BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | AB 668|
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THIRD READING
Bill No: AB 668
Author: Block (D)
Amended: 8/15/11 in Senate
Vote: 21
SENATE EDUCATION COMMITTEE : 8-0, 6/15/11
AYES: Lowenthal, Alquist, Blakeslee, Hancock, Huff, Liu,
Price, Vargas
NO VOTE RECORDED: Runner, Simitian, Vacancy
SENATE APPROPRIATIONS COMMITTEE : 9-0, 8/25/11
AYES: Kehoe, Walters, Alquist, Emmerson, Lieu, Pavley,
Price, Runner, Steinberg
ASSEMBLY FLOOR : 78-0, 5/19/11 - See last page for vote
SUBJECT : California State University examinations and
undue hardship
SOURCE : Author
DIGEST : This bill defines what constitutes an undue
hardship on the California State University 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.
ANALYSIS : Existing law requires the California State
University (CSU), in administering any test or examination,
to provide an alternative testing time, without penalty,
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for any student unable to take the scheduled test due to a
potential violation of the student's religious creed,
except when it would impose on undue hardship.
The requirement to provide an alternative testing time does
not apply if administering the test or examination at
another time would impose an "undue hardship "on the CSU
that cannot reasonably be avoided.
In any court proceeding in which the existence of an undue
hardship that could not reasonably have been avoided is an
issue, the burden of proof rests upon the institution.
This bill:
1. Clarifies what constitutes an "undue hardship" on the
CSU, for purposes of exemption from the requirement that
an alternate test be provided for a student if the
scheduled test time violates a student's religious
creed.
2. Defines "undue hardship" as an action requiring
significant difficulty or expense, when considered in
light of the following factors:
A. The nature and cost of the accommodation needed.
B. 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 these accommodations upon the
operation of the facility.
C. 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.
D. The type of operations, including the composition,
structure, and functions of the workforce of the
entity.
E. The geographic separateness, administrative, or
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fiscal relationship of the facility or facilities.
Comments
Need for this bill . Existing law does not define what
constitutes an "undue hardship" for purposes of denying a
student's request to reschedule an exam/test due to a
violation of the student's religious creed. As a professor
and lawyer at San Diego State University, the author
observed a lack of definition for the university and lack
of guidance for students, and contends that 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 alternative time. This bill provides
clarity to students, faculty and administrators, as well as
promote religious freedom.
Prior Legislation
AB 24 (Block), 2009-10 Session, among other things,
contained language regarding the religious accommodation
for testing at the CSU which was identical to the language
in this bill. Those provisions were ultimately deleted
from AB 24.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
According to the Senate Appropriations Committee:
Fiscal Impact (in thousands)
Major Provisions 2011-12 2012-13 2013-14 Fund
CSU exam reschedule policy ------Minor and
absorbable------ General
SUPPORT : (Verified 8/29/11)
Jewish Political Action Committee
Union of Orthodox Jewish Congregations of America
ASSEMBLY FLOOR : 78-0, 5/19/11
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AYES: Achadjian, Allen, Ammiano, Atkins, Beall, Bill
Berryhill, Block, Blumenfield, Bonilla, Bradford,
Brownley, Buchanan, Butler, Charles Calderon, Campos,
Carter, Cedillo, Chesbro, Conway, Cook, Davis, Dickinson,
Donnelly, Eng, Feuer, Fletcher, Fong, Fuentes, Furutani,
Beth Gaines, Galgiani, Garrick, Gatto, Gordon, Grove,
Hagman, Halderman, Hall, Harkey, Hayashi, Roger
Hernández, Hill, Huber, Hueso, Huffman, Jeffries, Jones,
Knight, Lara, Logue, Bonnie Lowenthal, Ma, Mansoor,
Mendoza, Miller, Mitchell, Monning, Morrell, Nestande,
Nielsen, Norby, Olsen, Pan, Perea, V. Manuel Pérez,
Portantino, Silva, Skinner, Smyth, Solorio, Swanson,
Torres, Valadao, Wagner, Wieckowski, Williams, Yamada,
John A. Pérez
NO VOTE RECORDED: Alejo, Gorell
CPM:kc 8/29/11 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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