Amended in Assembly May 8, 2014

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 Bill No. 2350

Introduced by Assembly Member Bonilla

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(Coauthors: Assembly Members Garcia, Gonzalez, Skinner, and Waldron)

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February 21, 2014

An act to begin delete amend Section 66281.5 of end delete begin insert add Section 66281.7 to end insert 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.

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(1) Existing

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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.

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. begin delete 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 end delete

begin insert The end insert bill would also allow begin delete these students at least end delete begin insert a graduate student who chooses to take a leave of absence because she is pregnant or has recently given birth a period consistent with the policies of the postsecondary educational institution, or a period of end insert 12 additional months begin insert , whichever period is longer, end insert to prepare for and take 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.

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

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The bill would provide that an enrolled graduate student in good academic standing who chooses to take a leave of absence because she is pregnant or has recently given birth would return to her program in good academic standing following a leave period of a duration determined by the postsecondary educational institution, or a period of 2-academic-year semester terms or 3-academic-year trimester terms, whichever period is longer, subject to the reasonable administrative requirements of the institution, unless there is a medical reason for a longer absence, in which case her standing in the graduate program would be maintained during that period of absence.

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This

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begin insert The end insert bill would require begin delete the end delete begin insert each postsecondary educational institution to have a end insert written policy on begin delete sexual harassment to include end delete begin insert pregnancy discrimination and end insert procedures for begin insert addressing pregnancy discrimination complaints under end insert Title IX begin delete pregnancy discrimination complaints and the name and contact information of the institution’s Title IX compliance officer. end delete begin insert or this bill. The bill would require a copy of this policy to be made available to faculty, staff, and employees in their required training, and made available to all students attending orientation sessions at a postsecondary educational institution. end insert

Vote: majority. Appropriation: no. Fiscal committee: 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) While attending graduate school, many graduate students
move in and out of university employment. This affects their
eligibility 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 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.

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begin insert SEC. end insert begin insert 2. end insert   

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begin insert Section 66281.7 is added to the end insert begin insert Education Code end insert begin insert , end insert immediately following Section 66281.5 begin insert , to read: end insert

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begin insert 66281.7. end insert   

(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:

(1) A postsecondary educational institution, including the
faculty, staff, or other employees of the 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.

(2) A postsecondary educational institution, including the
faculty, staff, or other employees of the institution, shall reasonably
accommodate pregnant graduate students so they may complete
their graduate courses of study and research. Reasonable
accommodation within the meaning of this subdivision 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, allowing the
student to make up tests and assignments that are missed for
pregnancy-related reasons, or allowing a student to take a leave
of absence. Reasonable accommodation shall include the excusing
of absences that are medically necessary, as required under Title
IX.

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

(4) An enrolled graduate student in good academic standing
who chooses to take a leave of absence because she is pregnant
or has recently given birth shall return to her program in good
academic standing following a leave period of a duration
determined by the postsecondary educational institution or of up
to two-academic-year semester terms or three-academic-year
trimester terms, whichever period is longer, subject to the
reasonable administrative requirements of the institution, unless
there is a medical reason for a longer absence, in which case her
standing in the graduate program shall be maintained during that
period of absence.

(c) Each postsecondary educational institution shall have a
written policy on pregnancy discrimination and procedures for
addressing pregnancy discrimination complaints under Title IX
or this section. A copy of this policy shall be made available to
faculty, staff, and employees in their required training. This policy
shall be made available to all students attending orientation
sessions at a postsecondary educational institution.

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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, including the faculty,
staff, or other employees of the 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, including the
faculty, staff, or other employees of the institution, shall reasonably
accommodate pregnant graduate students so they may complete
their graduate courses of study and research. Reasonable
accommodation 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 and allowing the student
to make up tests and assignments that are missed for
pregnancy-related reasons. These accommodations may also
include the excusing of absences that are medically necessary, as
is already required under Title IX.

(iii) A graduate student who chooses to take a leave of absence
because she is pregnant or has recently given birth may 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 standing in the graduate program during an absence for a period
consistent with the policies of the postsecondary educational
institution, or for a period of two academic terms, whichever period
is longer, unless there is a medical reason for a longer absence, in
which case her standing 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
a period consistent with the policies of the postsecondary
educational institution, or a period of 12 additional months,
whichever period is longer, to prepare for and take preliminary
and qualifying examinations and an extension of at least 12 months
toward normative time to degree while in candidacy for a graduate
degree, unless a longer extension is medically necessary.

(2)  The purpose of subdivisions (b) to (g), inclusive, is to
provide notification of the prohibition against sexual harassment
and pregnancy discrimination as forms 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 a new employee is 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.

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