Amended in Assembly March 19, 2014

California Legislature—2013–14 Regular Session

Assembly Bill No. 2350

Introduced by Assembly Member Bonilla

February 21, 2014

An act to amend Section 66281.5 of the Education Code, relating to postsecondary education.

LEGISLATIVE COUNSEL’S DIGEST

AB 2350, as amended, Bonilla. Postsecondary education: Equity in Higher Education Act: prevention of pregnancy discrimination.

begin delete

Existing

end delete

begin insert (1) end insert begin insert   end insert begin insert Existing end insert law, known as the Donahoe Higher Education Act, sets forth, among other things, the missions and functions of California’s public and independent segments of higher education and their respective institutions of higher education. Provisions of the act apply to the University of California only to the extent that the Regents of the University of California, by appropriate resolution, act to make a provision applicable.

A portion of the Donahoe Higher Education Act known as the Equity in Higher Education Act declares, among other things, that it is the policy of the State of California that all persons, regardless of their sex, should enjoy freedom from discrimination of any kind in the postsecondary educational institutions of the state.

This bill would express various legislative findings and declarations relating to pregnancy discrimination. The bill would add to the Equity in Higher Education Act a provision specifying that this policy of freedom from discrimination includes, but is not limited to, freedom from pregnancy discrimination as described in a specified federal statute.

begin insert

This bill would prohibit postsecondary educational institutions from requiring a graduate student to take a leave of absence, withdraw from the graduate program, or limit his or her graduate studies solely due to pregnancy or pregnancy-related issues. The bill would require postsecondary educational institutions to reasonably accommodate pregnant graduate students, as specified, so that they may complete their graduate courses of study and research. The bill would require the maintenance of the student status and status in the graduate program of graduate students who choose to take leaves of absence because they are pregnant or have recently given birth. The bill would require postsecondary educational institutions to allow graduate students who choose to take leaves of absence because they are pregnant or have recently given birth up to 12 additional months to prepare for preliminary and qualifying examinations and an extension of up to 12 months toward normative time to degree while they are in candidacy for a graduate degree.

end insert begin insert

(2) The Equity in Higher Education Act requires each postsecondary educational institution in the state to have a written policy on sexual harassment.

end insert begin insert

This bill would require the written policy on sexual harassment to include procedures for Title IX pregnancy discrimination complaints and the name and contact information of the institution’s Title IX compliance officer.

end insert

Vote: majority. Appropriation: no. Fiscal committee:  begin delete no end delete begin insert yes end insert . State-mandated local program: no.

The people of the State of California do enact as follows:

SECTION 1.  

The Legislature finds and declares all of the
following:

(a) Title IX of the Education Amendments of 1972 (20 U.S.C.
Sec. 1681, et seq.) is best known for providing equity to female
and male athletics, but it also specifically addresses pregnancy
discrimination.

(b) In 2012, the Obama administration began an initiative to
increase the number of women in the science, technology,
engineering, and mathematics (STEM) fields. President Obama
tasked the United States Department of Education to lead an
initiative with the Department of Justice, the Department of Energy,
the National Aeronautics and Space Administration, the National
Science Foundation, and the Department of Health and Human
Services to create a common guidance program to ensure that grant
recipients are complying with Title IX.

(c) The federal initiative focuses on women scientists, but Title
IX compliance is also incredibly important across all academic
fields at all colleges and universities.

(d) Preventing pregnancy discrimination in the STEM fields is
particularly important because it is known to hinder the
advancement of women in these fields. For example, even though
women represent between 35 and 40 percent of graduate students
in chemistry, less than 13 percent of faculty at the top 50
universities in the United States are women.

(e) According to a survey of doctorate recipients by the National
Science Foundation, “women who are married with children in
the sciences are 35 percent less likely to enter a tenure track
position after receipt of their Ph.D. than married men with children,
and they are 27 percent less likely than their male counterparts to
achieve tenure upon entering a tenure track job.”

(f) The same phenomenon has appeared in non-STEM fields,
as studies indicate that married mothers who earn Ph.D.s are 28
percent less likely to obtain a tenure track job than are married
men with children who earn Ph.D.s.

begin delete

(g) Graduate students and postdoctoral students are typically
considered to be students, trainees, or fellows, and are therefore
not eligible for the Family Medical Leave Act or paid family leave,
which would provide for leave during the birth of a child. Most of
these “students” must do research or teach in order to fulfill the
requirements of their graduate programs.

end delete begin insert

(g) While attending graduate school, many graduate students
move in and out of university employment. This affects their
eligiblity for benefits and pregnancy accommodations, except for
their protections under Title IX.

end insert

(h) Many universities and colleges are not in compliance with
Title IX, and students are unaware that they are protected from
pregnancy discrimination.

(i) Preventing pregnancy discrimination against graduate
students begin delete and postdoctoral students end delete is important for both genders
so that both men and women can bond with new children and have
a framework with which to approach these discussions with their
academic institutions.

SEC. 2.  

Section 66281.5 of the Education Code is amended to
read:

66281.5.  

(a) (1)  begin insert (A) end insert begin insert   end insert It is the policy of the State of California,
pursuant to Section 66251, that all persons, regardless of their sex,
should enjoy freedom from discrimination of any kind, including,
but not limited to, pregnancy discrimination as described in Title
IX of the Education Amendments of 1972 (20 U.S.C. Sec. 1681,
et seq.), in the postsecondary educational institutions of the state.

begin insert

(B) Each of the following requirements shall be applicable to
postsecondary educational institutions in this state:

end insert begin insert

(i) A postsecondary educational institution shall not require a
graduate student to take a leave of absence, withdraw from the
graduate program, or limit his or her graduate studies solely due
to pregnancy or pregnancy-related issues.

end insert begin insert

(ii) A postsecondary educational institution shall reasonably
accommodate pregnant graduate students so they may complete
their graduate courses of study and research. Reasonable
accomodation within the meaning of this clause may include, but
is not necessarily limited to, allowances for the pregnant student’s
health and safety, such as allowing the student to maintain a safe
distance from hazardous substances, excusing absences that are
medically necessary, and allowing the student to make up tests
and assignments that are missed for pregnancy-related reasons.

end insert begin insert

(iii) A graduate student who chooses to take a leave of absence
because she is pregnant or has recently given birth shall maintain
her status as a student during that leave of absence.

end insert begin insert

(iv) A graduate student who chooses to take a leave of absence
because she is pregnant or has recently given birth shall maintain
her status in the graduate program during an absence of up to two
academic terms, unless there is a medical reason for a longer
absence, in which case her status in the graduate program shall
be maintained during that period of absence.

end insert begin insert

(v) A graduate student who chooses to take a leave of absence
because she is pregnant or has recently given birth shall be allowed
up to 12 additional months to prepare for preliminary and
qualifying examinations and extension of up to 12 months toward
normative time to degree while in candidacy for a graduate degree.

end insert

(2)  The purpose of subdivisions (b) to (g), inclusive, is to
provide notification of the prohibition against sexual harassment
as a form of sexual discrimination and to provide notification of
available remedies.

(b) Each postsecondary educational institution in the State of
California shall have a written policy on sexual harassment. It is
the intent of the Legislature that each educational institution in
this state include this policy in its regular policy statement rather
than distribute an additional written document. begin insert This written policy
shall include procedures for Title IX pregnancy discrimination
complaints. end insert

(c) The postsecondary educational institution’s written policy
on sexual harassment shall include information on where to obtain
the specific rules and procedures for reporting charges of sexual
harassment and for pursuing available remedies. begin insert The written policy
shall include the name and contact information of the institution’s
Title IX compliance officer. end insert

(d) A copy of the postsecondary educational institution’s written
policy on sexual harassment shall be displayed in a prominent
location in the main administrative building or other area of the
campus or schoolsite. “Prominent location” means that location,
or those locations, in the main administrative building or other
area where notices regarding the institution’s rules, regulations,
procedures, and standards of conduct are posted.

(e) A copy of the postsecondary educational institution’s written
policy on sexual harassment, as it pertains to students, shall be
provided as part of any orientation program conducted for new
students at the beginning of each quarter, semester, or summer
session, as applicable.

(f) A copy of the postsecondary educational institution’s written
policy on sexual harassment shall be provided for each faculty
member, all members of the administrative staff, and all members
of the support staff at the beginning of the first quarter or semester
of the school year, or at the time that there is a new employee
hired.

(g) A copy of the postsecondary educational institution’s written
policy on sexual harassment shall appear in any publication of the
institution that sets forth the comprehensive rules, regulations,
procedures, and standards of conduct for the institution.