BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                            



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                                    THIRD READING


          Bill No:  AB 2350
          Author:   Bonilla (D), et al.
          Amended:  8/18/14 in Senate
          Vote:     21


           SENATE EDUCATION COMMITTEE  :  6-0, 6/25/14
          AYES:  Liu, Wyland, Correa, Hancock, Huff, Monning
          NO VOTE RECORDED:  Block

           SENATE APPROPRIATIONS COMMITTEE  :  6-0, 8/14/14
          AYES:  De León, Gaines, Hill, Lara, Padilla, Steinberg
          NO VOTE RECORDED:  Walters

           ASSEMBLY FLOOR  :  73-0, 5/23/14 (Consent) - See last page for  
            vote


           SUBJECT  :    Prevention of pregnancy discrimination

           SOURCE  :     American Association of University Women
                      UAW Local 4123
                      UAW Local 5810


           DIGEST  :    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/her  
          studies due to pregnancy or pregnancy-related issues.

           ANALYSIS  :    Existing 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  
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          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)

          Existing 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 Section 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.

          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;


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             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 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% of graduate  
               students in chemistry, less than 13% of faculty at the top  
               50 universities in the United States are women.

          1.Provides that it is the policy of the State of California 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.

          2.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/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  

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               distance from hazardous substances, 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/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/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 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/her child shall  
               return to his/her program in good academic standing  

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               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 for graduate students on pregnancy  
               discrimination and procedures for addressing pregnancy  
               discrimination complaints under Title IX or provisions of  
               this bill.  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.

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  Yes    
          Local:  No

          According to the Senate Appropriations Committee:

           Graduate student policies:  Minor and absorbable, if any,  
            costs to the UC and CSU campuses; these requirements are  
            generally consistent with existing policies of the UC and CSU.

           SUPPORT  :   (Verified  8/18/14)

          American Association of University Women (co-source)
          UAW Local 4123 (co-source) 
          UAW Local 5810 (co-source)
          All Saints Church Foster Care Project
          American Civil Liberties Union of California
          California Catholic Conference of Bishops
          California Communities United Institute
          California Conference of Machinists
          California Conference of the Amalgamated Transit Union
          California Girls in STEM Collaborative
          California Nurses Association
          California Science Teachers Association
          California Teamsters Public Affairs Council
          California Women's Law Center
          Contra Costa County Office of Education
          Engineers & Scientists, IFPTE Local 20
          International Longshore and Warehouse Union, Coast Division
          National Nurses United

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          Planned Parenthood
          Professional & Technical Engineers, IFPTE Local 21
          TechHive Teen Pre-College Engineering Program
          UC Hastings College of the Law
          UNITE HERE
          University Council - American Federation of Teachers
          University of California
          University of California Student Association
          University of California, Berkeley School of Law 
          Utility Workers Union of America, Local 132 
          Women's International League for Peace and Freedom - Santa Cruz  
          Branch


           ASSEMBLY FLOOR  :  73-0, 5/23/14
          AYES:  Achadjian, Alejo, Allen, Ammiano, Bigelow, Bloom,  
            Bocanegra, Bonta, Bradford, Brown, Buchanan, Ian Calderon,  
            Campos, Chau, Chávez, Chesbro, Conway, Cooley, Dababneh,  
            Dahle, Daly, Dickinson, Donnelly, Eggman, Fong, Fox, Frazier,  
            Beth Gaines, Garcia, Gatto, Gomez, Gonzalez, Gordon, Gorell,  
            Gray, Grove, Hagman, Hall, Holden, Jones, Jones-Sawyer,  
            Levine, Linder, Logue, Lowenthal, Maienschein, Mansoor,  
            Medina, Mullin, Muratsuchi, Nazarian, Olsen, Pan, Patterson,  
            Perea, John A. Pérez, Quirk, Quirk-Silva, Rendon,  
            Ridley-Thomas, Rodriguez, Salas, Skinner, Stone, Ting, Wagner,  
            Waldron, Weber, Wieckowski, Wilk, Williams, Yamada, Atkins
          NO VOTE RECORDED:  Bonilla, Harkey, Roger Hernández, Melendez,  
            Nestande, V. Manuel Pérez, Vacancy


          PQ:JG:e  8/18/14   Senate Floor Analyses 

                           SUPPORT/OPPOSITION:  SEE ABOVE

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