ERIC Number: ED400909
Record Type: Non-Journal
Publication Date: 1996
Reference Count: N/A
Preliminary Analysis of the Impact of Proposition 209 on the California Community Colleges.
California Community Colleges, Sacramento. Office of the Chancellor.
On November 5, 1996, California voters approved Proposition 209, which prohibits discrimination against or the granting of preferential treatment to anyone on the basis of race, sex, color, or ethnicity in the operation of public employment, education, or contracting. Regarding the prohibition of discrimination, 209 creates no new restrictions since public agencies in California are already subject to numerous federal and state anti-discrimination laws. Regarding preferential treatment, the state Superior Court has ruled that the bans of 209 are limited and that certain activities that may benefit underrepresented groups, such as outreach programs, fall outside its scope. It also appears that the "preferential treatment" clause of 209 has the same scope as the Equal Protection Clause of the Fourteenth Amendment, which allows preferential programs if a compelling reason, such as remediating past discrimination, is demonstrated. The only real impact of 209, then, would be to outlaw any type of non-remedial preference which might continue to be permissible under equal protection analysis. However, most of the affirmative action programs operated by the community colleges or administered by the Board are mandated by statutes which would continue to apply unless ruled unconstitutional. While 209 may require community college districts to eliminate preferences in locally developed programs, it is recommended that final decisions be held in abeyance pending the outcome of litigation concerning the measure. (HAA)
Publication Type: Information Analyses; Reports - Descriptive
Education Level: N/A
Authoring Institution: California Community Colleges, Sacramento. Office of the Chancellor.
Identifiers - Laws, Policies, & Programs: Proposition 209 (California 1996)