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  








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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