BILL ANALYSIS Ó
AB 2350
Page 1
Date of Hearing: April 22, 2014
ASSEMBLY COMMITTEE ON HIGHER EDUCATION
Das Williams, Chair
AB 2350 (Bonilla) - As Amended: April 7, 2014
SUBJECT : Postsecondary education: Equity in Higher Education
Act: prevention of pregnancy discrimination.
SUMMARY : Prohibits postsecondary educational institutions,
including 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; and, expresses various legislative
findings and declarations relating to pregnancy discrimination,
specifically women in science, technology, engineering, and
mathematics (STEM) graduate programs. Specifically, this bill :
1)Expresses 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 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
AB 2350
Page 2
though women represent between 35% and 40% of graduate
students in chemistry, less than 13% 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% less likely to enter a
tenure track position after receipt of their Ph.D. than
married men with children, and they are 27% 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% 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; and,
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.
2)Specifies the composition of a postsecondary educational
institution includes, the faculty, staff, or other employees
of the institution and that collectively they 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; and, that they shall reasonably accommodate pregnant
graduate students so that the students may complete their
graduate courses of study and research.
3)Specifies that the reasonable accommodations may also include
the excusing of absences that are medically necessary, as is
AB 2350
Page 3
already required under Title IX.
4)Specifies that a 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; and, shall maintain her standing in the graduate
program during an absence for a period consistent with the
polices 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.
5)Authorizes a graduate student who chooses to take a leave of
absence because she is pregnant or has recently given birth
to be allowed a period consistent with the policies of the
postsecondary educational institutions, or a period of 12
additional months, whichever period is longer, to prepare for
and pass 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.
6)Specifies that each postsecondary educational institution in
the state shall include and provide notification, as
specified, on its prohibition against sexual harassment and
pregnancy discrimination as forms of sexual discrimination.
7)Specifies that each postsecondary educational institution's
written policy on sexual harassment shall include procedures
for Title IX pregnancy discrimination complaints; and, shall
include the name and contact information of the institution's
Title IX compliance officer.
8)Makes technical and clarifying changes to existing law.
EXISTING LAW establishes the Equity in Higher Education Act to
ensure equal rights and opportunities in postsecondary
educational institutions of the state, to prohibit contrary
policies, and provide remedies for violations. Provisions
governing sex equity establish, among other requirements, that
institutions have written policies on sexual harassment that
provide procedures for reporting charges of sexual harassment
and pursuing remedies (Education Code § 66281.5).
AB 2350
Page 4
FISCAL EFFECT : Unknown
COMMENTS : Background . Title IX of the Education Amendments of
1972 (20 U.S.C. § 1681, et seq.) among many things, provides
that no person in the United States shall, on the basis of sex,
be excluded from participation in, be denied the benefits of, or
be subjected to discrimination under any education program or
activity receiving federal financial assistance. The U.S.
Department of Education's regulations implementing Title IX (34
C. F. R. § 106.40(a) and (b), et seq.) specifically prohibits
discrimination against a student based on pregnancy, childbirth,
false pregnancy, termination of pregnancy, or recovery from any
of these conditions. Under Title IX, it is illegal for schools
to exclude a pregnant student from participating in any part of
an educational program, including, but not limited to, specific
classes, extracurricular programs, honor societies, and
opportunities for student leadership. Additionally, a school
must make adjustments to its educational program in order to
ensure a pregnant student has access to its programs.
Women in STEM . According to the 2010 "Survey of Doctorate
Recipients," conducted by the National Science Foundation, the
desire to start a family is one of the biggest reasons women
exit the STEM pipeline. The survey found that even though women
represent between 35% and 40% of graduate students in chemistry,
less than 13% of faculty members at the top 50 universities are
women. Additionally, the survey found that married women with
children are 35% less likely to begin a tenure track faculty
position in a STEM field after earning their Ph.D. than married
men with children.
According to the University of California at Berkeley Law Earl
Warren Institute on Law and Social Policy (Institute), in the
STEM fields, preventing pregnancy discrimination is of utmost
importance because women are not advancing in the field at the
same rates as men, largely because of pregnancy and family
concerns. The Institute finds that women now represent a large
part of the talent pool for research science, but many data
sources indicate that they are more likely than men to "leak"
out of the pipeline in the sciences before obtaining tenure at a
college or university. The Institute opines that Title IX
protection is particularly vital for working students because
Title IX also requires pregnancy leave for educational programs
as well as the workplace.
AB 2350
Page 5
Purpose of the bill . According to the author, California
invests millions of dollars training graduate students in STEM
fields, but many of the state's universities are not retaining
these students nor supporting them in their endeavors to work in
STEM fields, in part because they are not in compliance with
Title IX.
The author states, "AB 2350 seeks to increase the number of
women in STEM fields by raising awareness that pregnancy
discrimination is included in the federal Title IX standards.
This bill aims to increase the number of women that stay in STEM
fields after graduation and who will serve as mentors for women
who enter STEM fields." The author contends that this measure
highlights why pregnancy discrimination is still a critical
problem in higher education in the present day. Additionally,
the author argues that this measure will help to ensure that
graduate students are aware that Title IX includes more than
just athletic equity, but equitable treatment in the event of
pregnancy as well. The author states, "Increasing awareness is
the first step to retaining our female graduate students and
developing women scientists."
Clarifying amendments . As presently drafted, the measure will
allow a graduate student who chooses to take a leave of absence
because she is pregnant or has recently given birth to 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 pass preliminary and qualifying examinations.
According to the author, the intent of the aforementioned is not
to create inequity between male and female STEM graduate
students, but to ensure female STEM graduate students, as
specified, be given the necessary time to take their exams
within the additional time they are given to prepare. Committee
staff recommends that the bill be amended to delete the
reference to the additional time given to pass preliminary and
qualifying examinations and instead be replaced with: and take
preliminary and qualifying examinations.
Additionally, as presently drafted, the measure references the
terms "status" and "standing" without defining them and
throughout the measure interchanges the use of the two words;
this could result in ambiguity and a varied way of how it will
be implemented and enforced on various campuses of higher
AB 2350
Page 6
education. Committee staff recommends that the author continue
to work with staff and affected stakeholders in order to come up
with clarifying language.
REGISTERED SUPPORT / OPPOSITION :
Support
American Civil Liberties Union of California
California Catholic Conference of Bishops
California Communities United Institute
California Conference of the Amalgamated Transit Union
California Conference of Machinists
California Nurses Association
California Science Teachers Association
California Teamsters Public Affairs Council
California Women's Law Center
Center for WorkLife Law - University of California Hastings
College of the Law
Engineers & Scientists, IFPTE Local 20
International Longshore and Warehouse Union, Coast Division
Planned Parenthood
Professional & Technical Engineers, IFPTE Local 21
UAW Local 4123 (co-sponsor)
UAW Local 5810 (co-sponsor)
UNITE HERE
University of California at Berkeley Law Earl Warren Institute
on Law and Social Policy
University of California Student Association
University Council - American Federation of Teachers
Utility Workers Union of America, Local 132
Women's International League for Peace and Freedom (Santa Cruz
Branch)
2 Individuals
Opposition
None on file.
Analysis Prepared by : Jeanice Warden / HIGHER ED. / (916)
319-3960
AB 2350
Page 7