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 Page 2 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, AB 2350 Page 3 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