BILL ANALYSIS                                                                                                                                                                                                    Ó






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                                   THIRD READING 


          Bill No:  SB 1014
          Author:   Liu (D) 
          Amended:  6/1/16  
          Vote:     21 

           SENATE EDUCATION COMMITTEE:  9-0, 3/16/16
           AYES:  Liu, Block, Hancock, Huff, Leyva, Mendoza, Monning, Pan,  
            Vidak

           SENATE APPROPRIATIONS COMMITTEE:  6-1, 5/27/16
           AYES:  Lara, Bates, Beall, Hill, McGuire, Mendoza
           NO:  Nielsen

           SUBJECT:   Pupil rights:  pregnant and parenting pupils


          SOURCE:    Author

          DIGEST:   This bill authorizes the governing board of a school  
          district 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.

          ANALYSIS:  

          Existing federal law, under Title IX:

          1)Prohibits discrimination on the basis of sex, including  
            pregnancy and parental status, in educational programs and  
            activities.  









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          2)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)

          Existing state law:

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

          2)Provides that excused absences shall not generate state  
            apportionment payment, but does allow the student to make up  







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            any missed classroom assignments or tests during the absence.   
            (EC § 48205)

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

             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)








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          Existing state regulations:

          1)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.  

          2)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.   
            (California Code of Regulations, Title 5, § 4950)

          This bill: 

           1) Authorizes the governing board of a school district to allow  
             a parenting student who gives or expects to give birth up to  
             six weeks of parental leave.

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

           3) Requires the length of leave to be determined by the student  
             and prohibits the leave from exceeding the length of time  
             allowed by this bill.

           4) Provides that absences due to parental leave are not deemed  
             absences in computing 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  
             (CDE), including procedures for ensuring students are  
             provided with schoolwork while on parental leave.

           5) Provides that, for purposes of computing ADA, each clock  
             hour related to the instruction of students on parental leave  
             count as one day of attendance.

           6) Requires an expectant and parenting student policy to  
             require a student to submit a parental leave request form,  







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             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.

           7) 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.   


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

           9) 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.  

           10)Requires a school district to notify pregnant and parenting  
             students of their rights and options available pursuant to  
             Title IX and existing state law through annual school year  
             welcome packets, through independent study packets, on the  
             school district's website, in lactation rooms, and in locker  
             rooms.  

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

          Comments
          
          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 provided by the  







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          school district in which the student is deemed to reside.   
          Individual instruction for students with a temporary disability  
          is included in the computation of 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.

          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 does not require that the length of the leave be  
          subject to a determination of medical necessity by a physician.

          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 ADA for the duration of the  
          student's parental leave (each clock hour related to instruction  
          counts as one day of attendance, consistent with existing  
          provisions for students with a temporary disability).    

          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  







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          a school district or county office of education in the Cal-SAFE  
          program is voluntary.  CDE 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.


          FISCAL EFFECT:   Appropriation:    No          Fiscal  
          Com.:YesLocal:   Yes


          According to the Senate Appropriations Committee:


           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 would be in the mid tens of millions related to  
            including these absences in their ADA calculation.  Actual  
            costs would likely be less by an unknown amount as school  
            districts would only generate ADA funding for the days that  
            schools devote at least one hour related to the instruction  
            each student on parental leave.  (Proposition 98)

           Mandate costs: This bill's requirements to expand the existing  
            annual parent notification mandate and disseminate information  
            as specified, could drive state costs of about one million.   
            To the extent the Commission on State Mandates determines  
            these activities to be reimbursable, it could create pressure  
            to increase the K-12 mandate block grant.  (Proposition 98)

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


          SUPPORT:   (Verified5/27/16)


          California Latinas for Reproductive Justice







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          Family Violence Law Center
          Girls Incorporated of Alameda County
          Having Our Say
          National Center for Youth Law
          San Francisco Women's Political Committee


          OPPOSITION:   (Verified5/27/16)


          None received



          Prepared by:Lynn Lorber / ED. / (916) 651-4105
          6/1/16 18:41:38


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