BILL ANALYSIS Ó
Senate Appropriations Committee Fiscal Summary
Senator Christine Kehoe, Chair
SB 185 (Hernandez)
Hearing Date: 05/26/2011 Amended: 05/03/2011
Consultant: Jacqueline Wong-HernandezPolicy Vote: Education 6-3
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BILL SUMMARY: SB 185 states legislative intent to authorize the
California State University (CSU) and authorizes the University
of California (UC) to consider race, gender, ethnicity and
national origin, geographic origin, and household income, along
with other relevant factors, in undergraduate and graduate
admissions, to the extent permitted by the 14th Amendment to the
United States Constitution, Section 31 of Article I of the
California Constitution, and relevant case law. This bill
requires the CSU and requests that the UC report on the
implementation of these provisions to the Legislature and
Governor by November 1, 2012, as specified.
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Fiscal Impact (in thousands)
Major Provisions 2011-12 2012-13 2013-14 Fund
Admissions consideration Significant cost pressure: UC
and CSU General
Reporting requirements $75 $150
$150 General
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STAFF COMMENTS: SUSPENSE FILE.
This bill states legislative intent to authorize the CSU and UC
to consider race, gender, ethnicity and national origin,
geographic origin, and household income, along with other
relevant factors, in undergraduate and graduate admissions, to
the extent permitted by the 14th Amendment to the United States
Constitution, Section 31 of Article I of the California
Constitution, and relevant case law.
While this bill does not require the university systems to
revise admissions policies, it creates pressure (and cost
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pressure) to do so. This pressure is exacerbated by requiring
the CSU and requesting UC report on the "implementation of this
subdivision". The reporting requirement assumes some level of
implementation and, thus, that the university systems will take
action to revise admissions policies. The UC estimates that it
would cost $350,000 to update its admissions policies based on
this bill.
The CSU is required and UC requested, as part of the report, to
include information relative to the number of students admitted,
disaggregated by race, gender, ethnicity, national origin,
geographic origin, and household income. The CSU does not
collect applicant data on geographic origin nor household
income; this report would require the CSU to collect and track
that information, which would cost approximately $150,000
annually. UC does collect this information, and would likely
incur only minor costs to report it.
The California Constitution, pursuant to Proposition 209 (1996),
prohibits the state from discriminating against or granting
preferential treatment to anyone due to their race, sex, color,
ethnicity, or national origin. This bill states that UC and CSU
are authorized to consider race, among other factors, to the
extent permitted by the equal protection clause of the
Fourteenth Amendment. The U.S Supreme Court has ruled that a
university may use race in a "narrowly tailored" manner if the
purpose is in obtaining educational benefits that derive from
diversity.
Staff notes that while litigation costs are not typically
considered in this committee, this bill is likely to invite
litigation against the CSU and UC. Issues of racial and ethnic
consideration in university admissions has been extensively
litigated, and to specify new authority to consider these
factors will likely result in new litigation.
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