BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  AB 668
                                                                  Page  1

          CONCURRENCE IN SENATE AMENDMENTS
          AB 668 (Block)
          As Amended  August 15, 2011
          Majority vote
           
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          |ASSEMBLY:  |78-0 |(May 19, 2011)  |SENATE: |37-0 |(August 31,    |
          |           |     |                |        |     |2011)          |
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           Original Committee Reference:    HIGHER ED.  

           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 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 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 Senate amendments  further define undue hardship.
           
          AS PASSED BY THE ASSEMBLY  , this bill was substantially similar 
          to the version approved by the Assembly.

           FISCAL EFFECT  :  According to the Senate Appropriations 
          Committee, $65,000 in one-time costs to CSU to develop written 
          guidelines for campuses, including student request procedures 








                                                                  AB 668
                                                                  Page  2

          and instructions for faculty on alternative arrangement, as well 
          as faculty non-compliance procedures.

           COMMENTS  :  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.  

          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.  

          There does not appear to be a uniform process for a student 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."


           Analysis prepared by  :    Sandra Fried / HIGHER ED. / (916) 
          319-3960


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