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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