ECS
From the ECS State Policy Database
Postsecondary Participation--Affirmative Action


Education Commission of the States • 700 Broadway, Suite 810 • Denver, CO 80203-3442 • 303.299.3600 • fax 303.296.8332 • www.ecs.org

This database is made possible by your state's fiscal support of the Education Commission of the States (ECS). Most entries are legislative, although rules/regulations and executive orders that make substantive changes are included. Every effort is made to collect the latest available version of policies; in some instances, recent changes might not be reflected. For expediency purposes minimal attention has been paid to style (capitalization, punctuation) and format.

Please cite use of the database as: Education Commission of the States (ECS) State Policy Database, retrieved [date].

State Status/Date Level Summary
CAVetoed 10/2011Postsec.From bill summary: Authorizes 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. Requires the trustees of the California State University, and requests the regents of the University of California, to report in writing to the legislature and the governor by November 1, 2013, on the implementation of the bill. Requires 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. Bill text: http://www.leginfo.ca.gov/pub/11-12/bill/sen/sb_0151-0200/sb_185_bill_20110902_enrolled.pdf
Governor's veto message: http://gov.ca.gov/docs/SB_185_Veto_Message.pdf
Title: S.B. 185
Source: www.leginfo.ca.gov

NHBecame law without governor's signature 06/2011Postsec.Prohibits preferences in recruiting, hiring, promotion, or admission by state agencies, the university system, the community college system, and the postsecondary education commission. Prohibits preferential treatment or discrimination based on race, sex, national origin, religion, or sexual orientation. http://www.gencourt.state.nh.us/legislation/2011/HB0623.html
Title: H.B. 623
Source: www.gencourt.state.nh.us

ARSigned into law 03/2011Postsec.
Community College
Clarifies what information specific to higher education-related reports should contain, including information on affirmitive action programs. Additionally, reports must state: (A) The amount of institutional revenue spent on remediation; (B) The total general revenue subsidy spent on remediation; (C) The total institutional expenditure for remediation; and (D) The general revenue percentage of total expenditures for remediation. . Requires some higher education related reports to be updated annually.
http://www.arkleg.state.ar.us/assembly/2011/2011R/Acts/Act696.pdf
Title: H.B. 1454
Source: http://www.arkleg.state.ar.us

CAVetoed 09/2010Postsec.From bill analysis: Authorizes the University of California (UC) and the California State University (CSU) to consider geographic origin and household income, along with other relevant factors, in undergraduate and graduate admissions. Also authorizes 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 of the U.S. Constitution and relevant case law. Requires the CSU trustees, and requests the UC regents, to report, in writing, to the legislature and the governor by November 2012 on the implementation of the bill. Requires these reports to include information on 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.
Bill text: http://www.leginfo.ca.gov/pub/09-10/bill/asm/ab_2001-2050/ab_2047_bill_20100830_enrolled.pdf
Governor's veto message: http://dl5.activatedirect.com/fs/distribution:letterFile/yvcee9xanplikz_files/z64txotp079lt5?&_c=d|yvcee9xanplikz|z651jtjl0g7yaz&_ce=1286210350.4f33d59998bb8edecbd5ca5e55e2e7f7
Title: A.B. 2047
Source: www.leginfo.ca.gov

NESigned into law 05/2009P-12
Postsec.
Changes diversity criteria (deletes terms racial, ethnic, and cultural backgrounds but leaves term "diverse") under the Student Diversity Scholarship Program Act.
http://www.nebraskalegislature.gov/FloorDocs/Current/PDF/Final/LB440.pdf
Title: L.B. 440
Source: http://www.nebraskalegislature.gov

NEApproved by voters 09/2008P-12
Postsec.
(INITIATIVE MEASURE NO. 424) Proposes an amendment to the State Constitution; prohibits the State from discriminating against, or granting preferential treatment to, any individual or group on the basis of race, sex, color, ethnicity, or national origin in public employment, public education, or public contracting; allows bona fide qualifications based on sex that are reasonably necessary; provides an exception for certain federal programs. On 11/14/2008 Ballot.
Title: V. 3; (Initiative Measure No. 424)
Source: Lexis-Nexis/StateNet

COApproved by voters 07/2008P-12
Postsec.
Community College
Proposes and amendment to the Constitution to prohibit the state from discriminating against or granting preferential treatment to any individual or group on the basis of race, sex, color, ethnicity, or national origin in the operation of public employment, public education, or public contracting; allows exceptions to the prohibition when reasonably necessary or when action is necessary to establish or maintain eligibility for federal funds.
http://www.elections.colorado.gov/DDefault.aspx?tid=1036
Title: Amendment 46
Source: http://www.sos.state.co.us/

MIApproved by voters 07/2006P-12
Postsec.
Community College
Amends the state Constitution through a ballot proposal to prohibit the University of Michigan and other state universities, the state, and all other state entities from discriminating against or granting preferential treatment based on race, sex, color, ethnicity, or national origin (Ballot Number 06-2). http://www.michigan.gov/documents/Statewide_Bal_Prop_Status_145801_7.pdf
Title: V. 3 (Prop. 2)
Source: http://www.michigan.gov/sos/

TXSigned into law 05/2005Postsec.From bill analysis: Enables the Texas Higher Education Coordinating Board to better monitor universities' minority outreach efforts by requiring universities and colleges to provide information on their efforts/strategies to increase minority enrollment. http://www.capitol.state.tx.us/cgi-bin/tlo/textframe.cmd?LEG=79&SESS=R&CHAMBER=S&BILLTYPE=B&BILLSUFFIX=00302&VERSION=5&TYPE=B
Title: S.B. 302
Source: http://www.capitol.state.tx.us

CAVetoed 09/2004Postsec.Authorizes the University of California and the California State University to consider culture, race, gender, ethnicity, national origin, geographic origin, and household income, in undergraduate and graduate admissions, so long as no preference is given, if and when the university, campus, college, school or program is attempting to obtain education benefit through the recruitment of multifactored, diverse student body.

Requires the trustees, and requests the regents, to report, in writing, to the Legislature and the Governor by November 1, 2007, on the implementation of the provisions of the bill. Requires the report 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.
http://www.leginfo.ca.gov/pub/bill/asm/ab_2351-2400/ab_2387_bill_20040824_enrolled.html
Veto message: http://www.governor.ca.gov/govsite/pdf/press_release/AB_2373_veto.pdf
Title: A.B. 2387
Source: California Legislative Web site

CADid not pass 10/2002Postsec.October 2003 Special Election. Initiative Constitutional Amendment: Classification by race, ethnicity, color or national origin. Prohibits state and local governments from classifying any person by race, ethnicity, color, or national origin. Various exemptions apply. Fiscal Impact: The measure would not result in a significant fiscal impact on state and local governments. http://www.voterguide.ss.ca.gov/english.pdf and http://vote2003.ss.ca.gov/
Title: Proposition 54
Source: California Secretary of State Web site