BILL ANALYSIS Ó ----------------------------------------------------------------- |SENATE RULES COMMITTEE | SB 1014| |Office of Senate Floor Analyses | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ----------------------------------------------------------------- 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. SB 1014 Page 2 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 SB 1014 Page 3 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) SB 1014 Page 4 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, SB 1014 Page 5 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 SB 1014 Page 6 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 SB 1014 Page 7 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 SB 1014 Page 8 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 **** END ****