Amended in Assembly April 7, 2014

Amended in Assembly March 19, 2014

California Legislature—2013–14 Regular Session

Assembly BillNo. 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.

(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 institutionsbegin insert, including the faculty, staff, or other employees of these institutions,end insert 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 institutionsbegin insert, including the faculty, staff, or other employees of these institutions,end insert 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 andbegin delete statusend deletebegin insert standingend insert 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 studentsbegin delete who chooseend deletebegin insert, if they so choose,end insert to take leaves of absencebegin insert of at least 2 academic termsend insert because they are pregnant or have recently given birthbegin delete up toend deletebegin insert, unless there is a medical reason for a longer absence. The bill would also allow these students at leastend insert 12 additional months to prepare forbegin insert and passend insert preliminary and qualifying examinations and an extension ofbegin delete up toend deletebegin insert at leastend insert 12 months toward normative time to degree while they are in candidacy for a graduate degreebegin insert, unless a longer extension is medically necessaryend insert.

(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: yes. State-mandated local program: no.

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

P2    1

SECTION 1.  

The Legislature finds and declares all of the
2following:

3(a) Title IX of the Education Amendments of 1972 (20 U.S.C.
4Sec. 1681, et seq.) is best known for providing equity to female
P3    1and male athletics, but it also specifically addresses pregnancy
2discrimination.

3(b) In 2012, the Obama administration began an initiative to
4increase the number of women in the science, technology,
5engineering, and mathematics (STEM) fields. President Obama
6tasked the United States Department of Education to lead an
7initiative with the Department of Justice, the Department of Energy,
8the National Aeronautics and Space Administration, the National
9Science Foundation, and the Department of Health and Human
10Services to create a common guidance program to ensure that grant
11recipients are complying with Title IX.

12(c) The federal initiative focuses on women scientists, but Title
13IX compliance is also incredibly important across all academic
14fields at all colleges and universities.

15(d) Preventing pregnancy discrimination in the STEM fields is
16particularly important because it is known to hinder the
17advancement of women in these fields. For example, even though
18women represent between 35 and 40 percent of graduate students
19in chemistry, less than 13 percent of faculty at the top 50
20universities in the United States are women.

21(e) According to a survey of doctorate recipients by the National
22Science Foundation, “women who are married with children in
23the sciences are 35 percent less likely to enter a tenure track
24position after receipt of their Ph.D. than married men with children,
25and they are 27 percent less likely than their male counterparts to
26achieve tenure upon entering a tenure track job.”

27(f) The same phenomenon has appeared in non-STEM fields,
28as studies indicate that married mothers who earn Ph.D.s are 28
29percent less likely to obtain a tenure track job than are married
30men with children who earn Ph.D.s.

31(g) While attending graduate school, many graduate students
32move in and out of university employment. This affects their
33begin delete eligiblityend deletebegin insert eligibilityend insert for benefits and pregnancy accommodations,
34except for their protections under Title IX.

35(h) Many universities and colleges are not in compliance with
36Title IX, and students are unaware that they are protected from
37pregnancy discrimination.

38(i) Preventing pregnancy discrimination against graduate
39students is important for both genders so that both men and women
P4    1can bond with new children and have a framework with which to
2approach these discussions with their academic institutions.

3

SEC. 2.  

Section 66281.5 of the Education Code is amended to
4read:

5

66281.5.  

(a) (1) (A) It is the policy of the State of California,
6pursuant to Section 66251, that all persons, regardless of their sex,
7should enjoy freedom from discrimination of any kind, including,
8but not limited to, pregnancy discrimination as described in Title
9IX of the Education Amendments of 1972 (20 U.S.C. Sec. 1681,
10et seq.), in the postsecondary educational institutions of the state.

11(B) Each of the following requirements shall be applicable to
12postsecondary educational institutions in this state:

13(i) A postsecondary educational institutionbegin insert, including the faculty,
14staff, or other employees of the institution,end insert
shall not require a
15graduate student to take a leave of absence, withdraw from the
16graduate program, or limit his or her graduate studies solely due
17to pregnancy or pregnancy-related issues.

18(ii) A postsecondary educational institutionbegin insert, including the
19faculty, staff, or other employees of the institution,end insert
shall reasonably
20accommodate pregnant graduate students so they may complete
21their graduate courses of study and research. Reasonable
22begin delete accomodationend deletebegin insert accommodationend insert within the meaning of this clause
23may include, but is not necessarily limited to, allowances for the
24pregnant student’s health and safety, such as allowing the student
25to maintain a safe distance from hazardous substancesbegin delete, excusing
26absences that are medically necessary,end delete
and allowing the student
27to make up tests and assignments that are missed for
28pregnancy-related reasons.begin insert These accommodations may also
29include the excusing of absences that are medically necessary, as
30is already required under Title IX.end insert

31(iii) A graduate student who chooses to take a leave of absence
32because she is pregnant or has recently given birthbegin delete shallend deletebegin insert mayend insert
33 maintain her status as a student during that leave of absence.

34(iv) A graduate student who chooses to take a leave of absence
35because she is pregnant or has recently given birth shall maintain
36herbegin delete statusend deletebegin insert standingend insert in the graduate program during an absencebegin delete of
37up to two academic terms,end delete
begin insert for a period consistent with the policies
38of the postsecondary educational institution, or for a period of two
39academic terms, whichever period is longer,end insert
unless there is a
40medical reason for a longer absence, in which case herbegin delete statusend delete
P5    1begin insert standingend insert in the graduate program shall be maintained during that
2period of absence.

3(v) A graduate student who chooses to take a leave of absence
4because she is pregnant or has recently given birth shall be allowed
5begin delete up toend deletebegin insert a period consistent with the policies of the postsecondary
6educational institution, or a period ofend insert
12 additional monthsbegin insert,
7whichever period is longer,end insert
to prepare forbegin insert and passend insert preliminary
8and qualifying examinations andbegin insert anend insert extension ofbegin delete up toend deletebegin insert at leastend insert 12
9months toward normative time to degree while in candidacy for a
10graduate degreebegin insert, unless a longer extension is medically necessaryend insert.

11(2)  The purpose of subdivisions (b) to (g), inclusive, is to
12provide notification of the prohibition against sexual harassment
13begin insert and pregnancy discriminationend insert asbegin delete a formend deletebegin insert formsend insert of sexual
14discrimination and to provide notification of available remedies.

15(b) Each postsecondary educational institution in the State of
16California shall have a written policy on sexual harassment. It is
17the intent of the Legislature that each educational institution in
18this state include this policy in its regular policy statement rather
19than distribute an additional written document. This written policy
20shall include procedures for Title IX pregnancy discrimination
21complaints.

22(c) The postsecondary educational institution’s written policy
23on sexual harassment shall include information on where to obtain
24the specific rules and procedures for reporting charges of sexual
25harassment and for pursuing available remedies. The written policy
26shall include the name and contact information of the institution’s
27Title IX compliance officer.

28(d) A copy of the postsecondary educational institution’s written
29policy on sexual harassment shall be displayed in a prominent
30location in the main administrative building or other area of the
31campus or schoolsite. “Prominent location” means that location,
32or those locations, in the main administrative building or other
33area where notices regarding the institution’s rules, regulations,
34procedures, and standards of conduct are posted.

35(e) A copy of the postsecondary educational institution’s written
36policy on sexual harassment, as it pertains to students, shall be
37provided as part of any orientation program conducted for new
38students at the beginning of each quarter, semester, or summer
39session, as applicable.

P6    1(f) A copy of the postsecondary educational institution’s written
2policy on sexual harassment shall be provided for each faculty
3member, all members of the administrative staff, and all members
4of the support staff at the beginning of the first quarter or semester
5of the school year, or at the time thatbegin delete there isend delete a new employeebegin insert isend insert
6 hired.

7(g) A copy of the postsecondary educational institution’s written
8policy on sexual harassment shall appear in any publication of the
9institution that sets forth the comprehensive rules, regulations,
10procedures, and standards of conduct for the institution.



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