BILL ANALYSIS Ó SENATE COMMITTEE ON APPROPRIATIONS Senator Ricardo Lara, Chair 2015 - 2016 Regular Session SB 1014 (Liu) - Pupil rights: pregnant and parenting pupils ----------------------------------------------------------------- | | | | | | ----------------------------------------------------------------- |--------------------------------+--------------------------------| | | | |Version: March 29, 2016 |Policy Vote: ED. 9 - 0 | | | | |--------------------------------+--------------------------------| | | | |Urgency: No |Mandate: Yes | | | | |--------------------------------+--------------------------------| | | | |Hearing Date: April 11, 2016 |Consultant: Jillian Kissee | | | | ----------------------------------------------------------------- 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 SB 1014 (Liu) Page 1 of ? 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) SB 1014 (Liu) Page 2 of ? 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 SB 1014 (Liu) Page 3 of ? 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. SB 1014 (Liu) Page 4 of ? 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. -- END -- SB 1014 (Liu) Page 5 of ?