Racial Preference in California? Understanding the Shift toward ACA 7
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The Constitutional "Wall"
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 as a more targeted "exception" strategy. Rather than seeking a complete repeal, the current version of ACA 7 (reintroduced in February 2025) would allow the state to bypass equal treatment rules for specific programs it deems "research-based" and "culturally specific." While the original 2023 version was briefly "shelved" due to low polling, the measure was refined and reintroduced to the Assembly.
The K-12 Focus
Significantly, this 2026 version of the bill protects the ban on racial preferences for college admissions to comply with recent U.S. Supreme Court rulings. However, it explicitly opens the door for racial preferences in K-12 schools. This could mean that future decisions regarding student acceleration, specialized school enrollment, and resource allocation in districts like CUSD could once again be influenced by a student's race or ethnicity.
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.
