk of the House of Delegates.

The Commission on Access and Diversity in Higher Education in Virginia shall submit an interim report to the Governor and the 2001 Session of the General Assembly, and shall complete its work in time to submit its findings and recommendations to the Governor and the 2002 Session of the General Assembly as provided in the procedures of the Division of Legislative Automated Systems for the processing of legislative documents.

Implementation of this resolution is subject to subsequent approval and certification by the Joint Rules Committee. The Committee may withhold expenditures or delay the period for the conduct of the study.