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Warning! This is a not the current version of this legislative bill.
Italicized text includes proposed additions to law or the previous version of the bill.
Struck text includes proposed deletions to law or the previous version of the bill.

(pdf version)
AMENDED IN SENATE APRIL 4, 2011

INTRODUCED BY Senator Hernandez

FEBRUARY 7, 2011

An act to amend Section 66205 of the Education Code, relating to
public postsecondary education.


LEGISLATIVE COUNSEL'S DIGEST


SB 185, as amended, Hernandez. Public postsecondary education.
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
require
the California State University to consider
geographic origin and household income, along with other relevant
factors, in undergraduate and graduate admissions. 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 to the United States Constitution , Section 31 of
Article I of the California 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 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
may, and the California State University may
shall, 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. 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.
(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
to 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."

(3)

(2) (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 (3)
(2) of subdivision (c).