BILL NUMBER: AB 2350 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MARCH 19, 2014
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.
Existing
(1) Existing 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.
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.
(2) The Equity in Higher Education Act requires each postsecondary
educational institution in the state to have a written policy on
sexual harassment.
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.
Vote: majority. Appropriation: no. Fiscal committee: no
yes . 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.
(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.
(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.
(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
and postdoctoral students 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) (A) 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.
(B) Each of the following requirements shall be applicable to
postsecondary educational institutions in this state:
(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.
(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.
(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.
(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.
(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.
(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. This written
policy shall include procedures for Title IX pregnancy discrimination
complaints.
(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. The written
policy shall include the name and contact information of the
institution's Title IX compliance officer.
(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.