Bill Text: CA SB185 | 2011-2012 | Regular Session | Enrolled
Bill Title: Public postsecondary education.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Vetoed) 2012-03-01 - Consideration of Governor's veto stricken from file. Veto sustained. [SB185 Detail]
Download: California-2011-SB185-Enrolled.html
BILL NUMBER: SB 185 ENROLLED
BILL TEXT
PASSED THE SENATE SEPTEMBER 1, 2011
PASSED THE ASSEMBLY AUGUST 29, 2011
AMENDED IN ASSEMBLY JULY 7, 2011
AMENDED IN SENATE MAY 3, 2011
AMENDED IN SENATE APRIL 4, 2011
INTRODUCED BY Senator Hernandez
(Coauthor: Assembly Member Lara)
FEBRUARY 7, 2011
An act to amend Section 66205 of the Education Code, relating to
public postsecondary education.
LEGISLATIVE COUNSEL'S DIGEST
SB 185, 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 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,
2013, 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.
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, 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) (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, 2013, 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).
