BILL ANALYSIS �
Senate Appropriations Committee Fiscal Summary
Senator Christine Kehoe, Chair
AB 668 (Block)
Hearing Date: 08/25/2011 Amended: 08/15/2011
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 ------Minor and
absorbable------ General
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STAFF COMMENTS: 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 defines an undue hardship as 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
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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.
The CSU has indicated that this is largely consistent with
existing policies, and any additional costs would be minor and
absorbable.