BILL ANALYSIS Ó
AB 2350
Page 1
Date of Hearing: May 14, 2014
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Mike Gatto, Chair
AB 2350 (Bonilla) - As Amended: May 8, 2014
Policy Committee: Higher
EducationVote:13-0
Urgency: No State Mandated Local Program:
No Reimbursable:
SUMMARY
This bill prohibits postsecondary education institutions from
requiring a graduate student to take a leave of absence,
withdraw from a graduate program, or limit his or her studies
due to pregnancy or pregnancy-related issues. Specifically,
this bill:
1) Requires institutions to reasonably accommodate pregnant
graduate students so they may complete their graduate
education programs.
2) Stipulates that an enrolled graduate student in good
academic standing who chooses a leave of absence due to
pregnancy, or who has recently given birth, shall return to
her program in good academic standing following a leave
period determined by the institution of up to two academic
semesters, whichever is longer. A longer absence may be
authorized for medical reasons.
3) Stipulates that a graduate student per (2) shall be
allowed a period consistent with the institution's policies
or 12 additional months, whichever is longer, to prepare
for and take preliminary and qualifying examinations, and a
12-month extension toward the normative time to degree,
unless a longer extension is medically necessary.
4) Requires every institution to have a written policy on
pregnancy discrimination and procedures for Title IX
pregnancy discrimination complaints and the name and
contact information of the institution's Title IX
compliance officer, and requires the policy to be made
AB 2350
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available to all students attending orientation sessions.
FISCAL EFFECT
Any costs to UC and CSU should be minor and absorbable, as the
bill is generally consistent with current policies.
COMMENTS
1) Background . Title IX of the Education Amendments of 1972
in part 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 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.
According to the University of California at Berkeley Law Earl
Warren Institute on Law and Social Policy (Institute), in the
STEM fields (science, technology, engineering, and
mathematics), 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.
2) Purpose . The author contends that this bill, which
applies to all graduate programs and not only STEM fields,
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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."
Analysis Prepared by : Chuck Nicol / APPR. / (916) 319-2081