Dear Morgan Hill parents, community members and concerned citizens,

On Tuesday (May 2, 2023), the Morgan Hill Unified School District (MHUSD) Board of Education will hold its regular meeting in which the trustees will discuss a proposal to introduce an Ethnic Studies course (Agenda Item #  [K4](https://simbli.eboardsolutions.com/SB_Meetings/ViewMeeting.aspx?S=36030336&MID=14008)).  Please attend the meeting and speak up to urge the board members to make the course development process open, transparent and democratic.

According to California law (AB 101), all public high schools in the state will make Ethnic Studies a required course starting with the 2025-26 school year. The MHUSD is now considering implementing the course in the 2023-24 school year, before the state mandate takes effect so that the school district can “pilot, tweak, and work to perfect” it.

It is important to recognize the controversies surrounding California’s movement to promote Ethnic Studies at the K-12 level. Unlike the rosy picture painted by the MHUSD leadership’s presentation on this item, the institutionalization of Ethnic Studies as a K-12 class has been marked by contentions and disagreements over academic contents, ideological frameworks and pedagogical preferences. In October 2021, CFER led a broad-based effort in which 27 partner organizations the Latino American Political Association, the National Association of Scholars, Free Black Thought, the AMCHA Initiative, Parents Defending Education, and Moms for Liberty joined our  [open letter](https://www.philanthropyroundtable.org/a-diverse-bi-partisan-effort-against-california-s-divisive-critical-ethnic-studies-curriculum/)  against teaching Ethnic Studies through a racialized, critical lens. In May 2022, a group of Jewish parents and teachers in Los Angeles, represented by the Deborah Project and Judicial Watch,  [sued](https://jewishinsider.com/2022/05/calif-lawsuit-targets-teaching-of-ethnic-studies-in-los-angeles-schools/)  the Los Angeles Unified School District for discriminating against Jews in its Ethnic Studies curriculum.

The proposed MHUSD  [curriculum](https://simbli.eboardsolutions.com/meetings/TempFolder/Meetings/MHUSD%20Introduction%20to%20Ethnic%20Studies%20Course%20Description%202023-24%20(1)_491594i2242chfvztetieig0x1t34y.pdf), which will be discussed as a “first read informational item” on the May 2nd  board meeting, contains recommended readings from one particular political viewpoint. There are also some objectionable elements including thematic units on systems of power, social justice and equity.

How Ethnic Studies should be taught, what instructional materials are needed and which kind of professional development is conducive for the goal should not be treated as settled matters or a foregone conclusion. Instead, parents, community members and taxpayers should be given ample opportunities to participate in the process of curriculum development, review all instructional materials and have their feedback fully considered by the school district. It is necessary to reiterate a dynamic process of open discussion and deliberations.

We urge you to attend the  **May 2nd  MHUSD Board Meeting**  at  **5pm in the Boardroom located at  15600 Concord Circle; Morgan Hill, CA 95037.** [Sign up](https://docs.google.com/forms/d/e/1FAIpQLSch4Nydq7yiwjMHoUDTZ3lo02rGPBjnrEZnKHj1TNaRchKE_g/viewform)  to give a public comment and address the Board with your demands for transparency and community involvement. You can also  [contact](https://simbli.eboardsolutions.com/AboutUs/AboutUs.aspx?S=36030336&TID=1)  your board representatives to share your concerns and requests.

Going forward, we encourage you to continue to get involved at the local school district, monitor new developments and speak up. The future of local education and our next generation needs to be vigorously safeguarded.

Thank you in advance!

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Action Alert in Morgan Hill Unified School District: Demand Academic Transparency and Community Involvement for MHUSD’s Ethnic Studies Course Development

**For Immediate Release**

**April 24, 2023**

**SAN DIEGO, CA – April 24, 2023-**  On April 24th, the Californians for Equal Rights Foundation (CFER) and 10 partner organizations submitted  [a joint letter](https://strapi-cfer.nyc3.digitaloceanspaces.com/dbd2ff716e465c9b1c4d0aa6ba97a83a.pdf?updated_at=2023-04-24T15:59:14.782Z)  to the United States Commission on Civil Rights (USCCR) in response to the commission’s  [public briefing](https://youtu.be/M1OYprno7nw)  on March 24th  regarding “The Federal Response to Anti-Asian Racism in the United States.”

In the public statement, we called on the USCCR to anchor federal policy responses in the principle of equal protection under the law equal rights as the only civil rights protection that can alleviate discrimination and bigotry against Asian Americans. To better protect members of the Asian-American community, our coalition demands equal treatment in prosecuting these crimes and strengthening law enforcement. Our letter also argues that any meaningful solutions combatting anti-Asian discrimination must deal with the systemic issue of anti-Asian discrimination in education.

“Asian Americans are first and foremost Americans and we are entitled to the constitutional and foundational protections of civil rights,” commented Saga Conroy, CFER secretary. “Our broad-based coalition represents tens of thousands of Americans of Asian descent and other Americans who demand that policy makers adhere to the principle of equality in prosecuting these crimes and strengthening law enforcement, while at the same time confront endemic discrimination against Asian-American students in education. After all, we don’t need special treatment – we demand equal treatment!"

CFER is joined by the following groups: the American Civil Rights Project, Alliance to Protect Children, Asian American Pacific Islander Republican Alliance, Asians for Liberty, Friends of Lowell Foundation, San Diego Asian Americans for Equality, Silicon Valley Chinese Association Foundation, The Settlement Project, TOC Foundation and Tri-Valley Asian Association.

We will continue to monitor future developments at the USCCR regarding a federal response to anti-Asian racism and continue to champion genuine public awareness building on this topic.

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CFER Led a Broad-based Coalition in a Joint Letter to the U.S. Commission on Civil Rights, Advocating for Equal Rights as the Only Viable Civil Rights Redress to Combat Crimes, Bigotry, And Discrimination 

**CFER 2023 Legislative Digest**

At the beginning of its 2023-2024 legislative session, the California Legislature, emboldened by a partisan supermajority and unconcerned with procedural checks and balances, welcomed a flurry of new bills, constitutional amendments, and resolutions. Many of these new legislative measures, especially those with prospects of ending up at the Governor’s desk, add to the continuum of an ideologically informed model of state governance with the pursuit of equity, diversity, justice, representation and other lofty ideals taking the center stage.

Among them, 13 new bills warrant special attention. Some (AB 359, AB 447, AB 735, AB 1198, AB 1232, AB 1701) are clearly in defiance of Prop. 209, California’s constitutional principle of equal protection. Three of them (AB 11, AB 252, AB 731) follow the ideological, racial-balancing trend of directing a particular public program to consider the racial, ethnic, gender, and geographic diversity of California. Two other bills (AB 672 and AB 789) intend to further dumb down academic standards in the name of equity. Also, in the name of equity, one bill (AB 1078) proposes replacing local control with state oversight when it comes to introducing controversial curriculums and another bill (AB 437) would establish a statewide definition of equity.

**AB-359: Dual enrollment through College and Career Access Pathways partnerships (In Defiance of Prop. 209)**

Introduced by Assembly Member Chris Holder, [AB 359](https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202320240AB359) would appropriate from the General Fund to the California Department of Education and California Community Colleges to create dual enrollment programs to reduce equity gaps among racial and ethnic subgroups. Specifically, these equity-focused dual enrollment programs would allow "high school pupils who are not historically represented in institutions of higher education the opportunity to take college courses.” This “equity-based approach” intends to expend unknown sums of taxpayer funds on giving preferences to particular groups of high school students, identified by race and ethnicity, in public higher education programs.

**AB-447: Students with disabilities: inclusive college pilot programs (In Defiance of Prop. 209)**

Even in legislating policies to give reasonable accommodation to disabled students, equity-minded legislators are cognizant of race. [AB 447](https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202320240AB447), co-authored by Assemblyman Joaquin Arambula and Senator Dave Cortese, would establish inclusive college pilot programs for students with intellectual and developmental disabilities. A typical inclusive pilot program would entail a host of components, such as scholarships, a person-centered planning process, technical supports, career development options, and support services in extracurriculars, housing and other aspects of campus life. Notably, these programs must also “establish strategies to recruit and support students from historically underserved communities.”

**AB-735: Workforce development in utility careers (In Defiance of Prop. 209)**

[This bill](https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202320240AB735) would establish the High Road Utility Careers (HRUC) program to connect existing resources with individuals interested in careers in the utility sector and ensure a continued reliable workforce for California utilities.  Bill author Assemblyman Marc Berman seeks to develop the HRUC programs through partnerships with statewide water, wastewater, and energy utility associations, with a focus on helping individuals with employment barriers. Among the many employment barriers listed in the bill are race and gender classifications such as “Indians, Alaska Natives, and Native Hawaiians,” and “Transgender and gender nonconforming individuals.”

**AB-1198: Equity in energy task force (In Defiance of Prop. 209)**

Assemblyman Tim Grayson introduced [AB 1198](https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202320240AB1198) to establish the Equity in Energy Task Force within the Governor’s Office of Business and Economic Development, known as “GO-Biz.” The taskforce will a develop a comprehensive strategy “aimed at addressing equity in the energy industry and increasing the participation rate of women, minorities, disabled individuals, and veteran-owned businesses, as well as individuals from disadvantaged communities.”

**AB-1232: Resilient and higher-welfare grant program in Department of Food and Agriculture (In Defiance of Prop. 209)**

To support the implementation of higher standards of care and more climate-smart farming practices, [AB 1232](https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202320240AB1232) was proposed as a welfare grant program by Assembly Members Damon Connolly and Robert Rivas. Priority would be given to limited resource and socially disadvantaged farmers or ranchers by the Department of Food and Agriculture in coordination with a "BIPOC advisory committee."

**AB-1701: Black infant health and California Perinatal Equity Initiative (In Defiance of Prop. 209)**

[AB 1701](https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202320240AB1701), introduced by Assemblywoman Akilah Weber, would expand the Black Infant Health Program under the California Perinatal Equity Initiative. The expanded program would then increase advocacy and empowerment for Black women and to ensure linkages to prenatal care, monitoring, life planning, birth spacing, infant development, and well-being. The program would appropriate from the annual state budget.

**AB-11: Affordable California Commission (California’s Diversity Reflected)**

Proposed by Assembly Member Corey Jackson, [AB 11](https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202320240AB11) would create the Affordable California Commission studying the causes and effects of the rising cost of living in California and developing solutions toward making California a more affordable place to live. The 11-member commission would include 9 non-legislative members appointed by the Governor to "reflect the geographic and demographic diversity of the state."

**AB-252: The College Athlete Protection Act (California’s Diversity Reflected)**

Assemblyman Chris Holden authored [AB 252](https://leginfo.legislature.ca.gov/faces/billVersionsCompareClient.xhtml?bill_id=202320240AB252), establishing the College Athlete Protection (CAP) Program within the Office of Planning and Research. The bill would also establish a 21-member CAP Panel comprised of appointed individuals to serve on 4 CAP Subpanels. Furthermore, “The racial, ethnic, gender, and geographic diversity of California shall be considered by the appointing authority when appointing CAP Panel members.”

**AB-731: Home book delivery grant program (California’s Diversity Reflected)**

Proposed for the purpose of improving student literacy by Assemblywoman Blanca Pancheco, [AB 731](https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202320240AB731) would establish the Home Book Delivery and School Connection Grant Program. The grant program would then focus on “increasing access to books that are culturally relevant and reflect the diversity of the state, and build connections between school and home to support pupils in achieving grade-level reading by 3rd grade.” Notably, “culturally relevant” has become a codename for politically biased, race-centric teaching practices.

**AB-672: Teaching performance assessments and teacher credentialing (Watering Down Standards)**

Assembly Member Corey Jackson introduced [AB 672](https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202320240AB672) to require the Commission on Teacher Credentialing to examine the current teacher credentialing process and the impact that high-stakes teacher credentialing assessments, and their associated costs, have on the current teacher shortage and the lack of diversity in the teaching workforce. The bill would eliminate the teaching performance assessment as a requirement for candidates to receive a single subject, multiple subject, or education specialist credential.

**AB-789: Satisfactory academic progress for Cal Grants (Watering Down Standards)**

Currently, the Cal Grant Program requires a student recipient to make satisfactory academic progress at a qualifying institution. But [AB 789](https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202320240AB789) would change that by overriding the authority of the Student Aid Commission to adopt regulations defining “satisfactory academic progress.” Bill author Assemblyman Marc Berman argues that eliminating this process is due to the fact that 24 percent of first-year, California Community College students receiving a federal Pell Grant did not meet SAP standards during their first two consecutive academic terms. Additionally, he reasons that “Black and Native American students were twice as likely as white and Asian students to not meet those standards.”

  
**AB-1078: Removing instructional materials and curriculum: diversity (The Enveloping Equity Scheme)**

Assemblyman Corey Jackson’s [AB 1078](https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202320240AB1078) targets instructional materials and local control by requiring the State Department of Education to develop a statewide policy for local educational agencies to follow before removing any curriculums or instructional materials. Specifically, the bill intends to “revise the list of culturally and racially diverse groups to instead include materials that accurately portray the contributions of people of all gender expressions and the role and contributions of LGBTQ+ Americans.”

**AB-437 State government: equity (The Enveloping Equity Scheme)**

[AB 437](https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202320240AB437) by Assemblyman Corey Jackson seeks to “establish a statewide definition of equity to ensure that legislation, policies, allocation of resources, and systemic practices empower and meet the unique needs of diverse and underserved populations.” Assemblyman Jackson also authored AB 1077 to require the State Controller to perform a comprehensive antiracism audit of each state agency and county every 5 years from 2025. The antiracism audit would help “identify, interrupt, and dismantle racist practices, policies, and attitudes.”

While 57.2% of California voters rejected a proposal to repeal the state’s constitutional guarantee of equal protection (Prop. 209) in November 2020, progressive state legislators have sought innovative ways to weaken, challenge, and circumvent the ban on racial preferences in the last three years. At the same time, mandating a particular public program to consider the racial, ethnic, gender, and geographic diversity of California has become a trendy pursuit among California progressive legislators. Essentially, proposals along this line of reasoning advocate for race proportionality, racial balancing and even quotas.

Furthermore, the cultural and ideological warfare, launched by the far left, is enhanced by a parallel endeavor to lower and even cancel merit, standards, and other measurable yardsticks of performance. Some new bills are also considered for the innocuous purpose of advancing equity, a new ideological construct that connotes treating individuals differently based on their group identities including race in order to socially engineer equal outcomes. Here, equity is treated as a foregone conclusion, rather than a falsifiable proposition that can be tested against empirical evidence.

CFER is closely monitoring the progress of all the 13 bills. We are also in the process of submitting official position letters regarding these proposals. You can check out our more comprehensive analysis of 45 new California bills in areas including education, labor, government, health and safety. CFER’s longer analysis encompasses the 11 bills summarized here and helps inform our friends, allies and the public about upcoming changes in state laws.

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Racial Preferences, Attacks on Merit & DEI Reiterated

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The Negative Space in Combating Anti-Semitism

Please join CFER in an effort to urge the U.S. Commission on Civil Rights Commission to consider our demands for equal protection and equal treatment at the federal level as the fundamental safeguard against discrimination, bias and racism against Asian Americans.  
  
**Between now and April 24, 2023, you can submit a written comment to the Commission via email** **(**[**antiasianhatecrimes@usccr.gov**](mailto:antiasianhatecrimes@usccr.gov)**)**. Please act now to make our voices heard by the Federal Government. **The principles of equal rights and equal protection for all, regardless of race, are foundational guarantees against discrimination of any kind.**  
  
On March 24, 2023, CFER Executive Director Dr. Wenyuan Wu testified at the U.S. Civil Rights Commission in a [public briefing](https://youtu.be/M1OYprno7nw) on “The Federal Response to Anti-Asian Racism in the United States.” In her [testimony](https://strapi-cfer.nyc3.digitaloceanspaces.com/a941e5248c9ed9d319d44b76874d183b.pdf?updated_at=2023-03-28T13:38:22.099Z), Dr. Wu drew on official crime data and statistical evidence of discrimination to make three main points:  
  
1. Criminal incidents targeting Asian Americans are egregious and must be addressed in the context of rising threats to public safety in general. The alarming increase in violent crime across the country matters to Asian Americans regardless of whether the particular crime is classified as a “hate crime” or not.  
2. Framing anti-Asian hate crimes and bias incidents in the narrative of systemic racism or hate misleads the public on conceptual, methodological and moral grounds. Among other things, it focuses attention on relatively minor incidents that do not constitute crimes at all, while it ignores violent crime the motivations that don’t happen to be classified by the police authorities as “hate crimes.”  
3. Persistent discrimination against Asian American students in education, justified under the names of diversity, equity and race-based affirmative action, is a much more salient and consequential form of anti-Asian discrimination.  
  
You can check out Dr. Wu’s detailed written statement [here](https://strapi-cfer.nyc3.digitaloceanspaces.com/681fc7dccedd2504b9f171fe245ba7dd.pdf?updated_at=2023-03-28T13:38:22.492Z). Other subject matter experts, including Manhattan Institute Fellow Charles Lehman, Center for Equal Opportunity President Devon Westhill, Asian American Legal Foundation Co-Founder Lee Cheng and Lowell Alumni Association Board Member Diane Yap, testified in alignment. Together, these expert witnesses urged for strengthening law enforcement, supporting equal education rights and doing away with ideological obsessions with equity and anti-racism.  
  
Sadly, all the left-leaning experts at the March 24 public briefing promoted the identity politics narrative of “Stop Asian Hate” with exaggerated data and emotional pleadings. Rather than confronting the realities of rising crimes in major U.S. cities and systemic discrimination against Asian American students in education, they put forward a theatrical performance demanding ideological warfare against white supremacy and more federal funding to their cause. Some experts even lambasted our side for endorsing anti-Blackness for pointing out obvious crime patterns! Much to our surprise the Staff Director of the U.S. Commission on Civil Rights actively tried to prevent the witnesses at the public briefing from discussing this issue.  
  
**Without equal treatment and equal protection as the fundamental civil rights guaranteed to all Americans, including Asian Americans, measures to funnel public funds towards raising awareness on systemic racism and collecting hate incidents data are window-dressing attempts.** No genuine public awareness building or community building will be accomplished when resources and policy focuses are misguided by ideology and identity politics.  
  
To better understand public opinions and attitudes within the Asian American community, members of the U.S. Civil Rights Commission are seeking comments on anti-Asian discrimination. **Your comment will be included in the Commission’s record so it is important that you voice your concerns for real anti-Asian discrimination in school admissions as a systemic issue harming the Asian-American community.** Please also support Dr. Wu’s testimony by asking the Commission to fully consider her written statement and calls for improving public safety and promoting equal rights. **You can submit your comment via email at** **[antiasianhatecrimes@usccr.gov](mailto:antiasianhatecrimes@usccr.gov)!**  
  
Thanks to your trust, CFER is building a positive track record in the area of advancing equality. We will continue to amplify the mission and expand our operations through various channels. I hope that you will continue to support us with a kind [donation](https://cferfoundation.org/support) today!  
  
Thank you in advance!

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Send Public Comments to the U.S. Civil Rights Commission to Demand Equal Treatment and Equal Protection to Combat Anti-Asian Discrimination

**For Immediate Release**

**March 22, 2023**

**SAN DIEGO, CA – March 22, 2023-**  On March 21, the American Civil Rights Project (ACR Project), representing Californians for Equal Rights Foundation (CFER) and individual San Francisco taxpayers,  [notified](https://www.americancivilrightsproject.org/blog/submissions/notice-of-intent-to-sue-ca-entities/)  the City and County of San Francisco, the San Francisco Unified School District, the University of California San Francisco and the California Health and Human Services Agency of our intent to sue regarding their illegal guaranteed-income programs.

In the formal letter, we argue that the four discriminatory programs violate the 14th  Amendment to the U.S. Constitution, the California State Constitution Article I Section 31(a) (Prop. 209), as well as Title VI of the Civil Rights Act of 1964.

“It’s cartoonishly unconstitutional for San Francisco and its co-conspirators to so blatantly distribute public resources based on race,” explained ACR Project Executive Director Dan Morenoff. “No serious person could look at any of these programs and tell you with a straight face that they satisfy strict scrutiny. Thankfully, California has a mechanism for its people to shut down obviously illegal programs, when their governments choose to ignore such well known facts.”

“The California Constitution unambiguously prohibits public agencies from treating individuals differently on the basis of race,” commented Frank Xu, president of CFER. “But these entities ignore the law and offer race-preferential programs under the disguise of equity. We are proud to participate in this request to halt these programs immediately and we will sue them if they don’t back down.”

The four guaranteed-income programs we are challenging include:

1. The  [Abundant Birth Project](https://pretermbirthca.ucsf.edu/abundant-birth-project.)  (APB), which provides unconditional cash supplements (up to $1,000) to Black and Pacific Islander mothers as a strategy to reduce preterm birth and improve economic outcomes for our communities.

2. The  [Guaranteed Income for Trans People](https://www.giftincome.org/)  (GIFT), which provides low-income transgender San Franciscans with $1,200 each month, up to 18 months, with priority given to Black, Indigenous or People of Color (BIPOC) applicants.

3. The  [Guaranteed Income Pilot for Artists](https://www.guaranteedinc.org/)  (GIPA), which provides 190 artists of particular races and gender expressions monthly payments of $1,000 for up to 18 months.

4. The  [Black Economic Equity Movement](https://beemproject.org/)  (BEEM), which selects 300 Black young adults ages 18 to 24 to receive $500 per month for one year.

CFER and its individual taxpayer co-plaintiffs are represented by the ACR Project and its co-counsel at the Benbrook Law Group.

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CFER and the American Civil Rights Project Notify California Entities of Intent to Sue to Stop Four Illegal Guaranteed Income Programs in San Francisco

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