BILL NUMBER: AB 2047 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 28, 2010
INTRODUCED BY Assembly Member Hernandez
FEBRUARY 17, 2010
An act to amend, repeal, and add amend
Section 66205 of the Education Code, relating to public
postsecondary education.
LEGISLATIVE COUNSEL'S DIGEST
AB 2047, as amended, Hernandez. Public postsecondary education:
admissions policies.
Existing law, the Donahoe Higher Education Act, sets forth, among
other things, the missions and functions of California's public and
independent segments of higher education, and their respective
institutions of higher education. Existing law establishes the
University of California, under the administration of the Regents of
the University of California, and the California State University,
under the administration of the Trustees of the California State
University, as 2 of the public segments of postsecondary education.
Provisions of the Donahoe Higher Education Act apply to the
University of California only to the extent that the regents act, by
resolution, to make these provisions applicable. A provision of the
act expresses legislative intent with respect to the determination of
standards and criteria for admission to the University of California
and the California State University.
This bill would authorize the University of California and the
California State University , until January 1, 2020,
to consider race, gender, ethnicity, national
origin, geographic origin , and household
income, along with other relevant factors, in undergraduate and
graduate admissions , so long as no preference is given, if
and when the university, campus, college, school, or program is
attempting to obtain educational benefit through the recruitment of a
multifactored, diverse student body. The bill would express
legislative intent that the authority granted by the bill be
implemented to the extent permitted by relevant case law and in
conformity with a relevant provision of the California Constitution
. The bill would also authorize the
University of California and the California State University to
consider race, gender, ethnicity, and national origin, along with
other relevant factors, in undergraduate and graduate admissions, to
the maximum extent permitted by the 14th Amendment of the United
States Constitution and relevant case law .
The bill would require the trustees, and request the regents, to
report, in writing, to the Legislature and the Governor by November
1, 2012, on the implementation of the provisions of
the bill. The bill would require these reports to include
information relative to the number of students admitted,
disaggregated by race, gender, ethnicity, national origin, geographic
origin, and household income, and compared to the prior 2 years of
admissions.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 66205 of the Education Code is amended to read:
66205. (a) In determining the standards and criteria for
undergraduate and graduate admissions to the University of California
and the California State University, it is the intent of the
Legislature that the governing boards do all of the following:
(1) Develop processes which strive to be fair and are easily
understandable.
(2) Consider the use of criteria and procedures that allow
students to enroll who are otherwise fully eligible and admissible
but who have course deficiencies due to circumstances beyond their
control, and, when appropriate, provide that the admission requires
the student to make up the deficiency.
(3) Consult broadly with California's diverse ethnic and cultural
communities.
(b) It is the intent of the Legislature that the University of
California and the California State University, pursuant to Section
66201.5, seek to enroll a student body that meets high academic
standards and reflects the cultural, racial, geographic, economic,
and social diversity of California.
(c) (1) Pursuant to subdivision (b), the University of California
and the California State University may consider race,
gender, ethnicity, national origin, geographic origin,
geographic origin and household income, along with other
relevant factors, in undergraduate and graduate admissions,
so long as no preference is given. This consideration may take place
if and when the university, campus, college, school, or program is
attempting to obtain educational benefit through the recruitment of a
multifactored, diverse student body. It is the intent of the
Legislature that this provision be implemented to the maximum extent
permitted by the decision of the United States Supreme Court in
Grutter v. Bollinger (2003) 539 U.S. 306, in which the court stated
that the Equal Protection Clause of the 14th Amendment to the United
States Constitution does not prohibit a university's "narrowly
tailored use of race in admissions decisions to further a compelling
interest in obtaining the educational benefits that flow from a
diverse student body," and in conformity with Section 31 of Article I
of the California Constitution. admissions.
(2) Pursuant to subdivision (b), the University of California
and the California State University may consider race, gender,
ethnicity, and national origin, along with other relevant factors, in
undergraduate and graduate admissions, to the maximum extent
permitted by the equal protection clause of the Fourteenth Amendment
of the United States Constitution, including, but not limited to, any
use to obtain an educational benefit through the recruitment of a
multifactored, diverse student body as permitted by the decision of
the United States Supreme Court in Grutter v. Bollinger (2003) 539
U.S. 306, in which the court upheld a university's "narrowly tailored
use of race in admissions decisions to further a compelling interest
in obtaining the educational benefits that flow from a diverse
student body."
(2)
(3) (A) The Trustees of the
California State University shall, and the Regents of the University
of California are requested to, report, in writing, to the
Legislature and the Governor by November 1, 2012, on the
implementation of this subdivision. These reports shall include
information relative to the number of students admitted,
disaggregated by race, gender, ethnicity, national origin, geographic
origin, and household income, and compared to the prior two years of
admissions.
(B) A report to be submitted pursuant to subparagraph (A) shall be
submitted in compliance with Section 9795 of the Government Code.
(d) It is the intent of the Legislature that the California State
University and the University of California use existing
data-gathering methodologies to the greatest extent possible in
preparing the report required by paragraph (2) of subdivision (c).
(e) This section shall remain in effect only until January 1,
2020, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2020, deletes or extends
that date.
SEC. 2. Section 66205 is added to the Education
Code, to read:
66205. (a) In determining the standards and criteria for
undergraduate and graduate admissions to the University of California
and the California State University, it is the intent of the
Legislature that the governing boards do all of the following:
(1) Develop processes that strive to be fair and are easily
understandable.
(2) Consider the use of criteria and procedures that allow
enrollment of students who are otherwise fully eligible and
admissible but who have course deficiencies due to circumstances
beyond their control, and, when appropriate, provide that the
admission requires the student to make up the deficiency.
(3) Consult broadly with California's diverse ethnic and cultural
communities.
(b) It is the intent of the Legislature that the University of
California and the California State University, pursuant to Section
66201.5, seek to enroll a student body that meets high academic
standards and reflects the cultural, racial, geographic, economic,
and social diversity of California.
(c) This section shall become operative on January 1, 2020.