Amended IN Assembly April 10, 2025 CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Assembly Bill No. 1098Introduced by Assembly Member FongFebruary 20, 2025 An act to amend Section 66281.7 of the Education Code, relating to postsecondary education. LEGISLATIVE COUNSEL'S DIGESTAB 1098, as amended, Fong. Postsecondary education: undergraduate and graduate students: pregnancy or pregnancy-related issues.The Donahoe Higher Education Act sets forth, among other things, the missions and functions of Californias public and independent segments of higher education and their respective institutions of higher education. Provisions of the act apply to the University of California only to the extent that the Regents of the University of California, by appropriate resolution, act to make a provision applicable.A portion of the Donahoe Higher Education Act, known as the Equity in Higher Education Act, prohibits postsecondary educational institutions, including the faculty, staff, or other employees of these institutions, from requiring a graduate student to take a leave of absence or withdraw from the graduate program, or limiting the graduate students studies, solely due to pregnancy or pregnancy-related issues, and requires postsecondary educational institutions, including the faculty, staff, or other employees of these institutions, to reasonably accommodate pregnant graduate students, as specified, so that they may complete their graduate courses of study and research.The Equity in Higher Education Act allows a graduate student to take a leave of absence because the graduate student is pregnant or has recently given birth consistent with the policies of the postsecondary educational institution, or a period of 12 additional months, whichever period is longer, as specified, and allows a graduate student who is not the birth parent and who chooses to take a leave of absence because of the birth of the students child a period consistent with the policies of the postsecondary educational institution, or a period of one month, whichever period is longer, as specified. The act requires an enrolled graduate student in good academic standing who chooses to take a leave of absence because the student is pregnant or has recently given birth to be able to return to the students program in good academic standing following a leave period that is consistent with the policies of the postsecondary educational institution, or a period of up to one academic year, whichever period is longer, as specified, and requires an enrolled graduate student in good academic standing who is not the birth parent and who chooses to take a leave of absence because of the birth of the students child to be able to return to the students program in good academic standing following a leave period that is consistent with the policies of the postsecondary educational institution, or a period of up to one month, whichever period is longer, subject to the reasonable administrative requirements of the institution complaints, as specified.This bill would explicitly prohibit a postsecondary educational institution from discriminating against a student based on the students current, potential, or past pregnancy or pregnancy-related conditions. The bill would extend to pregnant or recently pregnant undergraduate students the prohibitions and obligations placed by existing law on postsecondary educational institutions for pregnant or recently pregnant graduate students. The bill would require these institutions to: (1) require responsible employees, upon being informed of a students pregnancy or pregnancy-related condition, to give the student the institutions Title IX coordinators contact information of a coordinator designated by the institution, as specified, and information about what the Title IX coordinator can do to ensure the student has equal access to educational programs; (2) require reasonable accommodations provided to a pregnant student or a recently pregnant student to be provided though the institutions Title IX coordinator, and (3) provide a pregnant student or recently pregnant student access to a private and secure room for lactation. The bill would authorize a student to voluntarily accept or reject an accommodation, and would require the institution to immediately implement an accommodation the student accepts. The bill would require birth parent and nonbirth parent students, upon returning to their education program, to be reinstated to the academic status held before their voluntary leave of absence began. For a birth parent or nonbirth parent graduate or undergraduate student, the bill would prohibit an institution from reducing the students institution-based financial aid upon returning from the leave of absence.The Equity in Higher Education Act also requires each postsecondary educational institution to have a written policy for graduate students on pregnancy discrimination and procedures for addressing pregnancy discrimination. The act requires a copy of the policy to be made available to all faculty, staff, and employees in their required training.This bill would require each postsecondary educational institution to revise its policy to include procedures for accessing reasonable accommodations for a pregnant student or a recently pregnant student. The bill would require the policy to be emailed to students, faculty, staff, and employees at the beginning of each academic year. The bill would also require each institution to prominently post the policy on its internet website and to provide the policy through its on-campus medical center, as specified. By imposing new duties on community college districts, the bill would impose a state-mandated local program.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 66281.7 of the Education Code is amended to read:66281.7. (a) It is the policy of the State of California, pursuant to Section 66251, that all persons, regardless of their sex, should enjoy freedom from discrimination of any kind, including, but not limited to, discrimination based on the students current, potential, or past parental, family, or marital status as prohibited by Title IX of the Education Amendments of 1972 (20 U.S.C. Sec. 1681, et seq.), status, in the postsecondary educational institutions of the state.(b) A postsecondary educational institution shall not discriminate against a student based on the students current, potential, or past pregnancy or pregnancy-related conditions. A postsecondary educational institution has not committed discrimination when it permits a student, based on pregnancy or pregnancy-related conditions, to voluntarily participate in a separate portion of a an education program or activity, if the postsecondary educational institution ensures that the separate portion is comparable to the education program or activity offered to students who are not pregnant and do not have pregnancy-related conditions.(c) Each of the following requirements apply to postsecondary educational institutions in the state:(1) A postsecondary educational institution, including the faculty, staff, or other employees of the institution, shall not do any of the following solely due to pregnancy or pregnancy-related issues:(A) Require an undergraduate or graduate student to take a leave of absence or withdraw from an undergraduate or graduate program.(B) Limit the students undergraduate or graduate studies.(2) A postsecondary educational institution shall require each responsible employee, as defined in Section 66281.8, upon being informed of a students pregnancy or pregnancy-related condition, to give the student the Title IX coordinators contact information and inform the student that the Title IX coordinator can coordinate specific actions to prevent sex discrimination by ensuring that the student has equal access to educational programs offered by the postsecondary educational institution.(3) (A) A postsecondary educational institution, through the postsecondary educational institutions Title IX coordinator, shall provide reasonable accommodations to a pregnant student or a recently pregnant student so the student may complete their undergraduate or graduate courses of study and research. Reasonable accommodations shall be based on the individual students needs. In determining the accommodations to provide a student, the postsecondary educational institutions Title IX coordinator shall consult with the student.(B) Reasonable accommodation accommodations shall include excusing absences that are medically necessary, as required under Title IX. Reasonable accommodations may include, but are not limited to, all of the following:(i) Breaks during class to express breast milk, breast feed, or attend to health needs associated with pregnancy or pregnancy-related conditions, including eating, drinking, or using the restroom.(ii) Intermittent absences to attend medical appointments.(iii) Access to online or homebound education.(iv) Changes in schedule or course sequence.(v) Time extensions for coursework and rescheduling of tests and examinations.(vi) Being allowed to sit or stand, or carry or keep water nearby.(vii) Counseling.(viii) Changes in physical space or supplies.(ix) Elevator access.(x) Other accommodations for the pregnant students health or safety.(xi) Allowing the student to take a leave of absence. absence that is not medically necessary.(xii) Other changes to the postsecondary educational institutions policies, practices, or procedures.(C) An accommodation that a postsecondary educational institution can demonstrate would fundamentally alter the nature of its education program or activity is not a reasonable accommodation.(D) A student may voluntarily accept or reject any reasonable accommodation offered pursuant to this section. If a student accepts a reasonable accommodation offered pursuant to this section, the institution shall immediately implement it.(4)A graduate student who chooses to take a leave of absence because the graduate student is pregnant or has recently given birth shall be allowed a period consistent with the time deemed medically necessary by the students licensed healthcare provider, or a period of 12 months, whichever period is longer, to prepare for and take preliminary and qualifying examinations and an extension of at least 12 months toward normative time to degree while in candidacy for a graduate degree, unless a longer extension is medically necessary. Upon the students return to the graduate program, the student shall be reinstated to the academic status and, as practicable, to the extracurricular status the student held before their voluntary leave of absence began.(5)An undergraduate student who chooses to take a leave of absence because the undergraduate student is pregnant or has recently given birth shall be allowed a period consistent with the time deemed medically necessary by the students licensed healthcare provider, or a period of 12 months, whichever period is longer. The postsecondary educational institution shall not reduce the students institution-based financial aid upon the students return from the voluntary leave of absence. This prohibition does not require the postsecondary educational institution to provide institution-based financial aid during the students leave of absence. However, it shall ensure that a leave of absence does not disrupt the continuation of institution-based financial aid upon the students return to the undergraduate program. Upon the students return, the student shall be reinstated to the academic status and, as practicable, to the extracurricular status the student held before their voluntary leave of absence began.(6)A graduate student who is not the birth parent and who chooses to take a leave of absence because of the birth of the students child shall be allowed a period consistent with the policies of the postsecondary educational institution, or a period of one month, whichever period is longer, to prepare for and take preliminary and qualifying examinations, and an extension of at least one month toward normative time to degree while in candidacy for a graduate degree, unless a longer period or extension is medically necessary to care for the students partner or their child. Upon the students return to the graduate program, the student shall be reinstated to the academic status and, as practicable, to the extracurricular status the student held before the voluntary leave of absence began.(7)A undergraduate student who is not the birth parent and who chooses to take a leave of absence because of the birth of the students child shall be allowed a period consistent with the policies of the postsecondary educational institution, or a period of one month, whichever period is longer, to prepare for and take preliminary and qualifying examinations. The postsecondary educational institution shall not reduce the students institution-based financial aid upon the students return from the leave of absence. This prohibition does not require the postsecondary educational intuition to provide institution-based financial aid during the students leave of absence. However, it shall ensure that a leave of absence does not disrupt the continuation of institution-based financial aid upon the students return to the undergraduate program. Upon the students return, the student shall be reinstated to the academic status and, as practicable, to the extracurricular status the student held before the voluntary leave of absence began.(8)(4) A postsecondary educational institution shall offer to an undergraduate or graduate pregnant student or an undergraduate or graduate student who has recently given birth a leave of absence pursuant to this paragraph. An undergraduate or graduate student who chooses to take a leave of absence because the student is pregnant or has recently given birth shall be allowed a period consistent with the policies of the postsecondary educational institution, or a period of 12 months, whichever period is longer, to prepare for and take preliminary and qualifying examinations, and an extension of at least 12 months toward normative time to degree while in candidacy for an undergraduate or graduate degree, unless a longer extension is medically necessary. The postsecondary educational institution shall not reduce the students institution-based financial aid upon the students return from the voluntary leave of absence. This prohibition does not require the postsecondary educational institution to provide institution-based financial aid during the students voluntary leave of absence. However, it shall ensure that the students voluntary leave of absence does not disrupt the continuation of institution-based financial aid upon the students return to the undergraduate or graduate program. Upon the students return to the undergraduate or graduate program, the student shall be reinstated to the academic status and, as practicable, to the extracurricular and employment status the student held before their voluntary leave of absence began.(5) A postsecondary educational institution shall offer to an undergraduate or graduate student who is not the birth parent a leave of absence pursuant to this paragraph because of the birth, adoption, or placement of the students child. An undergraduate or graduate student who is not the birth parent and who chooses to take a leave of absence because of the birth, adoption, or placement of the students child shall be allowed a period consistent with the policies of the postsecondary educational institution, or a period of one month, whichever period is longer, to prepare for and take preliminary and qualifying examinations, and an extension of at least one month toward normative time to degree while in candidacy for an undergraduate or graduate degree, unless a longer period or extension is medically necessary to care for the students partner or their child. The postsecondary educational institution shall not reduce the students institution-based financial aid upon the students return from the voluntary leave of absence. This prohibition does not require the postsecondary educational institution to provide institution-based financial aid during the students voluntary leave of absence. However, it shall ensure that a students voluntary leave of absence does not disrupt the continuation of institution-based financial aid upon the students return to the undergraduate or graduate program. Upon the students return to the undergraduate or graduate program, the student shall be reinstated to the academic status and, as practicable, to the extracurricular and employment status the student held before their voluntary leave of absence began.(6) An enrolled undergraduate or graduate student in good academic standing who chooses to take a leave of absence because the student is pregnant, or has recently given birth, shall return to the their undergraduate or graduate program in good academic standing following a leave period consistent with the policies of the postsecondary educational institution, or of up to one academic year, whichever period is longer, subject to the reasonable administrative requirements of the institution, unless there is a medical reason for a longer absence, in which case the students standing in the undergraduate or graduate program shall be maintained during that period of absence. Upon the students return to the undergraduate or graduate program, the student shall be reinstated, as practicable, to the extracurricular and employment status with the postsecondary educational institution the student held before their voluntary leave of absence began.(7) An enrolled undergraduate or graduate student in good academic standing who is not the birth parent and who chooses to take a leave of absence because of the birth, adoption, or placement of the students child shall return to their undergraduate or graduate program in good academic standing following a leave period consistent with the policies of the postsecondary educational institution or of up to one month, whichever period is longer, subject to the reasonable administrative requirements of the postsecondary educational institution. Upon the students return to the undergraduate or graduate program, the student shall be reinstated, as practicable, to the extracurricular and employment status with the postsecondary educational institution the student held before their voluntary leave of absence began.(8) (A) A postsecondary educational institution shall provide a pregnant or recently pregnant student access to a private and secure room for lactation.(B) The lactation room accommodation described in subparagraph (A) shall be consistent with Section 66271.9.(9) A postsecondary education educational institution shall not require a student to provide supporting documentation before the postsecondary educational institution provides reasonable accommodations pursuant to paragraph (3), unless documentation is necessary and reasonable for the postsecondary educational institution to determine whether the reasonable accommodation is necessary to provide the student with equal access to education.(d)Each postsecondary educational institution shall have a written policy for students on pregnancy discrimination, procedures for addressing pregnancy discrimination complaints under Title IX, and procedures for accessing reasonable accommodations under Title IX pursuant to this section. A(d) (1) Each postsecondary educational institution shall adopt a written policy for students on pregnancy discrimination. The policy shall include procedures for accessing reasonable accommodations under this section and for addressing pregnancy discrimination complaints for alleged noncompliance with this section. The procedures for addressing pregnancy discrimination complaints shall be consistent with the postsecondary educational institutions procedures for addressing other forms of discrimination.(2) A copy of the policy shall be emailed to students, faculty, staff, and employees at the beginning of each academic year, and shall be made available to faculty, staff, and employees in their required training. The policy shall be made available to all students attending orientation sessions at a postsecondary educational institution.(e) Each postsecondary educational institution shall notify pregnant and parenting students of the protections provided by Title IX and the postsecondary educational institutions policies established pursuant to this section by prominently posting a notice of the Title IX protections and the policies established pursuant to this section on the postsecondary educational institutions internet website.(f) Each postsecondary educational institution with an on-campus medical center shall provide notice of the protections provided by Title IX and the postsecondary educational institutions policies established pursuant to this section through the medical center to a student who requests information regarding policies or protections for students with children or pregnant students and when otherwise appropriate.(g) For purposes of this section, postsecondary the following definitions apply:(1) Coordinator means the same employee designated by the postsecondary educational institution pursuant to paragraph (2) of subdivision (b) of Section 66281.8.(2) Postsecondary educational institution means a campus of the University of California, the California State University, or the California Community Colleges, or a private postsecondary educational institution or independent institution of higher education that receives state financial assistance, as defined in Section 213, or state student financial aid, as defined in Section 214. (h) Notwithstanding Section 67400, this section shall apply to the University of California.SEC. 2. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
Amended IN Assembly April 10, 2025 CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Assembly Bill No. 1098Introduced by Assembly Member FongFebruary 20, 2025 An act to amend Section 66281.7 of the Education Code, relating to postsecondary education. LEGISLATIVE COUNSEL'S DIGESTAB 1098, as amended, Fong. Postsecondary education: undergraduate and graduate students: pregnancy or pregnancy-related issues.The Donahoe Higher Education Act sets forth, among other things, the missions and functions of Californias public and independent segments of higher education and their respective institutions of higher education. Provisions of the act apply to the University of California only to the extent that the Regents of the University of California, by appropriate resolution, act to make a provision applicable.A portion of the Donahoe Higher Education Act, known as the Equity in Higher Education Act, prohibits postsecondary educational institutions, including the faculty, staff, or other employees of these institutions, from requiring a graduate student to take a leave of absence or withdraw from the graduate program, or limiting the graduate students studies, solely due to pregnancy or pregnancy-related issues, and requires postsecondary educational institutions, including the faculty, staff, or other employees of these institutions, to reasonably accommodate pregnant graduate students, as specified, so that they may complete their graduate courses of study and research.The Equity in Higher Education Act allows a graduate student to take a leave of absence because the graduate student is pregnant or has recently given birth consistent with the policies of the postsecondary educational institution, or a period of 12 additional months, whichever period is longer, as specified, and allows a graduate student who is not the birth parent and who chooses to take a leave of absence because of the birth of the students child a period consistent with the policies of the postsecondary educational institution, or a period of one month, whichever period is longer, as specified. The act requires an enrolled graduate student in good academic standing who chooses to take a leave of absence because the student is pregnant or has recently given birth to be able to return to the students program in good academic standing following a leave period that is consistent with the policies of the postsecondary educational institution, or a period of up to one academic year, whichever period is longer, as specified, and requires an enrolled graduate student in good academic standing who is not the birth parent and who chooses to take a leave of absence because of the birth of the students child to be able to return to the students program in good academic standing following a leave period that is consistent with the policies of the postsecondary educational institution, or a period of up to one month, whichever period is longer, subject to the reasonable administrative requirements of the institution complaints, as specified.This bill would explicitly prohibit a postsecondary educational institution from discriminating against a student based on the students current, potential, or past pregnancy or pregnancy-related conditions. The bill would extend to pregnant or recently pregnant undergraduate students the prohibitions and obligations placed by existing law on postsecondary educational institutions for pregnant or recently pregnant graduate students. The bill would require these institutions to: (1) require responsible employees, upon being informed of a students pregnancy or pregnancy-related condition, to give the student the institutions Title IX coordinators contact information of a coordinator designated by the institution, as specified, and information about what the Title IX coordinator can do to ensure the student has equal access to educational programs; (2) require reasonable accommodations provided to a pregnant student or a recently pregnant student to be provided though the institutions Title IX coordinator, and (3) provide a pregnant student or recently pregnant student access to a private and secure room for lactation. The bill would authorize a student to voluntarily accept or reject an accommodation, and would require the institution to immediately implement an accommodation the student accepts. The bill would require birth parent and nonbirth parent students, upon returning to their education program, to be reinstated to the academic status held before their voluntary leave of absence began. For a birth parent or nonbirth parent graduate or undergraduate student, the bill would prohibit an institution from reducing the students institution-based financial aid upon returning from the leave of absence.The Equity in Higher Education Act also requires each postsecondary educational institution to have a written policy for graduate students on pregnancy discrimination and procedures for addressing pregnancy discrimination. The act requires a copy of the policy to be made available to all faculty, staff, and employees in their required training.This bill would require each postsecondary educational institution to revise its policy to include procedures for accessing reasonable accommodations for a pregnant student or a recently pregnant student. The bill would require the policy to be emailed to students, faculty, staff, and employees at the beginning of each academic year. The bill would also require each institution to prominently post the policy on its internet website and to provide the policy through its on-campus medical center, as specified. By imposing new duties on community college districts, the bill would impose a state-mandated local program.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES
Amended IN Assembly April 10, 2025
Amended IN Assembly April 10, 2025
CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION
Assembly Bill
No. 1098
Introduced by Assembly Member FongFebruary 20, 2025
Introduced by Assembly Member Fong
February 20, 2025
An act to amend Section 66281.7 of the Education Code, relating to postsecondary education.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
AB 1098, as amended, Fong. Postsecondary education: undergraduate and graduate students: pregnancy or pregnancy-related issues.
The Donahoe Higher Education Act sets forth, among other things, the missions and functions of Californias public and independent segments of higher education and their respective institutions of higher education. Provisions of the act apply to the University of California only to the extent that the Regents of the University of California, by appropriate resolution, act to make a provision applicable.A portion of the Donahoe Higher Education Act, known as the Equity in Higher Education Act, prohibits postsecondary educational institutions, including the faculty, staff, or other employees of these institutions, from requiring a graduate student to take a leave of absence or withdraw from the graduate program, or limiting the graduate students studies, solely due to pregnancy or pregnancy-related issues, and requires postsecondary educational institutions, including the faculty, staff, or other employees of these institutions, to reasonably accommodate pregnant graduate students, as specified, so that they may complete their graduate courses of study and research.The Equity in Higher Education Act allows a graduate student to take a leave of absence because the graduate student is pregnant or has recently given birth consistent with the policies of the postsecondary educational institution, or a period of 12 additional months, whichever period is longer, as specified, and allows a graduate student who is not the birth parent and who chooses to take a leave of absence because of the birth of the students child a period consistent with the policies of the postsecondary educational institution, or a period of one month, whichever period is longer, as specified. The act requires an enrolled graduate student in good academic standing who chooses to take a leave of absence because the student is pregnant or has recently given birth to be able to return to the students program in good academic standing following a leave period that is consistent with the policies of the postsecondary educational institution, or a period of up to one academic year, whichever period is longer, as specified, and requires an enrolled graduate student in good academic standing who is not the birth parent and who chooses to take a leave of absence because of the birth of the students child to be able to return to the students program in good academic standing following a leave period that is consistent with the policies of the postsecondary educational institution, or a period of up to one month, whichever period is longer, subject to the reasonable administrative requirements of the institution complaints, as specified.This bill would explicitly prohibit a postsecondary educational institution from discriminating against a student based on the students current, potential, or past pregnancy or pregnancy-related conditions. The bill would extend to pregnant or recently pregnant undergraduate students the prohibitions and obligations placed by existing law on postsecondary educational institutions for pregnant or recently pregnant graduate students. The bill would require these institutions to: (1) require responsible employees, upon being informed of a students pregnancy or pregnancy-related condition, to give the student the institutions Title IX coordinators contact information of a coordinator designated by the institution, as specified, and information about what the Title IX coordinator can do to ensure the student has equal access to educational programs; (2) require reasonable accommodations provided to a pregnant student or a recently pregnant student to be provided though the institutions Title IX coordinator, and (3) provide a pregnant student or recently pregnant student access to a private and secure room for lactation. The bill would authorize a student to voluntarily accept or reject an accommodation, and would require the institution to immediately implement an accommodation the student accepts. The bill would require birth parent and nonbirth parent students, upon returning to their education program, to be reinstated to the academic status held before their voluntary leave of absence began. For a birth parent or nonbirth parent graduate or undergraduate student, the bill would prohibit an institution from reducing the students institution-based financial aid upon returning from the leave of absence.The Equity in Higher Education Act also requires each postsecondary educational institution to have a written policy for graduate students on pregnancy discrimination and procedures for addressing pregnancy discrimination. The act requires a copy of the policy to be made available to all faculty, staff, and employees in their required training.This bill would require each postsecondary educational institution to revise its policy to include procedures for accessing reasonable accommodations for a pregnant student or a recently pregnant student. The bill would require the policy to be emailed to students, faculty, staff, and employees at the beginning of each academic year. The bill would also require each institution to prominently post the policy on its internet website and to provide the policy through its on-campus medical center, as specified. By imposing new duties on community college districts, the bill would impose a state-mandated local program.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
The Donahoe Higher Education Act sets forth, among other things, the missions and functions of Californias public and independent segments of higher education and their respective institutions of higher education. Provisions of the act apply to the University of California only to the extent that the Regents of the University of California, by appropriate resolution, act to make a provision applicable.
A portion of the Donahoe Higher Education Act, known as the Equity in Higher Education Act, prohibits postsecondary educational institutions, including the faculty, staff, or other employees of these institutions, from requiring a graduate student to take a leave of absence or withdraw from the graduate program, or limiting the graduate students studies, solely due to pregnancy or pregnancy-related issues, and requires postsecondary educational institutions, including the faculty, staff, or other employees of these institutions, to reasonably accommodate pregnant graduate students, as specified, so that they may complete their graduate courses of study and research.
The Equity in Higher Education Act allows a graduate student to take a leave of absence because the graduate student is pregnant or has recently given birth consistent with the policies of the postsecondary educational institution, or a period of 12 additional months, whichever period is longer, as specified, and allows a graduate student who is not the birth parent and who chooses to take a leave of absence because of the birth of the students child a period consistent with the policies of the postsecondary educational institution, or a period of one month, whichever period is longer, as specified. The act requires an enrolled graduate student in good academic standing who chooses to take a leave of absence because the student is pregnant or has recently given birth to be able to return to the students program in good academic standing following a leave period that is consistent with the policies of the postsecondary educational institution, or a period of up to one academic year, whichever period is longer, as specified, and requires an enrolled graduate student in good academic standing who is not the birth parent and who chooses to take a leave of absence because of the birth of the students child to be able to return to the students program in good academic standing following a leave period that is consistent with the policies of the postsecondary educational institution, or a period of up to one month, whichever period is longer, subject to the reasonable administrative requirements of the institution complaints, as specified.
This bill would explicitly prohibit a postsecondary educational institution from discriminating against a student based on the students current, potential, or past pregnancy or pregnancy-related conditions. The bill would extend to pregnant or recently pregnant undergraduate students the prohibitions and obligations placed by existing law on postsecondary educational institutions for pregnant or recently pregnant graduate students. The bill would require these institutions to: (1) require responsible employees, upon being informed of a students pregnancy or pregnancy-related condition, to give the student the institutions Title IX coordinators contact information of a coordinator designated by the institution, as specified, and information about what the Title IX coordinator can do to ensure the student has equal access to educational programs; (2) require reasonable accommodations provided to a pregnant student or a recently pregnant student to be provided though the institutions Title IX coordinator, and (3) provide a pregnant student or recently pregnant student access to a private and secure room for lactation. The bill would authorize a student to voluntarily accept or reject an accommodation, and would require the institution to immediately implement an accommodation the student accepts. The bill would require birth parent and nonbirth parent students, upon returning to their education program, to be reinstated to the academic status held before their voluntary leave of absence began. For a birth parent or nonbirth parent graduate or undergraduate student, the bill would prohibit an institution from reducing the students institution-based financial aid upon returning from the leave of absence.
The Equity in Higher Education Act also requires each postsecondary educational institution to have a written policy for graduate students on pregnancy discrimination and procedures for addressing pregnancy discrimination. The act requires a copy of the policy to be made available to all faculty, staff, and employees in their required training.
This bill would require each postsecondary educational institution to revise its policy to include procedures for accessing reasonable accommodations for a pregnant student or a recently pregnant student. The bill would require the policy to be emailed to students, faculty, staff, and employees at the beginning of each academic year. The bill would also require each institution to prominently post the policy on its internet website and to provide the policy through its on-campus medical center, as specified.
By imposing new duties on community college districts, the bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. Section 66281.7 of the Education Code is amended to read:66281.7. (a) It is the policy of the State of California, pursuant to Section 66251, that all persons, regardless of their sex, should enjoy freedom from discrimination of any kind, including, but not limited to, discrimination based on the students current, potential, or past parental, family, or marital status as prohibited by Title IX of the Education Amendments of 1972 (20 U.S.C. Sec. 1681, et seq.), status, in the postsecondary educational institutions of the state.(b) A postsecondary educational institution shall not discriminate against a student based on the students current, potential, or past pregnancy or pregnancy-related conditions. A postsecondary educational institution has not committed discrimination when it permits a student, based on pregnancy or pregnancy-related conditions, to voluntarily participate in a separate portion of a an education program or activity, if the postsecondary educational institution ensures that the separate portion is comparable to the education program or activity offered to students who are not pregnant and do not have pregnancy-related conditions.(c) Each of the following requirements apply to postsecondary educational institutions in the state:(1) A postsecondary educational institution, including the faculty, staff, or other employees of the institution, shall not do any of the following solely due to pregnancy or pregnancy-related issues:(A) Require an undergraduate or graduate student to take a leave of absence or withdraw from an undergraduate or graduate program.(B) Limit the students undergraduate or graduate studies.(2) A postsecondary educational institution shall require each responsible employee, as defined in Section 66281.8, upon being informed of a students pregnancy or pregnancy-related condition, to give the student the Title IX coordinators contact information and inform the student that the Title IX coordinator can coordinate specific actions to prevent sex discrimination by ensuring that the student has equal access to educational programs offered by the postsecondary educational institution.(3) (A) A postsecondary educational institution, through the postsecondary educational institutions Title IX coordinator, shall provide reasonable accommodations to a pregnant student or a recently pregnant student so the student may complete their undergraduate or graduate courses of study and research. Reasonable accommodations shall be based on the individual students needs. In determining the accommodations to provide a student, the postsecondary educational institutions Title IX coordinator shall consult with the student.(B) Reasonable accommodation accommodations shall include excusing absences that are medically necessary, as required under Title IX. Reasonable accommodations may include, but are not limited to, all of the following:(i) Breaks during class to express breast milk, breast feed, or attend to health needs associated with pregnancy or pregnancy-related conditions, including eating, drinking, or using the restroom.(ii) Intermittent absences to attend medical appointments.(iii) Access to online or homebound education.(iv) Changes in schedule or course sequence.(v) Time extensions for coursework and rescheduling of tests and examinations.(vi) Being allowed to sit or stand, or carry or keep water nearby.(vii) Counseling.(viii) Changes in physical space or supplies.(ix) Elevator access.(x) Other accommodations for the pregnant students health or safety.(xi) Allowing the student to take a leave of absence. absence that is not medically necessary.(xii) Other changes to the postsecondary educational institutions policies, practices, or procedures.(C) An accommodation that a postsecondary educational institution can demonstrate would fundamentally alter the nature of its education program or activity is not a reasonable accommodation.(D) A student may voluntarily accept or reject any reasonable accommodation offered pursuant to this section. If a student accepts a reasonable accommodation offered pursuant to this section, the institution shall immediately implement it.(4)A graduate student who chooses to take a leave of absence because the graduate student is pregnant or has recently given birth shall be allowed a period consistent with the time deemed medically necessary by the students licensed healthcare provider, or a period of 12 months, whichever period is longer, to prepare for and take preliminary and qualifying examinations and an extension of at least 12 months toward normative time to degree while in candidacy for a graduate degree, unless a longer extension is medically necessary. Upon the students return to the graduate program, the student shall be reinstated to the academic status and, as practicable, to the extracurricular status the student held before their voluntary leave of absence began.(5)An undergraduate student who chooses to take a leave of absence because the undergraduate student is pregnant or has recently given birth shall be allowed a period consistent with the time deemed medically necessary by the students licensed healthcare provider, or a period of 12 months, whichever period is longer. The postsecondary educational institution shall not reduce the students institution-based financial aid upon the students return from the voluntary leave of absence. This prohibition does not require the postsecondary educational institution to provide institution-based financial aid during the students leave of absence. However, it shall ensure that a leave of absence does not disrupt the continuation of institution-based financial aid upon the students return to the undergraduate program. Upon the students return, the student shall be reinstated to the academic status and, as practicable, to the extracurricular status the student held before their voluntary leave of absence began.(6)A graduate student who is not the birth parent and who chooses to take a leave of absence because of the birth of the students child shall be allowed a period consistent with the policies of the postsecondary educational institution, or a period of one month, whichever period is longer, to prepare for and take preliminary and qualifying examinations, and an extension of at least one month toward normative time to degree while in candidacy for a graduate degree, unless a longer period or extension is medically necessary to care for the students partner or their child. Upon the students return to the graduate program, the student shall be reinstated to the academic status and, as practicable, to the extracurricular status the student held before the voluntary leave of absence began.(7)A undergraduate student who is not the birth parent and who chooses to take a leave of absence because of the birth of the students child shall be allowed a period consistent with the policies of the postsecondary educational institution, or a period of one month, whichever period is longer, to prepare for and take preliminary and qualifying examinations. The postsecondary educational institution shall not reduce the students institution-based financial aid upon the students return from the leave of absence. This prohibition does not require the postsecondary educational intuition to provide institution-based financial aid during the students leave of absence. However, it shall ensure that a leave of absence does not disrupt the continuation of institution-based financial aid upon the students return to the undergraduate program. Upon the students return, the student shall be reinstated to the academic status and, as practicable, to the extracurricular status the student held before the voluntary leave of absence began.(8)(4) A postsecondary educational institution shall offer to an undergraduate or graduate pregnant student or an undergraduate or graduate student who has recently given birth a leave of absence pursuant to this paragraph. An undergraduate or graduate student who chooses to take a leave of absence because the student is pregnant or has recently given birth shall be allowed a period consistent with the policies of the postsecondary educational institution, or a period of 12 months, whichever period is longer, to prepare for and take preliminary and qualifying examinations, and an extension of at least 12 months toward normative time to degree while in candidacy for an undergraduate or graduate degree, unless a longer extension is medically necessary. The postsecondary educational institution shall not reduce the students institution-based financial aid upon the students return from the voluntary leave of absence. This prohibition does not require the postsecondary educational institution to provide institution-based financial aid during the students voluntary leave of absence. However, it shall ensure that the students voluntary leave of absence does not disrupt the continuation of institution-based financial aid upon the students return to the undergraduate or graduate program. Upon the students return to the undergraduate or graduate program, the student shall be reinstated to the academic status and, as practicable, to the extracurricular and employment status the student held before their voluntary leave of absence began.(5) A postsecondary educational institution shall offer to an undergraduate or graduate student who is not the birth parent a leave of absence pursuant to this paragraph because of the birth, adoption, or placement of the students child. An undergraduate or graduate student who is not the birth parent and who chooses to take a leave of absence because of the birth, adoption, or placement of the students child shall be allowed a period consistent with the policies of the postsecondary educational institution, or a period of one month, whichever period is longer, to prepare for and take preliminary and qualifying examinations, and an extension of at least one month toward normative time to degree while in candidacy for an undergraduate or graduate degree, unless a longer period or extension is medically necessary to care for the students partner or their child. The postsecondary educational institution shall not reduce the students institution-based financial aid upon the students return from the voluntary leave of absence. This prohibition does not require the postsecondary educational institution to provide institution-based financial aid during the students voluntary leave of absence. However, it shall ensure that a students voluntary leave of absence does not disrupt the continuation of institution-based financial aid upon the students return to the undergraduate or graduate program. Upon the students return to the undergraduate or graduate program, the student shall be reinstated to the academic status and, as practicable, to the extracurricular and employment status the student held before their voluntary leave of absence began.(6) An enrolled undergraduate or graduate student in good academic standing who chooses to take a leave of absence because the student is pregnant, or has recently given birth, shall return to the their undergraduate or graduate program in good academic standing following a leave period consistent with the policies of the postsecondary educational institution, or of up to one academic year, whichever period is longer, subject to the reasonable administrative requirements of the institution, unless there is a medical reason for a longer absence, in which case the students standing in the undergraduate or graduate program shall be maintained during that period of absence. Upon the students return to the undergraduate or graduate program, the student shall be reinstated, as practicable, to the extracurricular and employment status with the postsecondary educational institution the student held before their voluntary leave of absence began.(7) An enrolled undergraduate or graduate student in good academic standing who is not the birth parent and who chooses to take a leave of absence because of the birth, adoption, or placement of the students child shall return to their undergraduate or graduate program in good academic standing following a leave period consistent with the policies of the postsecondary educational institution or of up to one month, whichever period is longer, subject to the reasonable administrative requirements of the postsecondary educational institution. Upon the students return to the undergraduate or graduate program, the student shall be reinstated, as practicable, to the extracurricular and employment status with the postsecondary educational institution the student held before their voluntary leave of absence began.(8) (A) A postsecondary educational institution shall provide a pregnant or recently pregnant student access to a private and secure room for lactation.(B) The lactation room accommodation described in subparagraph (A) shall be consistent with Section 66271.9.(9) A postsecondary education educational institution shall not require a student to provide supporting documentation before the postsecondary educational institution provides reasonable accommodations pursuant to paragraph (3), unless documentation is necessary and reasonable for the postsecondary educational institution to determine whether the reasonable accommodation is necessary to provide the student with equal access to education.(d)Each postsecondary educational institution shall have a written policy for students on pregnancy discrimination, procedures for addressing pregnancy discrimination complaints under Title IX, and procedures for accessing reasonable accommodations under Title IX pursuant to this section. A(d) (1) Each postsecondary educational institution shall adopt a written policy for students on pregnancy discrimination. The policy shall include procedures for accessing reasonable accommodations under this section and for addressing pregnancy discrimination complaints for alleged noncompliance with this section. The procedures for addressing pregnancy discrimination complaints shall be consistent with the postsecondary educational institutions procedures for addressing other forms of discrimination.(2) A copy of the policy shall be emailed to students, faculty, staff, and employees at the beginning of each academic year, and shall be made available to faculty, staff, and employees in their required training. The policy shall be made available to all students attending orientation sessions at a postsecondary educational institution.(e) Each postsecondary educational institution shall notify pregnant and parenting students of the protections provided by Title IX and the postsecondary educational institutions policies established pursuant to this section by prominently posting a notice of the Title IX protections and the policies established pursuant to this section on the postsecondary educational institutions internet website.(f) Each postsecondary educational institution with an on-campus medical center shall provide notice of the protections provided by Title IX and the postsecondary educational institutions policies established pursuant to this section through the medical center to a student who requests information regarding policies or protections for students with children or pregnant students and when otherwise appropriate.(g) For purposes of this section, postsecondary the following definitions apply:(1) Coordinator means the same employee designated by the postsecondary educational institution pursuant to paragraph (2) of subdivision (b) of Section 66281.8.(2) Postsecondary educational institution means a campus of the University of California, the California State University, or the California Community Colleges, or a private postsecondary educational institution or independent institution of higher education that receives state financial assistance, as defined in Section 213, or state student financial aid, as defined in Section 214. (h) Notwithstanding Section 67400, this section shall apply to the University of California.SEC. 2. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
SECTION 1. Section 66281.7 of the Education Code is amended to read:66281.7. (a) It is the policy of the State of California, pursuant to Section 66251, that all persons, regardless of their sex, should enjoy freedom from discrimination of any kind, including, but not limited to, discrimination based on the students current, potential, or past parental, family, or marital status as prohibited by Title IX of the Education Amendments of 1972 (20 U.S.C. Sec. 1681, et seq.), status, in the postsecondary educational institutions of the state.(b) A postsecondary educational institution shall not discriminate against a student based on the students current, potential, or past pregnancy or pregnancy-related conditions. A postsecondary educational institution has not committed discrimination when it permits a student, based on pregnancy or pregnancy-related conditions, to voluntarily participate in a separate portion of a an education program or activity, if the postsecondary educational institution ensures that the separate portion is comparable to the education program or activity offered to students who are not pregnant and do not have pregnancy-related conditions.(c) Each of the following requirements apply to postsecondary educational institutions in the state:(1) A postsecondary educational institution, including the faculty, staff, or other employees of the institution, shall not do any of the following solely due to pregnancy or pregnancy-related issues:(A) Require an undergraduate or graduate student to take a leave of absence or withdraw from an undergraduate or graduate program.(B) Limit the students undergraduate or graduate studies.(2) A postsecondary educational institution shall require each responsible employee, as defined in Section 66281.8, upon being informed of a students pregnancy or pregnancy-related condition, to give the student the Title IX coordinators contact information and inform the student that the Title IX coordinator can coordinate specific actions to prevent sex discrimination by ensuring that the student has equal access to educational programs offered by the postsecondary educational institution.(3) (A) A postsecondary educational institution, through the postsecondary educational institutions Title IX coordinator, shall provide reasonable accommodations to a pregnant student or a recently pregnant student so the student may complete their undergraduate or graduate courses of study and research. Reasonable accommodations shall be based on the individual students needs. In determining the accommodations to provide a student, the postsecondary educational institutions Title IX coordinator shall consult with the student.(B) Reasonable accommodation accommodations shall include excusing absences that are medically necessary, as required under Title IX. Reasonable accommodations may include, but are not limited to, all of the following:(i) Breaks during class to express breast milk, breast feed, or attend to health needs associated with pregnancy or pregnancy-related conditions, including eating, drinking, or using the restroom.(ii) Intermittent absences to attend medical appointments.(iii) Access to online or homebound education.(iv) Changes in schedule or course sequence.(v) Time extensions for coursework and rescheduling of tests and examinations.(vi) Being allowed to sit or stand, or carry or keep water nearby.(vii) Counseling.(viii) Changes in physical space or supplies.(ix) Elevator access.(x) Other accommodations for the pregnant students health or safety.(xi) Allowing the student to take a leave of absence. absence that is not medically necessary.(xii) Other changes to the postsecondary educational institutions policies, practices, or procedures.(C) An accommodation that a postsecondary educational institution can demonstrate would fundamentally alter the nature of its education program or activity is not a reasonable accommodation.(D) A student may voluntarily accept or reject any reasonable accommodation offered pursuant to this section. If a student accepts a reasonable accommodation offered pursuant to this section, the institution shall immediately implement it.(4)A graduate student who chooses to take a leave of absence because the graduate student is pregnant or has recently given birth shall be allowed a period consistent with the time deemed medically necessary by the students licensed healthcare provider, or a period of 12 months, whichever period is longer, to prepare for and take preliminary and qualifying examinations and an extension of at least 12 months toward normative time to degree while in candidacy for a graduate degree, unless a longer extension is medically necessary. Upon the students return to the graduate program, the student shall be reinstated to the academic status and, as practicable, to the extracurricular status the student held before their voluntary leave of absence began.(5)An undergraduate student who chooses to take a leave of absence because the undergraduate student is pregnant or has recently given birth shall be allowed a period consistent with the time deemed medically necessary by the students licensed healthcare provider, or a period of 12 months, whichever period is longer. The postsecondary educational institution shall not reduce the students institution-based financial aid upon the students return from the voluntary leave of absence. This prohibition does not require the postsecondary educational institution to provide institution-based financial aid during the students leave of absence. However, it shall ensure that a leave of absence does not disrupt the continuation of institution-based financial aid upon the students return to the undergraduate program. Upon the students return, the student shall be reinstated to the academic status and, as practicable, to the extracurricular status the student held before their voluntary leave of absence began.(6)A graduate student who is not the birth parent and who chooses to take a leave of absence because of the birth of the students child shall be allowed a period consistent with the policies of the postsecondary educational institution, or a period of one month, whichever period is longer, to prepare for and take preliminary and qualifying examinations, and an extension of at least one month toward normative time to degree while in candidacy for a graduate degree, unless a longer period or extension is medically necessary to care for the students partner or their child. Upon the students return to the graduate program, the student shall be reinstated to the academic status and, as practicable, to the extracurricular status the student held before the voluntary leave of absence began.(7)A undergraduate student who is not the birth parent and who chooses to take a leave of absence because of the birth of the students child shall be allowed a period consistent with the policies of the postsecondary educational institution, or a period of one month, whichever period is longer, to prepare for and take preliminary and qualifying examinations. The postsecondary educational institution shall not reduce the students institution-based financial aid upon the students return from the leave of absence. This prohibition does not require the postsecondary educational intuition to provide institution-based financial aid during the students leave of absence. However, it shall ensure that a leave of absence does not disrupt the continuation of institution-based financial aid upon the students return to the undergraduate program. Upon the students return, the student shall be reinstated to the academic status and, as practicable, to the extracurricular status the student held before the voluntary leave of absence began.(8)(4) A postsecondary educational institution shall offer to an undergraduate or graduate pregnant student or an undergraduate or graduate student who has recently given birth a leave of absence pursuant to this paragraph. An undergraduate or graduate student who chooses to take a leave of absence because the student is pregnant or has recently given birth shall be allowed a period consistent with the policies of the postsecondary educational institution, or a period of 12 months, whichever period is longer, to prepare for and take preliminary and qualifying examinations, and an extension of at least 12 months toward normative time to degree while in candidacy for an undergraduate or graduate degree, unless a longer extension is medically necessary. The postsecondary educational institution shall not reduce the students institution-based financial aid upon the students return from the voluntary leave of absence. This prohibition does not require the postsecondary educational institution to provide institution-based financial aid during the students voluntary leave of absence. However, it shall ensure that the students voluntary leave of absence does not disrupt the continuation of institution-based financial aid upon the students return to the undergraduate or graduate program. Upon the students return to the undergraduate or graduate program, the student shall be reinstated to the academic status and, as practicable, to the extracurricular and employment status the student held before their voluntary leave of absence began.(5) A postsecondary educational institution shall offer to an undergraduate or graduate student who is not the birth parent a leave of absence pursuant to this paragraph because of the birth, adoption, or placement of the students child. An undergraduate or graduate student who is not the birth parent and who chooses to take a leave of absence because of the birth, adoption, or placement of the students child shall be allowed a period consistent with the policies of the postsecondary educational institution, or a period of one month, whichever period is longer, to prepare for and take preliminary and qualifying examinations, and an extension of at least one month toward normative time to degree while in candidacy for an undergraduate or graduate degree, unless a longer period or extension is medically necessary to care for the students partner or their child. The postsecondary educational institution shall not reduce the students institution-based financial aid upon the students return from the voluntary leave of absence. This prohibition does not require the postsecondary educational institution to provide institution-based financial aid during the students voluntary leave of absence. However, it shall ensure that a students voluntary leave of absence does not disrupt the continuation of institution-based financial aid upon the students return to the undergraduate or graduate program. Upon the students return to the undergraduate or graduate program, the student shall be reinstated to the academic status and, as practicable, to the extracurricular and employment status the student held before their voluntary leave of absence began.(6) An enrolled undergraduate or graduate student in good academic standing who chooses to take a leave of absence because the student is pregnant, or has recently given birth, shall return to the their undergraduate or graduate program in good academic standing following a leave period consistent with the policies of the postsecondary educational institution, or of up to one academic year, whichever period is longer, subject to the reasonable administrative requirements of the institution, unless there is a medical reason for a longer absence, in which case the students standing in the undergraduate or graduate program shall be maintained during that period of absence. Upon the students return to the undergraduate or graduate program, the student shall be reinstated, as practicable, to the extracurricular and employment status with the postsecondary educational institution the student held before their voluntary leave of absence began.(7) An enrolled undergraduate or graduate student in good academic standing who is not the birth parent and who chooses to take a leave of absence because of the birth, adoption, or placement of the students child shall return to their undergraduate or graduate program in good academic standing following a leave period consistent with the policies of the postsecondary educational institution or of up to one month, whichever period is longer, subject to the reasonable administrative requirements of the postsecondary educational institution. Upon the students return to the undergraduate or graduate program, the student shall be reinstated, as practicable, to the extracurricular and employment status with the postsecondary educational institution the student held before their voluntary leave of absence began.(8) (A) A postsecondary educational institution shall provide a pregnant or recently pregnant student access to a private and secure room for lactation.(B) The lactation room accommodation described in subparagraph (A) shall be consistent with Section 66271.9.(9) A postsecondary education educational institution shall not require a student to provide supporting documentation before the postsecondary educational institution provides reasonable accommodations pursuant to paragraph (3), unless documentation is necessary and reasonable for the postsecondary educational institution to determine whether the reasonable accommodation is necessary to provide the student with equal access to education.(d)Each postsecondary educational institution shall have a written policy for students on pregnancy discrimination, procedures for addressing pregnancy discrimination complaints under Title IX, and procedures for accessing reasonable accommodations under Title IX pursuant to this section. A(d) (1) Each postsecondary educational institution shall adopt a written policy for students on pregnancy discrimination. The policy shall include procedures for accessing reasonable accommodations under this section and for addressing pregnancy discrimination complaints for alleged noncompliance with this section. The procedures for addressing pregnancy discrimination complaints shall be consistent with the postsecondary educational institutions procedures for addressing other forms of discrimination.(2) A copy of the policy shall be emailed to students, faculty, staff, and employees at the beginning of each academic year, and shall be made available to faculty, staff, and employees in their required training. The policy shall be made available to all students attending orientation sessions at a postsecondary educational institution.(e) Each postsecondary educational institution shall notify pregnant and parenting students of the protections provided by Title IX and the postsecondary educational institutions policies established pursuant to this section by prominently posting a notice of the Title IX protections and the policies established pursuant to this section on the postsecondary educational institutions internet website.(f) Each postsecondary educational institution with an on-campus medical center shall provide notice of the protections provided by Title IX and the postsecondary educational institutions policies established pursuant to this section through the medical center to a student who requests information regarding policies or protections for students with children or pregnant students and when otherwise appropriate.(g) For purposes of this section, postsecondary the following definitions apply:(1) Coordinator means the same employee designated by the postsecondary educational institution pursuant to paragraph (2) of subdivision (b) of Section 66281.8.(2) Postsecondary educational institution means a campus of the University of California, the California State University, or the California Community Colleges, or a private postsecondary educational institution or independent institution of higher education that receives state financial assistance, as defined in Section 213, or state student financial aid, as defined in Section 214. (h) Notwithstanding Section 67400, this section shall apply to the University of California.
SECTION 1. Section 66281.7 of the Education Code is amended to read:
### SECTION 1.
66281.7. (a) It is the policy of the State of California, pursuant to Section 66251, that all persons, regardless of their sex, should enjoy freedom from discrimination of any kind, including, but not limited to, discrimination based on the students current, potential, or past parental, family, or marital status as prohibited by Title IX of the Education Amendments of 1972 (20 U.S.C. Sec. 1681, et seq.), status, in the postsecondary educational institutions of the state.(b) A postsecondary educational institution shall not discriminate against a student based on the students current, potential, or past pregnancy or pregnancy-related conditions. A postsecondary educational institution has not committed discrimination when it permits a student, based on pregnancy or pregnancy-related conditions, to voluntarily participate in a separate portion of a an education program or activity, if the postsecondary educational institution ensures that the separate portion is comparable to the education program or activity offered to students who are not pregnant and do not have pregnancy-related conditions.(c) Each of the following requirements apply to postsecondary educational institutions in the state:(1) A postsecondary educational institution, including the faculty, staff, or other employees of the institution, shall not do any of the following solely due to pregnancy or pregnancy-related issues:(A) Require an undergraduate or graduate student to take a leave of absence or withdraw from an undergraduate or graduate program.(B) Limit the students undergraduate or graduate studies.(2) A postsecondary educational institution shall require each responsible employee, as defined in Section 66281.8, upon being informed of a students pregnancy or pregnancy-related condition, to give the student the Title IX coordinators contact information and inform the student that the Title IX coordinator can coordinate specific actions to prevent sex discrimination by ensuring that the student has equal access to educational programs offered by the postsecondary educational institution.(3) (A) A postsecondary educational institution, through the postsecondary educational institutions Title IX coordinator, shall provide reasonable accommodations to a pregnant student or a recently pregnant student so the student may complete their undergraduate or graduate courses of study and research. Reasonable accommodations shall be based on the individual students needs. In determining the accommodations to provide a student, the postsecondary educational institutions Title IX coordinator shall consult with the student.(B) Reasonable accommodation accommodations shall include excusing absences that are medically necessary, as required under Title IX. Reasonable accommodations may include, but are not limited to, all of the following:(i) Breaks during class to express breast milk, breast feed, or attend to health needs associated with pregnancy or pregnancy-related conditions, including eating, drinking, or using the restroom.(ii) Intermittent absences to attend medical appointments.(iii) Access to online or homebound education.(iv) Changes in schedule or course sequence.(v) Time extensions for coursework and rescheduling of tests and examinations.(vi) Being allowed to sit or stand, or carry or keep water nearby.(vii) Counseling.(viii) Changes in physical space or supplies.(ix) Elevator access.(x) Other accommodations for the pregnant students health or safety.(xi) Allowing the student to take a leave of absence. absence that is not medically necessary.(xii) Other changes to the postsecondary educational institutions policies, practices, or procedures.(C) An accommodation that a postsecondary educational institution can demonstrate would fundamentally alter the nature of its education program or activity is not a reasonable accommodation.(D) A student may voluntarily accept or reject any reasonable accommodation offered pursuant to this section. If a student accepts a reasonable accommodation offered pursuant to this section, the institution shall immediately implement it.(4)A graduate student who chooses to take a leave of absence because the graduate student is pregnant or has recently given birth shall be allowed a period consistent with the time deemed medically necessary by the students licensed healthcare provider, or a period of 12 months, whichever period is longer, to prepare for and take preliminary and qualifying examinations and an extension of at least 12 months toward normative time to degree while in candidacy for a graduate degree, unless a longer extension is medically necessary. Upon the students return to the graduate program, the student shall be reinstated to the academic status and, as practicable, to the extracurricular status the student held before their voluntary leave of absence began.(5)An undergraduate student who chooses to take a leave of absence because the undergraduate student is pregnant or has recently given birth shall be allowed a period consistent with the time deemed medically necessary by the students licensed healthcare provider, or a period of 12 months, whichever period is longer. The postsecondary educational institution shall not reduce the students institution-based financial aid upon the students return from the voluntary leave of absence. This prohibition does not require the postsecondary educational institution to provide institution-based financial aid during the students leave of absence. However, it shall ensure that a leave of absence does not disrupt the continuation of institution-based financial aid upon the students return to the undergraduate program. Upon the students return, the student shall be reinstated to the academic status and, as practicable, to the extracurricular status the student held before their voluntary leave of absence began.(6)A graduate student who is not the birth parent and who chooses to take a leave of absence because of the birth of the students child shall be allowed a period consistent with the policies of the postsecondary educational institution, or a period of one month, whichever period is longer, to prepare for and take preliminary and qualifying examinations, and an extension of at least one month toward normative time to degree while in candidacy for a graduate degree, unless a longer period or extension is medically necessary to care for the students partner or their child. Upon the students return to the graduate program, the student shall be reinstated to the academic status and, as practicable, to the extracurricular status the student held before the voluntary leave of absence began.(7)A undergraduate student who is not the birth parent and who chooses to take a leave of absence because of the birth of the students child shall be allowed a period consistent with the policies of the postsecondary educational institution, or a period of one month, whichever period is longer, to prepare for and take preliminary and qualifying examinations. The postsecondary educational institution shall not reduce the students institution-based financial aid upon the students return from the leave of absence. This prohibition does not require the postsecondary educational intuition to provide institution-based financial aid during the students leave of absence. However, it shall ensure that a leave of absence does not disrupt the continuation of institution-based financial aid upon the students return to the undergraduate program. Upon the students return, the student shall be reinstated to the academic status and, as practicable, to the extracurricular status the student held before the voluntary leave of absence began.(8)(4) A postsecondary educational institution shall offer to an undergraduate or graduate pregnant student or an undergraduate or graduate student who has recently given birth a leave of absence pursuant to this paragraph. An undergraduate or graduate student who chooses to take a leave of absence because the student is pregnant or has recently given birth shall be allowed a period consistent with the policies of the postsecondary educational institution, or a period of 12 months, whichever period is longer, to prepare for and take preliminary and qualifying examinations, and an extension of at least 12 months toward normative time to degree while in candidacy for an undergraduate or graduate degree, unless a longer extension is medically necessary. The postsecondary educational institution shall not reduce the students institution-based financial aid upon the students return from the voluntary leave of absence. This prohibition does not require the postsecondary educational institution to provide institution-based financial aid during the students voluntary leave of absence. However, it shall ensure that the students voluntary leave of absence does not disrupt the continuation of institution-based financial aid upon the students return to the undergraduate or graduate program. Upon the students return to the undergraduate or graduate program, the student shall be reinstated to the academic status and, as practicable, to the extracurricular and employment status the student held before their voluntary leave of absence began.(5) A postsecondary educational institution shall offer to an undergraduate or graduate student who is not the birth parent a leave of absence pursuant to this paragraph because of the birth, adoption, or placement of the students child. An undergraduate or graduate student who is not the birth parent and who chooses to take a leave of absence because of the birth, adoption, or placement of the students child shall be allowed a period consistent with the policies of the postsecondary educational institution, or a period of one month, whichever period is longer, to prepare for and take preliminary and qualifying examinations, and an extension of at least one month toward normative time to degree while in candidacy for an undergraduate or graduate degree, unless a longer period or extension is medically necessary to care for the students partner or their child. The postsecondary educational institution shall not reduce the students institution-based financial aid upon the students return from the voluntary leave of absence. This prohibition does not require the postsecondary educational institution to provide institution-based financial aid during the students voluntary leave of absence. However, it shall ensure that a students voluntary leave of absence does not disrupt the continuation of institution-based financial aid upon the students return to the undergraduate or graduate program. Upon the students return to the undergraduate or graduate program, the student shall be reinstated to the academic status and, as practicable, to the extracurricular and employment status the student held before their voluntary leave of absence began.(6) An enrolled undergraduate or graduate student in good academic standing who chooses to take a leave of absence because the student is pregnant, or has recently given birth, shall return to the their undergraduate or graduate program in good academic standing following a leave period consistent with the policies of the postsecondary educational institution, or of up to one academic year, whichever period is longer, subject to the reasonable administrative requirements of the institution, unless there is a medical reason for a longer absence, in which case the students standing in the undergraduate or graduate program shall be maintained during that period of absence. Upon the students return to the undergraduate or graduate program, the student shall be reinstated, as practicable, to the extracurricular and employment status with the postsecondary educational institution the student held before their voluntary leave of absence began.(7) An enrolled undergraduate or graduate student in good academic standing who is not the birth parent and who chooses to take a leave of absence because of the birth, adoption, or placement of the students child shall return to their undergraduate or graduate program in good academic standing following a leave period consistent with the policies of the postsecondary educational institution or of up to one month, whichever period is longer, subject to the reasonable administrative requirements of the postsecondary educational institution. Upon the students return to the undergraduate or graduate program, the student shall be reinstated, as practicable, to the extracurricular and employment status with the postsecondary educational institution the student held before their voluntary leave of absence began.(8) (A) A postsecondary educational institution shall provide a pregnant or recently pregnant student access to a private and secure room for lactation.(B) The lactation room accommodation described in subparagraph (A) shall be consistent with Section 66271.9.(9) A postsecondary education educational institution shall not require a student to provide supporting documentation before the postsecondary educational institution provides reasonable accommodations pursuant to paragraph (3), unless documentation is necessary and reasonable for the postsecondary educational institution to determine whether the reasonable accommodation is necessary to provide the student with equal access to education.(d)Each postsecondary educational institution shall have a written policy for students on pregnancy discrimination, procedures for addressing pregnancy discrimination complaints under Title IX, and procedures for accessing reasonable accommodations under Title IX pursuant to this section. A(d) (1) Each postsecondary educational institution shall adopt a written policy for students on pregnancy discrimination. The policy shall include procedures for accessing reasonable accommodations under this section and for addressing pregnancy discrimination complaints for alleged noncompliance with this section. The procedures for addressing pregnancy discrimination complaints shall be consistent with the postsecondary educational institutions procedures for addressing other forms of discrimination.(2) A copy of the policy shall be emailed to students, faculty, staff, and employees at the beginning of each academic year, and shall be made available to faculty, staff, and employees in their required training. The policy shall be made available to all students attending orientation sessions at a postsecondary educational institution.(e) Each postsecondary educational institution shall notify pregnant and parenting students of the protections provided by Title IX and the postsecondary educational institutions policies established pursuant to this section by prominently posting a notice of the Title IX protections and the policies established pursuant to this section on the postsecondary educational institutions internet website.(f) Each postsecondary educational institution with an on-campus medical center shall provide notice of the protections provided by Title IX and the postsecondary educational institutions policies established pursuant to this section through the medical center to a student who requests information regarding policies or protections for students with children or pregnant students and when otherwise appropriate.(g) For purposes of this section, postsecondary the following definitions apply:(1) Coordinator means the same employee designated by the postsecondary educational institution pursuant to paragraph (2) of subdivision (b) of Section 66281.8.(2) Postsecondary educational institution means a campus of the University of California, the California State University, or the California Community Colleges, or a private postsecondary educational institution or independent institution of higher education that receives state financial assistance, as defined in Section 213, or state student financial aid, as defined in Section 214. (h) Notwithstanding Section 67400, this section shall apply to the University of California.
66281.7. (a) It is the policy of the State of California, pursuant to Section 66251, that all persons, regardless of their sex, should enjoy freedom from discrimination of any kind, including, but not limited to, discrimination based on the students current, potential, or past parental, family, or marital status as prohibited by Title IX of the Education Amendments of 1972 (20 U.S.C. Sec. 1681, et seq.), status, in the postsecondary educational institutions of the state.(b) A postsecondary educational institution shall not discriminate against a student based on the students current, potential, or past pregnancy or pregnancy-related conditions. A postsecondary educational institution has not committed discrimination when it permits a student, based on pregnancy or pregnancy-related conditions, to voluntarily participate in a separate portion of a an education program or activity, if the postsecondary educational institution ensures that the separate portion is comparable to the education program or activity offered to students who are not pregnant and do not have pregnancy-related conditions.(c) Each of the following requirements apply to postsecondary educational institutions in the state:(1) A postsecondary educational institution, including the faculty, staff, or other employees of the institution, shall not do any of the following solely due to pregnancy or pregnancy-related issues:(A) Require an undergraduate or graduate student to take a leave of absence or withdraw from an undergraduate or graduate program.(B) Limit the students undergraduate or graduate studies.(2) A postsecondary educational institution shall require each responsible employee, as defined in Section 66281.8, upon being informed of a students pregnancy or pregnancy-related condition, to give the student the Title IX coordinators contact information and inform the student that the Title IX coordinator can coordinate specific actions to prevent sex discrimination by ensuring that the student has equal access to educational programs offered by the postsecondary educational institution.(3) (A) A postsecondary educational institution, through the postsecondary educational institutions Title IX coordinator, shall provide reasonable accommodations to a pregnant student or a recently pregnant student so the student may complete their undergraduate or graduate courses of study and research. Reasonable accommodations shall be based on the individual students needs. In determining the accommodations to provide a student, the postsecondary educational institutions Title IX coordinator shall consult with the student.(B) Reasonable accommodation accommodations shall include excusing absences that are medically necessary, as required under Title IX. Reasonable accommodations may include, but are not limited to, all of the following:(i) Breaks during class to express breast milk, breast feed, or attend to health needs associated with pregnancy or pregnancy-related conditions, including eating, drinking, or using the restroom.(ii) Intermittent absences to attend medical appointments.(iii) Access to online or homebound education.(iv) Changes in schedule or course sequence.(v) Time extensions for coursework and rescheduling of tests and examinations.(vi) Being allowed to sit or stand, or carry or keep water nearby.(vii) Counseling.(viii) Changes in physical space or supplies.(ix) Elevator access.(x) Other accommodations for the pregnant students health or safety.(xi) Allowing the student to take a leave of absence. absence that is not medically necessary.(xii) Other changes to the postsecondary educational institutions policies, practices, or procedures.(C) An accommodation that a postsecondary educational institution can demonstrate would fundamentally alter the nature of its education program or activity is not a reasonable accommodation.(D) A student may voluntarily accept or reject any reasonable accommodation offered pursuant to this section. If a student accepts a reasonable accommodation offered pursuant to this section, the institution shall immediately implement it.(4)A graduate student who chooses to take a leave of absence because the graduate student is pregnant or has recently given birth shall be allowed a period consistent with the time deemed medically necessary by the students licensed healthcare provider, or a period of 12 months, whichever period is longer, to prepare for and take preliminary and qualifying examinations and an extension of at least 12 months toward normative time to degree while in candidacy for a graduate degree, unless a longer extension is medically necessary. Upon the students return to the graduate program, the student shall be reinstated to the academic status and, as practicable, to the extracurricular status the student held before their voluntary leave of absence began.(5)An undergraduate student who chooses to take a leave of absence because the undergraduate student is pregnant or has recently given birth shall be allowed a period consistent with the time deemed medically necessary by the students licensed healthcare provider, or a period of 12 months, whichever period is longer. The postsecondary educational institution shall not reduce the students institution-based financial aid upon the students return from the voluntary leave of absence. This prohibition does not require the postsecondary educational institution to provide institution-based financial aid during the students leave of absence. However, it shall ensure that a leave of absence does not disrupt the continuation of institution-based financial aid upon the students return to the undergraduate program. Upon the students return, the student shall be reinstated to the academic status and, as practicable, to the extracurricular status the student held before their voluntary leave of absence began.(6)A graduate student who is not the birth parent and who chooses to take a leave of absence because of the birth of the students child shall be allowed a period consistent with the policies of the postsecondary educational institution, or a period of one month, whichever period is longer, to prepare for and take preliminary and qualifying examinations, and an extension of at least one month toward normative time to degree while in candidacy for a graduate degree, unless a longer period or extension is medically necessary to care for the students partner or their child. Upon the students return to the graduate program, the student shall be reinstated to the academic status and, as practicable, to the extracurricular status the student held before the voluntary leave of absence began.(7)A undergraduate student who is not the birth parent and who chooses to take a leave of absence because of the birth of the students child shall be allowed a period consistent with the policies of the postsecondary educational institution, or a period of one month, whichever period is longer, to prepare for and take preliminary and qualifying examinations. The postsecondary educational institution shall not reduce the students institution-based financial aid upon the students return from the leave of absence. This prohibition does not require the postsecondary educational intuition to provide institution-based financial aid during the students leave of absence. However, it shall ensure that a leave of absence does not disrupt the continuation of institution-based financial aid upon the students return to the undergraduate program. Upon the students return, the student shall be reinstated to the academic status and, as practicable, to the extracurricular status the student held before the voluntary leave of absence began.(8)(4) A postsecondary educational institution shall offer to an undergraduate or graduate pregnant student or an undergraduate or graduate student who has recently given birth a leave of absence pursuant to this paragraph. An undergraduate or graduate student who chooses to take a leave of absence because the student is pregnant or has recently given birth shall be allowed a period consistent with the policies of the postsecondary educational institution, or a period of 12 months, whichever period is longer, to prepare for and take preliminary and qualifying examinations, and an extension of at least 12 months toward normative time to degree while in candidacy for an undergraduate or graduate degree, unless a longer extension is medically necessary. The postsecondary educational institution shall not reduce the students institution-based financial aid upon the students return from the voluntary leave of absence. This prohibition does not require the postsecondary educational institution to provide institution-based financial aid during the students voluntary leave of absence. However, it shall ensure that the students voluntary leave of absence does not disrupt the continuation of institution-based financial aid upon the students return to the undergraduate or graduate program. Upon the students return to the undergraduate or graduate program, the student shall be reinstated to the academic status and, as practicable, to the extracurricular and employment status the student held before their voluntary leave of absence began.(5) A postsecondary educational institution shall offer to an undergraduate or graduate student who is not the birth parent a leave of absence pursuant to this paragraph because of the birth, adoption, or placement of the students child. An undergraduate or graduate student who is not the birth parent and who chooses to take a leave of absence because of the birth, adoption, or placement of the students child shall be allowed a period consistent with the policies of the postsecondary educational institution, or a period of one month, whichever period is longer, to prepare for and take preliminary and qualifying examinations, and an extension of at least one month toward normative time to degree while in candidacy for an undergraduate or graduate degree, unless a longer period or extension is medically necessary to care for the students partner or their child. The postsecondary educational institution shall not reduce the students institution-based financial aid upon the students return from the voluntary leave of absence. This prohibition does not require the postsecondary educational institution to provide institution-based financial aid during the students voluntary leave of absence. However, it shall ensure that a students voluntary leave of absence does not disrupt the continuation of institution-based financial aid upon the students return to the undergraduate or graduate program. Upon the students return to the undergraduate or graduate program, the student shall be reinstated to the academic status and, as practicable, to the extracurricular and employment status the student held before their voluntary leave of absence began.(6) An enrolled undergraduate or graduate student in good academic standing who chooses to take a leave of absence because the student is pregnant, or has recently given birth, shall return to the their undergraduate or graduate program in good academic standing following a leave period consistent with the policies of the postsecondary educational institution, or of up to one academic year, whichever period is longer, subject to the reasonable administrative requirements of the institution, unless there is a medical reason for a longer absence, in which case the students standing in the undergraduate or graduate program shall be maintained during that period of absence. Upon the students return to the undergraduate or graduate program, the student shall be reinstated, as practicable, to the extracurricular and employment status with the postsecondary educational institution the student held before their voluntary leave of absence began.(7) An enrolled undergraduate or graduate student in good academic standing who is not the birth parent and who chooses to take a leave of absence because of the birth, adoption, or placement of the students child shall return to their undergraduate or graduate program in good academic standing following a leave period consistent with the policies of the postsecondary educational institution or of up to one month, whichever period is longer, subject to the reasonable administrative requirements of the postsecondary educational institution. Upon the students return to the undergraduate or graduate program, the student shall be reinstated, as practicable, to the extracurricular and employment status with the postsecondary educational institution the student held before their voluntary leave of absence began.(8) (A) A postsecondary educational institution shall provide a pregnant or recently pregnant student access to a private and secure room for lactation.(B) The lactation room accommodation described in subparagraph (A) shall be consistent with Section 66271.9.(9) A postsecondary education educational institution shall not require a student to provide supporting documentation before the postsecondary educational institution provides reasonable accommodations pursuant to paragraph (3), unless documentation is necessary and reasonable for the postsecondary educational institution to determine whether the reasonable accommodation is necessary to provide the student with equal access to education.(d)Each postsecondary educational institution shall have a written policy for students on pregnancy discrimination, procedures for addressing pregnancy discrimination complaints under Title IX, and procedures for accessing reasonable accommodations under Title IX pursuant to this section. A(d) (1) Each postsecondary educational institution shall adopt a written policy for students on pregnancy discrimination. The policy shall include procedures for accessing reasonable accommodations under this section and for addressing pregnancy discrimination complaints for alleged noncompliance with this section. The procedures for addressing pregnancy discrimination complaints shall be consistent with the postsecondary educational institutions procedures for addressing other forms of discrimination.(2) A copy of the policy shall be emailed to students, faculty, staff, and employees at the beginning of each academic year, and shall be made available to faculty, staff, and employees in their required training. The policy shall be made available to all students attending orientation sessions at a postsecondary educational institution.(e) Each postsecondary educational institution shall notify pregnant and parenting students of the protections provided by Title IX and the postsecondary educational institutions policies established pursuant to this section by prominently posting a notice of the Title IX protections and the policies established pursuant to this section on the postsecondary educational institutions internet website.(f) Each postsecondary educational institution with an on-campus medical center shall provide notice of the protections provided by Title IX and the postsecondary educational institutions policies established pursuant to this section through the medical center to a student who requests information regarding policies or protections for students with children or pregnant students and when otherwise appropriate.(g) For purposes of this section, postsecondary the following definitions apply:(1) Coordinator means the same employee designated by the postsecondary educational institution pursuant to paragraph (2) of subdivision (b) of Section 66281.8.(2) Postsecondary educational institution means a campus of the University of California, the California State University, or the California Community Colleges, or a private postsecondary educational institution or independent institution of higher education that receives state financial assistance, as defined in Section 213, or state student financial aid, as defined in Section 214. (h) Notwithstanding Section 67400, this section shall apply to the University of California.
66281.7. (a) It is the policy of the State of California, pursuant to Section 66251, that all persons, regardless of their sex, should enjoy freedom from discrimination of any kind, including, but not limited to, discrimination based on the students current, potential, or past parental, family, or marital status as prohibited by Title IX of the Education Amendments of 1972 (20 U.S.C. Sec. 1681, et seq.), status, in the postsecondary educational institutions of the state.(b) A postsecondary educational institution shall not discriminate against a student based on the students current, potential, or past pregnancy or pregnancy-related conditions. A postsecondary educational institution has not committed discrimination when it permits a student, based on pregnancy or pregnancy-related conditions, to voluntarily participate in a separate portion of a an education program or activity, if the postsecondary educational institution ensures that the separate portion is comparable to the education program or activity offered to students who are not pregnant and do not have pregnancy-related conditions.(c) Each of the following requirements apply to postsecondary educational institutions in the state:(1) A postsecondary educational institution, including the faculty, staff, or other employees of the institution, shall not do any of the following solely due to pregnancy or pregnancy-related issues:(A) Require an undergraduate or graduate student to take a leave of absence or withdraw from an undergraduate or graduate program.(B) Limit the students undergraduate or graduate studies.(2) A postsecondary educational institution shall require each responsible employee, as defined in Section 66281.8, upon being informed of a students pregnancy or pregnancy-related condition, to give the student the Title IX coordinators contact information and inform the student that the Title IX coordinator can coordinate specific actions to prevent sex discrimination by ensuring that the student has equal access to educational programs offered by the postsecondary educational institution.(3) (A) A postsecondary educational institution, through the postsecondary educational institutions Title IX coordinator, shall provide reasonable accommodations to a pregnant student or a recently pregnant student so the student may complete their undergraduate or graduate courses of study and research. Reasonable accommodations shall be based on the individual students needs. In determining the accommodations to provide a student, the postsecondary educational institutions Title IX coordinator shall consult with the student.(B) Reasonable accommodation accommodations shall include excusing absences that are medically necessary, as required under Title IX. Reasonable accommodations may include, but are not limited to, all of the following:(i) Breaks during class to express breast milk, breast feed, or attend to health needs associated with pregnancy or pregnancy-related conditions, including eating, drinking, or using the restroom.(ii) Intermittent absences to attend medical appointments.(iii) Access to online or homebound education.(iv) Changes in schedule or course sequence.(v) Time extensions for coursework and rescheduling of tests and examinations.(vi) Being allowed to sit or stand, or carry or keep water nearby.(vii) Counseling.(viii) Changes in physical space or supplies.(ix) Elevator access.(x) Other accommodations for the pregnant students health or safety.(xi) Allowing the student to take a leave of absence. absence that is not medically necessary.(xii) Other changes to the postsecondary educational institutions policies, practices, or procedures.(C) An accommodation that a postsecondary educational institution can demonstrate would fundamentally alter the nature of its education program or activity is not a reasonable accommodation.(D) A student may voluntarily accept or reject any reasonable accommodation offered pursuant to this section. If a student accepts a reasonable accommodation offered pursuant to this section, the institution shall immediately implement it.(4)A graduate student who chooses to take a leave of absence because the graduate student is pregnant or has recently given birth shall be allowed a period consistent with the time deemed medically necessary by the students licensed healthcare provider, or a period of 12 months, whichever period is longer, to prepare for and take preliminary and qualifying examinations and an extension of at least 12 months toward normative time to degree while in candidacy for a graduate degree, unless a longer extension is medically necessary. Upon the students return to the graduate program, the student shall be reinstated to the academic status and, as practicable, to the extracurricular status the student held before their voluntary leave of absence began.(5)An undergraduate student who chooses to take a leave of absence because the undergraduate student is pregnant or has recently given birth shall be allowed a period consistent with the time deemed medically necessary by the students licensed healthcare provider, or a period of 12 months, whichever period is longer. The postsecondary educational institution shall not reduce the students institution-based financial aid upon the students return from the voluntary leave of absence. This prohibition does not require the postsecondary educational institution to provide institution-based financial aid during the students leave of absence. However, it shall ensure that a leave of absence does not disrupt the continuation of institution-based financial aid upon the students return to the undergraduate program. Upon the students return, the student shall be reinstated to the academic status and, as practicable, to the extracurricular status the student held before their voluntary leave of absence began.(6)A graduate student who is not the birth parent and who chooses to take a leave of absence because of the birth of the students child shall be allowed a period consistent with the policies of the postsecondary educational institution, or a period of one month, whichever period is longer, to prepare for and take preliminary and qualifying examinations, and an extension of at least one month toward normative time to degree while in candidacy for a graduate degree, unless a longer period or extension is medically necessary to care for the students partner or their child. Upon the students return to the graduate program, the student shall be reinstated to the academic status and, as practicable, to the extracurricular status the student held before the voluntary leave of absence began.(7)A undergraduate student who is not the birth parent and who chooses to take a leave of absence because of the birth of the students child shall be allowed a period consistent with the policies of the postsecondary educational institution, or a period of one month, whichever period is longer, to prepare for and take preliminary and qualifying examinations. The postsecondary educational institution shall not reduce the students institution-based financial aid upon the students return from the leave of absence. This prohibition does not require the postsecondary educational intuition to provide institution-based financial aid during the students leave of absence. However, it shall ensure that a leave of absence does not disrupt the continuation of institution-based financial aid upon the students return to the undergraduate program. Upon the students return, the student shall be reinstated to the academic status and, as practicable, to the extracurricular status the student held before the voluntary leave of absence began.(8)(4) A postsecondary educational institution shall offer to an undergraduate or graduate pregnant student or an undergraduate or graduate student who has recently given birth a leave of absence pursuant to this paragraph. An undergraduate or graduate student who chooses to take a leave of absence because the student is pregnant or has recently given birth shall be allowed a period consistent with the policies of the postsecondary educational institution, or a period of 12 months, whichever period is longer, to prepare for and take preliminary and qualifying examinations, and an extension of at least 12 months toward normative time to degree while in candidacy for an undergraduate or graduate degree, unless a longer extension is medically necessary. The postsecondary educational institution shall not reduce the students institution-based financial aid upon the students return from the voluntary leave of absence. This prohibition does not require the postsecondary educational institution to provide institution-based financial aid during the students voluntary leave of absence. However, it shall ensure that the students voluntary leave of absence does not disrupt the continuation of institution-based financial aid upon the students return to the undergraduate or graduate program. Upon the students return to the undergraduate or graduate program, the student shall be reinstated to the academic status and, as practicable, to the extracurricular and employment status the student held before their voluntary leave of absence began.(5) A postsecondary educational institution shall offer to an undergraduate or graduate student who is not the birth parent a leave of absence pursuant to this paragraph because of the birth, adoption, or placement of the students child. An undergraduate or graduate student who is not the birth parent and who chooses to take a leave of absence because of the birth, adoption, or placement of the students child shall be allowed a period consistent with the policies of the postsecondary educational institution, or a period of one month, whichever period is longer, to prepare for and take preliminary and qualifying examinations, and an extension of at least one month toward normative time to degree while in candidacy for an undergraduate or graduate degree, unless a longer period or extension is medically necessary to care for the students partner or their child. The postsecondary educational institution shall not reduce the students institution-based financial aid upon the students return from the voluntary leave of absence. This prohibition does not require the postsecondary educational institution to provide institution-based financial aid during the students voluntary leave of absence. However, it shall ensure that a students voluntary leave of absence does not disrupt the continuation of institution-based financial aid upon the students return to the undergraduate or graduate program. Upon the students return to the undergraduate or graduate program, the student shall be reinstated to the academic status and, as practicable, to the extracurricular and employment status the student held before their voluntary leave of absence began.(6) An enrolled undergraduate or graduate student in good academic standing who chooses to take a leave of absence because the student is pregnant, or has recently given birth, shall return to the their undergraduate or graduate program in good academic standing following a leave period consistent with the policies of the postsecondary educational institution, or of up to one academic year, whichever period is longer, subject to the reasonable administrative requirements of the institution, unless there is a medical reason for a longer absence, in which case the students standing in the undergraduate or graduate program shall be maintained during that period of absence. Upon the students return to the undergraduate or graduate program, the student shall be reinstated, as practicable, to the extracurricular and employment status with the postsecondary educational institution the student held before their voluntary leave of absence began.(7) An enrolled undergraduate or graduate student in good academic standing who is not the birth parent and who chooses to take a leave of absence because of the birth, adoption, or placement of the students child shall return to their undergraduate or graduate program in good academic standing following a leave period consistent with the policies of the postsecondary educational institution or of up to one month, whichever period is longer, subject to the reasonable administrative requirements of the postsecondary educational institution. Upon the students return to the undergraduate or graduate program, the student shall be reinstated, as practicable, to the extracurricular and employment status with the postsecondary educational institution the student held before their voluntary leave of absence began.(8) (A) A postsecondary educational institution shall provide a pregnant or recently pregnant student access to a private and secure room for lactation.(B) The lactation room accommodation described in subparagraph (A) shall be consistent with Section 66271.9.(9) A postsecondary education educational institution shall not require a student to provide supporting documentation before the postsecondary educational institution provides reasonable accommodations pursuant to paragraph (3), unless documentation is necessary and reasonable for the postsecondary educational institution to determine whether the reasonable accommodation is necessary to provide the student with equal access to education.(d)Each postsecondary educational institution shall have a written policy for students on pregnancy discrimination, procedures for addressing pregnancy discrimination complaints under Title IX, and procedures for accessing reasonable accommodations under Title IX pursuant to this section. A(d) (1) Each postsecondary educational institution shall adopt a written policy for students on pregnancy discrimination. The policy shall include procedures for accessing reasonable accommodations under this section and for addressing pregnancy discrimination complaints for alleged noncompliance with this section. The procedures for addressing pregnancy discrimination complaints shall be consistent with the postsecondary educational institutions procedures for addressing other forms of discrimination.(2) A copy of the policy shall be emailed to students, faculty, staff, and employees at the beginning of each academic year, and shall be made available to faculty, staff, and employees in their required training. The policy shall be made available to all students attending orientation sessions at a postsecondary educational institution.(e) Each postsecondary educational institution shall notify pregnant and parenting students of the protections provided by Title IX and the postsecondary educational institutions policies established pursuant to this section by prominently posting a notice of the Title IX protections and the policies established pursuant to this section on the postsecondary educational institutions internet website.(f) Each postsecondary educational institution with an on-campus medical center shall provide notice of the protections provided by Title IX and the postsecondary educational institutions policies established pursuant to this section through the medical center to a student who requests information regarding policies or protections for students with children or pregnant students and when otherwise appropriate.(g) For purposes of this section, postsecondary the following definitions apply:(1) Coordinator means the same employee designated by the postsecondary educational institution pursuant to paragraph (2) of subdivision (b) of Section 66281.8.(2) Postsecondary educational institution means a campus of the University of California, the California State University, or the California Community Colleges, or a private postsecondary educational institution or independent institution of higher education that receives state financial assistance, as defined in Section 213, or state student financial aid, as defined in Section 214. (h) Notwithstanding Section 67400, this section shall apply to the University of California.
66281.7. (a) It is the policy of the State of California, pursuant to Section 66251, that all persons, regardless of their sex, should enjoy freedom from discrimination of any kind, including, but not limited to, discrimination based on the students current, potential, or past parental, family, or marital status as prohibited by Title IX of the Education Amendments of 1972 (20 U.S.C. Sec. 1681, et seq.), status, in the postsecondary educational institutions of the state.
(b) A postsecondary educational institution shall not discriminate against a student based on the students current, potential, or past pregnancy or pregnancy-related conditions. A postsecondary educational institution has not committed discrimination when it permits a student, based on pregnancy or pregnancy-related conditions, to voluntarily participate in a separate portion of a an education program or activity, if the postsecondary educational institution ensures that the separate portion is comparable to the education program or activity offered to students who are not pregnant and do not have pregnancy-related conditions.
(c) Each of the following requirements apply to postsecondary educational institutions in the state:
(1) A postsecondary educational institution, including the faculty, staff, or other employees of the institution, shall not do any of the following solely due to pregnancy or pregnancy-related issues:
(A) Require an undergraduate or graduate student to take a leave of absence or withdraw from an undergraduate or graduate program.
(B) Limit the students undergraduate or graduate studies.
(2) A postsecondary educational institution shall require each responsible employee, as defined in Section 66281.8, upon being informed of a students pregnancy or pregnancy-related condition, to give the student the Title IX coordinators contact information and inform the student that the Title IX coordinator can coordinate specific actions to prevent sex discrimination by ensuring that the student has equal access to educational programs offered by the postsecondary educational institution.
(3) (A) A postsecondary educational institution, through the postsecondary educational institutions Title IX coordinator, shall provide reasonable accommodations to a pregnant student or a recently pregnant student so the student may complete their undergraduate or graduate courses of study and research. Reasonable accommodations shall be based on the individual students needs. In determining the accommodations to provide a student, the postsecondary educational institutions Title IX coordinator shall consult with the student.
(B) Reasonable accommodation accommodations shall include excusing absences that are medically necessary, as required under Title IX. Reasonable accommodations may include, but are not limited to, all of the following:
(i) Breaks during class to express breast milk, breast feed, or attend to health needs associated with pregnancy or pregnancy-related conditions, including eating, drinking, or using the restroom.
(ii) Intermittent absences to attend medical appointments.
(iii) Access to online or homebound education.
(iv) Changes in schedule or course sequence.
(v) Time extensions for coursework and rescheduling of tests and examinations.
(vi) Being allowed to sit or stand, or carry or keep water nearby.
(vii) Counseling.
(viii) Changes in physical space or supplies.
(ix) Elevator access.
(x) Other accommodations for the pregnant students health or safety.
(xi) Allowing the student to take a leave of absence. absence that is not medically necessary.
(xii) Other changes to the postsecondary educational institutions policies, practices, or procedures.
(C) An accommodation that a postsecondary educational institution can demonstrate would fundamentally alter the nature of its education program or activity is not a reasonable accommodation.
(D) A student may voluntarily accept or reject any reasonable accommodation offered pursuant to this section. If a student accepts a reasonable accommodation offered pursuant to this section, the institution shall immediately implement it.
(4)A graduate student who chooses to take a leave of absence because the graduate student is pregnant or has recently given birth shall be allowed a period consistent with the time deemed medically necessary by the students licensed healthcare provider, or a period of 12 months, whichever period is longer, to prepare for and take preliminary and qualifying examinations and an extension of at least 12 months toward normative time to degree while in candidacy for a graduate degree, unless a longer extension is medically necessary. Upon the students return to the graduate program, the student shall be reinstated to the academic status and, as practicable, to the extracurricular status the student held before their voluntary leave of absence began.
(5)An undergraduate student who chooses to take a leave of absence because the undergraduate student is pregnant or has recently given birth shall be allowed a period consistent with the time deemed medically necessary by the students licensed healthcare provider, or a period of 12 months, whichever period is longer. The postsecondary educational institution shall not reduce the students institution-based financial aid upon the students return from the voluntary leave of absence. This prohibition does not require the postsecondary educational institution to provide institution-based financial aid during the students leave of absence. However, it shall ensure that a leave of absence does not disrupt the continuation of institution-based financial aid upon the students return to the undergraduate program. Upon the students return, the student shall be reinstated to the academic status and, as practicable, to the extracurricular status the student held before their voluntary leave of absence began.
(6)A graduate student who is not the birth parent and who chooses to take a leave of absence because of the birth of the students child shall be allowed a period consistent with the policies of the postsecondary educational institution, or a period of one month, whichever period is longer, to prepare for and take preliminary and qualifying examinations, and an extension of at least one month toward normative time to degree while in candidacy for a graduate degree, unless a longer period or extension is medically necessary to care for the students partner or their child. Upon the students return to the graduate program, the student shall be reinstated to the academic status and, as practicable, to the extracurricular status the student held before the voluntary leave of absence began.
(7)A undergraduate student who is not the birth parent and who chooses to take a leave of absence because of the birth of the students child shall be allowed a period consistent with the policies of the postsecondary educational institution, or a period of one month, whichever period is longer, to prepare for and take preliminary and qualifying examinations. The postsecondary educational institution shall not reduce the students institution-based financial aid upon the students return from the leave of absence. This prohibition does not require the postsecondary educational intuition to provide institution-based financial aid during the students leave of absence. However, it shall ensure that a leave of absence does not disrupt the continuation of institution-based financial aid upon the students return to the undergraduate program. Upon the students return, the student shall be reinstated to the academic status and, as practicable, to the extracurricular status the student held before the voluntary leave of absence began.
(8)
(4) A postsecondary educational institution shall offer to an undergraduate or graduate pregnant student or an undergraduate or graduate student who has recently given birth a leave of absence pursuant to this paragraph. An undergraduate or graduate student who chooses to take a leave of absence because the student is pregnant or has recently given birth shall be allowed a period consistent with the policies of the postsecondary educational institution, or a period of 12 months, whichever period is longer, to prepare for and take preliminary and qualifying examinations, and an extension of at least 12 months toward normative time to degree while in candidacy for an undergraduate or graduate degree, unless a longer extension is medically necessary. The postsecondary educational institution shall not reduce the students institution-based financial aid upon the students return from the voluntary leave of absence. This prohibition does not require the postsecondary educational institution to provide institution-based financial aid during the students voluntary leave of absence. However, it shall ensure that the students voluntary leave of absence does not disrupt the continuation of institution-based financial aid upon the students return to the undergraduate or graduate program. Upon the students return to the undergraduate or graduate program, the student shall be reinstated to the academic status and, as practicable, to the extracurricular and employment status the student held before their voluntary leave of absence began.
(5) A postsecondary educational institution shall offer to an undergraduate or graduate student who is not the birth parent a leave of absence pursuant to this paragraph because of the birth, adoption, or placement of the students child. An undergraduate or graduate student who is not the birth parent and who chooses to take a leave of absence because of the birth, adoption, or placement of the students child shall be allowed a period consistent with the policies of the postsecondary educational institution, or a period of one month, whichever period is longer, to prepare for and take preliminary and qualifying examinations, and an extension of at least one month toward normative time to degree while in candidacy for an undergraduate or graduate degree, unless a longer period or extension is medically necessary to care for the students partner or their child. The postsecondary educational institution shall not reduce the students institution-based financial aid upon the students return from the voluntary leave of absence. This prohibition does not require the postsecondary educational institution to provide institution-based financial aid during the students voluntary leave of absence. However, it shall ensure that a students voluntary leave of absence does not disrupt the continuation of institution-based financial aid upon the students return to the undergraduate or graduate program. Upon the students return to the undergraduate or graduate program, the student shall be reinstated to the academic status and, as practicable, to the extracurricular and employment status the student held before their voluntary leave of absence began.
(6) An enrolled undergraduate or graduate student in good academic standing who chooses to take a leave of absence because the student is pregnant, or has recently given birth, shall return to the their undergraduate or graduate program in good academic standing following a leave period consistent with the policies of the postsecondary educational institution, or of up to one academic year, whichever period is longer, subject to the reasonable administrative requirements of the institution, unless there is a medical reason for a longer absence, in which case the students standing in the undergraduate or graduate program shall be maintained during that period of absence. Upon the students return to the undergraduate or graduate program, the student shall be reinstated, as practicable, to the extracurricular and employment status with the postsecondary educational institution the student held before their voluntary leave of absence began.
(7) An enrolled undergraduate or graduate student in good academic standing who is not the birth parent and who chooses to take a leave of absence because of the birth, adoption, or placement of the students child shall return to their undergraduate or graduate program in good academic standing following a leave period consistent with the policies of the postsecondary educational institution or of up to one month, whichever period is longer, subject to the reasonable administrative requirements of the postsecondary educational institution. Upon the students return to the undergraduate or graduate program, the student shall be reinstated, as practicable, to the extracurricular and employment status with the postsecondary educational institution the student held before their voluntary leave of absence began.
(8) (A) A postsecondary educational institution shall provide a pregnant or recently pregnant student access to a private and secure room for lactation.
(B) The lactation room accommodation described in subparagraph (A) shall be consistent with Section 66271.9.
(9) A postsecondary education educational institution shall not require a student to provide supporting documentation before the postsecondary educational institution provides reasonable accommodations pursuant to paragraph (3), unless documentation is necessary and reasonable for the postsecondary educational institution to determine whether the reasonable accommodation is necessary to provide the student with equal access to education.
(d)Each postsecondary educational institution shall have a written policy for students on pregnancy discrimination, procedures for addressing pregnancy discrimination complaints under Title IX, and procedures for accessing reasonable accommodations under Title IX pursuant to this section. A
(d) (1) Each postsecondary educational institution shall adopt a written policy for students on pregnancy discrimination. The policy shall include procedures for accessing reasonable accommodations under this section and for addressing pregnancy discrimination complaints for alleged noncompliance with this section. The procedures for addressing pregnancy discrimination complaints shall be consistent with the postsecondary educational institutions procedures for addressing other forms of discrimination.
(2) A copy of the policy shall be emailed to students, faculty, staff, and employees at the beginning of each academic year, and shall be made available to faculty, staff, and employees in their required training. The policy shall be made available to all students attending orientation sessions at a postsecondary educational institution.
(e) Each postsecondary educational institution shall notify pregnant and parenting students of the protections provided by Title IX and the postsecondary educational institutions policies established pursuant to this section by prominently posting a notice of the Title IX protections and the policies established pursuant to this section on the postsecondary educational institutions internet website.
(f) Each postsecondary educational institution with an on-campus medical center shall provide notice of the protections provided by Title IX and the postsecondary educational institutions policies established pursuant to this section through the medical center to a student who requests information regarding policies or protections for students with children or pregnant students and when otherwise appropriate.
(g) For purposes of this section, postsecondary the following definitions apply:
(1) Coordinator means the same employee designated by the postsecondary educational institution pursuant to paragraph (2) of subdivision (b) of Section 66281.8.
(2) Postsecondary educational institution means a campus of the University of California, the California State University, or the California Community Colleges, or a private postsecondary educational institution or independent institution of higher education that receives state financial assistance, as defined in Section 213, or state student financial aid, as defined in Section 214.
(h) Notwithstanding Section 67400, this section shall apply to the University of California.
SEC. 2. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
SEC. 2. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
SEC. 2. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
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