District Of Columbia 2025-2026 Regular Session

District Of Columbia Council Bill B26-0218 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	District of Columbia State Board of Education
2	2	441 4
3	3	th
4	4	Street NW, Suites 530S & 723N \| Washington, DC 20001
5	5	(202) 741-0888 \| sboe.dc.gov \| sboe@dc.gov \| @DCSBOE
6	6
7	7
8	8	April 2, 2025
9	9	The Honorable Phil Mendelson,
10	10	Chairman
11	11	Council of the District of Columbia
12	12	John A. Wilson Building
13	13	1350 Pennsylvania Avenue, NW, Suite 504
14	14	Washington, DC 20004
15	15	Dear Chairman Mendelson:
16	16	The “Furthering Admissions Inclusion and Representation (FAIR) Act of 2025” is enclosed for
17	17	consideration and enactment by the Council of the District of Columbia.
18	18
19	19	The State Board of Education approved this proposed bill for transmittal to the District of
20	20	Columbia Council by a vote of 8-1 on February 19, 2025.
21	21
22	22	The D.C. State Board of Education believes that the D.C. Council should take up this legislation
23	23	to dissuade higher education institutions from utilizing a donor or legacy preference in
24	24	admissions and to prohibit the Mayor from issuing or reissuing a license, permit, award for a
25	25	government-issued project, contract, or a grant to a higher education institution if it administers
26	26	a legacy or donor preference in admissions. The FAIR Act requires higher education institutions
27	27	to submit, on an annual basis, a report of District residents and graduates of local education
28	28	agencies who applied, were admitted, and enrolled in a higher education institution in the
29	29	District.
30	30
31	31	If you or your staff have any questions about this legislation, please contact me at (202) 741-
32	32	0888 or bernice.butler@dc.gov.
33	33
34	34	On behalf of the State Board of Education, I respectfully request that the Council take prompt and
35	35	favorable action on the enclosed legislation.
36	36
37	37	Sincerely,
38	38
39	39
40	40	Bernice D. Butler
41	41	Executive Director 1
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75	75	airman Phil Mendelson
76	76	at the request
77	77	of the State Board of Education
78	78	A BILL
79	79	IN THE COUNCIL OF THE DISTRICT OF COLUMBIA
80	80	To dissuade a higher education institution from utilizing a donor or legacy preference in
81	81	admissions; to prohibit the Mayor from issuing or reissuing a license, permit, award for a
82	82	government-issued project, contract, or a grant
83	83	to a higher education institution if it
84	84	administers a legacy or donor preference in admissions; and to require a higher education
85	85	institution
86	86	to submit, on an annual basis, a report of District residents and graduates of a
87	87	local education agency that applied, were admitted, and enrolled into a higher education
88	88	institution in the District.
89	89	BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this
90	90	act may be cited as "Furthering Admissions Inclusion and Representation (FAIR) Act
91	91	of 2025".
92	92	TITLE
93	93	I. DONOR AND LEGACY PREFERENCES IN HIGHER EDUCATION
94	94	ADMISSIONS.
95	95	Sec. 101. Definitions.
96	96	For the purposes
97	97	of this act, the term:
98	98	(1) "Donor preference in admissions" means considering an applicant's relation
99	99	to
100	100	a donor of, or a donation to, the higher education institution as a factor in the admissions process,
101	101	including asking an applicant
102	102	to indicate their family's donor status and including that information
103	103	among the documents that the higher education institution uses
104	104	to consider an applicant for
105	105	admission. 2
106	106
107	107	(2) “Higher Education Institution” means a college or university located in the 35
108	108	District of Columbia providing higher education leading to the award of a diploma, degree, or the 36
109	109	equivalent thereof. 37
110	110	(3)(A) “Legacy preference in admissions” means considering an applicant’s 38
111	111	relation to an alumni of the higher education institution as a factor in the admissions process, 39
112	112	including asking an applicant to indicate where their relatives attended college and including that 40
113	113	information among the documents that the higher education institution uses to consider an 41
114	114	applicant for admission. 42
115	115	(B) “Legacy preference in admissions” does not include collecting data on 43
116	116	an applicant’s relation to an alumni or donors for purposes other than admissions decisions. 44
117	117	(4) “Local education agency” means the District of Columbia Public Schools 45
118	118	system or any individual or group of public charter schools operating under a single charter. 46
119	119	Sec. 102. Limitations on Higher Education Institutions with Legacy and Donor 47
120	120	Preferences in Admissions. 48
121	121	(a) Higher education institutions that offer a legacy or donor preference in admissions 49
122	122	shall be prohibited from being any entities as described in subsection (d) of this section, except 50
123	123	in scenarios as provided in subsection (b) of this section. 51
124	124	(b)(1) The higher education institution may waive such admission limits, as described in 52
125	125	section (4)(a) of this section, for applicants who are descendants of people enslaved for the 53
126	126	benefit of that higher education institution if the higher education institution provides preferential 54
127	127	treatment in the admission process for those applicants who are actual descendants of people 55
128	128	enslaved for the benefit of that higher education institution. 56 3
129	129
130	130	(2)(A) A higher education institution shall be exempt from the provisions of this 57
131	131	section if it submits records to the Mayor documenting that 30% of the institution’s student body 58
132	132	receives Federal Pell Grants. 59
133	133	(B) The Mayor shall create a process for an institution to submit records 60
134	134	documenting that it has met the requirements of sub-paragraph (A) of this paragraph. 61
135	135	(c) The Mayor shall not issue or reissue a license or permit or award a government-62
136	136	assisted project, contract, or grant requested by a higher education institution if the applicant 63
137	137	administers a legacy or donor preference in admissions. 64
138	138	(d) Higher education institutions that offer legacy or donor preferences in admission are 65
139	139	prohibited from being the following entities: 66
140	140	(1) The signatory to a contract or grant executed by the Mayor which involves any 67
141	141	District of Columbia government funds, or funds which, in accordance with a federal grant or 68
142	142	otherwise, the District government administers; and 69
143	143	(2) A recipient of a District government economic development action including 70
144	144	contracts, grants, loans, tax abatements, land transfers for redevelopment, or tax increment 71
145	145	financing that results in a financial benefit from an agency, commission, instrumentality, or other 72
146	146	entity of the District government. 73
147	147	TITLE II. REPORTING REQUIREMENTS. 74
148	148	Sec. 201. Section 202(b-1) of the Department of Education Establishment Act of 2007, 75
149	149	effective June 12, 2007 (D.C. Law 17-9; D.C. Official Code § 38-191), is amended as follows: 76
150	150	(1) Subsection (3)(A) is amended by adding a new subsection (vi) to read as 77
151	151	follows: 78 4
152	152
153	153	“(vi) Data on where students graduated from high school and their home 79
154	154	jurisdiction.”. 80
155	155	(2) A new subsection (4) is added to read as follows: 81
156	156	“(4)(A) Higher education institutions in the District shall submit, on an annual 82
157	157	basis to the Deputy Mayor for Education for the purposes of including in a centralized data 83
158	158	system, a report disaggregated by race or ethnicity, gender or non-binary from the previous five 84
159	159	academic years that includes the following information: 85
160	160	“(i) The number of first-time, full-time District residents who 86
161	161	applied, were admitted, enrolled, recipient of a Federal Pell Grant, recipient of a subsidized 87
162	162	Stafford loan who did not receive a Pell grant, received neither a Pell Grant or a subsidized 88
163	163	Stafford Loan, first generation, enrolled with credits, program of study, received remedial 89
164	164	academic supports, and received a certificate, diploma, degree, or the equivalent thereof within 90
165	165	five years; 91
166	166	“(ii) The number of first-time, full-time graduates from a local 92
167	167	education agency that applied, were admitted, enrolled, recipient of a Federal Pell Grant, 93
168	168	recipient of a subsidized Stafford loan who did not receive a Pell grant, received neither a Pell 94
169	169	Grant or a subsidized Stafford Loan, first generation, enrolled with credits, program of study, 95
170	170	received remedial academic supports, and received a certificate, diploma, degree, or the 96
171	171	equivalent thereof within five years; 97
172	172	“(iii) The number of Pell Grant-eligible students who applied, 98
173	173	were admitted, and enrolled; 99 5
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175	175	“(iv) The number of first-time, full-time District residents that 100
176	176	applied, were admitted, and enrolled; and 101
177	177	“(v) The number of first-time, full-time non-District residents that 102
178	178	applied, were admitted, and enrolled.”. 103
179	179	(B) Data in the report submitted pursuant to clause (i) shall only be 104
180	180	publicly provided in the aggregate and in a manner that prevents the identification of any 105
181	181	individual. 106
182	182	(3) A new subsection (5) is added to read as follows: 107
183	183	“(5) Higher education institutions in the District shall submit, on an annual basis, 108
184	184	to the Deputy Mayor for Education for the purposes of including in a centralized data system, a 109
185	185	report from the previous five academic years that includes the following information: 110
186	186	“(A) A list of high schools that the higher education institution recruits 111
187	187	from for admission as first-year students; 112
188	188	“(B) An accounting of the value of the institutions' tax exemption in the 113
189	189	District; and 114
190	190	“(C) A listing of all public contracts and grants the institution receives 115
191	191	from the District or Federal Governments.”. 116
192	192	TITLE III. APPLICABILITY; FISCAL IMPACT STATEMENT; EFFECTIVE DATE. 117
193	193	Sec. 301. Applicability. 118
194	194	This Act shall apply on the second occurrence of August 1 after the effective date of the 119
195	195	Act. 120
196	196	Sec. 302. Fiscal impact statement. 121 6
197	197
198	198	The Council adopts the fiscal impact statement in the committee report as the fiscal 122
199	199	impact statement required by section 4a of the General Legislative Procedures Act of 1975, 123
200	200	approved October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-301.47a). 124
201	201	Sec. 303. Effective date. 125
202	202	This act shall take effect following approval by the Mayor (or in the event of veto by the 126
203	203	Mayor, action by the Council to override the veto), a 30-day period of congressional review as 127
204	204	provided in section 602(c)(1) of the District of Columbia Home Rule Act, approved December 128
205	205	24, 1973 (87 Stat. 813; D.C. Official Code § 1-206.02(c)(1)), and publication in the District of 129
206	206	Columbia Register. 130