BILL ANALYSIS �
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
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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