BILL ANALYSIS Ó AB 668 Page 1 CONCURRENCE IN SENATE AMENDMENTS AB 668 (Block) As Amended August 15, 2011 Majority vote ----------------------------------------------------------------- |ASSEMBLY: |78-0 |(May 19, 2011) |SENATE: |37-0 |(August 31, | | | | | | |2011) | ----------------------------------------------------------------- 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 FN: 0002142