BILL ANALYSIS                                                                                                                                                                                                    




                   Senate Appropriations Committee Fiscal Summary
                           Senator Christine Kehoe, Chair

                                           2047 (Hernandez)
          
          Hearing Date:  08/02/2010           Amended: 04/28/2010
          Consultant:  Dan Troy           Policy Vote: ED 6-2
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          BILL SUMMARY:   AB 2047 would authorize the University of  
          California (UC) and the California State University (CSU) to  
          consider geographic origin and household income in undergraduate  
          and graduate admissions.  The bill would also authorize UC and  
          CSU to consider race, gender, ethnicity, and national origin in  
          undergraduate and graduate admissions, to the extent permitted  
          by the equal protection clause of the Fourteenth Amendment of  
          the United States Constitution, as specified.  CSU would be  
          required, and UC requested, to report to the Legislature and the  
          governor by November of 2012 on the implementation of the  
          provisions of this bill. 
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          ____
                            Fiscal Impact (in thousands)

           Major Provisions         2010-11      2011-12       2012-13     Fund
                                                                  
          Reporting                                         $150   $150    
          General
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          ____

          STAFF COMMENTS: This bill meets the criteria for referral to the  
          Suspense File.

          In regard to the standards and criteria for admissions to UC and  
          CSU, current law expresses legislative intent that the governing  
          boards to:

             1)   Develop processes that strive to be fair and easily  
               understandable.
             2)   Consider criteria and procedures that allow otherwise  
               eligible applicants to enroll who have course decisions sue  
               to circumstances beyond their control.
             3)   Consult broadly with California's diverse ethnic and  
               cultural communities.  











          Current law also expresses the intent of the Legislature that  
          the UC and the CSU seek to enroll a student body that meets high  
          academic standards and reflects the cultural, racial,  
          geographic, economic, and social diversity of California.

          The CSU system all students who are California residents that  
          graduate from high school, have a grade point average above 3.0  
          and complete a 15-unit pattern of courses with a grade of C or  
          higher for admission as a first-time freshman. The CSU  
          authorizes undergraduate majors, programs or campuses to use  
          supplementary admission criteria to screen applications, if  
          impacted.  Each major, program, or campus is authorized to  
          determine its own supplementary admissions criteria.  

          The University of California uses an admissions policy known as  
          Comprehensive Review, adopted in November 2001. Campuses use 14  
          selection criteria, ten based upon academic achievement and four  
          based on factors such as special talents and accomplishments,  
          creativity, tenacity, community service and leadership to make  
          admissions decisions.  Campuses may employ their own weighting  
          factors.
          Page 2
          AB 2047 (Hernandez)

          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.

          Both CSU and UC indicate that implementing the new admission  
          requirements, to the extent they choose to do so, should not  
          lead to new costs.  To the extent the segments choose to use  
          race in a manner that is inconsistent with the state or U.S.  
          Constitution, it is possible, though, that they may incur costs  
          for litigation.  CSU does not currently collect comprehensive  
          data on household income and geographic location on student  
          applications, so complying with the bill's reporting  
          requirements would cost the system an estimated $150,000,  
          annually.