BILL ANALYSIS Ó Senate Appropriations Committee Fiscal Summary Senator Christine Kehoe, Chair AB 668 (Block) Hearing Date: 08/25/2011 Amended: 08/15/2011 Consultant: Jacqueline Wong-HernandezPolicy Vote: Education 8-0 _________________________________________________________________ ____ BILL SUMMARY: AB 668 defines an "undue hardship" on the California State University (CSU), for the purpose of denying a request to reschedule a test or examination by a student for whom the test time violates the student's religious creed. _________________________________________________________________ ____ Fiscal Impact (in thousands) Major Provisions 2011-12 2012-13 2013-14 Fund CSU exam reschedule policy ------Minor and absorbable------ General _________________________________________________________________ ____ STAFF COMMENTS: SUSPENSE FILE. Existing law requires CSU campuses, in administering any test or exam, to permit any student to take the test or exam without penalty, at a time when that activity would not violate the student's religious creed. Existing law provides an exception to the accommodation requirement if administering the test or exam at an alternate time would impose an "undue hardship" on the university. Under existing law, should there be a legal challenge, the burden of proof is on the institution to prove an undue hardship. This bill defines an undue hardship as an action requiring significant difficulty or expense, when considered in light of the following factors: 1) The nature and cost of the accommodation needed. 2) The overall financial resources of the facilities involved in the provision of the reasonable accommodations, the number of persons employed at the facility, and the effect on expenses and resources or the impact otherwise of > (>) Page 1 these accommodations upon the operation of the facility. 3) The overall financial resources of the covered entity, the overall size of the business of a covered entity with respect to the number of employees, and the number, type, and location of its facilities. 4) The type of operations, including the composition, structure, and functions of the workforce of the entity. 5) The geographic separateness, administrative, or fiscal relationship of the facility or facilities. The CSU has indicated that this is largely consistent with existing policies, and any additional costs would be minor and absorbable.