Bill Text: CA SB185 | 2011-2012 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

---

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-Amended.html

---

BILL NUMBER: SB 185	AMENDED
	BILL TEXT

	AMENDED IN SENATE  MAY 3, 2011
	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 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  shall 
 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, 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 (2) of subdivision (c).