AB 2350, as amended, Bonilla. Postsecondary education: Equity in Higher Education Act: prevention of pregnancy discrimination.
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 also allow 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 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 they are in candidacy for a graduate degree, unless a longer extension is medically necessary.begin insert The bill would allow a graduate student who is not the birth parent and who chooses to take a leave of absence because of the birth of his or her child a period consistent with the policies of the postsecondary educational institution, or a period of one month, whichever period is longer, to prepare for and take preliminary and qualifying examinations, and an extension of at least one month toward normative time to degree while he or she is in candidacy for a graduate degree, unless a longer period or extension is medically necessary to care for his or her partner or their child.end insert
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 periodbegin delete of a duration determined byend deletebegin insert that is consistent with the policies ofend insert the postsecondary educational institution, or a period ofbegin delete 2-academic-year semester terms or 3-academic-year trimester terms,end deletebegin insert up to one
academic year,end insert
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.begin insert The bill would also provide that an enrolled graduate student in good academic standing who is not the birth parent and who chooses to take a leave of absence because of the birth of his or her child would return to his or her program in good academic standing following a leave period that is consistent with the policies of the postsecondary educational institution, or a period of up to one month, whichever period is longer, subject to the reasonable administrative requirements of the institution.end insert
The bill would require each postsecondary educational institution to have a written policy on pregnancy discrimination and procedures for addressing pregnancy discrimination complaints under Title IX 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.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
The people of the State of California do enact as follows:
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.
7(b) In 2012, the Obama administration began an initiative to
8increase the number of women in the science, technology,
9engineering, and mathematics (STEM) fields. President Obama
10tasked the United States Department of Education to lead an
11initiative with the Department of Justice, the Department of Energy,
12the National
Aeronautics and Space Administration, the National
13Science Foundation, and the Department of Health and Human
14Services to create a common guidance program to ensure that grant
15recipients are complying with Title IX.
P4 1(c) The federal initiative focuses on women scientists, but Title
2IX compliance is also incredibly important across all academic
3fields at all colleges and universities.
4(d) Preventing pregnancy discrimination in the STEM fields is
5particularly important because it is known to hinder the
6advancement of women in these fields. For example, even though
7women represent between 35 and 40 percent of graduate students
8in chemistry, less than 13 percent of faculty at the top 50
9universities in the United States are women.
10(e) According to a survey of doctorate recipients by the National
11Science Foundation, “women who are married with children in
12the sciences are 35 percent less likely to enter a tenure track
13position after receipt of their Ph.D. than married men with children,
14and they are 27 percent less likely than their male counterparts to
15achieve tenure upon entering a tenure track job.”
16(f) The same phenomenon has appeared in non-STEM fields,
17as studies indicate that married mothers who earn Ph.D.s are 28
18percent less likely to obtain a tenure track job than are married
19men with children who earn Ph.D.s.
20(g) While attending graduate school, many graduate students
21move in and out of university employment. This affects their
22
eligibility for benefits and pregnancy accommodations, except for
23their protections under Title IX.
24(h) Many universities and colleges are not in compliance with
25Title IX, and students are unaware that they are protected from
26pregnancy discrimination.
27(i) Preventing pregnancy discrimination against graduate
28students is important for both genders so that both men and women
29can bond with new children and have a framework with which to
30approach these discussions with their academic institutions.
Section 66281.7 is added to the Education Code, 32immediately following Section 66281.5, to read:
(a) It is the policy of the State of California, pursuant
34to Section 66251, that all persons, regardless of their sex, should
35enjoy freedom from discrimination of any kind, including, but not
36limited to, pregnancy discrimination as described in Title IX of
37the Education Amendments of 1972 (20 U.S.C. Sec. 1681, et seq.),
38in the postsecondary educational institutions of the state.
39(b) Each of the following requirements shall be applicable to
40postsecondary educational institutions in this state:
P5 1(1) A postsecondary educational institution, including the
2faculty, staff, or other employees of the institution, shall
not require
3a graduate student to take a leave of absence, withdraw from the
4graduate program, or limit his or her graduate studies solely due
5to pregnancy or pregnancy-related issues.
6(2) A postsecondary educational institution, including the
7faculty, staff, or other employees of the institution, shall reasonably
8accommodate pregnant graduate students so they may complete
9their graduate courses of study and research. Reasonable
10accommodation within the meaning of this subdivision may
11include, but is not necessarily limited to, allowances for the
12pregnant student’s health and safety, such as allowing the student
13to maintain a safe distance from hazardous substances, allowing
14the student to make up tests and assignments that are missed for
15pregnancy-related reasons, or allowing a student to take a leave
16of absence. Reasonable
accommodation shall include the excusing
17of absences that are medically necessary, as required under Title
18IX.
19(3) A graduate student who chooses to take a leave of absence
20because she is pregnant or has recently given birth shall be allowed
21a period consistent with the policies of the postsecondary
22educational institution, or a period of 12 additional months,
23whichever period is longer, to prepare for and take preliminary
24and qualifying examinations and an extension of at least 12 months
25toward normative time to degree while in candidacy for a graduate
26degree, unless a longer extension is medically necessary.
27(4) A graduate student who is not the birth parent and who
28chooses to take a leave of absence because of the
birth of his or
29her child shall be allowed a period consistent with the policies of
30the postsecondary educational institution, or a period of one month,
31whichever period is longer, to prepare for and take preliminary
32and qualifying examinations, and an extension of at least one
33month toward normative time to degree while in candidacy for a
34graduate degree, unless a longer period or extension is medically
35necessary to care for his or her partner or their child.
22 36(4)
end delete
37begin insert(5)end insert An enrolled graduate student in good academic standing
38who chooses to take a leave of absence because she is pregnant or
39has recently given birth shall
return to her program in good
40academic standing following a leave periodbegin delete of a duration begin insert
consistent with the policies ofend insert the postsecondary
P6 1determined byend delete
2educational institution or of up tobegin delete two-academic-year semester begin insert one academic year,end insert
3terms or three-academic-year trimester terms,end delete
4 whichever period is longer, subject to the reasonable administrative
5requirements of the institution, unless there is a medical reason
6for a longer absence, in which case her standing in the graduate
7program shall be maintained during that period of absence.
8(6) An enrolled graduate student in good academic standing
9who is not the birth parent and who chooses to take a leave of
10absence because of the
birth of his or her child shall return to his
11or her program in good academic standing following a leave period
12consistent with the policies of the postsecondary educational
13institution, or of up to one month, whichever period is longer,
14subject to the reasonable administrative requirements of the
15institution.
16(c) Each postsecondary educational institution shall have a
17written policy on pregnancy discrimination and procedures for
18addressing pregnancy discrimination complaints under Title IX or
19this section. A copy of this policy shall be made available to
20faculty, staff, and employees in their required training. This policy
21shall be made available to all students attending orientation sessions
22at a postsecondary educational institution.
O
94