BILL NUMBER: SB 1014 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY JUNE 29, 2016
AMENDED IN SENATE JUNE 1, 2016
AMENDED IN SENATE MARCH 29, 2016
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 amended, 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 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 the
governing board of a school district to allow a parenting pupil who
gives or expects to give birth up to 6 weeks of parental leave and to
allow a parenting pupil not giving birth up to 3 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. leave,
and would specify the method for crediting average daily attendance
for these pupils.
(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 specified rights and options available to those
pupils, 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 fewer than 4 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 protect 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 pushout 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 General
Education Development (GED) credential, 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 available pursuant to Title IX of
the federal Education Amendments of 1972 (20 U.S.C. Sec. 1681 et
seq.) and Sections 222, 46015, and 48206.3 through annual school year
welcome packets pursuant to Section 48980, through independent study
packets, on the school district's Internet Web site, in lactation
rooms, and in locker rooms.
SEC. 3. Section 46015 is added to the Education Code, to read:
46015. (a) The governing board of a school district may allow a
parenting pupil who gives or expects to give birth up to six weeks of
parental leave and may allow a parenting pupil not giving birth up
to three weeks of parental leave after the birth. The length of leave
shall be determined by the pupil and shall not exceed the length of
time allowed by this subdivision.
(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) For purposes of calculating average daily attendance for a
pupil on parental leave, one day of attendance shall be credited for
each day on which at least one hour is
spent on activities related to the instruction of that
pupil. A pupil on parental leave shall not be credited with
more than one day of attendance per calendar day.
pupil, with a maximum equivalent of the limits specified in
subdivision (a). For purposes of this paragraph, "activities
related to the instruction of that pupil" means activities that
require contact with the pupil.
(3) 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 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.
(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 that 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 state board.
(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. Temporary
disability also includes pregnancy, childbirth, false pregnancy,
termination of pregnancy, and recovery therefrom. 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) A pupil shall not 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 hospital.
(b) Upon receipt of notification pursuant to subdivision (a), a
school district shall do all of the following:
(1) (A) 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.
(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.
(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 school 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.