BILL ANALYSIS                                                                                                                                                                                                    Ó



          SENATE COMMITTEE ON APPROPRIATIONS
                             Senator Ricardo Lara, Chair
                            2015 - 2016  Regular  Session

          SB 1014 (Liu) - Pupil rights:  pregnant and parenting pupils
          
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          |Version: March 29, 2016         |Policy Vote: ED. 9 - 0          |
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          |Urgency: No                     |Mandate: Yes                    |
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          |Hearing Date: April 11, 2016    |Consultant: Jillian Kissee      |
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          This bill meets the criteria for referral to the Suspense File.



          Bill  
          Summary:  This bill authorizes a school district to grant  
          parental leave to a student, and provides that such absences  
          generate average daily attendance (ADA) funding if the school  
          district files an expectant and parenting student policy with  
          the California Department of Education (CDE).


          Fiscal  
          Impact:  
           ADA funding: To the extent school districts file an expectant  
            and parenting student policy, students choose to take leave,  
            and are absent up to the length provided in this bill, state  
            costs in the mid tens of millions could be incurred related to  
            school districts including these absences in their ADA  
            calculation.  (Proposition 98)

           Mandate costs: The bill's requirements to expand the existing  
            annual parent notification mandate and disseminate information  







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            as specified, could drive state costs of about one million.   
            To the extent the Commission on State Mandates (COSM)  
            determines these activities to be reimbursable, it could  
            create pressure to increase the K-12 mandate block grant.   
            (Proposition 98)

           Administrative costs:  The CDE indicates unknown costs  
            attributed to providing guidance to local educational agencies  
            (LEAs) related to attendance accounting for students that go  
            on parental leave and other programmatic and legal guidance.   
            (General Fund)


          Background:  State aid to school districts for general purposes is driven  
          by the ADA of students in a school district.  ADA is generated  
          by students actually attending classes under the immediate  
          supervision of a properly credentialed teacher. (Education Code  
          § 46300, et seq.)

          Existing law prohibits excused absences from generating state  
          aid derived by ADA but does allow the student to make up any  
          missed assignments or tests during the absence.  Excused  
          absences include those due to the illness or medical appointment  
          of a student's child.  (Education Code § 48205)

          Existing federal law, known as Title IX, among other things,  
          excuses absences due to pregnancy or childbirth for as long as  
          the student's doctor says is necessary, and gives students the  
          opportunity to make up any missed assignments.  (United States  
          Code, Title 20, § 1681, et seq.) 


          Existing state law requires that a student with a temporary  
          disability which makes school attendance impossible or  
          inadvisable, receive individual instruction provided by the  
          school district.  This is instruction provided to an individual  
          student in his or her home, in a hospital, or other residential  
          health facility and each hour of teaching time counts as one day  
          of attendance.  Statute defines temporary disability as a  
          physical, mental, or emotional disability after which the  
          student can reasonably be expected to return to the student's  
          classes or education program without special intervention.  (ECS  
          48206.3)  









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          State and federal regulations require educational institutions  
          (for federal regulations, LEAs that receive federal financial  
          aid) 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 and Code of Federal Regulations, Title 34, § 106.40) 


          Proposed Law:  
            This bill:
          
             1.   Authorizes a school district to allow a student who  
               gives birth, or expects to give birth, as well as a  
               parenting student who did not give birth, parental leave.   
               The length of time taken would be determined by the student  
               but it cannot exceed six weeks for births without  
               complications or eight weeks for Caesarian section births.   
               For a parenting student who did not give birth, parental  
               leave cannot exceed four weeks.  Absences due to parental  
               leave would count towards a school district's ADA  
               calculation as long as the governing board of the school  
               district files an expectant and parenting student policy  
               with the CDE.  These policies must require a student to  
               submit a parental leave request form to the school and the  
               school to provide makeup work plan development process  
               guidelines to a student and approve the parental leave.
             
             2.   Requires school districts to notify pregnant and  
               parenting students of their rights and options through a  
               number of ways: annual school year welcome packets required  
               by existing law; independent study packets; school district  
               websites; lactation rooms; locker rooms; and school  
               libraries.  Specifically, these rights and options include  
               those available through federal Title IX, the reasonable  
               accommodations provided to a lactating student, individual  
               instruction provided to those with temporary disabilities,  
               and the parental leave option proposed by this bill.
             
             3.   Specifically provides that up to four absences per year  
               to care for a sick child of a student, are deemed excused  
               absences (and do not generate ADA funding).

             4.   Modifies the definition of "temporary disability" to  








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               include pregnancy, childbirth, false pregnancy, termination  
               of pregnancy, and recovery therefrom.  It also requires  
               that if providing individualized instruction to a student  
               with a temporary disability as a result of pregnancy is not  
               available, the student is to be provided guidelines for  
               makeup work plan development. 


          Related  
          Legislation:  SB 1375 (Jackson) requires, among other things,  
          public and private schools that receive federal funding to post  
          on their website specified information relating to federal Title  
          IX.  SB 1375 is pending in this committee.

          SB 946 (Leyva) allows a school district to generate state  
          apportionment funding for a student's absence who is serving as  
          a member of a precinct board for an election.  SB 946 is  
          scheduled to be heard by this committee on April 11, 2016.


          Staff  
          Comments:  The largest cost imposed by this bill is allowing  
          school districts to claim ADA funding for students when they are  
          on parental leave.  According to the California Department of  
          Public Health, in 2013 there were about 30,000 births in  
          California to females ages 15 to 19.  Assuming 19 year old  
          students are no longer attending high school, one can estimate  
          about 20,000 births to females between ages 15 to 18.  

          Costs for parental leave would ultimately depend upon: (1) if a  
          school district files an expectant and parenting student policy;  
          (2) whether a student decides to take leave; and (3) if so, for  
          how long.  Assuming a rate of $50 generated per ADA (the grade  
          nine through 12 base rate at full implementation of the state's  
          recently enacted funding formula, divided by 180 school days in  
          a year), six to eight weeks of parental leave for females would  
          drive statewide costs of between $30 million to $40 million,  
          assuming all leave occurs during the school year.  Making the  
          same assumptions for parental leave for those that did not give  
          birth, costs would be about $20 million for four weeks.  Costs  
          would increase to the extent the student on leave is classified  
          as an English learner, low-income student, or foster youth, as  
          they generate additional funding in the state's funding formula.  
           








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          The second significant cost driver of this bill is the  
          state-mandated activities. This bill requires school districts  
          to notify pregnant and parenting students of certain rights and  
          options through a number of ways.  This requirement likely  
          expands the existing consolidated annual parent notification  
          mandate which, before the K-12 mandate block grant, averaged  
          costs of about $9 million per year.  Based on the formula for  
          calculating claimable costs developed by the COSM, this bill  
          could result in about $400,000 to print the additional, possibly  
          three pages, to be included in the annual parent notification.  

          This bill also requires school districts to disseminate this  
          information on the school district's website, in lactation  
          rooms, in locker rooms, and in school libraries.  It is unclear  
          if a notice is required to be in every lactation room, locker  
          room, and school library in the school district.  However,  
          assuming this requirement takes each school district two hours  
          to create and make the notice available on their websites and  
          for each school in the state one hour to make them available in  
          each location on campus, at a rate of $50 per hour including  
          benefits, statewide costs would be about $600,000.  



          This bill modifies the definition of "temporary disability" to  
          include pregnancy, childbirth, false pregnancy, termination of  
          pregnancy, and recovery therefrom.  Existing law requires a  
          student who is on temporary disability to receive individual  
          instruction.  State and federal regulations require pregnancy,  
          childbirth, false pregnancy, termination of pregnancy, and  
          recovery therefrom to be treated in the same manner as a  
          temporary disability.  Therefore the changes made in this bill  
          related to the temporary disability definition do not appear to  
          add significant duties to school districts.  However, it does  
          require them to provide guidelines for makeup work if  
          individualized instruction is not available for those with a  
          temporary disability due to a pregnancy.


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