BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | AB 2350|
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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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