CAPPS - Avocacy and Communication Professional Development

California Association of Private Postsecondary Schools

CALIFORNIA A.B. 2350 - Governance & State Oversight

08/21/2014

Summary: Current version (8/18/2014): Provides that the Donahoe Higher Education Act, known as the Equity in Higher Education Act, declares that it is the policy of the State of California that all persons, regardless of their sex, should enjoy freedom from discrimination of any kind in the postsecondary educational institutions of the state. Adds to the Equity in Higher Education Act, a provision specifying that this policy of freedom from discrimination includes, but is not limited to, freedom from pregnancy discrimination as described in a specified federal statute.

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, withdraw from the graduate program or limit his or her graduate studies solely due to pregnancy or pregnancy-related issues. Requires postsecondary educational institutions, including the faculty, staff or other employees of these institutions, to reasonably accommodate pregnant graduate students so that they may complete their graduate courses of study and research. Requires the maintenance of the student status and status in the graduate program of graduate students who choose to take leaves of absence because they are pregnant or have recently given birth, unless there is a medical reason for a longer absence. Requires postsecondary educational institutions to allow graduate students who choose to take leaves of absence because they are pregnant or have recently given birth up to twelve additional months to prepare for and take preliminary and qualifying examinations and an extension of up to twelve months toward normative time to degree while they are in candidacy for a graduate degree.

Allows a graduate student who chooses to take a leave of absence because she is pregnant or has recently given birth a period consistent with the policies of the postsecondary educational institution, or a period of 12 additional 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 they are in candidacy for a graduate degree, unless a longer extension is medically necessary. Allows a graduate student who is not the birth parent and who chooses to take a leave of absence because of the birth of his or her child 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 he or she is in candidacy for a graduate degree, unless a longer period or extension is medically necessary to care for his or her partner or their child.

Provides that an enrolled graduate student in good academic standing who chooses to take a leave of absence because she is pregnant or has recently given birth would return to her 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, subject to the reasonable administrative requirements of the institution, unless there is a medical reason for a longer absence, in which case her standing in the graduate program would be maintained during that period of absence.

Requires each postsecondary educational institution to have a written policy for graduate students on pregnancy discrimination and procedures for addressing pregnancy discrimination complaints under Title IX or this bill. Requires a copy of this policy to be made available to faculty, staff, and employees in their required training, and made available to all graduate students attending orientation sessions at a postsecondary educational institution.

Provides that 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 his or her child would return to his or her 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.

Current version (8/18/2014):  http://www.leginfo.ca.gov/pub/13-14/bill/asm/ab_2301-2350/ab_2350_bill_20140818_amended_sen_v93.html

Amendment #5 (6/18/2014):  http://www.leginfo.ca.gov/pub/13-14/bill/asm/ab_2301-2350/ab_2350_bill_20140618_amended_sen_v94.pdf

Amendment #4 (5/8/2014): http://www.leginfo.ca.gov/pub/13-14/bill/asm/ab_2301-2350/ab_2350_bill_20140508_amended_asm_v95.pdf

Amendment #3 (4/24/2014): http://www.leginfo.ca.gov/pub/13-14/bill/asm/ab_2301-2350/ab_2350_bill_20140424_amended_asm_v96.pdf

Amendment #2 (4/7/2014): http://www.leginfo.ca.gov/pub/13-14/bill/asm/ab_2301-2350/ab_2350_bill_20140407_amended_asm_v97.pdf

Amendment #1 (3/19/2014): http://www.leginfo.ca.gov/pub/13-14/bill/asm/ab_2301-2350/ab_2350_bill_20140319_amended_asm_v98.pdf

Introduced version: http://www.leginfo.ca.gov/pub/13-14/bill/asm/ab_2301-2350/ab_2350_bill_20140221_introduced.pdf

Status: Introduced 2/24/2014. Referred to Assembly Committee on Higher Education 3/10/2014. Amended, re-referred to the Committee on Higher Education 3/19/2014. Amended, re-referred to the Committee on Higher Education 4/7/2014. Hearing held, reported 4/22/2014. Amended; re-referred to Assembly Committee on Appropriations 4/24/2014. Hearing postponed 5/7/2014. Amended 5/8/2014. Hearing held, reported 5/14/2014. Passed Assembly, received in Senate 5/23/2014. Referred to Senate Committee on Education 6/5/2014. Amended 6/18/2014. Hearing held, reported; re-referred to Committee on Appropriations 6/25/2014. Hearing held 8/4/2014. Hearing held, reported 8/14/2014. Amended 8/18/2014. Passed Senate, returned to Assembly 8/19/2014. Passed Assembly, sent to Governor Jerry Brown (D) 8/20/2014.

Outlook: The Assembly concurred with the Senate changes by a 77-0 vote. The measure will soon officially be enrolled and sent to Governor Jerry Brown (D) for signature or veto. Upon receipt, the Governor has 12 days to sign, approve without signing, or veto a bill. If the bill is signed or approved without a signature, it goes to the Secretary of State to be chaptered. If the Governor vetoes the bill, a two-thirds vote in each house is needed to override the veto.

The Senate adopted this measure by a 34-0 vote.

The Assembly adopted this measure by a 73-0 vote.

The sponsor is a member of the majority party. The Democratic Party controls both legislative chambers as well as the Office of Governor.

Effective Date: Upon approval by the Governor. 

*Information provided by www.stateside.com