by

Baltazar Arispe y Acevedo, Jr

The Situation

The positive actions taken in 2001 by the state legislature and the educational progress made by state agencies are rooted in the political elections in the early 1970s. During the height of the civil rights movement, a few Latinos were elected into the Texas legislature. With a handful of elected Latino legislators, MALDEF began litigation on K-12 education issues and later ventured into higher education negotiations, which resulted in the South Texas higher education realignment. Since 1970, the few elected Latino legislators of the time have gained seniority, resulting in them chairing critical committees. In addition to the seniority factor, more Latinos have been elected to the state legislature, making for a robust corps. On top of growing in importance at the state legislature level, a number of Latinos have also been appointed to serve on the state board of education, to serve as regents on university boards, and as members of the Texas Higher Education Coordinating Board. Finally, a number of Latinos have been elected to Congress. However, this increased presence at the state level may be negatively impacted by the current and traditional struggle of political representation and redistricting required after every decennial census. Without greater representation equal to the growing population, future progress is jeopardized.

Note: The following in [ ] will be placed in a box instead of being part of the text.

[Steve Murdock in his book, The Texas Challenge: Population Change and the Future of Texas, (1997) shares the following perspective about how the future of Texas. He states that:

      "For both the private and public sectors of Texas, the need to improve the socioeconomic resources of minorities is of utmost importance. With more than 87 percent of the net increase in the population and two-thirds of the net increase in the labor force projected to be due to minority populations, it is clear that the future of Texas is directly tied to its minority populations. How well minorities do in the economy, how well they can compete with other workers in the global economy is of importance to all Texans. With education being the traditional route to improvement in economic mobility, educational attainment is likely to be of critical importance, if we are to change the future of minorities and the future of Texas. Texas must invest in the socioeconomic improvement of its minority populations because the state's future is increasingly dependent on them".

The population growth of Texas during the 1990's made it the second largest state in the nation after California. The following chart provides a comparison of the demographic shifts from the 1990 census to the 2000 census:

Table 1: Texas Population

Source: United States Census Bureau

The shifts in the demography of Texas will continue to be more pronounced in that the white population is projected to be less than 50% within the next ten to twenty years as demonstrated in Table 2.

Table 2: Projected Texas Populations: 1990-2030

Source: Texas State Data Center. Texas A&M University, 2001.

The ethnic populations in Texas are growing at a rate that they will collectively outnumber the present white majority within the next five years. The Hispanic population has an average age of less than 26 years and that puts a high percentage of it in the fertility zone and thus its birth rates will continue to increase. Conversely, the white population has an average age of 36 years and its fertility rates will continue to drop. Also, migration into the state, both documented and undocumented, continues to be predominately Hispanic and this too will impact population growth. The Texas State Data Center, located at Texas A&M University, has several demographic scenarios to forecast population growth and in one of its most conservative scenarios the white population will grow by 20.4%, the Black by 62% and the Hispanic by 257%. This imbalance will result in an older white population that will depend on ethnic minorities to carry the brunt of the state's economy as it participates in a global, technologically charged environment.

Education Indicators

The data in Table 3 show that the majority of enrollment in kindergarten and grades one to six is Hispanic. It must be noted that these numbers and percentages begin to dissipate as Hispanics transition from elementary school to middle school and further diminution occurs as Hispanics go into high school. Table 4 reveals that the education of Latinos continues to be poor. While only 31 percent of Latinos graduate from high school, only 11 percent meet or exceed college admission requirements. Hispanics in higher education are under-represented with only 20 percent enrolled in relation to their composition of the state population (32%). (See Table 4). The majority of Hispanic students continue to be over-represented in Texas community colleges where they make up 29% of the enrollment but still not at the same level of participation equal to their share of the state's population. (See Table 5.)

Table 3: Texas Statewide Enrollment Totals: 2000-2001

Source: Texas Education Agency.

Table 4: Enrollment by Ethnicity for Texas Public Colleges & Universities: All Classifications for Fall 2000

Source: Texas Higher Education Coordinating Board

Table 5: Texas Community College Enrollment (Fall, 2001)

Source: Texas Higher Education Coordinating Board.

The current systems of tracking participation rates of Latinos used by the Texas Education Agency or the Texas Coordinating Board for Higher Education do not provide the level of detail to adequately capture the condition of education for Texas Hispanics. It is imperative that these two agencies develop an appropriate and accurate data base management system. By doing so, the state can account for the state funded educational expenses and accurately assess the human capital that it is responsible and accountable to.

Social, Political and Economic Dynamics

Status of Children in Texas

There are many essential elements in the quality of life that must be considered by policy makers as they focus on a nurturing and positive educational experience for all children in the educational system. The following are some issues about Latinos and other Texas children that must be attended to by all levels of government if these students are to have an active role in the future of Texas. The Children's Defense Fund presents these issues for their 1997-2000 reporting cycle:

• There are 5,719,234 children in Texas. In 1997, 1,350,837 of them (23.6%) were poor. The state ranks 41st in the percentage of children in poverty.
• In FY 2000 2,444,986 children participated in the free school breakfast and lunch program in Texas public schools.
• 71 percent of 1,582,000 Texas children have no health insurance (25.2% of children under age 19). Texas ranks 50th in the percentage of uninsured children.
• 28% of two-year old babies are not immunized in Texas. The state ranks 48th in childhood immunizations for two-year-old.
• Minority youth make up 53 percent of the juvenile population but 78 percent of youth committed to public juvenile detention center.

Economic Indicators

The Texas economy has remained fairly stable during the past sixteen months and is showing an annual growth rate of 2.3% while the balance of the country is growing at a 1.8% rate. The unemployment rate has not risen above 5% over the past four quarters and is considered stabilized. Another indicator of economic stability emerges from the data on manufacturing hours per week. In Texas, the average is 42.7 hours per week while the national targeted average is set at 40 hours per week. The investment by Texas in higher education is estimated at $4.6 billion for FY 2000 and the gross return on investment to the state's economy was estimated at $25 billion or a net return of $20.4 billion per annum.

A critical issue confronting the Texas economy is the continued underdevelopment of the Lower Rio Grande Valley and the 43 counties that comprise the Texas Border Region. The Rio Grande Valley region is populated by over 65% Mexican-American and whose social, economic and infrastructure describes is dead to last in the state and among the worst in the nation.

The following quote will be placed in a box and not be part of the text.

Former State Comptroller John Sharp states:

      "If the Texas Border region were a state unto itself, its governor might be calling out the National Guard or petitioning Congress or the White House for emergency relief. Certainly, the region is rich in potential. But statistics show that Border residents, on average, are worse off than their fellow Americans. Too many are poor, too many cannot find good-paying jobs, and too few are adequately educate…"

[This statement was made in 1998 in the report, Bordering the Future: Challenges and Opportunities in the Texas Border Region]

In the January 2001 Update: The Border, Where We Stand, provides some data that shows that this 43 county region is still lagging significantly behind the rest of the state and nation. The data shows that:

• 33.8% of 5-to-17 year old school children in this region live in poverty and again this leads the state.
• 37.3% of the adult population in this region lack a high school education while the state's average is at 27.9%
• 57% of the region's population speaks Spanish at home while the balance of the state is at 22%.
• Per capita annual income was at $18,390 in the Texas Border Region annually while the balance of the state was at $25,803.
• This region has over 600 colonias (unincorporated residential areas) that have the highest unemployment rate, 20%, in the nation. The annual income for colonia residents is estimated at between $3,000 to $6,000 annually and less than 1% of colonia children have attended a post-secondary education institution.

This data is significant in that the Texas Border Region is the jump-off pad for in-state migration to the state's major urban areas: Houston, San Antonio, Austin, Ft. Worth and Dallas. As such this population brings many assets in terms of willingness to work. This population is hired mostly in menial labor and in jobs that are not attractive to the White workers. This migration also has a negative impact on the urban areas. The population that migrates from the Lower Rio Grande Valley has many needs in terms of educational development and for low income housing as well as causing stress on the health and social services infrastructure of the cities to which they migrate. It is imperative for the state to make the Texas Border Region's economy one that can sustain and nurture its citizens who would rather live and work near their social and cultural roots as well as close to their extended families.

Significant Legislative Action

In its most recent session, which ended in June 2001, the Texas legislature passed some significant legislation that indicates a willingness to address critical issues that will positively influence the state's development. Among the most significant bills were:

HB 1403 related to the eligibility of certain persons to qualify as residents of Texas for the purpose of higher education tuition or to pay tuition at the rate provided to residents of this state. Resident legal aliens of Texas will be greatly impacted by this bill since they will now qualify to pay in state tuition if they:

• Resides in Texas for at least three years
• Graduated from a Texas public/private high school or received a GED
• Provide the institution an affidavit stating intent to apply for permanent residency

It is estimated that over 45,000 Hispanic students who were graduates of Texas high schools will now be able to pursue their higher education since they will not have to pay international student tuition.

HB 3343 is a significant piece of legislation since it provided, for the first time, teachers and other public school employees with health insurance. $1.24 billion was allocated to fund a health insurance program for the 2002-2003 school year. Prior to this bill's passage public education employees in K-12 school districts has limited and fragmented access to health insurance benefits. It is believed that this bill will greatly expand the recruitment and retention of teachers for the public schools of Texas.

S.B 158 requires high school counselors to inform and document the advisement to all students about their higher education opportunities.

HB 1641 established new guidelines and alternatives by which applicants could receive consideration for graduate school admissions. Factors such as academic record, socioeconomic background and first generation college applicant were also added as critical evaluation criteria for graduate school consideration. This bill also limits the use of standardized test scores and prohibits assignment of specific weights to factors for admission consideration.

HB 400 requires that school districts with low college-going rates to partner with an institution of higher education and develop a plan to increase enrollment rates. This bill will have major implications for Texas Hispanic students who are not currently in the college/university pipeline, particularly in South Texas.

Other Legislative Issues to Consider

The Intercultural Development Research Association of San Antonio provides some perspectives about the recent Texas legislative session that merit attention. Those are:

• The state failed to provide sufficient funding, only $13 million, to support the declining infrastructure of public school facilities. This situation will make it difficult for school districts with poor tax bases to come up with local funds to repair or bring up to standard their aging facilities.
• IDRA credits the legislature with expanding the available funds to support the Texas Grant Program that is directed at increasing student enrollment in colleges and universities through scholarship assistance. The legislature appropriated an additional $335 million and modified eligibility to include financial need in order to expand the pool of eligible applicants.
• The legislature also revised higher education admissions requirements by phasing in a new requirement. Texas students who hope to enroll in a state four-year institution must take the state's high school recommended curriculum. This requirement will focus on more classes in the sciences, math and languages for all students. This will be the default curriculum and students may also enroll in the standard curriculum with their parent's permission.
• The Texas legislature chose to differ from Arizona and California in that it has made a wise decision to require that schools provide bilingual or ESL programs to Limited English Proficient students until they develop sufficient English language skills to succeed in an all-English curriculum.
• The Texas legislature also chose to exclude students identified as recent immigrants from the state assessment and accountability systems, providing for expanded testing exemptions that could extend up to three years.

The legislature and the Texas Education Agency (TEA) are being criticized for their failure to revise the existing formulas and definitions that determine how attrition (dropout) rates for local school districts are determined. Of major concern is the discrepancy between the dropout figures that are reported by TEA and by IDRA through its ten-year longitudinal study. A report issued by the Manhattan Institute for Policy Research on November 14, 2001, showed that attrition at the Houston Independent School District, the state's largest, was 16% for Whites, 45% for African-Americans and 58% for Hispanics. Nationally the attrition rate was reported at 26% for Whites, 44% for African-Americans and 46% for Hispanics.

Political Action

The federal government requires that all states redraw their congressional districts to reflect the most recent census data. The 2000 Census data provides the baseline for the drawing of all congressional districts and the Texas Lt. Governor is responsible for appointing the redistricting commission. At the beginning of the most recent legislative session he appointed a commission that did not include a single Hispanic representative even though this population had the most significant growth of any ethnic group in the state. After protest, he later appointed State Representative Judith Zaffrini to this commission.

Texas is divided in that its legislature, executive and U.S. Senatorial seats are held by the GOP but its congressional delegation is mostly Democrats. As of this writing, there is the traditional struggle of which party will have the advantage of representation. The outcome bears observation since at stake is the voting rights and political participation of the expanding Hispanic population in the state's major urban areas. As has been pointed out, the Latino population will be the majority ethnic group in Texas within the next twenty years. The outcomes of this year's redistricting will set the framework for how they participate in congressional legislation. Also, the majority of Texas Hispanics are under twenty-five years of age. The political orientation and participation of this young population will be affected by whether their influence is diluted or expanded by the type of ethnic clustering that is one outcome of the ongoing redistricting efforts.

Recommendations

The political history of Texas demonstrates that Latino legislators must champion the educational agenda for Latinos. Without elected Latino officials taking the leadership on the educational issues, Latinos youth will not progress. Therefore, the following recommendations are proposed for the forthcoming 2003 legislative session.

• The Texas Education Agency should advocate for more funding to support the expansion of maintenance and infrastructure projects in out-dated facilities in both South Texas and in the major urban areas. The 2001-2002 appropriation of $13 million is sorely inadequate when one considers that the state has over 1,000 school districts and many of these have inadequate tax bases to support local bond initiatives for infrastructure.
• Consider the proposals put forth by IDRA for the Texas Education Agency to develop and validate a definition of attrition that is both credible and measurable. The present system fails to account for the status of many students and leave too much of the process at the discretion of local school districts that are not working from a common policy point of reference.
• Initiate a moratorium on approvals for new charter schools, create new oversights guidelines and expand capacity building support for under-performing schools. The charter school system has been targeted toward under-served populations and many serve Hispanic students who are in educational distress (drugs, juveniles delinquency, pregnancy, absenteeism, etc.) and the targeted outcomes need to be audited and validated more closely using more stringent policy based guidelines.
• Improve the state's Disciplinary Alternative Education Program. There needs to be more communications and tracking of student performance between the regular classroom and these alternative education sites. Also, there is a need to have compatible staff credentials between alternative education program teachers and regular classroom teachers.
• The Texas Education Agency also needs to expand and apply its substitute teachers policy so that local school districts do not engage in staffing practices that rely on substitutes to compensate for shortfalls in staffing the schools to capacity with qualified instructional staffs.
• Access to higher education in Texas should be more closely monitored and evaluated. The Texas Higher Education Coordinating Board should be charged with tracking student enrollment, retention and graduation rates at each baseline level (Freshman, Sophomore, Junior and Senior). There is no current data reference that provides a true measure of the attrition rates for first time college attendees from ethnic groups or the persistence of these cohorts to graduation and enrollment in graduate school. If there was a 1% increase in this participation rate it would results in 200,000 more participants in Texas higher education.
• Set aside a designated appropriation line item that is directed toward the continued expansion of the programmatic and infrastructure plans that were part of the South Texas Plan. The 2001-2002 state appropriation for Texas higher education does not contain any designated set-aside funds for institutions of higher education that are located within the under-served South Texas Border region.
• Initiate a feasibility study that looks at the development of more professional and graduate programs in South Texas universities such as the University of Texas System sites at Brownsville, Edinburg, San Antonio and El Paso. Also to be considered should be the Texas A&M University System sites at Corpus Christi, Kingsville and Laredo. There are no law or medical schools at any of these institutions and there is a need to expand graduate education, particularly at the doctoral levels, in many health, higher education and business programs at these sites.