Senate Bill No. 1014

Introduced by Senator Liu

February 11, 2016

An act to amend Sections 48205, 48206.3, and 48208 of, and to add Sections 222.5 and 46015 to, the Education Code, relating to pupil rights.

LEGISLATIVE COUNSEL’S DIGEST

SB 1014, as introduced, Liu. Pupil rights: pregnant and parenting pupils.

(1) Existing law requires a pupil to be excused from school for specified types of absences and prohibits those excused absences from generating state apportionment payments by deeming them as absences in computing average daily attendance.

This bill would include as another type of excused absence 4 absences per school year to care for a sick child, for which the school is prohibited from requiring a note from a doctor. The bill would authorize a school to allow a parenting pupil who gives birth up to 6 weeks of parental leave for births without complications or 8 weeks of parental leave for Caesarian section births and to allow a parenting pupil not giving birth up to 4 weeks of parental leave. The bill would specify that parental leave absences shall not be deemed absences in computing average daily attendance if the governing board of the school district of attendance files with the State Department of Education an expectant and parenting pupil policy that includes procedures for ensuring pupils are provided with schoolwork while on parental leave.

(2) Existing state regulations require an educational institution to treat pregnancy, childbirth, false pregnancy, termination of pregnancy and recovery from those conditions in the same manner and under the same policies as any other temporary disability. Existing law requires a school district that receives notification of a pupil’s temporary disability to determine whether the pupil will be able to receive individualized instruction, and, if the determination is positive, to provide the individualized instruction, as specified.

This bill would require a school district to provide a pupil with a temporary disability as a result of pregnancy with guidelines for makeup work plan development if the option for individualized instruction is not available at the pupil’s school or school district.

(3) Existing law prohibits discrimination on the basis of disability, gender, or other specified characteristics in any program or activity conducted by an educational institution that receives, or benefits from, state financial assistance or enrolls pupils who receive state financial aid.

This bill would require a school district to notify pregnant and parenting pupils of their rights and options, as specified.

(4) To the extent that this bill would impose additional duties on school districts, the bill would impose a state-mandated local program.

(5) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.

The people of the State of California do enact as follows:

SECTION 1.  

The Legislature finds and declares all of the
following:

(a) In 2012 about 35,000 children were born to 15 to 19 year
olds in California. Nationwide, 70 percent of young parents are
pushed out of school, and less than four in 10 young mothers
graduate from high school by 18 years of age.

(b) Title IX of the federal Education Amendments of 1972 (20
U.S.C. Sec. 1681 et seq.) and California law protects all pupils’
rights to equal educational opportunities regardless of sex. Yet,
only some of California’s school districts provide pregnant and
parenting pupil programs.

(c) Pregnant and parenting pupils face overwhelming,
system-enforced obstacles to graduating and receiving an education
of equal quality to that of their peers that vary across school
districts and include all of the following:

(1) Inconsistent access to excused “family leave” absences to
care for new infants during the critical period of early child
development, with male parents often having no access.

(2) Involuntary push-out due to high absence rates related to
pregnancy and parenting responsibilities.

(3) Rigid requirements to verify excused absences to care for a
sick child.

(4) Allowed “reasonable” amount of time to make up work is
defined by the school districts and not to the individual
circumstances or to support a pupil’s goal to graduate.

(5) Varying levels of support and engagement from schools
while pupils are absent.

(6) Encouragement to pursue independent study that may not
fulfill the “A-G” admission requirements for the California State
University and the University of California or have inconsistent
and rigorous attendance policies.

(7) Parenting pupils’ lack of awareness of their rights under
Title IX of the federal Education Amendments of 1972 (20 U.S.C.
Sec. 1681 et seq.) and California law, as well as pupils’ different
educational options during pregnancy, postpartum, and as a parent.

(d) While California has an 80 percent high school graduation
rate, only 38 percent of young moms who have a child before they
are 18 years of age graduate from high school, 19 percent get a
GED, and only 2 percent go to college before 30 years of age.

(e) Educational challenges set the stage for economic hardship:
the median income for women over 25 years of age without a high
school degree is $15,021, less than 53 percent of that of their peers’
median income of $31,904.

(f) Nearly 60 percent of mothers under 19 years of age live in
poverty.

(g) Children of teen mothers tend to struggle more in school,
are less likely to complete high school, have lower performance
on standardized tests, and are more likely to enter the foster care
system and become teen parents themselves.

(h) Studies show that pregnancy can motivate pupils to complete
school and pursue postsecondary education.

(i) Further, bonding time is critical for an infant’s long-term
development and the well-being of parents. California has
acknowledged the importance of bonding time and paved the way
in supporting bonding within working families.

(j) Since 2004, workers have been entitled to up to six weeks
of family leave to bond with their children. Working families
benefit significantly from bonding time. Parenting pupils and their
infants, some of our most vulnerable citizens, should not have to
choose between their family and education.

SEC. 2.  

Section 222.5 is added to the Education Code, to read:

222.5.  

A school district shall notify pregnant and parenting
pupils of their rights and options through annual school year
welcome packets, through independent study packets, online, in
lactation rooms, in locker rooms, and in libraries.

SEC. 3.  

Section 46015 is added to the Education Code, to read:

46015.  

(a) A school may allow a parenting pupil who gives
birth up to six weeks of parental leave for births without
complications or eight weeks of parental leave for Caesarian section
births and may allow a parenting pupil not giving birth up to four
weeks of parental leave after the birth.

(b) (1) Absences allowed pursuant to this section shall not be
deemed absences in computing average daily attendance pursuant
to Section 42238.5 if the governing board of the school district of
attendance files an expectant and parenting pupil policy, including
procedures for ensuring pupils are provided with schoolwork while
on parental leave, with the department.

(2) An expectant and parenting pupil policy shall require a pupil
to submit a parental leave request form, similar or the same as
request forms used to request temporary disability time off, to the
pupil’s school before the end of the pregnant pupil’s second
trimester. A school shall process a request within five business
days and provide makeup work plan development process
guidelines to a pupil in conjunction with the positive determination
of parental leave.

SEC. 4.  

Section 48205 of the Education Code is amended to
read:

48205.  

(a) Notwithstanding Section 48200, a pupil shall be
excused from school when the absence is:

(1) Due to his or her illness.

(2) Due to quarantine under the direction of a county or city
health officer.

(3) For the purpose of having medical, dental, optometrical, or
chiropractic services rendered.

(4) For the purpose of attending the funeral services of a member
of his or her immediate family, so long as the absence is not more
than one day if the service is conducted in California and not more
than three days if the service is conducted outside California.

(5) For the purpose of jury duty in the manner provided for by
law.

(6) Due to the illness or medical appointment during school
hours of a child of whom the pupil is the custodial begin delete parent. end delete begin insert parent,
including up to four absences per school year to care for a sick
child, for which the school shall not require a note from a doctor. end insert

(7) For justifiable personal reasons, including, but not limited
to, an appearance in court, attendance at a funeral service,
observance of a holiday or ceremony of his or her religion,
attendance at religious retreats, attendance at an employment
conference, or attendance at an educational conference on the
legislative or judicial process offered by a nonprofit organization
when the pupil’s absence is requested in writing by the parent or
guardian and approved by the principal or a designated
representative pursuant to uniform standards established by the
governing board.

(8) For the purpose of serving as a member of a precinct board
for an election pursuant to Section 12302 of the Elections Code.

(9) For the purpose of spending time with a member of the
pupil’s immediate family, who is an active duty member of the
uniformed services, as defined in Section 49701, and has been
called to duty for, is on leave from, or has immediately returned
from, deployment to a combat zone or combat support position.
Absences granted pursuant to this paragraph shall be granted for
a period of time to be determined at the discretion of the
superintendent of the school district.

(b) A pupil absent from school under this section shall be
allowed to complete all assignments and tests missed during the
absence that can be reasonably provided and, upon satisfactory
completion within a reasonable period of time, shall be given full
credit therefor. The teacher of the class from which a pupil is absent
shall determine which tests and assignments shall be reasonably
equivalent to, but not necessarily identical to, the tests and
assignments that the pupil missed during the absence.

(c) For purposes of this section, attendance at religious retreats
shall not exceed four hours per semester.

(d) Absences pursuant to this section are deemed to be absences
in computing average daily attendance and shall not generate state
apportionment payments.

(e) “Immediate family,” as used in this section, has the same
meaning as set forth in Section 45194, except that references
therein to “employee” shall be deemed to be references to “pupil.”

SEC. 5.  

Section 48206.3 of the Education Code is amended to
read:

48206.3.  

(a) Except for those pupils receiving individual
instruction provided pursuant to Section 48206.5, a pupil with a
temporary disability begin delete which end delete begin insert that end insert makes attendance in the regular
day classes or alternative education program in which the pupil is
enrolled impossible or inadvisable shall receive individual
instruction provided by the district in which the pupil is deemed
to reside.

(b) For purposes of this section and Sections 48206.5, 48207,
and 48208, the following terms have the following meanings:

(1) “Individual instruction” means instruction provided to an
individual pupil in the pupil’s home, in a hospital or other
residential health facility, excluding state hospitals, or under other
circumstances prescribed by regulations adopted for that purpose
by the begin delete State Board of Education. end delete begin insert state board. end insert

(2) “Temporary disability” means a physical, mental, or
emotional disability incurred while a pupil is enrolled in regular
day classes or an alternative education program, and after which
the pupil can reasonably be expected to return to regular day classes
or the alternative education program without special intervention.
begin insert Temporary disability also includes pregnancy, childbirth, false
pregnancy, termination of pregnancy, and recovery therefrom. end insert A
temporary disability shall not include a disability for which a pupil
is identified as an individual with exceptional needs pursuant to
Section 56026.

(c) (1) For purposes of computing average daily attendance
pursuant to Section 42238.5, each clock hour of teaching time
devoted to individual instruction shall count as one day of
attendance.

(2)  begin delete No end delete begin insert A end insert pupil shall begin insert not end insert be credited with more than five days
of attendance per calendar week, or more than the total number of
calendar days that regular classes are maintained by the district in
any fiscal year.

(d) Notice of the availability of individualized instruction shall
be given pursuant to Section 48980.

SEC. 6.  

Section 48208 of the Education Code is amended to
read:

48208.  

(a) It shall be the primary responsibility of the parent
or guardian of a pupil with a temporary disability to notify the
school district in which the pupil is deemed to reside pursuant to
Section 48207 of the pupil’s presence in a qualifying begin delete hospital. end delete
begin insert hospital, with notification before the end of the pupil’s second
trimester by a parent or guardian of a pupil with a temporary
disability as a result of pregnancy. end insert

(b) Upon receipt of notification pursuant to subdivision (a), a
school district shall do all of the following:

(1)  begin insert (A) end insert begin insert   end insert Within five working days of receipt of the notification,
determine whether the pupil will be able to receive individualized
instruction, and, if the determination is positive, when the
individualized instruction may commence. Individualized
instruction shall commence no later than five working days after
the positive determination has been rendered.

begin insert

(B) A school district shall provide a pupil with a temporary
disability as a result of pregnancy with guidelines for makeup
work plan development if the option for individualized instruction
is not available at the pupil’s school or school district.

end insert

(2) Provide the pupil with individualized instruction pursuant
to Section 48206.3. The school district may enter into an agreement
with the school district in which the pupil previously attended
regular day classes or an alternative education program, to have
the school district the pupil previously attended provide the pupil
with individualized instruction pursuant to Section 48206.3.

(3) Within five working days of the commencement of
individualized instruction, provide the school district in which the
pupil previously attended regular day classes or an alternative
education program with written notice that the pupil shall not be
counted by that begin insert school end insert district for purposes of computing average
daily attendance pursuant to Section 42238.5, effective the date
on which individualized instruction commenced.

SEC. 7.  

If the Commission on State Mandates determines that
this act contains costs mandated by the state, reimbursement to
local agencies and school districts for those costs shall be made
pursuant to Part 7 (commencing with Section 17500) of Division
4 of Title 2 of the Government Code.