Proposition 209 prohibits the use of race as a factor for
California public schools and has been a point of much contention
since its introduction in the 1990s.
But now a bill is on the floor that, if passed, would bring
race, ethnicity, gender and other such information back into the
picture.
The bill, AB 1452, would allow the University of California and
California State University systems to use and analyze data about
the racial makeup of the student body and work toward reaching out
to all communities, said Alex Traverso, spokesman for Assembly
Speaker Fabian Núñez, D-Sacramento, who presented the
bill.
But in light of Proposition 209, which was passed in 1996 and
prohibits the use of race by public institutions including the
university, there is concern that AB 1452 is illegal.
Opponents say the consideration of race in any way by the public
university systems violates the California Constitution.
But Traverso said the bill would have no effect on the
admissions process and would not give students any preference based
on their race.
The only thing the bill would affect, Traverso said, is to give
the university a means to determine if they are adequately reaching
out to all segments of the California population.
“It doesn’t do anything else other than give a handy
research tool to the school systems,” Traverso said.
And like so much else in regards to higher education, it comes
down to access ““ ensuring that all qualified students are
able to attend university.
Traverso said the research conducted under the new bill would
increase the university’s ability to determine if they are
effectively reaching a diverse group of students and to modify
outreach practices if it is found that they are not.
“It’s a way to ensure that all quality high school
students get an opportunity to go to school,” Traverso
said.
The change, though important, would be small ““ the
information is already being collected, but the bill would allow
the university to study the data and modify their practices if they
deem it necessary.
“We can get that information now,” Traverso
said.
“It’s just a matter of them being able to use that
… to see if (they’re) doing enough to attain a student body
that mirrors society around the school.”
But opponents say a major problem with the bill is that it
provides for the consideration of race, which may be illegal in
California.
“AB 1452 states that race may be a consideration in
admissions to California’s colleges and universities. This
works directly against Proposition 209,” said Craig DeLuz,
spokesman for Assemblyman Tim Leslie, R-Sacramento.
Leslie was the only member of the Higher Education Subcommittee
present for the vote who opposed the bill.
Though the advocates of the bill assure it will not violate
Proposition 209, some opponents are not convinced.
“How do you consider something without giving it
preference?” DeLuz asked.
DeLuz said claiming that the bill did not include preference was
“like saying that a car doesn’t require gas even though
it clearly requires gasoline” ““ simply a
contradiction.
Proposition 209 will likely provide another obstacle, at least
for the University of California, even if AB 1452 passes.
“(AB 1452) would not provide additional flexibility in the
admissions process due to the constraints we face under Proposition
209,” said Ravi Poorsina, a spokeswoman for the UC Office of
the President. “It won’t change anything at
all.”
AB 1452 was passed by the Higher Education Subcommittee on April
5 and is now under review by the appropriations committee for
analysis of the fiscal impact of the bill, which Traverso said will
be small.
The bill will then be passed back to the assembly floor for a
third reading this summer, then reach the governor by the end of
the summer, said Vincent Duffy, a spokesman for
Núñez’s office.
If passed, it would take effect immediately for the incoming
class of fall 2006.
Last year, the governor vetoed a similar bill.