BILL ANALYSIS Ó
AB 2350
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CONCURRENCE IN SENATE AMENDMENTS
AB 2350 (Bonilla)
As Amended August 18, 2014
Majority vote
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|ASSEMBLY: |73-0 |(May 23, 2014) |SENATE: |34-0 |(August 19, |
| | | | | |2014) |
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Original Committee Reference: HIGHER ED.
SUMMARY : Establishes various requirements for postsecondary
educational institutions that are intended to prevent pregnancy
discrimination, including the prohibition of requiring a
graduate student to take a leave of absence, withdraw, or limit
the student's studies due to pregnancy related issues, as
specified.
The Senate amendments :
1)Specify that all postsecondary educational institutions shall
have a written policy for graduate students on pregnancy
discrimination and procedures for addressing pregnancy
discrimination complaints under Title IX and that said policy
shall be made available to all graduate students attending
orientation sessions at a postsecondary educational
institution.
2)Make clarifying and technical changes.
EXISTING LAW establishes the Equity in Higher Education Act to
ensure equal rights and opportunities in postsecondary
educational institutions of the state, to prohibit contrary
policies, and provide remedies for violations. Provisions
governing sex equity establish, among other requirements, that
institutions have written policies on sexual harassment that
provide procedures for reporting charges of sexual harassment
and pursuing remedies (Education Code Section 66281.5).
FISCAL EFFECT : According to the Senate Appropriations
Committee, the effect of this bill would be minor and
absorbable, if any, costs to the University of California (UC)
and California State University (CSU) campuses.
AB 2350
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COMMENTS : Background. Title IX of the Education Amendments of
1972 (20 United States Code Section 1681, et seq.) among many
things, 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 United States Department of Education's
regulations implementing Title IX (34 Code of Federal
Regulations Section 106.40(a) and (b), et seq.) 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.
Purpose of the bill. According to the author, California
invests millions of dollars training graduate students in
science, technology, engineering, and mathematics (STEM) fields,
but many of the state's universities are not retaining these
students nor supporting them in their endeavors to work in STEM
fields, in part because they are not in compliance with Title
IX.
The author states, "AB 2350 seeks to increase the number of
women in STEM fields by raising awareness that pregnancy
discrimination is included in the federal Title IX standards.
This bill aims to increase the number of women that stay in STEM
fields after graduation and who will serve as mentors for women
who enter STEM fields." The author contends that this measure
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 : Jeanice Warden / HIGHER ED. / (916)
AB 2350
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319-3960
FN: 0004949