(a)It is the intent of the Legislature to stop the practice of legacy and donor admissions and protect students as they pursue their higher education.
(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, 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” means a nonpublic higher education institution that grants undergraduate degrees, graduate degrees, or both, that
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(a)
It is the intent of the Legislature to stop the practice of legacy and donor admissions and protect students as they pursue their higher education.
(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, 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” means a nonpublic higher education institution that grants undergraduate degrees, graduate degrees, or both, that is formed as a nonprofit corporation in this state, that is accredited by an agency recognized by the United States Department of Education, and that receives, or benefits from, state-funded student financial assistance or that enrolls students who receive state-funded student financial assistance.
(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)
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)
On or before June 30, 2026, and annually thereafter, an independent institution of higher education shall report to the Legislature and the Department of Justice, in compliance with Section 9795 of the Government Code, 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)
(i)
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 that academic year:
(I)
The legacy status, donor status, race, county of residence, income brackets, and athletic status of newly enrolled students at the independent institution of higher education.
(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.
(ii)
Data in the report submitted pursuant to clause (i) shall only be publicly provided in the aggregate and in a manner that prevents the identification of any individual.
(e)
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 (d).