BILL ANALYSIS Ó ----------------------------------------------------------------- |SENATE RULES COMMITTEE | AB 2350| |Office of Senate Floor Analyses | | |1020 N Street, Suite 524 | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ----------------------------------------------------------------- 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 CONTINUED AB 2350 Page 2 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; CONTINUED AB 2350 Page 3 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 CONTINUED AB 2350 Page 4 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 CONTINUED AB 2350 Page 5 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 CONTINUED AB 2350 Page 6 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 **** END **** CONTINUED