Bill Text: CA AB1780 | 2023-2024 | Regular Session | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Independent institutions of higher education: legacy and donor preference in admissions: prohibition.
Spectrum: Partisan Bill (Democrat 6-0)
Status: (Enrolled) 2024-08-28 - Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 62. Noes 0.). [AB1780 Detail]
Download: California-2023-AB1780-Amended.html
receiving Cal Grant funds as they pursue their higher education.
Bill Title: Independent institutions of higher education: legacy and donor preference in admissions: prohibition.
Spectrum: Partisan Bill (Democrat 6-0)
Status: (Enrolled) 2024-08-28 - Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 62. Noes 0.). [AB1780 Detail]
Download: California-2023-AB1780-Amended.html
Amended
IN
Senate
June 11, 2024 |
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 |
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 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 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 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 to the Legislature and the Department of Justice on whether it is in compliance or violation of these provisions, and if in violation of these provisions, to also report specified information about admitted students to the Legislature.
students, as specified. The bill would require the department to post the names of the independent institutions of higher education that violate the prohibition on its internet website by the next fiscal year.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NOBill Text
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(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 admissions process.
process, including asking an applicant to indicate their family’s donor status and including that information among the documents that the independent institution of higher education uses to consider an applicant for admission.
(2) “Independent institution of higher education” has the same meaning as defined in subdivision (b) of Section 66010.
(3) (A) “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 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.
(B) “Legacy preference in admissions” does not include collecting data on an applicant’s relation to an alumni or donors for purposes other than admissions decisions.
(c) An Commencing September 1, 2025, 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 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
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). The Department of Justice may use any and all statutory means to obtain information that will aid in the enforcement of this section.
(e)The Department of Justice shall post the names of the independent institutions of higher education that violate subdivision (c) on its internet website.
(f)
(e) On or before June 30, 2026, and annually thereafter, an independent institution of higher education shall report to the Legislature, Legislature and the Department of Justice, in compliance with Section 9795 of the Government Code, both either of the following:
(1) The independent
institution of higher education was in compliance with subdivision (c) for all enrolled students for that academic year.
(2) (A) The independent institution of higher education was in violation of subdivision (c) for that same academic year.
(B) An independent institution of higher education that reports that it was in violation of subdivision (c), regardless of the number of violations, shall include in its report both of the following for all enrolled students admitted that academic year:
(1)
(i) The
legacy status, donor status, race, geography, income brackets, and athletic status of all admitted students at the independent institution of higher education.
(2)
(ii) 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.
(f) The Department of Justice shall
post the names of the independent institutions of higher education that violate subdivision (c) on its internet website by the next fiscal year after receiving reports pursuant to subdivision (e).