The U.S. Supreme Court has agreed to consider whether a 2006 Michigan referendum to ban public colleges from using race or ethnicity in admissions is constitutional. This is the second affirmative-action case on the court’s docket —the first being Fisher v. University of Texas at Austin (discussed in a previous blog). If the Supreme Court declares the ban, known as Proposition 2, unconstitutional, similar bans in Washington and five other states could also be invalidated.
Inside Higher Ed nicely summed up the difference between the two affirmative action cases: “The Texas case is about the extent to which public colleges and universities may consider race and ethnicity in admissions, while the Michigan case is about the extent to which voters can bar such consideration.”
The Supreme Court accepted the Michigan case, Schuette v. Coalition to Defend Affirmative Action, after the state’s attorney general, Bill Schuette, appealed a November ruling by the U.S. Court of Appeals for the Sixth Circuit. The appeals court struck down Proposition 2 in an 8-7 vote, on the grounds that it “undermines the Equal Protection Clause’s guarantee that all citizens ought to have equal access to the tools of political change.” Under Proposition 2, minority citizens who want public university admissions to consider race must launch a burdensome ballot campaign, whereas groups seeking other university policy changes are free to simply lobby.
Schuette argues that Michigan’s measure and the Equal Protection Clause both protect a fair political process, whereas “preferential treatment based on race (which necessarily means discrimination against other races)… focuses entirely on achieving a particular outcome (here, an admissions outcome), even at the expense of making the process discriminatory.” Michigan’s measure, he says, “does not endorse race-based policies; just the opposite, it stops discrimination based on race.”
The Supreme Court will hear the Michigan case in its term starting in October. Its ruling in the Texas case is expected this spring or summer, but could occur at any time.
On Wednesday, March 20, the Washington State Economic & Revenue Forecast Council (ERFC) released its quarterly update of State General Fund Revenues. Revenue from an anticipated increase in Washington housing permits and real estate excise tax receipts is expected to offset higher federal tax rates and spending cuts than were previously assumed. Overall, revenue projections for both the 2011-13 and 2013-15 biennia remain relatively stable, with a slight net gain of about $40 million across the two biennia. However, this net gain is negated by the roughly $300 million in additional Medicaid caseload costs. The state and its lawmakers now face a $1.3 billion deficit along with court-mandated funding for K-12 education, which could cost another $1 billion. Their upcoming budget proposals will have to reconcile these demands on the state purse.
We anticipate that the Senate Majority Caucus Coalition will release its operating budget proposal sometime next week, while the House will likely release its budget by early next month. Until that time, any specific impact on the UW cannot be assessed. Please see the full OPB brief for more information.
Legislation was introduced in the California Senate on Wednesday that would require the state’s 145 public colleges and universities to grant credit for faculty-approved online courses taken by students unable to register for overenrolled, on-campus classes. If the bill passes and is signed into law by Gov. Jerry Brown (who has been a strong supporter of online education), online courses could go mainstream much more quickly than predicted. At the moment, however, Senate Bill 520 is just a two-page legislative placeholder, or “spot bill,” to be amended with details later.
According to Inside Higher Ed, the bill’s sponsor, Democrat State Senate President Pro Tem Darrell Steinberg, said the bill is meant to “break the bottleneck that prevents students from completing courses.” In Fall 2012, more than 472,000 of the 2.4 million students in the California Community Colleges system were put on waiting lists and at the California State University system, only 16 percent of students graduate within four years. Theoretically, increasing capacity to meet student demand for key, gateway courses could improve on-time graduation rates and more efficiently use state funds. The debate, of course, is whether online courses are actually effective and thus appropriate substitutes for traditional courses.
Under the proposed legislation, a nine-member faculty council representing the state’s three public higher ed systems would determine which 50 introductory courses are most oversubscribed and which online equivalents should be eligible for credit. When reviewing online courses, the panel is to consider whether a course:
- Offers instructional support to promote retention;
- Provides interaction between instructors and students;
- Contains proctored exams and assessment tools;
- Uses open-source text books; and
- Includes content recommended by the American Council on Education.
MOOCs provided by Udacity and Coursera, as well as low-cost, self-paced courses from StraighterLine could all be up for consideration—several of which have already gained ACE approval.
Senator Steinberg emphasized at a news conference that the legislation “does not represent a shift in funding priority” for higher education in California, and is not intended to introduce “a substitution for campus-based instruction.” Nevertheless, for the many faculty and university administrators concerned about SB 520’s consequences, the devil may be in the yet-to-be-determined details. We’ll keep you apprised as those details are fleshed out.
Sequestration will take effect tonight at midnight. While the cuts will be smaller than originally mandated ($85 billion instead of $109 billion), the impact in federal FY13 will be higher since the cuts must now be applied to only seven months instead of nine. Immediate and long-term impacts on the UW and Washington State are difficult to predict. However, during the remaining months of federal FY13, we estimate that the sequester could reduce the UW’s federal grant and contract support by an estimated $75 million to $100 million and cut Build America Bonds (BABs) subsidy payments by $500K to $700K. Additionally, the UW is projected to lose about $33,000 in work study funds for 2013-14. The potential impact on Washington State includes $11.6 million less for primary and secondary education, $11.3 million less for education of children with disabilities, and 1,000 fewer children receiving Head Start services.
Please see the full brief prepared by the Offices of Federal Relations, Planning & Budgeting, and Research and be sure to visit at the UW’s Federal Relations blog for regular updates.