Amended in Assembly April 24, 2014

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 institutions, including the faculty, staff, or other employees of these 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, including the faculty, staff, or other employees of these 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 standing 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, if they so choose, to take leaves of absence of at least 2 academic terms because they are pregnant or have recently given birth, unless there is a medical reason for a longer absence. The bill would also allow these students at least 12 additional months to prepare for andbegin delete passend deletebegin insert takeend insert preliminary and qualifying examinations and an extension of at least 12 months toward normative time to degree while they are in candidacy for a graduate degree, unless a longer extension is medically necessary.

(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
5and male athletics, but it also specifically addresses pregnancy
6discrimination.

P3    1(b) In 2012, the Obama administration began an initiative to
2increase the number of women in the science, technology,
3engineering, and mathematics (STEM) fields. President Obama
4tasked the United States Department of Education to lead an
5initiative with the Department of Justice, the Department of Energy,
6the National Aeronautics and Space Administration, the National
7Science Foundation, and the Department of Health and Human
8Services to create a common guidance program to ensure that grant
9recipients are complying with Title IX.

10(c) The federal initiative focuses on women scientists, but Title
11IX compliance is also incredibly important across all academic
12fields at all colleges and universities.

13(d) Preventing pregnancy discrimination in the STEM fields is
14particularly important because it is known to hinder the
15advancement of women in these fields. For example, even though
16women represent between 35 and 40 percent of graduate students
17in chemistry, less than 13 percent of faculty at the top 50
18universities in the United States are women.

19(e) According to a survey of doctorate recipients by the National
20Science Foundation, “women who are married with children in
21the sciences are 35 percent less likely to enter a tenure track
22position after receipt of their Ph.D. than married men with children,
23and they are 27 percent less likely than their male counterparts to
24achieve tenure upon entering a tenure track job.”

25(f) The same phenomenon has appeared in non-STEM fields,
26as studies indicate that married mothers who earn Ph.D.s are 28
27percent less likely to obtain a tenure track job than are married
28men with children who earn Ph.D.s.

29(g) While attending graduate school, many graduate students
30move in and out of university employment. This affects their
31 eligibility for benefits and pregnancy accommodations, except for
32their protections under Title IX.

33(h) Many universities and colleges are not in compliance with
34Title IX, and students are unaware that they are protected from
35pregnancy discrimination.

36(i) Preventing pregnancy discrimination against graduate
37students is important for both genders so that both men and women
38can bond with new children and have a framework with which to
39approach these discussions with their academic institutions.

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SEC. 2.  

Section 66281.5 of the Education Code is amended to
2read:

3

66281.5.  

(a) (1) (A) It is the policy of the State of California,
4pursuant to Section 66251, that all persons, regardless of their sex,
5should enjoy freedom from discrimination of any kind, including,
6but not limited to, pregnancy discrimination as described in Title
7IX of the Education Amendments of 1972 (20 U.S.C. Sec. 1681,
8et seq.), in the postsecondary educational institutions of the state.

9(B) Each of the following requirements shall be applicable to
10postsecondary educational institutions in this state:

11(i) A postsecondary educational institution, including the faculty,
12staff, or other employees of the institution, shall not require a
13graduate student to take a leave of absence, withdraw from the
14graduate program, or limit his or her graduate studies solely due
15to pregnancy or pregnancy-related issues.

16(ii) A postsecondary educational institution, including the
17faculty, staff, or other employees of the institution, shall reasonably
18accommodate pregnant graduate students so they may complete
19their graduate courses of study and research. Reasonable
20accommodation within the meaning of this clause may include,
21but is not necessarily limited to, allowances for the pregnant
22student’s health and safety, such as allowing the student to maintain
23a safe distance from hazardous substances and allowing the student
24to make up tests and assignments that are missed for
25pregnancy-related reasons. These accommodations may also
26include the excusing of absences that are medically necessary, as
27is already required under Title IX.

28(iii) A graduate student who chooses to take a leave of absence
29because she is pregnant or has recently given birth may maintain
30her status as a student during that leave of absence.

31(iv) A graduate student who chooses to take a leave of absence
32because she is pregnant or has recently given birth shall maintain
33her standing in the graduate program during an absence for a period
34consistent with the policies of the postsecondary educational
35institution, or for a period of two academic terms, whichever period
36is longer, unless there is a medical reason for a longer absence, in
37which case her standing in the graduate program shall be
38maintained during that period of absence.

39(v) A graduate student who chooses to take a leave of absence
40because she is pregnant or has recently given birth shall be allowed
P5    1a period consistent with the policies of the postsecondary
2educational institution, or a period of 12 additional months,
3whichever period is longer, to prepare for andbegin delete passend deletebegin insert takeend insert preliminary
4and qualifying examinations and an extension of at least 12 months
5toward normative time to degree while in candidacy for a graduate
6degree, unless a longer extension is medically necessary.

7(2)  The purpose of subdivisions (b) to (g), inclusive, is to
8provide notification of the prohibition against sexual harassment
9and pregnancy discrimination as forms of sexual discrimination
10and to provide notification of available remedies.

11(b) Each postsecondary educational institution in the State of
12California shall have a written policy on sexual harassment. It is
13the intent of the Legislature that each educational institution in
14this state include this policy in its regular policy statement rather
15than distribute an additional written document. This written policy
16shall include procedures for Title IX pregnancy discrimination
17complaints.

18(c) The postsecondary educational institution’s written policy
19on sexual harassment shall include information on where to obtain
20the specific rules and procedures for reporting charges of sexual
21harassment and for pursuing available remedies. The written policy
22shall include the name and contact information of the institution’s
23Title IX compliance officer.

24(d) A copy of the postsecondary educational institution’s written
25policy on sexual harassment shall be displayed in a prominent
26location in the main administrative building or other area of the
27campus or schoolsite. “Prominent location” means that location,
28or those locations, in the main administrative building or other
29area where notices regarding the institution’s rules, regulations,
30procedures, and standards of conduct are posted.

31(e) A copy of the postsecondary educational institution’s written
32policy on sexual harassment, as it pertains to students, shall be
33provided as part of any orientation program conducted for new
34students at the beginning of each quarter, semester, or summer
35session, as applicable.

36(f) A copy of the postsecondary educational institution’s written
37policy on sexual harassment shall be provided for each faculty
38member, all members of the administrative staff, and all members
39of the support staff at the beginning of the first quarter or semester
40of the school year, or at the time that a new employee is hired.

P6    1(g) A copy of the postsecondary educational institution’s written
2policy on sexual harassment shall appear in any publication of the
3institution that sets forth the comprehensive rules, regulations,
4procedures, and standards of conduct for the institution.



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