For three decades, Proposition 209 has served as a constitutional "wall" in California. Passed by voters in 1996, it prevents school districts and government agencies from using race, gender, or ethnicity as a factor in admissions, hiring, or program placement. In 2020, California voters reaffirmed this principle by defeating Proposition 16, which sought a total repeal of those protections.

From Prop 16 to ACA 7

Following the defeat of Prop 16, proponents introduced ACA 7 with a more surgical approach. Unlike previous attempts at a total repeal, the current version (passed by the Assembly in February 2026) seeks to narrow the scope of the state’s equal treatment rules. It proposes to delete "public education" from the constitutional list of areas where racial and gender preferences are prohibited. While the bill adds a specific ban for "higher education admissions" to comply with U.S. Supreme Court rulings, it removes constitutional protection for the rest of the education system.

The K-12 and Resource Focus

By removing the broad "public education" category, ACA 7 effectively eliminates the equal treatment mandate for K-12 schools and university-level resource allocation (such as grants and specialized funding). This shift would grant school districts like CUSD the authority to once again use race, gender, or ethnicity as a factor in student acceleration, specialized enrollment, and the distribution of educational resources. This version ensures that while college admissions remain colorblind, the "pipeline" leading up to them—and the resources within them—can be legally managed through racial preferences.

Next Steps and Local Representation

The Assembly passed ACA 7 on February 19, 2026. Patrick Ahrens and Marc Berman, the Assemblymembers who represent the CUSD area, both voted "Yes" on the measure. The bill is now in the State Senate. Because it is a Constitutional Amendment, your State Senators (Josh Becker, Dave Cortese, and Aisha Wahab) will have the final say on whether this reaches your ballot for voter approval this November.