BILL NUMBER: AB 2350	AMENDED
	BILL TEXT

	AMENDED IN SENATE  AUGUST 18, 2014
	AMENDED IN SENATE  JUNE 18, 2014
	AMENDED IN ASSEMBLY  MAY 8, 2014
	AMENDED IN ASSEMBLY  APRIL 24, 2014
	AMENDED IN ASSEMBLY  APRIL 7, 2014
	AMENDED IN ASSEMBLY  MARCH 19, 2014

INTRODUCED BY   Assembly Member Bonilla
   (Coauthors: Assembly Members Garcia, Gonzalez, Skinner, and
Waldron)

                        FEBRUARY 21, 2014

   An act to add Section 66281.7 to 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 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. 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.
   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 that is consistent
with the policies of the postsecondary educational institution, or a
period of up to one academic year, 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. 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.
   The bill would require each postsecondary educational institution
to have a written policy  for graduate students  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  graduate  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:

  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  
within  which to approach these discussions with their academic
institutions.
  SEC. 2.  Section 66281.7 is added to the Education Code,
immediately following Section 66281.5, to read:
   66281.7.  (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) 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
shall be allowed 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 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.
   (5) 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 consistent with the policies of the
postsecondary educational institution or of up to one academic year,
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.
   (6) 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 shall return to his or her
program in good academic standing following a leave period consistent
with the policies of the postsecondary educational institution, or
of up to one month, whichever period is longer, subject to the
reasonable administrative requirements of the institution.
   (c) Each postsecondary educational institution shall have a
written policy  for graduate students  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 
graduate  students attending orientation sessions at a
postsecondary educational institution.