BILL NUMBER: AB 668 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MARCH 29, 2011
INTRODUCED BY Assembly Member Block
FEBRUARY 17, 2011
An act to amend Section 66015.5 89320
of the Education Code, relating to public
postsecondary education. the California State
University.
LEGISLATIVE COUNSEL'S DIGEST
AB 668, as amended, Block. Public postsecondary
education: quality instruction. California State
University: examinations: undue hardship.
Existing law establishes the California State University, which is
administered by the Trustees of the California State University.
Existing law requires the state universities, in administering any
test or examination, to permit any student who is eligible to undergo
the test or examination to do so, without penalty, at a time when
that activity would not violate the student's religious creed, except
when it would impose an undue hardship.
This bill would provide that creating a substantial financial
burden or substantial disruption to the educational mission of the
institution, as specified, constitutes an undue hardship for purposes
of this provision.
Existing law, the Donahoe Higher Education Act, sets forth, among
other things, the missions and functions of California's public and
independent segments of higher education, and their respective
institutions of higher education. Existing law establishes the
University of California, under the administration of the Regents of
the University of California, and the California State University,
under the administration of the Trustees of the California State
University, as 2 of the public segments of postsecondary education.
Existing law expresses the Legislature's intent that quality
classroom instruction be continually improved and that courses
required for normal progress to a baccalaureate degree be provided in
sufficient numbers.
This bill would make a technical, nonsubstantive change to this
intent provision.
Vote: majority. Appropriation: no. Fiscal committee: no
yes . State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 89320 of the
Education Code is amended to read:
89320. (a) The Trustees of the California
State University shall require each state university, in
administering any test or examination, to permit any student who is
eligible to undergo the test or examination to do so, without
penalty, at a time when that activity would not violate the student's
religious creed. This requirement shall not apply in the
event that if administering the test or
examination at an alternate time would impose an undue hardship
which that could not reasonably have
been avoided. In any court proceeding in which the existence of an
undue hardship which that could not
reasonably have been avoided is an issue, the burden of proof shall
be upon the institution.
(b) For the purposes of this section, either of the following
constitutes an undue hardship:
(1) Expense in administering the test or examination at a
different time that creates a substantial financial burden for the
institution.
(2) Substantial disruption to the educational mission of the
institution caused by administering the test at a different location.
SECTION 1. Section 66015.5 of the Education
Code is amended to read:
66015.5. (a) It is the intent of the Legislature that quality
instruction be continually improved and that courses required for
normal progress to a baccalaureate degree be provided in sufficient
numbers.
(b) It is the further intent of the Legislature that where
necessary the average teaching responsibilities of tenured and tenure
track faculty be sufficiently increased to meet the goals described
in this section.