Bill Text: CA AB1780 | 2023-2024 | Regular Session | Amended


Bill Title: Independent institutions of higher education: legacy and donor preference in admissions: prohibition.

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Introduced) 2024-05-08 - In committee: Set, first hearing. Referred to suspense file. [AB1780 Detail]

Download: California-2023-AB1780-Amended.html

Amended  IN  Assembly  April 18, 2024
Amended  IN  Assembly  April 08, 2024
Amended  IN  Assembly  March 11, 2024

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill
No. 1780


Introduced by Assembly Members Ting, McCarty, and Wilson
(Coauthor: Assembly Member Boerner)

January 03, 2024


An act to add Section 66018.4 to the Education Code, relating to postsecondary education.


LEGISLATIVE COUNSEL'S DIGEST


AB 1780, as amended, Ting. Independent institutions of higher education: legacy and donor preference in admissions: prohibition.
Existing law establishes independent institutions of higher education as one of the segments of postsecondary education in the state.
Existing law, the Cal Grant Program, establishes the Cal Grant A Entitlement Awards, the Cal Grant B Entitlement Awards, the California Community College Expanded Entitlement Awards, the California Community College Transfer Entitlement Awards, the Competitive Cal Grant A and B Awards, the Cal Grant C Awards, and the Cal Grant T Awards under the administration of the Student Aid Commission.
The Cal Grant Reform Act revises and recasts the provisions establishing and governing the existing Cal Grant Program into a new Cal Grant Program. Existing law specifies that the act becomes operative only if General Fund moneys over the multiyear forecasts beginning in the 2024–25 fiscal year are available to support ongoing augmentations and actions, and if funding is provided in the annual Budget Act to implement the act.
This bill would prohibit an independent institution of higher education, as defined, from providing a legacy preference or donor preference in admissions, as defined, to an applicant as part of the regular or early action admission admissions process. The bill would make a violation of the prohibition subject to a civil penalty equal to the amount the independent institution of higher education receives in the year before the violation occurred pursuant to the Cal Grant Program or the Cal Grant Reform Act, as applicable. The bill would require the civil penalty to be assessed and recovered by the Bureau for Private Postsecondary Education Department of Justice and deposited into the Cal Grant Account, which the bill would establish in the State Treasury. The bill would require funds in the account, upon appropriation by the Legislature, to be available for purposes of funding the Cal Grant Program or the Cal Grant Reform Act. The bill would require the Civil Rights Department department to post the names of the independent institutions of higher education that violate the prohibition on its internet website. The bill would require, on or before June 30, 2026, and annually thereafter, an independent institution of higher education to report specified information about admitted students to the Legislature.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 66018.4 is added to the Education Code, to read:

66018.4.
 (a) It is the intent of the Legislature to stop the practice of legacy and donor admissions and protect students receiving Cal Grant funds as they pursue their higher education.
(b) For purposes of this section, the following definitions apply:
(1) “Donor preference in admissions” means considering an applicant’s relation to a donor of, or a donation to, the independent institution of higher education as a factor in the admission admissions process.
(2) “Independent institution of higher education” has the same meaning as defined in subdivision (b) of Section 66010.
(3) “Legacy preference in admissions” means considering an applicant’s relation to an alumni of the independent institution of higher education as a factor in the admission admissions process, including asking an applicant to indicate where their relatives attended college and including that information among the documents that the independent institution of higher education uses to consider an applicant for admission.
(c) An independent institution of higher education shall not provide a legacy preference or donor preference in admissions to an applicant as part of the regular or early action admission admissions process.
(d) A violation of subdivision (c) shall result in a civil penalty equal to the amount the independent institution of higher education receives in the year before the violation occurred pursuant to the Ortiz-Pacheco-Poochigian-Vasconcellos Cal Grant Program (Chapter 1.7 (commencing with Section 69430) of Part 42) or the Cal Grant Reform Act (Chapter 1.5 (commencing with Section 69405) of Part 42), as applicable. The civil penalty shall be assessed and recovered by the Bureau for Private Postsecondary Education Department of Justice and deposited into the Cal Grant Account, which is hereby established in the State Treasury. Upon appropriation by the Legislature, funds in the Cal Grant Account shall be available for purposes of funding the Ortiz-Pacheco-Poochigian-Vasconcellos Cal Grant Program (Chapter 1.7 (commencing with Section 69430) of Part 42) and the Cal Grant Reform Act (Chapter 1.5 (commencing with Section 69405) of Part 42).
(e) The Civil Rights Department Department of Justice shall post the names of the independent institutions of higher education that violate subdivision (c) on its internet website. The information shall be provided to the Civil Rights Department by the Bureau for Private Postsecondary Education.
(f) On or before June 30, 2026, and annually thereafter, an independent institution of higher education shall report to the Legislature, in compliance with Section 9795 of the Government Code, both of the following:
(1) The race, geography, income brackets, and athletic status of all admitted students at the independent institution of higher education.
(2) The admission rate of students who are provided a legacy preference or donor preference in admissions, as compared to the admission rate of students who are not provided a legacy preference or donor preference in admissions.

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