BILL ANALYSIS                                                                                                                                                                                                    �




                   Senate Appropriations Committee Fiscal Summary
                           Senator Christine Kehoe, Chair

                                          AB 668 (Block)
          
          Hearing Date: 06/27/2011        Amended: 03/29/2011
          Consultant: Jacqueline Wong-HernandezPolicy Vote: Education 8-0
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          BILL SUMMARY: AB 668 defines an "undue hardship" on the 
          California State University (CSU), for the purpose of denying a 
          request to reschedule a test or examination by a student for 
          whom the test time violates the student's religious creed. 
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                            Fiscal Impact (in thousands)

           Major Provisions          2011-12      2012-13      2013-14     Fund
                                                                      
          CSU exam reschedule policy       $65                             
                                         General
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          STAFF COMMENTS: This bill meets the criteria for referral to the 
          Suspense File. 

          Existing law requires CSU campuses, in administering any test or 
          exam, to permit any student to take the test or exam without 
          penalty, at a time when that activity would not violate the 
          student's religious creed. Existing law provides an exception to 
          the accommodation requirement if administering the test or exam 
          at an alternate time would impose an "undue hardship" on the 
          university. Under existing law, should there be a legal 
          challenge, the burden of proof is on the institution to prove an 
          undue hardship.

          This bill specifies that only either of the following conditions 
          constitutes an undue hardship: 1) Expense in administering the 
          test at a different time creates a substantial financial burden 
          for the institution; or 2) substantial disruption to the 
          educational mission of the institution is caused by 
          administering the test at a different location. 

          By defining undue hardship as a "substantial financial burden" 
          or "substantial disruption to the educational mission of the 








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          institution", this bill will likely require the CSUs to honor 
          virtually all requests for accommodation pursuant to these 
          provisions. In a legal proceeding, the CSU would have to meet 
          one of the defined criteria in its burden of proof. 

          Currently, CSU students arrange with individual faculty members 
          to reschedule specific exams for religious or other reasons. 
          Implementing this bill would require that the CSU communicate 
          the enhanced requirement to all CSU personnel engaged in 
          scheduling and administering tests (e.g. full and part-time 
          faculty, graduate teaching assistants). The CSU would also 
          likely have to develop written guidelines for campuses, 
          including student request procedures and instructions for 
          faculty on alternative arrangement, as well as faculty 
          non-compliance procedures. CSU has estimated that one-time costs 
          related to these activities would be approximately $65,000.