Bates College student Mikayla Ferguson skates around Lake Andrews in January. Russ Dillingham/Sun Journal

Maine could soon prohibit legacy and donor-based admissions at both public and private colleges under a bill discussed Thursday in the Education and Cultural Affairs Committee, although higher education leaders in the state asked that lawmakers leave the decision up to each institution.

The bill, sponsored by Sen. Michael Tipping, D-Penobscot, and co-sponsored by seven other Democrats, would prohibit Maine colleges and universities from considering whether an applicant’s parents attended or donated to that college in their admissions process.

Passage of this bill would make Maine the sixth state to ban legacy admissions; Colorado, Virginia and Illinois prohibit the practice at public universities, while Maryland and California also ban it at private colleges.

All of those laws were passed after the U.S. Supreme Court struck down race-conscious college admissions in 2023. Since then, many institutions and states have looked to eliminate the practice of prioritizing legacy students, which they say favors wealthy and white students. Three-quarters of Americans believe legacy should not be a factor in college admissions, according to a 2022 Pew Research study.

Maine is home to dozens of higher education institutions, including three highly selective liberal arts colleges: Bowdoin, Bates and Colby. All three colleges have said they consider legacy status in some capacity as part of a holistic review process, and a Bates spokesperson said last week that legacy status is a “minor consideration” in the application review process.

The editorial board of the Bowdoin Orient, the college’s student newspaper, has repeatedly called on the school to end the practice. In recent years, some comparable schools like Amherst College in Massachusetts and Wesleyan University in Connecticut have eliminated legacy admissions.

‘MERIT AND HARD WORK’

Tipping presented his bill at a hearing Thursday afternoon, where he quoted Virginia Republican Gov. Glenn Youngkin and California Democratic Gov. Gavin Newsom, both of whom signed legacy ban policies into law.

“It shows the broad understanding across the country, and across all ideologies, that access to the most important opportunity for advancement in life, a college education, should be based on merit and hard work, not money and family connections,” Tipping said.

In response to questions about enforcement, Tipping said his bill does not include any penalties, which is consistent with similar legislation in other states. He said the committee has the option of introducing enforcement measures if they choose.

The Bowdoin Chapel looms in the background of the quad on April 1. Ben McCanna / Portland Press Herald file photo

Under the proposed law, colleges could still collect data from students about whether their parents are alumni or donors, and students would still be able to write about their relationships with those individuals in essays.

Shawn Jimenez, a Bowdoin student and organizer with the national nonprofit Class Action, testified in support of the bill.

“I oppose the unfair advantages that legacy status affords individuals,” Jimenez said. “Being a legacy applicant at a private institution with a selective nature increases your likelihood of admission by up to four times, even when compared to non-legacies with the same test scores and the same grades.” That data comes from an analysis conducted by a Harvard research group in 2023.

Jimenez said other states that have adopted similar laws do have enforcement measures, like California’s system that requires colleges to report their admissions data to the state to show compliance.

HIGHER ED PUSHES BACK

Spokespeople for Bowdoin and Colby either did not respond to requests for comment or declined to comment for this story, and none of the three colleges directly provided testimony on the bill Thursday.

However, Dan Walker, a Preti Flaherty attorney representing the Maine Independent Colleges Association, said the association is categorically opposed to any attempt to legislate admissions policies. MICA represents 11 private colleges in Maine, including Bowdoin, Bates and Colby.

“While most of our schools do not utilize legacy and donor preferences, some schools use these preferences to not only maintain traditions, but to foster a sense of community and continuity with the institution,” Walker said. “These legacy students help build a student body consistent with the institution’s history, mission, values, and culture, which enhances the overall campus experience for all the students. These policies help bond alumni to current and prospective students and institution, making a family-like environment.”

Runners stride through the Colby College campus in April 2023 in Waterville. Rich Abrahamson/Morning Sentinel

Walker said legacy admissions encourage alumni to donate money for scholarships and research, which in turn support low-income students. He said many schools within MICA are having their own internal discussions about moving away from legacy admissions, but asked that the Legislature allow the colleges to make that decision on their own.

Bates affirmed Walker’s testimony in a statement.

“While legacy students represent a small fraction of our entering classes, we support the principle as put forth by (MICA) that the Legislature should not control or influence the admission process, especially for private institutions,” the statement said.

Samantha Warren, spokesperson for the University of Maine System, said no Maine public universities ever give legacy or donor-based admissions preference, but argued the bill would be an overreach.

“Nevertheless, we oppose this bill, because we don’t think it’s appropriate for the Legislature to dictate the conditions of student admissions of any institution in the state, public or private,” Warren said. “Well-intended, to be sure, but giving any political body including this one say over admissions at our institutions undermines the authority of our respective independent governing boards, and the expertise of our enrollment management experts.”