BILL ANALYSIS                                                                                                                                                                                                    Ó



          SENATE COMMITTEE ON EDUCATION
                              Senator Carol Liu, Chair
                                2015 - 2016  Regular 

          Bill No:             SB 1014            
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          |Author:    |Liu                                                  |
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          |Version:   |February 11, 2016                       Hearing      |
          |           |Date:    March 16, 2016                              |
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          |Urgency:   |No                     |Fiscal:    |Yes             |
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          |Consultant:|Lynn Lorber                                          |
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          Subject:  Pupil rights:  pregnant and parenting pupils


            SUMMARY
          
          This bill authorizes a school to grant parental leave to a  
          student who is a parent, and provides that such absences  
          generate average daily attendance if the school district files  
          an expectant and parenting student policy with the California  
          Department of Education.

           BACKGROUND
          
          State aid to school districts for general purposes (revenue  
          limit funding) is driven by the average daily attendance (ADA)  
          of the school district.  Average daily attendance is generated  
          by students actually attending classes "under the immediate  
          supervision" of a properly credentialed teacher.  (Education  
          Code § 46300, et seq.)

          Existing law:

          1)   Provides that excused absences shall not generate state  
               apportionment payment, but does allow the student to make  
               up any missed classroom assignments or tests during the  
               absence.  (EC § 48205)

          2)   Establishes that the absence of a student is to be excused  
               when the absence is:








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                  a)        Due to his or her illness, or quarantine under  
                    the direction of a county or city health officer.

                  b)        For the purpose of having medical, dental,  
                    optometric, or chiropractic services rendered.

                  c)        For the purpose of attending the funeral  
                    services, as specified.

                  d)        For the purpose of attending jury duty.

                  e)        Due to the illness or medical appointment of a  
                    child of whom the student is the custodial parent.


                  f)        For justifiable personal reasons, including an  
                    appearance in court, observation of a religious  
                    holiday or ceremony, or attendance at an employment or  
                    educational conference, as specified.

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

                  h)        For the purpose of spending time with an  
                    immediate family member who is an active duty member  
                    of the military, as specified.  (EC § 48205)

          1)   Defines "temporary disability" as a physical, mental, or  
               emotional disability and after which the student can  
               reasonably be expected to return to the student's classes  
               or education program without special intervention.  (EC §  
               48206.3)

          2)   Provides for home and hospital instruction for a student  
               with a temporary disability who is in a hospital or other  
               residential health facility or the student's home.  (EC §  
               48208)

          Existing state regulations prohibit an educational institution  
          from excluding or denying any student from any educational  
          program or activity solely on the basis of the student's  
          pregnancy, childbirth, false pregnancy, termination of  
          pregnancy, or recovery therefrom.  State regulations require  








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          educational institutions to treat pregnancy, childbirth, false  
          pregnancy, termination of pregnancy, and recovery therefrom in  
          the same manner and under the same policies as any other  
          temporary disabling condition.  
          (California Code of Regulations, Title 5, § 4950)

          Existing federal law, known as Title IX, prohibits  
          discrimination on the basis of sex, including pregnancy and  
          parental status, in educational programs and activities.  Title  
          IX requires schools to allow pregnant or parenting students to  
          continue participating in classes and extracurricular  
          activities, allow students to choose whether to attend special  
          programs or classes for pregnant students, excuse absences due  
          to pregnancy or childbirth for as long as the student's doctor  
          says is necessary, allow students to return to the same academic  
          and extracurricular status as before giving birth, and give  
          students the opportunity to make up any missed assignments.  
          (United States Code, Title 20, § 1681, et seq.)

          Existing federal regulations:

          1)   Prohibit a recipient of federal financial aid, including a  
               local educational agency, from discriminating against any  
               student, or exclude any student from its education program  
               or activity, on the basis of the student's pregnancy,  
               childbirth, false pregnancy, termination of pregnancy, or  
               recovery therefrom.

          2)   Require a recipient of federal financial aid to treat  
               pregnancy, childbirth, false pregnancy, termination of  
               pregnancy, and recovery therefrom in the same manner and  
               under the same polices as any other temporary disability.  

          3)   Requires a recipient of federal financial aid to treat  
               pregnancy, childbirth, false pregnancy, termination of  
               pregnancy, and recovery therefrom as a justification for a  
               leave of absence for so long a period of time as is deemed  
               medically necessary by the student's physician, at the  
               conclusion of which the student must be reinstated to the  
               status which she held when the leave began.  
          (Code of Federation Regulations, Title 34, § 106.40)

            ANALYSIS
          








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          This bill authorizes a school to grant parental leave to a  
          student who is a parent, and provides that such absences  
          generate average daily attendance if the school district files  
          an expectant and parenting student policy to the California  
          Department of Education.  Specifically, this bill:

          1)   Authorizes a school to allow a parenting student who gives  
               birth up to six weeks of parental leave for births without  
               complications or eight weeks of parental leave for  
               Caesarian section births.

          2)   Authorizes a school to allow a parenting student who did  
               not give birth (such as the father of a baby) up to four  
               weeks of parental leave after the birth.

          3)   Provides that absences due to parental leave are not deemed  
               absences in computing average daily attendance (ADA),  
               thereby allowing absences due to parental leave to generate  
               ADA.  This bill provides that absences due to parental  
               leave are to count toward calculating ADA only if the  
               governing board of the school district of attendance files  
               an expectant and parenting student policy with the  
               California Department of Education, including procedures  
               for ensuring students are provided with schoolwork while on  
               parental leave.

          4)   Requires an expectant and parenting student policy to  
               require a student to submit a parental leave request form,  
               similar or the same as request forms used to request  
               temporary disability time off, to the student's school  
               before the end of the pregnant student's second trimester.   
               This bill requires a school to process a request within  
               five business days and provide makeup work plan development  
               process guidelines to a student in conjunction with the  
               positive determination of parental leave.

          5)   Deems as an excused absence, which does not generate ADA,  
               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.  

          6)   Modifies the existing definition of "temporary disability"  
               to include pregnancy, childbirth, false pregnancy,  
               termination of pregnancy, and recovery therefrom.








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          7)   Requires the notification of the presence of a student with  
               a temporary disability in a qualifying hospital as a result  
               of pregnancy to be provided to the school district before  
               the end of the student's second trimester.  

          8)   Requires a school district to provide a student with a  
               temporary disability in a qualifying hospital as a result  
               of pregnancy with guidelines for makeup work plan  
               development if the option for individualized instruction is  
               not available at the student's school or school district.  

          9)   Requires a school district to notify pregnant and parenting  
               students 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.  

          10)  States legislative findings and declarations relative to  
               educational challenges faced by pregnant and parenting  
               students.

          STAFF COMMENTS
          
          1)   Need for the bill.  According to the author, "In 2012,  
               about 35,000 children were born to 15 to 19 year olds in  
               California.  A report from the African American Policy  
               Forum notes that pregnancy is the number one reason for  
               girls and especially girls of color to drop out of school.   
               Statistics show that only 38% of young moms who have a  
               child before they are 18 graduate from high school, 19% get  
               a GED, and only 2% go to college before age 30.  Policies  
               that help to keep pregnant and parenting students in school  
               will help to improve economic and health outcomes for these  
               young families.  

          2)   Existing leave options for pregnant or parenting students.   
               Existing state and federal regulations require educational  
               institutions to treat pregnancy, childbirth, false  
               pregnancy, termination of pregnancy, and recovery therefrom  
               in the same manner and under the same policies as any other  
               temporary disabling condition.  Existing law requires that  
               a student with a temporary disability that makes attendance  
               impossible or inadvisable receive individual instruction  








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               provided by the school district in which the student is  
               deemed to reside.  Individual instruction for students with  
               a temporary disability is included in the computation of  
               average daily attendance (ADA).  

          This bill modifies the definition of "temporary disability" to  
               specifically include pregnancy, childbirth, false  
               pregnancy, termination of pregnancy, and recovery  
               therefrom.  The modified definition is consistent with  
               existing state regulations.

          Existing law provides for home and hospital instruction for a  
               student with a temporary disability who is in a hospital or  
               other residential health facility or the student's home.   
               The student's school district is required to determine  
               whether the student will be able to receive individualized  
               instruction.

          This bill requires a school district to provide a student with a  
               temporary disability as a result of pregnancy and who is on  
               home and hospital instruction with guidelines for makeup  
               work plan development if the option for individualized  
               instruction is not available at the student's school or  
               school district.

          3)   What new options are created for students?  This bill  
               creates additional options for pregnant and parenting  
               student to be home from school to recover and bond with a  
               new baby.  First, it creates the ability for fathers to be  
               eligible for parental leave.  Second, while federal law  
               requires the student's physician to determine the length of  
               leave medically necessary, this bill would not require that  
               the length of the leave be subject to a determination of  
               medical necessity by a physician.
          4)   Net effect. Existing law authorizes a student with a  
               temporary disability to receive individual instruction and  
               provides that each clock hour of this teaching time counts  
               as one day of attendance.  In addition to the new options  
               created for student parents, this bill requires a school to  
               ensure a student on parental leave is provided with school  
               work and authorizes a school district to generate average  
               daily attendance (ADA) for the duration of the student's  
               parental leave.  This bill does not, however, require the  
               school to provide direct instruction or to provide  








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               oversight of instructional activities in order to generate  
               the ADA.  The committee may wish to consider:

               a)        Should the school or district be expected to  
                    provide any instruction or support to students who are  
                    on parental leave in order to generate ADA?

               b)        Does allowing schools to claim ADA funding  
                    without requiring direct instruction provide  
                    sufficient incentive for schools to better serve  
                    parenting students while the student is on leave?

               c)        Should students be required to complete any  
                    classwork provided while on leave in order for the  
                    school district to claim ADA?

               d)        Should medical documentation be required to  
                    support a student's request for parental leave?

               e)        Should fathers be required to provide a birth  
                    certificate proving their parental status? 

          5)   How much time for parental leave?  This bill authorizes a  
               school to allow a parenting student who gives birth up to  
               six weeks of parental leave for births without  
               complications or eight weeks of parental leave for  
               Caesarian section births.  This bill authorizes a school to  
               allow a parenting student who did not give birth (the  
               father) up to four weeks of parental leave after the birth.  
                Paid Family Leave, administered by the Employment  
               Development Department, provides up to six weeks of  
               benefits within a 12 month period for eligible employees.

          This bill is silent with regard to who will determine the length  
               of parental leave.  Staff recommends an amendment to  
               clarify that the student is to determine the length of  
               leave, up to the length of time authorized pursuant to this  
               bill.  

          6)   Notice of rights.  Title IX requires schools to provide  
               non-discrimination notification in specified school  
               publications.  Existing state law requires the California  
               Department of Education (CDE) to post Title IX information  
               on its website.  Existing law authorizes the CDE to use a  








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               list of rights that are based on Title IX to meet  
               notification requirements.  

          This bill requires a school district to notify pregnant and  
               parenting students of their rights and options through  
               annual school year welcome packets, independent study  
               packets, online, in lactation rooms, in locker rooms, and  
               in libraries.  Staff recommends amendments as follows:

               a)        Clarify that the rights are those pursuant to  
                    Title IX, the requirement that schools provide  
                    reasonable accommodations to a lactating student  
                    pursuant to Education Code section 222, temporary  
                    disability pursuant to Section 48206.3, and the  
                    parental leave option proposed by this bill.

               b)        Clarify that the "annual school year welcome  
                    packets" are the currently-required annual  
                    notifications to parents regarding rights and  
                    responsibilities pursuant to Education Code section  
                    48980.

               c)        Clarify that "online" means the school district's  
                    website.

               d)        Clarify that the notice is to be posted in school  
                    libraries.

               e)        Require the notification to also be provided as  
                    part of the makeup work plan development process  
                    guidelines pursuant to this bill.  

          7)   Home and Hospital Instruction.  The Home and Hospital  
               Instruction Program provides instruction to a student with  
               a temporary disability in the student's home or in a  
               hospital or other residential health facility.  This bill  
               requires the notification of the presence of a student with  
               a temporary disability in a qualifying hospital as a result  
               of pregnancy to be provided to the school district before  
               the end of the student's second trimester.  It is unclear  
               why it is necessary, and if it is feasible, for a student  
               who is in need of home or hospital instruction to provide  
               notification to the school district prior to the end of the  
               student's second trimester.  Therefore, staff recommends an  








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               amendment to strike this provision (on page 7, lines  
               13-15).
          
          8)   California School Age Families Education.  This program,  
               known as Cal-SAFE, was developed for the purpose of  
               providing targeted supportive services related to school  
               success.  Participation by a school district or county  
               office of education in the Cal-SAFE program is voluntary.   
               The California Department of Education no longer  
               administers this program, nor does the State provide  
               categorical funding.  School districts and county offices  
               of education may operate a Cal-SAFE program using funds  
               pursuant to the Local Control Funding Formula.  It is not  
               clear how many school districts or county offices of  
               education provide support services through the Cal-SAFE  
               program.

          9)   How many students?  According to information provided by  
               the author, in 2012, about 35,000 children were born to 15  
               to 19 year olds in California, and in 2013, there were  
               8,840 births to mothers age 17 and younger.

          10)  Technical amendments.  Staff recommends technical  
               amendments as follows:

               a)        Authorize the governing board of a school  
                    district, rather than authorize a school, to allow  
                    parental leave.

               b)        Clarify that a student who gives birth, or  
                    expects to give birth, may be allowed parental leave.

          11)  Fiscal impact.  This bill imposes unknown but likely  
               significant costs.  Actual costs are dependent upon how  
               many school districts choose to file an expectant and  
               parenting student policy, how many students choose to seek  
               parental leave, and how long students are on parental  
               leave.

          12)  Related legislation.  SB 1375 (Jackson) requires public  
               schools and private schools that receive federal funding to  
               post on their website specified information relative to the  
               designated Title IX coordinator, rights of students and  
               responsibilities of the school, and information about how  








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               to file a complaint.  
               SB 1375 is pending in this Committee.

               SB 946 (Leyva) deems a student who is serving as a member  
               of a precinct board for an election to be participating in  
               independent study for purposes of calculating average daily  
               attendance, and thus allows the school district to generate  
               state apportionment payments for the student's absence.  SB  
               946 is scheduled to be heard by this Committee on March 16,  
               2016.

            SUPPORT
          
          ACT for Women and Girls
          American Academy of Pediatrics
          American Civil Liberties Union
          Black Women for Wellness
          Brighter Beginnings
          California Immigrant Policy Center
          California Latinas for Reproductive Justice
          Center on Reproductive Rights and Justice, UC Berkeley School of  
          Law
          Coleman Advocates for Children and Youth
          Forward Together
          Fresno Barrios Unidos
          Girls Incorporated of Alameda County
          Hands Together - A Center for Children
          National Center for Youth Law
          National Compadres Network
          National Council of Jewish Women - California
          Nevada County Citizens for Choice
          Physicians for Reproductive Health
          Planned Parenthood Action Fund of the Pacific Southwest
          San Francisco Women's Political Committee
          Teen Success, Inc.
          URGE: Unite for Reproductive & Gender Equity
          Wise Entertainment
          Women's Foundation of California, Women's Policy Institute

            OPPOSITION
           
           None received.

                                      -- END --








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