California just banned legacy preferences in college admissions. It's a growing trend.

Show Caption

California’s Democratic governor approved a new state law on Monday that bars private, nonprofit colleges from using legacy or donor preferences in the admissions process. 

Admissions officers at those schools will no longer be able to consider whether a student’s parents attended or donated money to a university as a factor that could sway their decisions. 

The law, signed by Gov. Gavin Newsom, makes California the second state – after Maryland – to ban legacy admissions at private colleges, according to the National Conference of State Legislatures. Colorado, Virginia and Illinois prohibit the practice at public schools. Maryland’s ban, which Gov. Wes Moore signed in April, applies to both public and private schools. The new California law will impact admissions decisions at some of the nation’s most selective and wealthiest private institutions, including Stanford University and the University of Southern California. 

Officials in these states are part of a growing movement of state lawmakers who have soured on legacy and donor preferences, which colleges have historically incorporated into their strategies to build alumni bases and raise money. Critics say the longstanding process at many campuses unfairly favors white and wealthier applicants. The trend was prompted in part by the Supreme Court’s decision striking down race-conscious admissions, which has already coincided with declines in enrollment of marginalized students at a number of affluent schools.

“In California, everyone should be able to get ahead through merit, skill, and hard work,” Newsom said in a statement. “The California Dream shouldn’t be accessible to just a lucky few, which is why we’re opening the door to higher education wide enough for everyone, fairly.”

While the law makes a clear statement about eliminating privilege, it doesn’t offer strong mechanisms for enforcement. If schools don’t comply with it, they won’t face a financial penalty – a consequence that earlier drafts of the bill included. Instead, they’ll simply be required to publicly disclose the fact that they’re breaking the law.

In a statement to Paste BN, Kristen Soares, the president of the Association of Independent California Colleges and Universities, said the schools her organization represents will "work faithfully" to meet the law's implementation deadline, which is set for September 2025.

“As private institutions, we have been clear that we are uncomfortable with the state dictating admission practices in our institutions, and the precedent it sets," she said. "We have also been clear throughout the discussions on this bill that we welcome the opportunity to help ensure people have confidence in an admission process that is equitable for all."

Which states could ban legacy preferences next? 

As many colleges scrutinize their enrollment data this fall – and some point fingers at the Supreme Court for drops in campus diversity – additional states are pushing legislation like the bill Newsom authorized Monday. Driven by a backlash to the Republican-majority court ruling prohibiting race-conscious admissions, the efforts have been mostly concentrated in more liberal states (though surveys show eliminating legacy preferences has bipartisan support).

The “Fair College Admissions Act,” which is moving through New York's legislature, would prevent both public and private colleges and universities from giving children of alumni preferential admissions treatment. Schools in violation of the proposed law would face fines, according to the bill's text. 

A similar measure is being considered in Massachusetts and was last referred to a legislative committee in April.

Zachary Schermele is an education reporter at Paste BN. You can reach him by email at zschermele@usatoday.com. Follow him on X at @ZachSchermele.