AB 1641: Postsecondary education: segments: tribal colleges and universities.
- Session Year: 2025-2026
- House: Assembly
- Latest Version Date: 2026-09-25
Current Status:
Passed
(2026-09-25: Chaptered by Secretary of State - Chapter 452, Statutes of 2026.)
Introduced
In Committee
Awaiting First Chamber Vote
Passed First Chamber
In Committee
Awaiting Second Chamber Vote
Passed Second Chamber
Enacted
Existing law establishes the California Community Colleges, the California State University, the University of California, independent institutions of higher education, and private postsecondary educational institutions as the segments of postsecondary education in the state. The missions and functions of these segments are set forth in the Donahoe Higher Education Act.
This bill would provide that public higher education additionally consists of tribal colleges and universities geographically located in California that are operated by an Indian tribal government, as defined.
Existing law establishes the California Community Colleges, the California State University, the University of California, independent institutions of higher education, and private postsecondary educational institutions as the segments of postsecondary education in the state. The missions and functions of these segments are set forth in the Donahoe Higher Education Act.
This bill would provide that public higher education additionally consists of tribal colleges and universities geographically located in California that are operated by an Indian tribal government, as defined.
Existing law establishes the California Community Colleges, the California State University, the University of California, independent institutions of higher education, and private postsecondary educational institutions as the segments of postsecondary education in the state. The missions and functions of these segments are set forth in the Donahoe Higher Education Act.
This bill would provide that public higher education additionally consists of tribal colleges and universities geographically located in California that are operated by an Indian tribal government, as defined.
Existing law establishes the California Community Colleges, the California State University, the University of California, independent institutions of higher education, and private postsecondary educational institutions as the segments of postsecondary education in the state. The missions and functions of these segments are set forth in the Donahoe Higher Education Act.
This bill would provide that public higher education additionally consists of tribal colleges and universities geographically located in California that are operated by an Indian tribal government, as defined.
(a)Public higher education consists of (1) the California Community Colleges, (2) the California State University, and each campus, branch, and function thereof, (3) each campus, branch, and function of the University of California, and (4) tribal colleges and universities geographically located in California that are operated by an Indian tribal government, as defined in Section 7701(a)(40) of Title 26 of the United States Code.
(b)(1)Except as provided in paragraph (2), as used in this part, independent institutions of higher education are those nonpublic higher education institutions that grant undergraduate degrees, graduate degrees, or both, and that are formed as nonprofit corporations in this state and accredited by an agency recognized by the United States Department of Education.
(2)For purposes of any code or statute, a national or regional accrediting agency recognized by the United States Department of Education as of January 1, 2025, shall retain that recognition until July 1, 2029, provided that the accrediting agency continues to operate in substantially the same manner as it did on January 1, 2025.
(c)No provision of this part is intended to regulate, subsidize, or intrude upon private education, including, but not limited to, independent educational institutions and religious schools, nor to vary existing state law or state constitutional provisions relating to private education.
(d)This section shall remain in effect only until January 1, 2030, and as of that date is repealed.
SEC. 2.Section 66010 of the Education Code, as added by Section 3 of Chapter 425 of the Statutes of 2025, is amended to read:66010.(a)Public higher education consists of (1) the California Community Colleges, (2) the California State University, and each campus, branch, and function thereof, (3) each campus, branch, and function of the University of California, and (4) tribal colleges and universities geographically located in California that are operated by an Indian tribal government, as defined in Section 7701(a)(40) of Title 26 of the United States Code.
(b)As used in this part, independent institutions of higher education are those nonpublic higher education institutions that grant undergraduate degrees, graduate degrees, or both, and that are formed as nonprofit corporations in this state and accredited by an agency recognized by the United States Department of Education.
(c)No provision of this part is intended to regulate, subsidize, or intrude upon private education, including, but not limited to, independent educational institutions and religious schools, nor to vary existing state law or state constitutional provisions relating to private education.
(d)This section shall become operative on January 1, 2030.
(a)Public higher education consists of (1) the California Community Colleges, (2) the California State University, and each campus, branch, and function thereof, (3) each campus, branch, and function of the University of California, and (4) tribal colleges and universities geographically located in California that are operated by an Indian tribal government, as defined in Section 7701(a)(40) of Title 26 of the United States Code.
(b)(1)Except as provided in paragraph (2), as used in this part, independent institutions of higher education are those nonpublic higher education institutions that grant undergraduate degrees, graduate degrees, or both, and that are formed as nonprofit corporations in this state and accredited by an agency recognized by the United States Department of Education.
(2)For purposes of any code or statute, a national or regional accrediting agency recognized by the United States Department of Education as of January 1, 2025, shall retain that recognition until July 1, 2029, provided that the accrediting agency continues to operate in substantially the same manner as it did on January 1, 2025.
(c)No provision of this part is intended to regulate, subsidize, or intrude upon private education, including, but not limited to, independent educational institutions and religious schools, nor to vary existing state law or state constitutional provisions relating to private education.
(d)This section shall remain in effect only until January 1, 2030, and as of that date is repealed.
SEC. 2.Section 66010 of the Education Code, as added by Section 3 of Chapter 425 of the Statutes of 2025, is amended to read:66010.(a)Public higher education consists of (1) the California Community Colleges, (2) the California State University, and each campus, branch, and function thereof, (3) each campus, branch, and function of the University of California, and (4) tribal colleges and universities geographically located in California that are operated by an Indian tribal government, as defined in Section 7701(a)(40) of Title 26 of the United States Code.
(b)As used in this part, independent institutions of higher education are those nonpublic higher education institutions that grant undergraduate degrees, graduate degrees, or both, and that are formed as nonprofit corporations in this state and accredited by an agency recognized by the United States Department of Education.
(c)No provision of this part is intended to regulate, subsidize, or intrude upon private education, including, but not limited to, independent educational institutions and religious schools, nor to vary existing state law or state constitutional provisions relating to private education.
(d)This section shall become operative on January 1, 2030.
(a)Public higher education consists of (1) the California Community Colleges, (2) the California State University, and each campus, branch, and function thereof, (3) each campus, branch, and function of the University of California, and (4) tribal colleges and universities geographically located in California that are operated by an Indian tribal government, as defined in Section 7701(a)(40) of Title 26 of the United States Code.
(b)(1)Except as provided in paragraph (2), as used in this part, independent institutions of higher education are those nonpublic higher education institutions that grant undergraduate degrees, graduate degrees, or both, and that are formed as nonprofit corporations in this state and are accredited by an agency recognized by the United States Department of Education.
(2)For purposes of any code or statute, a national or regional accrediting agency recognized by the United States Department of Education as of January 1, 2025, shall retain that recognition until July 1, 2029, provided that the accrediting agency continues to operate in substantially the same manner as it did on January 1, 2025.
(c)No provision of this part is intended to regulate, subsidize, or intrude upon private education, including, but not limited to, independent educational institutions and religious schools, nor to vary existing state law or state constitutional provisions relating to private education.
(d)This section shall remain in effect only until January 1, 2030, and as of that date is repealed.
SEC. 2.Section 66010 of the Education Code, as added by Section 3 of Chapter 425 of the Statutes of 2025, is amended to read:66010.(a)Public higher education consists of (1) the California Community Colleges, (2) the California State University, and each campus, branch, and function thereof,(3) each campus, branch, and function of the University of California, and (4) tribal colleges and universities geographically located in California that are operated by an Indian tribal government, as defined in Section 7701(a)(40) of Title 26 of the United States Code.
(b)As used in this part, independent institutions of higher education are those nonpublic higher education institutions that grant undergraduate degrees, graduate degrees, or both, and that are formed as nonprofit corporations in this state and are accredited by an agency recognized by the United States Department of Education.
(c)No provision of this part is intended to regulate, subsidize, or intrude upon private education, including, but not limited to, independent educational institutions and religious schools, nor to vary existing state law or state constitutional provisions relating to private education.
(d)This section shall become operative on January 1, 2030.
(a)Public higher education consists of (1) the California Community Colleges, (2) the California State University, and each campus, branch, and function thereof, and (3) each campus, branch, and function of the University of California. California, and (4) tribal colleges and universities geographically located in California that are operated by an Indian tribal government, as defined in Section 7701(a)(40) of Title 26 of the United States Code.
(b)(1)Except as provided in paragraph (2), as used in this part, independent institutions of higher education are those nonpublic higher education institutions that grant undergraduate degrees, graduate degrees, or both, and that are formed as nonprofit corporations in this state and are accredited by an agency recognized by the United States Department of Education.
(2)For purposes of any code or statute, a national or regional accrediting agency recognized by the United States Department of Education as of January 1, 2025, shall retain that recognition until July 1, 2029, provided that the accrediting agency continues to operate in substantially the same manner as it did on January 1, 2025.
(c)No provision of this part is intended to regulate, subsidize, or intrude upon private education, including, but not limited to, independent educational institutions and religious schools, nor to vary existing state law or state constitutional provisions relating to private education.
(d)This section shall remain in effect only until January 1, 2030, and as of that date is repealed.
SEC. 2.Section 66010 of the Education Code, as added by Section 3 of Chapter 425 of the Statutes of 2025, is amended to read:66010.(a)Public higher education consists of (1) the California Community Colleges, (2) the California State University, and each campus, branch, and function thereof, and (3) each campus, branch, and function of the University of California. California, and (4) tribal colleges and universities geographically located in California that are operated by an Indian tribal government, as defined in Section 7701(a)(40) of Title 26 of the United States Code.
(b)As used in this part, independent institutions of higher education are those nonpublic higher education institutions that grant undergraduate degrees, graduate degrees, or both, and that are formed as nonprofit corporations in this state and are accredited by an agency recognized by the United States Department of Education.
(c)No provision of this part is intended to regulate, subsidize, or intrude upon private education, including, but not limited to, independent educational institutions and religious schools, nor to vary existing state law or state constitutional provisions relating to private education.
(d)This section shall become operative on January 1, 2030.
|
Date
|
Status
|
|---|---|
| Sep 25, 2026 | Chaptered by Secretary of State - Chapter 452, Statutes of 2026. |
| Sep 25, 2026 | Approved by the Governor. |
| Sep 4, 2026 | Enrolled and presented to the Governor at 4 p.m. |
| Aug 27, 2026 | Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 78. Noes 0.). |
| Aug 27, 2026 | Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 78. Noes 0. Page 6686.). |
| Aug 27, 2026 | In Assembly. Concurrence in Senate amendments pending. |
| Aug 26, 2026 | Read third time. Passed. Ordered to the Assembly. (Ayes 39. Noes 0.). |
| Aug 13, 2026 | Read second time. Ordered to third reading. |
| Aug 13, 2026 | From committee: Do pass. (Ayes 7. Noes 0.) (August 13). |
| Jun 15, 2026 | In committee: Referred to APPR. suspense file. |
| Jun 15, 2026 | In committee: Referred to suspense file. |
| Jun 4, 2026 | From committee: Do pass and re-refer to Com. on APPR. (Ayes 7. Noes 0.) (June 3). Re-referred to Com. on APPR. |
| May 19, 2026 | From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on ED. |
| May 13, 2026 | Referred to Com. on ED. |
| May 5, 2026 | In Senate. Read first time. To Com. on RLS. for assignment. |
| May 4, 2026 | Read third time. Passed. Ordered to the Senate. (Ayes 76. Noes 0.) |
| May 4, 2026 | Read third time. Passed. Ordered to the Senate. (Ayes 76. Noes 0. Page 4913.) |
| May 4, 2026 | Read third time. Passed. Ordered to the Senate. |
| Apr 30, 2026 | Read second time. Ordered to third reading. |
| Apr 29, 2026 | From committee: Do pass. (Ayes 14. Noes 0.) (April 29). |
| Apr 15, 2026 | From committee: Do pass and re-refer to Com. on APPR. (Ayes 9. Noes 0.) (April 14). Re-referred to Com. on APPR. |
| Feb 9, 2026 | Referred to Com. on HIGHER ED. |
| Jan 28, 2026 | From printer. May be heard in committee February 27. |
| Jan 27, 2026 | Read first time. To print. |
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Date
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Description
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Location
|
Votes
|
|
|---|---|---|---|---|
| Aug 27, 2026 | AB 1641 Jackson Concurrence in Senate Amendments | Assembly Floor |
Passed |
|
| Aug 26, 2026 | Assembly 3rd Reading AB1641 Jackson et al. By Cervantes | Senate Floor |
Passed |
|
| Aug 13, 2026 | Do pass | Senate Standing Committee on Appropriations |
Passed |
|
| Jun 15, 2026 | Placed on suspense file | Senate Standing Committee on Appropriations |
Passed |
|
| Jun 3, 2026 | Do pass, but first be re-referred to the Committee on [Appropriations] | Senate Standing Committee on Education |
Passed |
|
| May 4, 2026 | AB 1641 Jackson Assembly Third Reading | Assembly Floor |
Passed |
|
| Apr 29, 2026 | Do pass. | Assembly Standing Committee on Appropriations |
Passed |
|
| Apr 14, 2026 | Do pass and be re-referred to the Committee on [Appropriations] | Assembly Standing Committee on Higher Education |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
|
Organization
|
Position
|
Date
|
|---|---|---|
| Agua Caliente Band Of Cahuilla Indians | ** Support | |
| cahuilla band of indians | ** Support | |
| California Indian Nations College | ** Support | |
| California Indians Nations College (CINC) | ** Support | |
| California State University, Office Of The Chancellor | ** Support | |
| Campaign For College Opportunity | ** Support | |
| City of Riverside | ** Support | |
| EdTrust-West | ** Support | |
| Habematolel Pomo Of Upper Lake | ** Support | |
| Southwestern Community College District | ** Support | |
| University of California | ** Support | |
| Wilton Rancheria | ** Support |
CONCURRENCE IN SENATE AMENDMENTS
CSA1 Bill Id:AB 1641
Author:(Jackson and Ramos)
As Amended Ver:May 19, 2026
Majority vote
SUMMARY
Expands the statutory definition of public higher education to include tribal colleges and universities (TCUs) located in California and operated by an Indian tribal government, placing TCUs within the same statutory category as California Community Colleges (CCC), the California State University (CSU), and the University of California (UC).
Senate Amendments
- Add co-authors.
- Make a minor and technical change.
COMMENTS
This measure seeks to formally recognize tribal colleges and universities as part of California's public higher education system, reflecting their role in serving Native American students and communities.
What are TCUs? According to California Indian Nations College (CINC), the sponsors of this measure, tribal colleges and universities are part of the treaty and trust responsibilities between the government and tribes. TCUs provide culturally relevant education and serve populations historically underrepresented in higher education.
Further, according to CINC, "tribal colleges and universities do not fit into any of the segments of higher education listed in California Education Code Section 66010. They are not part of the University of California, California State University, nor the California Community College system. As TCUs are public institutions, not private, they are not part of the Independent California Colleges and Universities segment."
Additionally, data provided by CINC shows California has one-fifth of all federally recognized tribes and 1.4 million people who identify as American Indian or Alaska Native, the largest overall population of any state. Native American students who attend a TCU before attending a mainstream four-year institution are four times more likely to earn their bachelors degree compared to their peers who enroll directly in a mainstream four-year institution.
California currently is home to three TCUs:
1) CINC;
2) California Tribal College; and,
- Kumeyaay Community College.
Native American Population in California. According to the Senate Committee on Education’s analysis, “California has the largest Native American population in the nation, with approximately 330,000 Californians enrolled in federally recognized tribes, and that California is home to 109 federally recognized tribes roughly 20% of federally recognized tribes nationwide.”
Structural policy change. This measure represents a symbolic and structural expansion of the State's higher education framework by adding a fourth category of public higher education institutions alongside the CCC, CSU, and UC. While it seeks to expand the framework, it does not modify governance structures, funding formulas, or constitutional authority of existing segments; and, TCUs remain tribally governed institutions.
This measure appears to complement State priorities for transfer pathway expansions by acknowledging TCUs within the broader higher education ecosystem, potentially facilitating future policy alignment.
According to the Author
According to the author, "existing law excludes TCUs as a segment of postsecondary education in California despite serving the public, receiving public funds, and having a treaty and trust responsibilities. This deficiency overlooks an already historically underrepresented group, leaving them out of important discussions and long-term planning regarding public higher education in California."
Further, the author states that, "California's tribal colleges and universities deserve to be recognized for their vital role in uplifting Native American students. These institutions serve as centers of identity, resilience, and opportunity that empower a historically underrepresented group to access and thrive in higher education. By including them in the Education Code, we affirm their importance within the state and lay the foundation for long-term planning that acknowledges the essential role these institutions will continue to play in California's higher education landscape."
Arguments in Support
According to the Cahuilla Band of Indians, "AB 1641 directly recognizes and acknowledges TCUs in the higher education landscape, ensuring these institutions are included in coordinated planning and long-term higher education policy discussions. This bill expands access to culturally responsive higher education and improves degree completion outcomes for Native American students, while supporting tribal sovereignty and self-determination in higher education."
Further, the Cahuilla Band of Indians states that, "we must strive to reach educational equity and closing structural gaps in our state systems by ensuring all Californians can succeed. Tribal Colleges and Universities, such as California Indian Nations College, support our community by providing meaningful and culturally relevant educational support that is directly tied to our tribal members' educational success."
Arguments in Opposition
None on file.
FISCAL COMMENTS
According to the Senate Committee on Appropriations, the UC, CSU, and the CCC Chancellor’s Office indicate that the bill would not result in additional costs to the segments. The TCUs would remain tribally governed institutions and separate from the segments’ existing governance structures and funding formulas. However, staff notes that the placement of TCUs in the Donahoe Higher Education Act and its establishment as a fourth segment of higher education could potentially lead to additional General Fund cost pressures, such as providing General Fund support and unrestricted base increases, similar to what is currently provided to UC and CSU. These examples would require future legislative or budgetary action.
VOTES:
ASM HIGHER EDUCATION: 9-0-1
YES: Fong, DeMaio, Boerner, Jeff Gonzalez, Jackson, Muratsuchi, Patel, Sharp-Collins, Tangipa
ABS, ABST OR NV: Celeste Rodriguez
ASM APPROPRIATIONS: 14-0-1
YES: Wicks, Hoover, Arambula, Calderon, Caloza, Dixon, Fong, Mark González, Krell, Pacheco, Pellerin, Solache, Ta, Tangipa
ABS, ABST OR NV: Muratsuchi
ASSEMBLY FLOOR: 76-0-4
YES: Addis, Aguiar-Curry, Ahrens, Alanis, Alvarez, Ávila Farías, Bains, Bauer-Kahan, Berman, Boerner, Bonta, Bryan, Calderon, Carrillo, Castillo, Connolly, Davies, DeMaio, Dixon, Elhawary, Ellis, Flora, Fong, Gabriel, Gallagher, Garcia, Gipson, Jeff Gonzalez, Mark González, Hadwick, Haney, Harabedian, Hart, Hoover, Irwin, Jackson, Johnson, Kalra, Krell, Lackey, Lee, Lowenthal, Macedo, McKinnor, Muratsuchi, Nguyen, Ortega, Pacheco, Papan, Patel, Patterson, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Ransom, Celeste Rodriguez, Michelle Rodriguez, Rogers, Blanca Rubio, Sanchez, Schiavo, Schultz, Sharp-Collins, Solache, Soria, Stefani, Ta, Tangipa, Valencia, Wallis, Ward, Wicks, Wilson, Zbur, Rivas
ABS, ABST OR NV: Arambula, Bennett, Caloza, Chen
UPDATED
VERSION: May 19, 2026
CONSULTANT: Jeanice Warden / HIGHER ED. / (916) 319-3960 FN: 0004322
164SENATE RULES COMMITTEE Office of Senate Floor Analyses (916) 651-4171 | AB 1641 |
THIRD READING
Bill No: AB 1641
Author: Jackson (D) and Ramos (D), et al.
Amended: 5/19/26 in Senate
Vote: 21
SENATE EDUCATION COMMITTEE: 7-0, 6/3/26
AYES: Pérez, Ochoa Bogh, Cabaldon, Choi, Cortese, Gonzalez, Reyes
SENATE APPROPRIATIONS COMMITTEE: 7-0, 8/13/26
AYES: Cervantes, Seyarto, Cabaldon, Dahle, Grayson, Richardson, Wahab
ASSEMBLY FLOOR: 76-0, 5/4/26 - See last page for vote
SUBJECT: Postsecondary education: segments: tribal colleges and universities
SOURCE: California Indian Nations College
DIGEST:
This bill expands the statutory definition of public higher education to include tribal colleges and universities (TCUs) located in California and operated by an Indian tribal government, placing TCUs within the same statutory category as California Community Colleges (CCC), the California State University (CSU), and the University of California (UC).
ANALYSIS:
Existing law:
- Defines, under federal law, Indian tribal government as the governing body of any tribe, band, community, or group of Indians, or (if applicable) Alaska Natives, as determined by the Secretary of the Interior, to exercise governmental functions. (Title 26, United States Code § 7701 (a)(40))
- Establishes, under state law, the Donahoe Higher Education Act, which deems public higher education to consist of the CCCs, CSU and UC and sets forth their respective missions. (Education Code (EC) § 66010, et seq.)
- Establishes, under state law, the California Private Postsecondary Education Act, which includes, for purposes of the Act, TCUs within the definition of “public higher education”. (EC § 94858.5 (b))
This bill expands, under the Donahoe Higher Education Act, the definition of public higher education to include TCUs located in California and operated by an Indian tribal government, thereby placing TCUs within the same statutory category as CCCs, the CSU, and the UC.
Comments
Need for the bill. According to the author, “California’s Tribal Colleges and Universities deserved to be recognized for their vital role in uplifting Native American students. These institutions serve as centers of identity, resilience, and opportunity that empower a historically underrepresented group to access and thrive in higher education. By including them in the Education Code, we affirm their importance within the state and lay the foundation for long-term planning that acknowledges the essential role these institutions will continue to play in California’s higher education landscape.”
Role of Tribal Colleges. A 2024 needs analysis prepared by California Indian Nations College (sponsors of this bill) as part of a feasibility study on tribal higher education in California describes TCUs as a unique higher education model developed to address longstanding access and retention challenges for Native American students. According to the report, tribal colleges emerged nationally to address access and success barriers experienced by Native students in traditional higher education settings, where institutions often lack culturally relevant academic support, Native faculty and mentors, and institutional structures that reflect Native student experiences and community connections. The report describes TCUs as serving functions beyond traditional academic instruction, including workforce development, language preservation, cultural continuity, and support for tribal self-determination. The report also cites evidence that Native students attending TCUs express stronger engagement and support than Native students in non-tribal institutions. For example, Native graduates of TCUs were stated to be twice as likely as peers in non-TCUs to report positive critical support measures during college.
As of 2023, there are 35 accredited TCUs in the country serving approximately 15,300 students. Responding to the higher education needs of Native students, TCUs serve an important role in facilitating college access and persistence for Native students. According to the report, TCUs continue to struggle with a lack of stable federal support and the decline of private funding.
Academic achievement gaps. The 2024 needs analysis also identifies persistent access and achievement gaps for Native students across California’s existing public higher education systems and frames those gaps as part of the rationale for tribal higher education expansion. At the access level, Native American students remain significantly underrepresented. According to the report, only 81 Native American students enrolled as first-time freshmen in the CSU system in Fall 2022, representing far less than 1% of total first-time freshman enrollment, Native American students represented .5% of total UC enrollment that same year.
The report also identifies outcome disparities once students enroll. In the CCCs, Native student outcomes in several regions fall below statewide averages across measures such as course success rate in first year, completion of transfer level English, and persistence to the following term. The Inland Empire/Desert region, identified in the report as one of the areas served by emerging tribal college efforts, showed the largest performance gaps statewide. At the university level, the report points to similar concerns regarding continuation, persistence, and graduation outcomes for students at CSU and UC campuses. The report also notes that Native American students in California have comparatively low bachelor’s degree attainment rates, with about 16% holding a bachelor’s degree or higher. The report attributes some of these outcomes to limited availability of culturally relevant services for students in traditional institutions and argues that TCUs are intended to address some of those barriers through a more culturally connected educational model. A stable California TCU system could potentially help address gaps in college access and student success for Native and non-native students, particularly in rural areas of the state.
California’s Native American population. California has the largest Native American population in the nation, with approximately 330,000 Californians enrolled in federally recognized tribes, and that California is home to 109 federally recognized tribes roughly 20% of federally recognized tribes nationwide.
Practical effect? This bill essentially creates a fourth segment of public higher education to be considered in the same category as the CCC, CSU, and UC. The bill amends the foundational definition section of the Education Code for California’s public higher education framework under the Donahoe Act, in placing tribal colleges there, it’s unclear whether statutes written for California public segments would, in turn, apply to tribal institutions. This change may raise broader structural questions, particularly around governance, tribal sovereignty and accountability. Each of California’s public higher education systems operates within state-created governance structures while tribal institutions are chartered by their respective tribal governments. It is the intent of the sponsor of this measure that the bill’s provisions do more than provide a symbolic recognition of TCUs rather act as a first step toward formal incorporation into accountability and regulatory structures applicable to California’s public higher education systems. It seems reasonable for the state to formally acknowledge and recognize the important role TCUs located in California have in expanding access to higher education and serving tribal communities. Moving forward, the legislature may wish to consider how extending the same designation currently used for CCC, CSU, and UC would operate given the distinct governance structure of TCUs.
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: No
According to the Senate Appropriations Committee analysis, this bill would have the following fiscal impact:
- The UC, CSU, and the Community College Chancellor’s Office indicate that the bill would not result in additional costs to the segments. The TCUs would remain tribally governed institutions and separate from the segments’ existing governance structures and funding formulas. However, staff notes that the placement of TCUs in the Donahoe Higher Education Act and its establishment as a fourth segment of higher education could potentially lead to additional General Fund cost pressures, such as providing General Fund support and unrestricted base increases, similar to what is currently provided to UC and CSU. These examples would require future legislative or budgetary action.
SUPPORT: (Verified 8/14/26)
California Indian Nations College (source)
California State University, Office of the Chancellor
Campaign for College Opportunity
City of Riverside
EdTrust-West
Habematolel Pomo of Upper Lake
Southwestern Community College District
University of California
Wilton Rancheria
OPPOSITION: (Verified 8/14/26)
None received
ASSEMBLY FLOOR: 76-0, 5/4/26
AYES: Addis, Aguiar-Curry, Ahrens, Alanis, Alvarez, Ávila Farías, Bains, Bauer-Kahan, Berman, Boerner, Bonta, Bryan, Calderon, Carrillo, Castillo, Connolly, Davies, DeMaio, Dixon, Elhawary, Ellis, Flora, Fong, Gabriel, Gallagher, Garcia, Gipson, Jeff Gonzalez, Mark González, Hadwick, Haney, Harabedian, Hart, Hoover, Irwin, Jackson, Johnson, Kalra, Krell, Lackey, Lee, Lowenthal, Macedo, McKinnor, Muratsuchi, Nguyen, Ortega, Pacheco, Papan, Patel, Patterson, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Ransom, Celeste Rodriguez, Michelle Rodriguez, Rogers, Blanca Rubio, Sanchez, Schiavo, Schultz, Sharp-Collins, Solache, Soria, Stefani, Ta, Tangipa, Valencia, Wallis, Ward, Wicks, Wilson, Zbur, Rivas
NO VOTE RECORDED: Arambula, Bennett, Caloza, Chen
Prepared by: Olgalilia Ramirez / ED. / (916) 651-4105
8/15/26 15:09:02
**** END ****
SENATE COMMITTEE ON
Senator Sabrina Cervantes, Chair
2025 - 2026 Regular Session
AB 1641 (Jackson) - Postsecondary education: segments: tribal colleges and universities
Version: | Policy Vote: |
Urgency: | Mandate: |
Hearing Date: | Consultant: |
Bill Summary:
This bill expands the statutory definition of public higher education to include tribal colleges and universities (TCUs) located in California and operated by an Indian tribal government, placing TCUs within the same statutory category as California Community Colleges (CCC), the California State University (CSU), and the University of California (UC).
Fiscal Impact:
The UC, CSU, and the Community College Chancellor’s Office indicate that the bill would not result in additional costs to the segments. The TCUs would remain tribally governed institutions and separate from the segments’ existing governance structures and funding formulas. However, staff notes that the placement of TCUs in the Donahoe Higher Education Act and its establishment as a fourth segment of higher education could potentially lead to additional General Fund cost pressures, such as providing General Fund support and unrestricted base increases, similar to what is currently provided to UC and CSU. These examples would require future legislative or budgetary action.
Background:
According to the analysis of this bill by the Senate Committee on Education, a 2024 needs analysis prepared by California Indian Nations College as part of a feasibility study on tribal higher education in California describes TCUs as a unique higher education model developed to address longstanding access and retention challenges for Native American students. According to the report, tribal colleges emerged nationally to address access and success barriers experienced by Native students in traditional higher education settings, where institutions often lack culturally relevant academic support, Native faculty and mentors, and institutional structures that reflect Native student experiences and community connections. The report describes TCUs as serving functions beyond traditional academic instruction, including workforce development, language preservation, cultural continuity, and support for tribal self-determination. The report also cites evidence that Native students attending TCUs express stronger engagement and support than Native students in non-tribal institutions. For example, Native graduates of TCUs were stated to be twice as likely as peers in non-TCUs to report positive critical support measures during college.
As of 2023, there are 35 accredited TCUs in the country serving approximately 15,300 students. Responding to the higher education needs of Native students, TCUs serve an important role in facilitating college access and persistence for Native students. According to the report, TCUs continue to struggle with a lack of stable federal support and the decline of private funding.
Proposed Law:
This bill expands the definition of public higher education under the Donahoe Higher Education Act to include TCUs located in California and operated by an Indian tribal government. This would place TCUs within the same act in statute as the CCCs, CSU, and UC.
Staff Comments:
The bill amends the section of the Education Code for California’s public higher education framework under the Donahoe Act and place tribal colleges in that section. In doing so, the TCUs would be in the same statutory category the CCCs, CSU, and UC and essentially creates a fourth segment of public higher education.
According to the author, “California’s Tribal Colleges and Universities deserved to be recognized for their vital role in uplifting Native American students. These institutions serve as centers of identity, resilience, and opportunity that empower a historically underrepresented group to access and thrive in higher education. By including them in the Education Code, we affirm their importance within the state and lay the foundation for long-term planning that acknowledges the essential role these institutions will continue to play in California’s higher education landscape.”
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SENATE COMMITTEE ON EDUCATION
Senator Sasha Renée Pérez, Chair
2025 - 2026 Regular
Bill No: Hearing Date: June 3, 2026
Author: | |||
Version: | May 19, 2026 | ||
Urgency: | Fiscal: | ||
Consultant: | |||
Subject: .
SUMMARY
This bill expands the statutory definition of public higher education to include tribal colleges and universities (TCUs) located in California and operated by an Indian tribal government, placing TCUs within the same statutory category as California Community Colleges (CCC), the California State University (CSU), and the University of California (UC).
BACKGROUND
Existing law:
- Defines, under federal law, Indian tribal government as the governing body of any tribe, band, community or group of Indians, or (if applicable) Alaska Natives, as determined by the Secretary of the Interior, to exercise governmental functions. (Title 26, United States Code § 7701 (a)(40))
- Establishes, under state law, the Donahoe Higher Education Act, which deems public higher education to consist of the CCCs, CSU and UC and sets forth their respective missions. (Education Code (EC) § 66010, et seq.)
- Establishes, under state law, the California Private Postsecondary Education Act, which includes, for purposes of the Act, TCUs within the definition of “public higher education”. (EC § 94858.5 (b))
ANALYSIS
- This bill expands, under the Donahoe Higher Education Act, the definition of public higher education to include TCUs located in California and operated by an Indian tribal government, thereby placing TCUs within the same statutory category as CCCs, the CSU, and the UC.
STAFF COMMENTS
- Need for the bill. According to the author, “California’s Tribal Colleges and Universities deserved to be recognized for their vital role in uplifting Native American students. These institutions serve as centers of identity, resilience, and opportunity that empower a historically underrepresented group to access and thrive in higher education. By including them in the Education Code, we affirm their importance within the state and lay the foundation for long-term planning that acknowledges the essential role these institutions will continue to play in California’s higher education landscape.”
- Role of Tribal Colleges. A 2024 needs analysis prepared by California Indian Nations College (sponsors of the bill) as part of a feasibility study on tribal higher education in California describes TCUs as a unique higher education model developed to address longstanding access and retention challenges for Native American students. According to the report, tribal colleges emerged nationally to address access and success barriers experienced by Native students in traditional higher education settings, where institutions often lack culturally relevant academic support, Native faculty and mentors, and institutional structures that reflect Native student experiences and community connections. The report describes TCUs as serving functions beyond traditional academic instruction, including workforce development, language preservation, cultural continuity, and support for tribal self-determination. The report also cites evidence that Native students attending TCUs express stronger engagement and support than Native students in non-tribal institutions. For example, Native graduates of TCUs were stated to be twice as likely as peers in non-TCUs to report positive critical support measures during college.
As of 2023, there are 35 accredited TCUs in the country serving approximately 15,300 students. Responding to the higher education needs of Native students, TCUs serve an important role in facilitating college access and persistence for Native students. According to the report, TCUs continue to struggle with a lack of stable federal support and the decline of private funding.
- Academic achievement gaps. The 2024 needs analysis also identifies persistent access and achievement gaps for Native students across California’s existing public higher education systems and frames those gaps as part of the rationale for tribal higher education expansion. At the access level, Native American students remain significantly underrepresented. According to the report, only 81 Native American students enrolled as first-time freshmen in the CSU system in Fall 2022, representing far less than 1 percent of total first-time freshman enrollment, Native American students represented .5 percent of total UC enrollment that same year.
The report also identifies outcome disparities once students enroll. In the CCCs, Native student outcomes in several regions fall below statewide averages across measures such as course success rate in first year, completion of transfer level English, and persistence to the following term. The Inland Empire/Desert region, identified in the report as one of the areas served by emerging tribal college efforts, showed the largest performance gaps statewide. At the university level, the report points to similar concerns regarding continuation, persistence, and graduation outcomes for students at CSU and UC campuses. The report also notes that Native American students in California have comparatively low bachelor’s degree attainment rates, with about 16 percent holding a bachelor’s degree or higher. The report attributes some of these outcomes to limited availability of culturally relevant services for students in traditional institutions and argues that TCUs are intended to address some of those barriers through a more culturally connected educational model. A stable California TCU system could potentially help address gaps in college access and student success for Native and non-native students, particularly in rural areas of the state.
- California’s Native American population. California has the largest Native American population in the nation, with approximately 330,000 Californians enrolled in federally recognized tribes, and that California is home to 109 federally recognized tribes roughly 20 percent of federally recognized tribes nationwide.
- Related budget activity and California Indian Nations College. The 2025 Budget Act allocated $20 million one-time General Fund to support the California Indian Nations College in Palm Desert, California. Currently, the California Indian Nations College recently earned its accreditation by the Accrediting Commission for Community and Junior Colleges, the same accreditor used by California Community Colleges. The college is open to Native and non-Native students. Currently, the California Inland Nations College is the sole college that would be eligible for the public designation under this measure. However, the inclusion of other TCUs is possible.
- Practical effect? This bill essentially creates a fourth segment of public higher education to be considered in the same category as the CCC, CSU, and UC. The bill amends the foundational definition section of the Education Code for California’s public higher education framework under the Donahoe Act, in placing tribal colleges there, it’s unclear whether statutes written for California public segments would, in turn, apply to tribal institutions. This change may raise broader structural questions, particularly around governance, tribal sovereignty and accountability. Each of California’s public higher education systems operate within state-created governance structures while tribal institutions are chartered by their respective tribal governments. It is the intent of the sponsor of this measure that the bill’s provisions do more than provide a symbolic recognition of TCUs rather act as a first step toward formal incorporation into accountability and regulatory structures applicable to California’s public higher education systems. It seems reasonable for the state to formally acknowledge and recognize the important role TCUs located in California have in expanding access to higher education and serving tribal communities. As drafted, the Committee may wish to consider how extending the same designation currently used for CCC, CSU, and UC would operate given the distinct governance structure of TCUs.
SUPPORT
California Indian Nations College (sponsor)
California State University, Office of the Chancellor
Campaign for College Opportunity
EdTrust-West
Southwestern Community College District
University of California
OPPOSITION
None received
-- END --
ASSEMBLY THIRD READING
ATR Bill Id:AB 1641
Author:(Jackson and Ramos)
As Introduced Ver:January 27, 2026
Majority vote
SUMMARY
Expands the definition of California's public higher education system to formally include tribal colleges and universities (TCUs) located in California and operated by a federally recognized tribal government.
Major Provisions
- Amends existing law to include TCUs as part of California's public higher education system.
- Defines TCUs as institutions geographically located in California and operated by an Indian tribal government, as defined in federal law.
- Maintains existing provisions governing independent and private postsecondary institutions.
- Includes a sunset provision repealing the amended section on January 1, 2030, with a subsequent operative version continuing the inclusion of TCUs.
COMMENTS
This measure seeks to formally recognize tribal colleges and universities as part of California's public higher education system, reflecting their role in serving Native American students and communities.
What are TCUs? According to California Indian Nations College (CINC), the sponsors of this measure, tribal colleges and universities are part of the treaty and trust responsibilities between the government and tribes. TCUs provide culturally relevant education and serve populations historically underrepresented in higher education.
Further, according to CINC, "tribal colleges and universities do not fit into any of the segments of higher education listed in California Education Code Section 66010. They are not part of the University of California, California State University, nor the California Community College system. As TCUs are public institutions, not private, they are not part of the Independent California Colleges and Universities segment."
Additionally, data provided by CINC shows California has one-fifth of all federally recognized tribes and 1.4 million people who identify as American Indian or Alaska Native, the largest overall population of any state. Native American students who attend a TCU before attending a mainstream four-year institution are four times more likely to earn their bachelors degree compared to their peers who enroll directly in a mainstream four-year institution.
California currently is home to three TCUs:
1) CINC;
2) California Tribal College; and,
3) Kumeyaay Community College.
Structural policy change. This measure represents a symbolic and structural expansion of the State's higher education framework by adding a fourth category of public higher education institutions alongside the CCC, CSU, and UC. While it seeks to expand the framework, it does not modify governance structures, funding formulas, or constitutional authority of existing segments; and, TCUs remain tribally governed institutions.
This measure appears to complement State priorities for transfer pathway expansions by acknowledging TCUs within the broader higher education ecosystem, potentially facilitating future policy alignment.
According to the Author
According to the author, "existing law excludes TCUs as a segment of postsecondary education in California despite serving the public, receiving public funds, and having a treaty and trust responsibilities. This deficiency overlooks an already historically underrepresented group, leaving them out of important discussions and long-term planning regarding public higher education in California."
Further, the author states that, "California's tribal colleges and universities deserve to be recognized for their vital role in uplifting Native American students. These institutions serve as centers of identity, resilience, and opportunity that empower a historically underrepresented group to access and thrive in higher education. By including them in the Education Code, we affirm their importance within the state and lay the foundation for long-term planning that acknowledges the essential role these institutions will continue to play in California's higher education landscape."
Arguments in Support
According to the Cahuilla Band of Indians, "AB 1641 directly recognizes and acknowledges TCUs in the higher education landscape, ensuring these institutions are included in coordinated planning and long-term higher education policy discussions. This bill expands access to culturally responsive higher education and improves degree completion outcomes for Native American students, while supporting tribal sovereignty and self-determination in higher education."
Further, the Cahuilla Band of Indians states that, "we must strive to reach educational equity and closing structural gaps in our state systems by ensuring all Californians can succeed. Tribal Colleges and Universities, such as California Indian Nations College, support our community by providing meaningful and culturally relevant educational support that is directly tied to our tribal members' educational success."
Arguments in Opposition
None on file.
FISCAL COMMENTS
According to the Assembly Committee on Appropriations, no new state costs. While the bill recognizes TCUs as part of the larger California public higher education framework, they remain tribally governed institutions and separate from existing governance structures or funding formulas.
VOTES
ASM HIGHER EDUCATION: 9-0-1
YES: Fong, DeMaio, Boerner, Jeff Gonzalez, Jackson, Muratsuchi, Patel, Sharp-Collins, Tangipa
ABS, ABST OR NV: Celeste Rodriguez
ASM APPROPRIATIONS: 14-0-1
YES: Wicks, Hoover, Arambula, Calderon, Caloza, Dixon, Fong, Mark González, Krell, Pacheco, Pellerin, Solache, Ta, Tangipa
ABS, ABST OR NV: Muratsuchi
UPDATED
VERSION: January 27, 2026
CONSULTANT: Jeanice Warden / HIGHER ED. / (916) 319-3960 FN: 0002455
Date of Hearing: April 29, 2026
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Buffy Wicks, Chair
ABPCA Bill Id:AB 1641
Author:(Jackson) – As Introduced Ver:January 27, 2026
Policy Committee: | Higher Education | Vote: | 9 - 0 |
|
| ||
|
|
Urgency: No State Mandated Local Program: No Reimbursable: No
SUMMARY:
This bill adds the tribal colleges and universities (TCUs) located in California and operated by an Indian tribal government to the definition of public higher education institutions, thereby including them within California’s public higher education system akin to the California Community Colleges (CCC), the California State University (CSU), and the University of California (UC).
FISCAL EFFECT:
No new state costs. While the bill recognizes TCUs as part of the larger California public higher education framework, they remain tribally governed institutions and separate from existing governance structures or funding formulas.
COMMENTS:
- Purpose. According to the author:
California’s tribal colleges and universities deserve to be recognized for their vital role in uplifting Native American students. These institutions serve as centers of identity, resilience, and opportunity that empower a historically underrepresented group to access and thrive in higher education. By including them in the Education Code, we affirm their importance within the state and lay the foundation for long-term planning that acknowledges the essential role these institutions will continue to play in California’s higher education landscape.
- Background. According to information provided by the California Indians Nations College (CINC), sponsors of the bill, California is home to one-fifth of all federally recognized Tribes with over 1.4 million people statewide who identify as American Indian/Alaska Native. California also has three TCUs: the CINC, the California Tribal College, and the Kumeyaay Community College. According to EdTrust-West, writing in support of this bill, “students who attend a TCU before attending a mainstream four-year institution are four times as likely to earn their bachelor’s degree than those who attend a mainstream four-year institution right after high school.”
- Related Legislation. AB 1769 (Ramos), of the current legislative session, would require the CCC Board of Governors and the CSU Trustees, and requests the UC Regents, to develop and implement transfer programs to facilitate the transfer of students attending TCUs to other public higher education campuses.
Analysis Prepared by: Aaron Heredia / APPR. / (916) 319-2081
Date of Hearing: April 14, 2026
ASSEMBLY COMMITTEE ON HIGHER EDUCATION
Mike Fong, Chair
ABPCA Bill Id:AB 1641 (
Author:Jackson) – As Introduced Ver:January 27, 2026
SUBJECT: Postsecondary education: segments: tribal colleges and universities.
SUMMARY: Expands the definition of California’s public higher education system to formally include tribal colleges and universities (TCUs) located in California and operated by a federally recognized tribal government. Specifically, this bill:
- Amends existing law to include TCUs as part of California’s public higher education system.
- Defines TCUs as institutions geographically located in California and operated by an Indian tribal government, as defined in federal law.
- Maintains existing provisions governing independent and private postsecondary institutions.
- Includes a sunset provision repealing the amended section on January 1, 2030, with a subsequent operative version continuing the inclusion of TCUs.
EXISTING LAW: Federal. Defines “Indian tribal government” as the governing body of any tribe, band, community, or group of Indians, or (if applicable) Alaska Natives, as determined by the Secretary of the Interior, to exercise governmental functions (Title 26, United States Code Section 7701 (a)(40)).
State.
- Establishes the Donahoe Higher Education Act, setting forth the mission of the University of California (UC), the California State University (CSU), and the California Community Colleges (CCC); and, defines "independent institutions of higher education" as nonpublic higher education institutions that grant undergraduate degrees, graduate degrees, or both, and that are formed as nonprofit corporations in California and are accredited by an agency recognized by the United States Department of Education. For purposes of any code or statute, a national or regional accrediting agency recognized by the United States Department of Education as of January 1, 2025, shall retain that recognition until July 1, 2029, provided that the accrediting agency continues to operate in substantially the same manner as it did on January 1, 2025 (Education Code (EC) Section 66010, et seq.).
- Includes TCUs in the definition of “public institution of higher education” (EC Section 94858.5(b)).
FISCAL EFFECT: Unknown
COMMENTS: Purpose of the measure. According to the author, “existing law excludes TCUs as a segment of postsecondary education in California despite serving the public, receiving public funds, and having a treaty and trust responsibilities. This deficiency overlooks an already historically underrepresented group, leaving them out of important discussions and long-term planning regarding public higher education in California.”
Further, the author states that, "California’s tribal colleges and universities deserve to be recognized for their vital role in uplifting Native American students. These institutions serve as centers of identity, resilience, and opportunity that empower a historically underrepresented group to access and thrive in higher education. By including them in the Education Code, we affirm their importance within the state and lay the foundation for long-term planning that acknowledges the essential role these institutions will continue to play in California’s higher education landscape."
This measure seeks to formally recognize tribal colleges and universities as part of California’s public higher education system, reflecting their role in serving Native American students and communities.
What are TCUs? According to California Indian Nations College (CINC), the sponsors of this measure, tribal colleges and universities are part of the treaty and trust responsibilities between the government and tribes. TCUs provide culturally relevant education and serve populations historically underrepresented in higher education.
Further, according to CINC, “tribal colleges and universities do not fit into any of the segments of higher education listed in California Education Code Section 66010. They are not part of the University of California, California State University, nor the California Community College system. As TCUs are public institutions, not private, they are not part of the Independent California Colleges and Universities segment.”
Additionally, data provided by CINC shows California has one-fifth of all federally recognized tribes and 1.4 million people who identify as American Indian or Alaska Native, the largest overall population of any state. Native American students who attend a TCU before attending a mainstream four-year institution are four times more likely to earn their bachelors degree compared to their peers who enroll directly in a mainstream four-year institution.
California currently is home to three TCUs: (1) CINC; (2) California Tribal College; and, (3) Kumeyaay Community College.
Structural policy change. This measure represents a symbolic and structural expansion of the State’s higher education framework by adding a fourth category of public higher education institutions alongside the CCC, CSU, and UC. While it seeks to expand the framework, it does not modify governance structures, funding formulas, or constitutional authority of existing segments; and, TCUs remain tribally governed institutions.
Committee comments. This measure appears to complement State priorities for transfer pathway expansions by acknowledging TCUs within the broader higher education ecosystem, potentially facilitating future policy alignment.
Arguments in support. According to the Cahuilla Band of Indians, “AB 1641 directly recognizes and acknowledges TCUs in the higher education landscape, ensuring these institutions are included in coordinated planning and long-term higher education policy discussions. This bill expands access to culturally responsive higher education and improves degree completion outcomes for Native American students, while supporting tribal sovereignty and self-determination in higher education.”
Further, the Cahuilla Band of Indians states that, “we must strive to reach educational equity and closing structural gaps in our state systems by ensuring all Californians can succeed.
Tribal Colleges and Universities, such as California Indian Nations College, support our community by providing meaningful and culturally relevant educational support that is directly tied to our tribal members’ educational success.”
Related legislation. AB 1769 (Ramos), which will be acted upon by this Committee during the hearing on April 14, 2026, in part, requires the CCC Board of Governors and the CSU Trustees, and requests the UC Regents, to develop and implement transfer agreement and articulation programs to support and enhance the transfer of students attending TCUs to campuses of these public postsecondary segments.
REGISTERED SUPPORT / OPPOSITION:
Support
California Indian Nations College (Sponsor)
Agua Caliente Band of Cahuilla Indians
Cahuilla Band of Indians
California State University, Office of the Chancellor
Campaign for College Opportunity
EdTrust-West
Opposition
None on file.
Analysis Prepared by: Jeanice Warden / HIGHER ED. / (916) 319-3960
Bill Author
Bill Co-Author(s):