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