BILL ANALYSIS Ó
AB 668
Page 1
Date of Hearing: May 3, 2011
ASSEMBLY COMMITTEE ON HIGHER EDUCATION
Marty Block, Chair
AB 668 (Block) - As Amended: March 29, 2011
SUBJECT : California State University: examinations: undue
hardship.
SUMMARY : Defines "undue hardship" for the purposes of denying
a religious accommodation to a student for a test or examination
at a campus of the California State University (CSU) as either
of the following:
1)Expense in administering the test or examination at a
different time that creates 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.
EXISTING LAW requires the CSU Board of Trustees to require each
CSU campus, in administering any test or examination, to permit
any student who is eligible to sit for the test or examination,
to do so, without penalty, at a time when this activity does not
violate the student's religious creed, provided the
administration of the alternate time does not place an undue
hardship that could reasonably have been avoided, and for the
purposes of court proceedings, places the burden of proof on the
campus. (Education Code § 89320)
FISCAL EFFECT : Unknown
COMMENTS : Need for this bill . According to the author, as a
professor and lawyer at San Diego State University, he observed
a lack of definition as to what constitutes an undue hardship
for the university and a lack of guidance for students. There
were instances when a student was denied accommodation, and no
reasonable justification was given as to why the test could not
be given at an alternate time. Accordingly, the author believes
"undue hardship" should be defined as 1) a substantial cost to
the institution or 2) substantial disruption to the
institution's educational mission.
AB 668
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Process for receiving an accommodation at CSU . There does not
appear to be a uniform process for a student is to follow to
receive an accommodation. However, CSU does require campuses'
catalogues to include its nondiscrimination policy, as follows:
"No person shall, on the basis of race, color, ethnicity,
national origin, age, or religion be excluded from participation
in, be denied the benefits of, or be otherwise subjected to
discrimination in any program of the California State
University."
Other segments . The University of California, California
Community Colleges, and private postsecondary institutions are
governed by statutory provisions (EC § 92640, 76121, and 94355,
respectively) that are almost identical to the statute governing
CSU. Independent institutions do not appear to be required by
statute to provide a religious accommodation to students for the
purposes of required tests or examinations.
Related legislation . AB 24 (Block, 2009) would have, among
other provisions, removed the ability of professors to deny a
student's request for a religious accommodation. The Senate
Education Committee noted this would require CSU campuses to
accommodate all requests, regardless of the reasonableness of
the request and suggested instead that the author define "undue
hardship." This provision was later removed from the bill.
REGISTERED SUPPORT / OPPOSITION :
Support
None on file.
Opposition
None on file.
Analysis Prepared by : Sandra Fried / HIGHER ED. / (916)
319-3960