BILL NUMBER: AB 668	AMENDED
	BILL TEXT

	AMENDED IN SENATE  AUGUST 15, 2011
	AMENDED IN ASSEMBLY  MARCH 29, 2011

INTRODUCED BY   Assembly Member Block

                        FEBRUARY 17, 2011

   An act to amend Section 89320 of the Education Code, relating to
the California State University.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 668, as amended, Block. California State University:
examinations: undue hardship.
   Existing law establishes the California State University, which is
administered by the Trustees of the California State University.
Existing law requires the state universities, in administering any
test or examination, to permit any student who is eligible to undergo
the test or examination to do so, without penalty, at a time when
that activity would not violate the student's religious creed, except
when it would impose an undue hardship.
   This bill would  provide that creating a substantial
financial burden or substantial disruption to the educational mission
of the institution, as specified, constitutes an undue hardship for
purposes of this provision   define the term "undue
hardship" for that purpose  .
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 89320 of the Education Code is amended to read:

   89320.  (a) The Trustees of the California State University shall
require each state university, in administering any test or
examination, to permit any student who is eligible to undergo the
test or examination to do so, without penalty, at a time when that
activity would not violate the student's religious creed. This
requirement shall not apply if administering the test or examination
at an alternate time would impose an undue hardship that could not
reasonably have been avoided. In any court proceeding in which the
existence of an undue hardship that could not reasonably have been
avoided is an issue, the burden of proof shall be upon the
institution. 
   (b) For the purposes of this section, either of the following
constitutes an undue hardship:  
   (1) Expense in administering the test or examination at a
different time that creates a substantial financial burden for the
institution.  
   (2) Substantial disruption to the educational mission of the
institution caused by administering the test at a different location.
 
   (b) As used in this section, "undue hardship" means an action
requiring significant difficulty or expense, when considered in light
of the following factors:  
   (1) The nature and cost of the accommodation needed.  
   (2) The overall financial resources of the facilities involved in
the provision of the reasonable accommodations, the number of persons
employed at the facility, and the effect on expenses and resources
or the impact otherwise of these accommodations upon the operation of
the facility.  
   (3) The overall financial resources of the covered entity, the
overall size of the business of a covered entity with respect to the
number of employees, and the number, type, and location of its
facilities.  
   (4) The type of operations, including the composition, structure,
and functions of the workforce of the entity.  
   (5) The geographic separateness, administrative, or fiscal
relationship of the facility or facilities.