BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | SB 1014|
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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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