BILL ANALYSIS Ó
SENATE COMMITTEE ON EDUCATION
Carol Liu, Chair
2013-2014 Regular Session
BILL NO: AB 2350
AUTHOR: Bonilla
AMENDED: June 18, 2014
FISCAL COMM: Yes HEARING DATE: June 25, 2014
URGENCY: No CONSULTANT:Lenin Del Castillo
SUBJECT : Prevention of pregnancy discrimination.
SUMMARY
This bill establishes various requirements for
postsecondary education institutions that are intended to
prevent pregnancy discrimination, including the requirement
for them to not require a graduate student to take a leave
of absence, withdraw, or limit his or her studies due to
pregnancy related issues.
BACKGROUND
Current federal law (Title IX) provides that, in part, "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 educational
program of activity receiving Federal financial
assistance." In order to be in compliance with Federal
Title IX, a school must show compliance with one of these
three parts. The federal tests are:
1) Athletic participation of women and girls is
proportionate to enrollment.
2) The school has a history and continuing practice of
program expansion for women or girls.
3) The school is fully meeting female athletes' interests
and abilities in its present athletic program. (Title
IX of the Education Amendments of 1972 to the 1964
Civil Rights Act)
AB 2350
Page 2
Current state law establishes standards virtually identical
to those of Federal Title IX, with one modification: in
Test 2, "history" is defined to mean the past two years.
(Education Code § 230)
Each school district and county office of education, or a
local public or private agency that receives funding from
the state or federal government, is required to designate a
person to serve as the Title IX compliance coordinator to
enforce compliance at the local level, including
coordinating any complaints of non-compliance. (Title IX
of the Education Amendments of 1972 to the 1964 Civil
Rights Act; California Code of Regulations, Title 5,
Section 4910)
Title IX applies to all aspects of educational
opportunities, not just athletics. Enforcement of
compliance is initiated upon the filing of a complaint
alleging a violation of Title IX.
ANALYSIS
This bill:
1) Specifies various findings and declarations of the
Legislature, including 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
AB 2350
Page 3
are complying with Title IX; and
c) 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.
2) Provides that 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 (U.S.C.
Sec. 1681, et seq.), in the postsecondary educational
institutions of the state.
3) Provides that each of the following requirements shall
be applicable to postsecondary educational
institutions in this state:
a) 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.
b) 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,
AB 2350
Page 4
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.
c) 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.
d) 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 of extension is
medically necessary to care for his or her
partner or their child.
e) 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
AB 2350
Page 5
a medical reason for a longer absence, in which
case her standing in the graduate program shall
be maintained during that period of absence.
f) 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.
g) Each postsecondary educational
institution shall have a written policy 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 students
attending orientation sessions at a postsecondary
educational institution.
STAFF COMMENTS
1) Need for the bill . According to the National Science
Foundation's Survey of Doctorate Recipients in 2010,
the desire to start a family is one of the biggest
reasons women exit the Science, Technology,
Engineering, and Mathematics (STEM) pipeline. The
survey found that even though women represent
approximately 40 percent of graduate students in
Chemistry, less than 13 percent of faculty members at
the top 50 universities are women. The survey also
found that married women with children are 35 percent
less likely to begin a tenure track faculty position
in a STEM field after earning their Ph.D. than married
men with children.
The author's office indicates that "many students find
themselves in graduate school at the same time they
AB 2350
Page 6
would like to start a family. This is especially
problematic in STEM fields where lab work can be
difficult to continue while pregnant." The author
further argues that most colleges and universities do
not provide leave for pregnant graduate students nor
do they always accommodate pregnancy by guaranteeing a
student's spot in the graduate program upon her
return. The author indicates that this could be the
main reason why women exit the STEM fields.
2) Gender equity . Title IX of the Education Amendments
of 1972 (U.S.C. Sec. 1681, et seq.) requires gender
equity in every educational program or activity
receiving federal financial assistance. Specifically,
it 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. While it is best known for providing
equity to male and female athletics, the regulations
implementing Title IX (34 C.F.R Sec. 106.40(a) and
(b), et seq.) prohibits discrimination against a
student based on pregnancy, childbirth, false
pregnancy, termination or pregnancy, or recovery from
any of these conditions. It is illegal for schools to
exclude a pregnant student from participating in any
part of an educational program, including classes,
extracurricular programs, honor societies, and
opportunities for student leadership.
This bill seeks to increase the number of women in
Science, Technology, Engineering, and Mathematics
(STEM) fields by raising awareness that pregnancy
discrimination is included in the federal Title IX
policies and by requiring postsecondary institutions
to adopt measures to implement those policies.
3) Related legislation . AB 2512 (Bonilla) authorizes,
beginning January 1, 2018, school districts and county
offices of education to include information relative
to compliance with Title IX gender equity in the
"school climate" category of local control and
accountability plans. This bill is pending on the
Senate Floor.
AB 2350
Page 7
SUPPORT
All Saints Church Foster Care Project
American Association of University Women (co-sponsor)
American Civil Liberties Union of California
Associated Students of the University of California, Davis
CA Conference Board of the Amalgamated Transit Union
CA Conference of Machinists
California Catholic Conference, Inc.
California Communities United Institute
California Legislative Women's Caucus
California Nurses Association
California Science Teachers Association
California State Student Association
California Teamsters Public Affairs Council
California Women's Law Center
Contra Costa County Office of Education
Education Trust-West
Engineers & Scientists of CA
International Longshore & Warehouse Union
Planned Parenthood
Professional & Technical Engineers
UAW Local 4123 (co-sponsor)
UAW Local 5810 (co-sponsor)
UNITE-HERE
University Council - American Federation of Teachers
University of California
University of California Berkeley School of Law
University of California Hastings College of the Law
University of California Student Association
Utility Workers Union of America
Women's International League for Peace and Freedom
Letter from an individual
OPPOSITION
None on file.