Bill Text: CA AB2785 | 2017-2018 | Regular Session | Introduced

California Assembly Bill 2785 (Prior Session Legislation)

NOTE: There are more recent revisions of this legislation. Read Latest Draft

Bill Title: Student services: lactation accommodations.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Passed) 2018-09-30 - Chaptered by Secretary of State - Chapter 947, Statutes of 2018. [AB2785 Detail]

Download: California-2017-AB2785-Introduced.html

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill

No. 2785

Introduced by Assembly Member Rubio

February 16, 2018

An act to add Section 66271.9 to the Education Code, relating to public postsecondary education.

LEGISLATIVE COUNSEL'S DIGEST

AB 2785, as introduced, Rubio. Student services: lactation accommodations.

Existing law establishes the California Community Colleges, under the administration of the Board of Governors of the California Community Colleges, and the California State University, under the administration of the Trustees of the California State University, as 2 of the segments of public postsecondary education in this state.

Existing federal law requires an educational institution to treat pregnancy, childbirth, recovery from childbirth, and other specified conditions in the same manner and under the same policies as any other temporary disability. Existing law also prohibits discrimination on the basis of disability, gender, or other specified characteristics in any program or activity conducted by any postsecondary educational institution that receives, or benefits from, state financial assistance or enrolls students who receive state financial aid. Existing law requires a school operated by a school district or a county office of education, the California School for the Deaf, the California School for the Blind, and a charter school to provide, only if there is at least one lactating pupil on the school campus, reasonable accommodations to a lactating pupil on a school campus to express breast milk, breast-feed an infant child, or address other needs related to breast-feeding, as prescribed.

This bill would require the California Community Colleges and the California State University to provide reasonable accommodations to a lactating student on its respective campuses to express breast milk, breast-feed an infant child, or address other needs related to breast-feeding. The bill would require that these reasonable accommodations include, but are not limited to, access to a private and secure room, other than a restroom, to express breast milk or breast-feed an infant child, permission to bring onto a school campus any equipment used to express breast milk, and access to a power source for that equipment. The bill would also require that a lactating student on a college or university campus be given a reasonable amount of time to accommodate the need to express breast milk or breast-feed an infant child. The bill would prohibit a student from incurring an academic penalty as a result of her use of these reasonable accommodations. The bill would authorize a complaint of noncompliance with the requirements of the bill to be filed with the Office of the Chancellor of the California Community Colleges and the California State University, as applicable, in accordance with specified procedures. By imposing additional duties on community college districts, this 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.

Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES

The people of the State of California do enact as follows:

SECTION 1.

The Legislature finds and declares all of the following:

(a) Title IX of the Education Amendments of 1972 (20 U.S.C. Sec. 1681 et seq.) prohibits sex discrimination in educational institutions, which includes discrimination against pregnant and parenting students.

(b) The federal regulations implementing Title IX of the Education Amendments of 1972 specify that sex discrimination includes discrimination against a student based on pregnancy, childbirth, false pregnancy, termination of pregnancy, or recovery from childbirth-related conditions.

(c) The federal regulations implementing Title IX of the Education Amendments of 1972 require a student with temporary medical conditions occasioned by pregnancy or related to recovery from childbirth to be treated the same as any other student with a temporary disability.

(d) The Equity in Higher Education Act (Chapter 4.5 (commencing with Section 66250) of Part 40 of Division 5 of Title 3 of the Education Code) prohibits sex discrimination in postsecondary educational institutions, which includes discrimination against pregnant and parenting students.

(e) The Unruh Civil Rights Act (Section 51 of the Civil Code) prohibits businesses, including public schools, from discriminating based on sex, which includes discrimination on the basis of pregnancy, childbirth, or medical conditions related to pregnancy or childbirth.

(f) Despite these laws, California postsecondary educational institutions are failing to accommodate the needs of lactating student parents on their campuses by not providing them with reasonable time and private space to express breast milk, breast-feed infant children, or not addressing other needs related to breast-feeding.

SEC. 2.

Section 66271.9 is added to the Education Code, to read:

66271.9.

(a) The California Community Colleges and the California State University shall provide reasonable accommodations on its respective campuses for a lactating student to express breast milk, breast-feed an infant child, or address other needs related to breast-feeding. Reasonable accommodations under this section include, but are not limited to, all of the following:

(1) Access to a private and secure room, other than a restroom, to express breast milk or breast-feed an infant child.

(2) Permission to bring onto a college or university campus a breast pump and any other equipment used to express breast milk.

(3) Access to a power source for a breast pump or any other equipment used to express breast milk.

(b) A lactating student on a college or university campus shall be provided a reasonable amount of time to accommodate her need to express breast milk or breast-feed an infant child.

(c) A campus of the California Community Colleges or the California State University may use an existing facility to meet the requirements specified in subdivision (a).

(d) A student shall not incur an academic penalty as a result of her use of the reasonable accommodations specified in this section, and shall be provided the opportunity to make up any work missed due to such use.

(e) (1) A complaint of noncompliance with the requirements of this section may be filed with the Office of the Chancellor of the California Community Colleges consistent with Subchapter 5 (commencing with Section 59300) of Chapter 10 of Division 6 of Title 5 of the California Code of Regulations.

(2) A complaint of noncompliance with the requirements of this section may be filed with the Office of the Chancellor of the California State University consistent with the procedures established pursuant to Executive Order No. 1097 issued by the Office of the Chancellor of the California State University.

SEC. 3.

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.