SB 1014: Pupil rights: pregnant and parenting pupils.
- Session Year: 2015-2016
- House: Senate
- Latest Version Date: 2016-08-01
(1)Existing law requires a pupil to be excused from school for specified types of absences and prohibits those excused absences from generating state apportionment payments by deeming them as absences in computing average daily attendance.
This bill would include as another type of excused absence, 4 absences per school year to care for a sick child, for which the school is prohibited from requiring a note from a doctor. The bill would authorize the governing board of a school district to allow adopt a policy that allows a parenting pupil who gives or expects to give birth up to 6 weeks of parental leave and to allow a parenting pupil not giving birth up to 3 weeks of parental leave. The bill would specify that parental leave absences shall not be deemed absences in computing average daily attendance if the governing board of the school district of attendance files with the State Department of Education an expectant and parenting pupil policy that includes procedures for ensuring pupils are provided with schoolwork while on parental leave, and would specify the method for crediting average daily attendance for these pupils.
(2)Existing state regulations require an educational institution to treat pregnancy, childbirth, false pregnancy, termination of pregnancy, and recovery from those conditions in the same manner and under the same policies as any other temporary disability. Existing law requires a school district that receives notification of a pupils temporary disability to determine whether the pupil will be able to receive individualized instruction, and, if the determination is positive, to provide the individualized instruction, as specified.
This bill would require a school district to provide a pupil with a temporary disability as a result of pregnancy with guidelines for makeup work plan development if the option for individualized instruction is not available at the pupils school or school district.
(3)Existing law prohibits discrimination on the basis of disability, gender, or other specified characteristics in any program or activity conducted by an educational institution that receives, or benefits from, state financial assistance or enrolls pupils who receive state financial aid.
This bill would require a school district to notify pregnant and parenting pupils of specified rights and options available to those pupils, as specified.
(4)To the extent that this bill would impose additional duties on school districts, the bill would impose a state-mandated local program.
(5)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 these statutory provisions.
(1)Existing law requires a pupil to be excused from school for specified types of absences and prohibits those excused absences from generating state apportionment payments by deeming them as absences in computing average daily attendance.
This bill would include as another type of excused absence absence, 4 absences per school year to care for a sick child, for which the school is prohibited from requiring a note from a doctor. The bill would authorize the governing board of a school district to allow a parenting pupil who gives or expects to give birth up to 6 weeks of parental leave and to allow a parenting pupil not giving birth up to 3 weeks of parental leave. The bill would specify that parental leave absences shall not be deemed absences in computing average daily attendance if the governing board of the school district of attendance files with the State Department of Education an expectant and parenting pupil policy that includes procedures for ensuring pupils are provided with schoolwork while on parental leave. leave, and would specify the method for crediting average daily attendance for these pupils.
(2)Existing state regulations require an educational institution to treat pregnancy, childbirth, false pregnancy, termination of pregnancy, and recovery from those conditions in the same manner and under the same policies as any other temporary disability. Existing law requires a school district that receives notification of a pupils temporary disability to determine whether the pupil will be able to receive individualized instruction, and, if the determination is positive, to provide the individualized instruction, as specified.
This bill would require a school district to provide a pupil with a temporary disability as a result of pregnancy with guidelines for makeup work plan development if the option for individualized instruction is not available at the pupils school or school district.
(3)Existing law prohibits discrimination on the basis of disability, gender, or other specified characteristics in any program or activity conducted by an educational institution that receives, or benefits from, state financial assistance or enrolls pupils who receive state financial aid.
This bill would require a school district to notify pregnant and parenting pupils of specified rights and options available to those pupils, as specified.
(4)To the extent that this bill would impose additional duties on school districts, the bill would impose a state-mandated local program.
(5)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 these statutory provisions.
(1)Existing law requires a pupil to be excused from school for specified types of absences and prohibits those excused absences from generating state apportionment payments by deeming them as absences in computing average daily attendance.
This bill would include as another type of excused absence 4 absences per school year to care for a sick child, for which the school is prohibited from requiring a note from a doctor. The bill would authorize the governing board of a school district to allow a parenting pupil who gives or expects to give birth up to 6 weeks of parental leave for births without complications or 8 weeks of parental leave for Caesarian section births and to allow a parenting pupil not giving birth up to 4 3 weeks of parental leave. The bill would specify that parental leave absences shall not be deemed absences in computing average daily attendance if the governing board of the school district of attendance files with the State Department of Education an expectant and parenting pupil policy that includes procedures for ensuring pupils are provided with schoolwork while on parental leave.
(2)Existing state regulations require an educational institution to treat pregnancy, childbirth, false pregnancy, termination of pregnancy, and recovery from those conditions in the same manner and under the same policies as any other temporary disability. Existing law requires a school district that receives notification of a pupils temporary disability to determine whether the pupil will be able to receive individualized instruction, and, if the determination is positive, to provide the individualized instruction, as specified.
This bill would require a school district to provide a pupil with a temporary disability as a result of pregnancy with guidelines for makeup work plan development if the option for individualized instruction is not available at the pupils school or school district.
(3)Existing law prohibits discrimination on the basis of disability, gender, or other specified characteristics in any program or activity conducted by an educational institution that receives, or benefits from, state financial assistance or enrolls pupils who receive state financial aid.
This bill would require a school district to notify pregnant and parenting pupils of specified rights and options available to those pupils, as specified.
(4)To the extent that this bill would impose additional duties on school districts, the bill would impose a state-mandated local program.
(5)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 these statutory provisions.
(1)Existing law requires a pupil to be excused from school for specified types of absences and prohibits those excused absences from generating state apportionment payments by deeming them as absences in computing average daily attendance.
This bill would include as another type of excused absence 4 absences per school year to care for a sick child, for which the school is prohibited from requiring a note from a doctor. The bill would authorize the governing board of a school district to allow a parenting pupil who gives or expects to give birth up to 6 weeks of parental leave for births without complications or 8 weeks of parental leave for Caesarian section births and to allow a parenting pupil not giving birth up to 4 weeks of parental leave. The bill would specify that parental leave absences shall not be deemed absences in computing average daily attendance if the governing board of the school district of attendance files with the State Department of Education an expectant and parenting pupil policy that includes procedures for ensuring pupils are provided with schoolwork while on parental leave.
(2)Existing state regulations require an educational institution to treat pregnancy, childbirth, false pregnancy, termination of pregnancy pregnancy, and recovery from those conditions in the same manner and under the same policies as any other temporary disability. Existing law requires a school district that receives notification of a pupils temporary disability to determine whether the pupil will be able to receive individualized instruction, and, if the determination is positive, to provide the individualized instruction, as specified.
This bill would require a school district to provide a pupil with a temporary disability as a result of pregnancy with guidelines for makeup work plan development if the option for individualized instruction is not available at the pupils school or school district.
(3)Existing law prohibits discrimination on the basis of disability, gender, or other specified characteristics in any program or activity conducted by an educational institution that receives, or benefits from, state financial assistance or enrolls pupils who receive state financial aid.
This bill would require a school district to notify pregnant and parenting pupils of their specified rights and options, options available to those pupils, as specified.
(4)To the extent that this bill would impose additional duties on school districts, the bill would impose a state-mandated local program.
(5)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 these statutory provisions.
(1)Existing law requires a pupil to be excused from school for specified types of absences and prohibits those excused absences from generating state apportionment payments by deeming them as absences in computing average daily attendance.
This bill would include as another type of excused absence 4 absences per school year to care for a sick child, for which the school is prohibited from requiring a note from a doctor. The bill would authorize a school to allow a parenting pupil who gives birth up to 6 weeks of parental leave for births without complications or 8 weeks of parental leave for Caesarian section births and to allow a parenting pupil not giving birth up to 4 weeks of parental leave. The bill would specify that parental leave absences shall not be deemed absences in computing average daily attendance if the governing board of the school district of attendance files with the State Department of Education an expectant and parenting pupil policy that includes procedures for ensuring pupils are provided with schoolwork while on parental leave.
(2)Existing state regulations require an educational institution to treat pregnancy, childbirth, false pregnancy, termination of pregnancy and recovery from those conditions in the same manner and under the same policies as any other temporary disability. Existing law requires a school district that receives notification of a pupils temporary disability to determine whether the pupil will be able to receive individualized instruction, and, if the determination is positive, to provide the individualized instruction, as specified.
This bill would require a school district to provide a pupil with a temporary disability as a result of pregnancy with guidelines for makeup work plan development if the option for individualized instruction is not available at the pupils school or school district.
(3)Existing law prohibits discrimination on the basis of disability, gender, or other specified characteristics in any program or activity conducted by an educational institution that receives, or benefits from, state financial assistance or enrolls pupils who receive state financial aid.
This bill would require a school district to notify pregnant and parenting pupils of their rights and options, as specified.
(4)To the extent that this bill would impose additional duties on school districts, the bill would impose a state-mandated local program.
(5)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 these statutory provisions.
The Legislature finds and declares all of the following:
(a)In 2012, about 35,000 children were born to 15- to 19-year-olds in California. Nationwide, 70 percent of young parents are pushed out of school, and fewer than 4 in 10 young mothers graduate from high school by 18 years of age.
(b)Title IX of the federal Education Amendments of 1972 (20 U.S.C. Sec. 1681 et seq.) and California law protect all pupils rights to equal educational opportunities regardless of sex. Yet, only some of Californias school districts provide pregnant and parenting pupil programs.
(c)Pregnant and parenting pupils face overwhelming, system-enforced obstacles to graduating and receiving an education of equal quality to that of their peers that vary across school districts and include all of the following:
(1)Inconsistent access to excused family leave absences to care for new infants during the critical period of early child development, with male parents often having no access.
(2)Involuntary pushout due to high absence rates related to pregnancy and parenting responsibilities.
(3)Rigid requirements to verify excused absences to care for a sick child.
(4)Allowed reasonable amount of time to make up work is defined by the school districts and not to the individual circumstances or to support a pupils goal to graduate.
(5)Varying levels of support and engagement from schools while pupils are absent.
(6)Encouragement to pursue independent study that may not fulfill the A-G admission requirements for the California State University and the University of California or have inconsistent and rigorous attendance policies.
(7)Parenting pupils lack of awareness of their rights under Title IX of the federal Education Amendments of 1972 (20 U.S.C. Sec. 1681 et seq.) and California law, as well as pupils different educational options during pregnancy, postpartum, and as a parent.
(d)While California has an 80 percent high school graduation rate, only 38 percent of young moms who have a child before they are 18 years of age graduate from high school, 19 percent get a General Education Development (GED) credential, and only 2 percent go to college before 30 years of age.
(e)Educational challenges set the stage for economic hardship: The median income for women over 25 years of age without a high school degree is $15,021, less than 53 percent of that of their peers median income of $31,904.
(f)Nearly 60 percent of mothers under 19 years of age live in poverty.
(g)Children of teen mothers tend to struggle more in school, are less likely to complete high school, have lower performance on standardized tests, and are more likely to enter the foster care system and become teen parents themselves.
(h)Studies show that pregnancy can motivate pupils to complete school and pursue postsecondary education.
(i)Further, bonding time is critical for an infants long-term development and the well-being of parents. California has acknowledged the importance of bonding time and paved the way in supporting bonding within working families.
(j)Since 2004, workers have been entitled to up to six weeks of family leave to bond with their children. Working families benefit significantly from bonding time. Parenting pupils and their infants, some of our most vulnerable citizens, should not have to choose between their family and education.
SEC. 2.Section 222.5 is added to the Education Code, to read:222.5.A school district shall notify pregnant and parenting pupils of their rights and options available pursuant to Title IX of the federal Education Amendments of 1972 (20 U.S.C. Sec. 1681 et seq.) and Sections 222, 46015, and 48206.3 through annual school year welcome packets pursuant to Section 48980, through independent study packets, on the school districts Internet Web site, in lactation rooms, and in locker rooms.
SEC. 3.Section 46015 is added to the Education Code, to read:46015.(a)The governing board of a school district may allow adopt a policy that allows a parenting pupil who gives or expects to give birth up to six weeks of parental leave and may allow a parenting pupil not giving birth up to three weeks of parental leave after the birth. The length of leave shall be determined by the pupil and shall not exceed the length of time allowed by this subdivision.
(b)(1)Absences allowed pursuant to this section shall not be deemed absences in computing average daily attendance pursuant to Section 42238.5 if the governing board of the school district of attendance files an expectant and parenting pupil policy, including procedures for ensuring pupils are provided with schoolwork while on parental leave, with the department.
(2)For purposes of calculating average daily attendance for a pupil on parental leave, one day of attendance shall be credited for each hour spent on activities related to the instruction of that pupil, with a maximum equivalent of the limits specified in subdivision (a). For purposes of this paragraph, activities related to the instruction of that pupil means activities that require contact with the pupil.
(3)An expectant and parenting pupil policy shall require a pupil to submit a parental leave request form, similar or the same as request forms used to request temporary disability time off, to the pupils school before the end of the pregnant pupils second trimester. A school shall process a request within five business days and provide makeup work plan development process guidelines to a pupil in conjunction with the positive determination of parental leave.
SEC. 4.Section 48205 of the Education Code is amended to read:48205.(a)Notwithstanding Section 48200, a pupil shall be excused from school when the absence is:
(1)Due to his or her illness.
(2)Due to quarantine under the direction of a county or city health officer.
(3)For the purpose of having medical, dental, optometrical, or chiropractic services rendered.
(4)For the purpose of attending the funeral services of a member of his or her immediate family, so long as the absence is not more than one day if the service is conducted in California and not more than three days if the service is conducted outside California.
(5)For the purpose of jury duty in the manner provided for by law.
(6)Due to the illness or medical appointment during school hours of a child of whom the pupil is the custodial parent, including up to four absences per school year to care for a sick child, for which the school shall not require a note from a doctor.
(7)For justifiable personal reasons, including, but not limited to, an appearance in court, attendance at a funeral service, observance of a holiday or ceremony of his or her religion, attendance at religious retreats, attendance at an employment conference, or attendance at an educational conference on the legislative or judicial process offered by a nonprofit organization when the pupils absence is requested in writing by the parent or guardian and approved by the principal or a designated representative pursuant to uniform standards established by the governing board.
(8)For the purpose of serving as a member of a precinct board for an election pursuant to Section 12302 of the Elections Code.
(9)For the purpose of spending time with a member of the pupils immediate family, who is an active duty member of the uniformed services, as defined in Section 49701, and has been called to duty for, is on leave from, or has immediately returned from, deployment to a combat zone or combat support position. Absences granted pursuant to this paragraph shall be granted for a period of time to be determined at the discretion of the superintendent of the school district.
(b)A pupil absent from school under this section shall be allowed to complete all assignments and tests missed during the absence that can be reasonably provided and, upon satisfactory completion within a reasonable period of time, shall be given full credit therefor. The teacher of the class from which a pupil is absent shall determine which tests and assignments shall be reasonably equivalent to, but not necessarily identical to, the tests and assignments that the pupil missed during the absence.
(c)For purposes of this section, attendance at religious retreats shall not exceed four hours per semester.
(d)Absences pursuant to this section are deemed to be absences in computing average daily attendance and shall not generate state apportionment payments.
(e)Immediate family, as used in this section, has the same meaning as set forth in Section 45194, except that references therein to employee shall be deemed to be references to pupil.
SEC. 5.Section 48206.3 of the Education Code is amended to read:48206.3.(a)Except for those pupils receiving individual instruction provided pursuant to Section 48206.5, a pupil with a temporary disability that makes attendance in the regular day classes or alternative education program in which the pupil is enrolled impossible or inadvisable shall receive individual instruction provided by the district in which the pupil is deemed to reside.
(b)For purposes of this section and Sections 48206.5, 48207, and 48208, the following terms have the following meanings:
(1)Individual instruction means instruction provided to an individual pupil in the pupils home, in a hospital or other residential health facility, excluding state hospitals, or under other circumstances prescribed by regulations adopted for that purpose by the state board.
(2)Temporary disability means a physical, mental, or emotional disability incurred while a pupil is enrolled in regular day classes or an alternative education program, and after which the pupil can reasonably be expected to return to regular day classes or the alternative education program without special intervention. Temporary disability also includes pregnancy, childbirth, false pregnancy, termination of pregnancy, and recovery therefrom. A temporary disability shall not include a disability for which a pupil is identified as an individual with exceptional needs pursuant to Section 56026.
(c)(1)For purposes of computing average daily attendance pursuant to Section 42238.5, each clock hour of teaching time devoted to individual instruction shall count as one day of attendance.
(2)A pupil shall not be credited with more than five days of attendance per calendar week, or more than the total number of calendar days that regular classes are maintained by the district in any fiscal year.
(d)Notice of the availability of individualized instruction shall be given pursuant to Section 48980.
SEC. 6.Section 48208 of the Education Code is amended to read:48208.(a)It shall be the primary responsibility of the parent or guardian of a pupil with a temporary disability to notify the school district in which the pupil is deemed to reside pursuant to Section 48207 of the pupils presence in a qualifying hospital.
(b)Upon receipt of notification pursuant to subdivision (a), a school district shall do all of the following:
(1)(A)Within five working days of receipt of the notification, determine whether the pupil will be able to receive individualized instruction, and, if the determination is positive, when the individualized instruction may commence. Individualized instruction shall commence no later than five working days after the positive determination has been rendered.
(B)A school district shall provide a pupil with a temporary disability as a result of pregnancy with guidelines for makeup work plan development if the option for individualized instruction is not available at the pupils school or school district.
(2)Provide the pupil with individualized instruction pursuant to Section 48206.3. The school district may enter into an agreement with the school district in which the pupil previously attended regular day classes or an alternative education program, to have the school district the pupil previously attended provide the pupil with individualized instruction pursuant to Section 48206.3.
(3)Within five working days of the commencement of individualized instruction, provide the school district in which the pupil previously attended regular day classes or an alternative education program with written notice that the pupil shall not be counted by that school district for purposes of computing average daily attendance pursuant to Section 42238.5, effective the date on which individualized instruction commenced.
SEC. 7.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 Legislature finds and declares all of the following:
(a)In 2012, about 35,000 children were born to 15- to 19-year-olds in California. Nationwide, 70 percent of young parents are pushed out of school, and fewer than 4 in 10 young mothers graduate from high school by 18 years of age.
(b)Title IX of the federal Education Amendments of 1972 (20 U.S.C. Sec. 1681 et seq.) and California law protect all pupils rights to equal educational opportunities regardless of sex. Yet, only some of Californias school districts provide pregnant and parenting pupil programs.
(c)Pregnant and parenting pupils face overwhelming, system-enforced obstacles to graduating and receiving an education of equal quality to that of their peers that vary across school districts and include all of the following:
(1)Inconsistent access to excused family leave absences to care for new infants during the critical period of early child development, with male parents often having no access.
(2)Involuntary pushout due to high absence rates related to pregnancy and parenting responsibilities.
(3)Rigid requirements to verify excused absences to care for a sick child.
(4)Allowed reasonable amount of time to make up work is defined by the school districts and not to the individual circumstances or to support a pupils goal to graduate.
(5)Varying levels of support and engagement from schools while pupils are absent.
(6)Encouragement to pursue independent study that may not fulfill the A-G admission requirements for the California State University and the University of California or have inconsistent and rigorous attendance policies.
(7)Parenting pupils lack of awareness of their rights under Title IX of the federal Education Amendments of 1972 (20 U.S.C. Sec. 1681 et seq.) and California law, as well as pupils different educational options during pregnancy, postpartum, and as a parent.
(d)While California has an 80 percent high school graduation rate, only 38 percent of young moms who have a child before they are 18 years of age graduate from high school, 19 percent get a General Education Development (GED) credential, and only 2 percent go to college before 30 years of age.
(e)Educational challenges set the stage for economic hardship: The median income for women over 25 years of age without a high school degree is $15,021, less than 53 percent of that of their peers median income of $31,904.
(f)Nearly 60 percent of mothers under 19 years of age live in poverty.
(g)Children of teen mothers tend to struggle more in school, are less likely to complete high school, have lower performance on standardized tests, and are more likely to enter the foster care system and become teen parents themselves.
(h)Studies show that pregnancy can motivate pupils to complete school and pursue postsecondary education.
(i)Further, bonding time is critical for an infants long-term development and the well-being of parents. California has acknowledged the importance of bonding time and paved the way in supporting bonding within working families.
(j)Since 2004, workers have been entitled to up to six weeks of family leave to bond with their children. Working families benefit significantly from bonding time. Parenting pupils and their infants, some of our most vulnerable citizens, should not have to choose between their family and education.
SEC. 2.Section 222.5 is added to the Education Code, to read:222.5.A school district shall notify pregnant and parenting pupils of their rights and options available pursuant to Title IX of the federal Education Amendments of 1972 (20 U.S.C. Sec. 1681 et seq.) and Sections 222, 46015, and 48206.3 through annual school year welcome packets pursuant to Section 48980, through independent study packets, on the school districts Internet Web site, in lactation rooms, and in locker rooms.
SEC. 3.Section 46015 is added to the Education Code, to read:46015.(a)The governing board of a school district may allow a parenting pupil who gives or expects to give birth up to six weeks of parental leave and may allow a parenting pupil not giving birth up to three weeks of parental leave after the birth. The length of leave shall be determined by the pupil and shall not exceed the length of time allowed by this subdivision.
(b)(1)Absences allowed pursuant to this section shall not be deemed absences in computing average daily attendance pursuant to Section 42238.5 if the governing board of the school district of attendance files an expectant and parenting pupil policy, including procedures for ensuring pupils are provided with schoolwork while on parental leave, with the department.
(2)For purposes of calculating average daily attendance for a pupil on parental leave, one day of attendance shall be credited for each day on which at least one hour is spent on activities related to the instruction of that pupil. A pupil on parental leave shall not be credited with more than one day of attendance per calendar day. pupil, with a maximum equivalent of the limits specified in subdivision (a). For purposes of this paragraph, activities related to the instruction of that pupil means activities that require contact with the pupil.
(3)An expectant and parenting pupil policy shall require a pupil to submit a parental leave request form, similar or the same as request forms used to request temporary disability time off, to the pupils school before the end of the pregnant pupils second trimester. A school shall process a request within five business days and provide makeup work plan development process guidelines to a pupil in conjunction with the positive determination of parental leave.
SEC. 4.Section 48205 of the Education Code is amended to read:48205.(a)Notwithstanding Section 48200, a pupil shall be excused from school when the absence is:
(1)Due to his or her illness.
(2)Due to quarantine under the direction of a county or city health officer.
(3)For the purpose of having medical, dental, optometrical, or chiropractic services rendered.
(4)For the purpose of attending the funeral services of a member of his or her immediate family, so long as the absence is not more than one day if the service is conducted in California and not more than three days if the service is conducted outside California.
(5)For the purpose of jury duty in the manner provided for by law.
(6)Due to the illness or medical appointment during school hours of a child of whom the pupil is the custodial parent, including up to four absences per school year to care for a sick child, for which the school shall not require a note from a doctor.
(7)For justifiable personal reasons, including, but not limited to, an appearance in court, attendance at a funeral service, observance of a holiday or ceremony of his or her religion, attendance at religious retreats, attendance at an employment conference, or attendance at an educational conference on the legislative or judicial process offered by a nonprofit organization when the pupils absence is requested in writing by the parent or guardian and approved by the principal or a designated representative pursuant to uniform standards established by the governing board.
(8)For the purpose of serving as a member of a precinct board for an election pursuant to Section 12302 of the Elections Code.
(9)For the purpose of spending time with a member of the pupils immediate family, who is an active duty member of the uniformed services, as defined in Section 49701, and has been called to duty for, is on leave from, or has immediately returned from, deployment to a combat zone or combat support position. Absences granted pursuant to this paragraph shall be granted for a period of time to be determined at the discretion of the superintendent of the school district.
(b)A pupil absent from school under this section shall be allowed to complete all assignments and tests missed during the absence that can be reasonably provided and, upon satisfactory completion within a reasonable period of time, shall be given full credit therefor. The teacher of the class from which a pupil is absent shall determine which tests and assignments shall be reasonably equivalent to, but not necessarily identical to, the tests and assignments that the pupil missed during the absence.
(c)For purposes of this section, attendance at religious retreats shall not exceed four hours per semester.
(d)Absences pursuant to this section are deemed to be absences in computing average daily attendance and shall not generate state apportionment payments.
(e)Immediate family, as used in this section, has the same meaning as set forth in Section 45194, except that references therein to employee shall be deemed to be references to pupil.
SEC. 5.Section 48206.3 of the Education Code is amended to read:48206.3.(a)Except for those pupils receiving individual instruction provided pursuant to Section 48206.5, a pupil with a temporary disability that makes attendance in the regular day classes or alternative education program in which the pupil is enrolled impossible or inadvisable shall receive individual instruction provided by the district in which the pupil is deemed to reside.
(b)For purposes of this section and Sections 48206.5, 48207, and 48208, the following terms have the following meanings:
(1)Individual instruction means instruction provided to an individual pupil in the pupils home, in a hospital or other residential health facility, excluding state hospitals, or under other circumstances prescribed by regulations adopted for that purpose by the state board.
(2)Temporary disability means a physical, mental, or emotional disability incurred while a pupil is enrolled in regular day classes or an alternative education program, and after which the pupil can reasonably be expected to return to regular day classes or the alternative education program without special intervention. Temporary disability also includes pregnancy, childbirth, false pregnancy, termination of pregnancy, and recovery therefrom. A temporary disability shall not include a disability for which a pupil is identified as an individual with exceptional needs pursuant to Section 56026.
(c)(1)For purposes of computing average daily attendance pursuant to Section 42238.5, each clock hour of teaching time devoted to individual instruction shall count as one day of attendance.
(2)A pupil shall not be credited with more than five days of attendance per calendar week, or more than the total number of calendar days that regular classes are maintained by the district in any fiscal year.
(d)Notice of the availability of individualized instruction shall be given pursuant to Section 48980.
SEC. 6.Section 48208 of the Education Code is amended to read:48208.(a)It shall be the primary responsibility of the parent or guardian of a pupil with a temporary disability to notify the school district in which the pupil is deemed to reside pursuant to Section 48207 of the pupils presence in a qualifying hospital.
(b)Upon receipt of notification pursuant to subdivision (a), a school district shall do all of the following:
(1)(A)Within five working days of receipt of the notification, determine whether the pupil will be able to receive individualized instruction, and, if the determination is positive, when the individualized instruction may commence. Individualized instruction shall commence no later than five working days after the positive determination has been rendered.
(B)A school district shall provide a pupil with a temporary disability as a result of pregnancy with guidelines for makeup work plan development if the option for individualized instruction is not available at the pupils school or school district.
(2)Provide the pupil with individualized instruction pursuant to Section 48206.3. The school district may enter into an agreement with the school district in which the pupil previously attended regular day classes or an alternative education program, to have the school district the pupil previously attended provide the pupil with individualized instruction pursuant to Section 48206.3.
(3)Within five working days of the commencement of individualized instruction, provide the school district in which the pupil previously attended regular day classes or an alternative education program with written notice that the pupil shall not be counted by that school district for purposes of computing average daily attendance pursuant to Section 42238.5, effective the date on which individualized instruction commenced.
SEC. 7.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 Legislature finds and declares all of the following:
(a)In 2012, about 35,000 children were born to 15- to 19-year-olds in California. Nationwide, 70 percent of young parents are pushed out of school, and fewer than 4 in 10 young mothers graduate from high school by 18 years of age.
(b)Title IX of the federal Education Amendments of 1972 (20 U.S.C. Sec. 1681 et seq.) and California law protect all pupils rights to equal educational opportunities regardless of sex. Yet, only some of Californias school districts provide pregnant and parenting pupil programs.
(c)Pregnant and parenting pupils face overwhelming, system-enforced obstacles to graduating and receiving an education of equal quality to that of their peers that vary across school districts and include all of the following:
(1)Inconsistent access to excused family leave absences to care for new infants during the critical period of early child development, with male parents often having no access.
(2)Involuntary pushout due to high absence rates related to pregnancy and parenting responsibilities.
(3)Rigid requirements to verify excused absences to care for a sick child.
(4)Allowed reasonable amount of time to make up work is defined by the school districts and not to the individual circumstances or to support a pupils goal to graduate.
(5)Varying levels of support and engagement from schools while pupils are absent.
(6)Encouragement to pursue independent study that may not fulfill the A-G admission requirements for the California State University and the University of California or have inconsistent and rigorous attendance policies.
(7)Parenting pupils lack of awareness of their rights under Title IX of the federal Education Amendments of 1972 (20 U.S.C. Sec. 1681 et seq.) and California law, as well as pupils different educational options during pregnancy, postpartum, and as a parent.
(d)While California has an 80 percent high school graduation rate, only 38 percent of young moms who have a child before they are 18 years of age graduate from high school, 19 percent get a General Education Development credential (GED), (GED) credential, and only 2 percent go to college before 30 years of age.
(e)Educational challenges set the stage for economic hardship: The median income for women over 25 years of age without a high school degree is $15,021, less than 53 percent of that of their peers median income of $31,904.
(f)Nearly 60 percent of mothers under 19 years of age live in poverty.
(g)Children of teen mothers tend to struggle more in school, are less likely to complete high school, have lower performance on standardized tests, and are more likely to enter the foster care system and become teen parents themselves.
(h)Studies show that pregnancy can motivate pupils to complete school and pursue postsecondary education.
(i)Further, bonding time is critical for an infants long-term development and the well-being of parents. California has acknowledged the importance of bonding time and paved the way in supporting bonding within working families.
(j)Since 2004, workers have been entitled to up to six weeks of family leave to bond with their children. Working families benefit significantly from bonding time. Parenting pupils and their infants, some of our most vulnerable citizens, should not have to choose between their family and education.
SEC. 2.Section 222.5 is added to the Education Code, to read:222.5.A school district shall notify pregnant and parenting pupils of their rights and options available pursuant to Title IX of the federal Education Amendments of 1972 (20 U.S.C. Sec. 1681 et seq.) and Sections 222, 46015, and 48206.3 through annual school year welcome packets pursuant to Section 48980, through independent study packets, on the school districts Internet Web site, in lactation rooms, and in locker rooms, and in school libraries. rooms.
SEC. 3.Section 46015 is added to the Education Code, to read:46015.(a)The governing board of a school district may allow a parenting pupil who gives or expects to give birth up to six weeks of parental leave for births without complications or eight weeks of parental leave for Caesarian section births and may allow a parenting pupil not giving birth up to four three weeks of parental leave after the birth. The length of leave shall be determined by the pupil and shall not exceed the length of time allowed by this subdivision.
(b)(1)Absences allowed pursuant to this section shall not be deemed absences in computing average daily attendance pursuant to Section 42238.5 if the governing board of the school district of attendance files an expectant and parenting pupil policy, including procedures for ensuring pupils are provided with schoolwork while on parental leave, with the department.
(2)For purposes of calculating average daily attendance for a pupil on parental leave, one day of attendance shall be credited for each day on which at least one hour is spent on activities related to the instruction of that pupil. A pupil on parental leave shall not be credited with more than one day of attendance per calendar day.
(2)
(3)An expectant and parenting pupil policy shall require a pupil to submit a parental leave request form, similar or the same as request forms used to request temporary disability time off, to the pupils school before the end of the pregnant pupils second trimester. A school shall process a request within five business days and provide makeup work plan development process guidelines to a pupil in conjunction with the positive determination of parental leave.
SEC. 4.Section 48205 of the Education Code is amended to read:48205.(a)Notwithstanding Section 48200, a pupil shall be excused from school when the absence is:
(1)Due to his or her illness.
(2)Due to quarantine under the direction of a county or city health officer.
(3)For the purpose of having medical, dental, optometrical, or chiropractic services rendered.
(4)For the purpose of attending the funeral services of a member of his or her immediate family, so long as the absence is not more than one day if the service is conducted in California and not more than three days if the service is conducted outside California.
(5)For the purpose of jury duty in the manner provided for by law.
(6)Due to the illness or medical appointment during school hours of a child of whom the pupil is the custodial parent, including up to four absences per school year to care for a sick child, for which the school shall not require a note from a doctor.
(7)For justifiable personal reasons, including, but not limited to, an appearance in court, attendance at a funeral service, observance of a holiday or ceremony of his or her religion, attendance at religious retreats, attendance at an employment conference, or attendance at an educational conference on the legislative or judicial process offered by a nonprofit organization when the pupils absence is requested in writing by the parent or guardian and approved by the principal or a designated representative pursuant to uniform standards established by the governing board.
(8)For the purpose of serving as a member of a precinct board for an election pursuant to Section 12302 of the Elections Code.
(9)For the purpose of spending time with a member of the pupils immediate family, who is an active duty member of the uniformed services, as defined in Section 49701, and has been called to duty for, is on leave from, or has immediately returned from, deployment to a combat zone or combat support position. Absences granted pursuant to this paragraph shall be granted for a period of time to be determined at the discretion of the superintendent of the school district.
(b)A pupil absent from school under this section shall be allowed to complete all assignments and tests missed during the absence that can be reasonably provided and, upon satisfactory completion within a reasonable period of time, shall be given full credit therefor. The teacher of the class from which a pupil is absent shall determine which tests and assignments shall be reasonably equivalent to, but not necessarily identical to, the tests and assignments that the pupil missed during the absence.
(c)For purposes of this section, attendance at religious retreats shall not exceed four hours per semester.
(d)Absences pursuant to this section are deemed to be absences in computing average daily attendance and shall not generate state apportionment payments.
(e)Immediate family, as used in this section, has the same meaning as set forth in Section 45194, except that references therein to employee shall be deemed to be references to pupil.
SEC. 5.Section 48206.3 of the Education Code is amended to read:48206.3.(a)Except for those pupils receiving individual instruction provided pursuant to Section 48206.5, a pupil with a temporary disability that makes attendance in the regular day classes or alternative education program in which the pupil is enrolled impossible or inadvisable shall receive individual instruction provided by the district in which the pupil is deemed to reside.
(b)For purposes of this section and Sections 48206.5, 48207, and 48208, the following terms have the following meanings:
(1)Individual instruction means instruction provided to an individual pupil in the pupils home, in a hospital or other residential health facility, excluding state hospitals, or under other circumstances prescribed by regulations adopted for that purpose by the state board.
(2)Temporary disability means a physical, mental, or emotional disability incurred while a pupil is enrolled in regular day classes or an alternative education program, and after which the pupil can reasonably be expected to return to regular day classes or the alternative education program without special intervention. Temporary disability also includes pregnancy, childbirth, false pregnancy, termination of pregnancy, and recovery therefrom. A temporary disability shall not include a disability for which a pupil is identified as an individual with exceptional needs pursuant to Section 56026.
(c)(1)For purposes of computing average daily attendance pursuant to Section 42238.5, each clock hour of teaching time devoted to individual instruction shall count as one day of attendance.
(2)A pupil shall not be credited with more than five days of attendance per calendar week, or more than the total number of calendar days that regular classes are maintained by the district in any fiscal year.
(d)Notice of the availability of individualized instruction shall be given pursuant to Section 48980.
SEC. 6.Section 48208 of the Education Code is amended to read:48208.(a)It shall be the primary responsibility of the parent or guardian of a pupil with a temporary disability to notify the school district in which the pupil is deemed to reside pursuant to Section 48207 of the pupils presence in a qualifying hospital.
(b)Upon receipt of notification pursuant to subdivision (a), a school district shall do all of the following:
(1)(A)Within five working days of receipt of the notification, determine whether the pupil will be able to receive individualized instruction, and, if the determination is positive, when the individualized instruction may commence. Individualized instruction shall commence no later than five working days after the positive determination has been rendered.
(B)A school district shall provide a pupil with a temporary disability as a result of pregnancy with guidelines for makeup work plan development if the option for individualized instruction is not available at the pupils school or school district.
(2)Provide the pupil with individualized instruction pursuant to Section 48206.3. The school district may enter into an agreement with the school district in which the pupil previously attended regular day classes or an alternative education program, to have the school district the pupil previously attended provide the pupil with individualized instruction pursuant to Section 48206.3.
(3)Within five working days of the commencement of individualized instruction, provide the school district in which the pupil previously attended regular day classes or an alternative education program with written notice that the pupil shall not be counted by that school district for purposes of computing average daily attendance pursuant to Section 42238.5, effective the date on which individualized instruction commenced.
SEC. 7.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 Legislature finds and declares all of the following:
(a)In 2012 2012, about 35,000 children were born to 15 to 19 year olds 15- to 19-year-olds in California. Nationwide, 70 percent of young parents are pushed out of school, and less fewer than 4 in 10 young mothers graduate from high school by 18 years of age.
(b)Title IX of the federal Education Amendments of 1972 (20 U.S.C. Sec. 1681 et seq.) and California law protects protect all pupils rights to equal educational opportunities regardless of sex. Yet, only some of Californias school districts provide pregnant and parenting pupil programs.
(c)Pregnant and parenting pupils face overwhelming, system-enforced obstacles to graduating and receiving an education of equal quality to that of their peers that vary across school districts and include all of the following:
(1)Inconsistent access to excused family leave absences to care for new infants during the critical period of early child development, with male parents often having no access.
(2)Involuntary pushout due to high absence rates related to pregnancy and parenting responsibilities.
(3)Rigid requirements to verify excused absences to care for a sick child.
(4)Allowed reasonable amount of time to make up work is defined by the school districts and not to the individual circumstances or to support a pupils goal to graduate.
(5)Varying levels of support and engagement from schools while pupils are absent.
(6)Encouragement to pursue independent study that may not fulfill the A-G admission requirements for the California State University and the University of California or have inconsistent and rigorous attendance policies.
(7)Parenting pupils lack of awareness of their rights under Title IX of the federal Education Amendments of 1972 (20 U.S.C. Sec. 1681 et seq.) and California law, as well as pupils different educational options during pregnancy, postpartum, and as a parent.
(d)While California has an 80 percent high school graduation rate, only 38 percent of young moms who have a child before they are 18 years of age graduate from high school, 19 percent get a GED, General Education Development credential (GED), and only 2 percent go to college before 30 years of age.
(e)Educational challenges set the stage for economic hardship: the The median income for women over 25 years of age without a high school degree is $15,021, less than 53 percent of that of their peers median income of $31,904.
(f)Nearly 60 percent of mothers under 19 years of age live in poverty.
(g)Children of teen mothers tend to struggle more in school, are less likely to complete high school, have lower performance on standardized tests, and are more likely to enter the foster care system and become teen parents themselves.
(h)Studies show that pregnancy can motivate pupils to complete school and pursue postsecondary education.
(i)Further, bonding time is critical for an infants long-term development and the well-being of parents. California has acknowledged the importance of bonding time and paved the way in supporting bonding within working families.
(j)Since 2004, workers have been entitled to up to six weeks of family leave to bond with their children. Working families benefit significantly from bonding time. Parenting pupils and their infants, some of our most vulnerable citizens, should not have to choose between their family and education.
SEC. 2.Section 222.5 is added to the Education Code, to read:222.5.A school district shall notify pregnant and parenting pupils of their rights and options options available pursuant to Title IX of the federal Education Amendments of 1972 (20 U.S.C. Sec. 1681 et seq.) and Sections 222, 46015, and 48206.3 through annual school year welcome packets, packets pursuant to Section 48980, through independent study packets, online, on the school districts Internet Web site, in lactation rooms, in locker rooms, and in school libraries.
SEC. 3.Section 46015 is added to the Education Code, to read:46015.(a)A The governing board of a school district may allow a parenting pupil who gives or expects to give birth up to six weeks of parental leave for births without complications or eight weeks of parental leave for Caesarian section births and may allow a parenting pupil not giving birth up to four weeks of parental leave after the birth. The length of leave shall be determined by the pupil and shall not exceed the length of time allowed by this subdivision.
(b)(1)Absences allowed pursuant to this section shall not be deemed absences in computing average daily attendance pursuant to Section 42238.5 if the governing board of the school district of attendance files an expectant and parenting pupil policy, including procedures for ensuring pupils are provided with schoolwork while on parental leave, with the department.
(2)An expectant and parenting pupil policy shall require a pupil to submit a parental leave request form, similar or the same as request forms used to request temporary disability time off, to the pupils school before the end of the pregnant pupils second trimester. A school shall process a request within five business days and provide makeup work plan development process guidelines to a pupil in conjunction with the positive determination of parental leave.
SEC. 4.Section 48205 of the Education Code is amended to read:48205.(a)Notwithstanding Section 48200, a pupil shall be excused from school when the absence is:
(1)Due to his or her illness.
(2)Due to quarantine under the direction of a county or city health officer.
(3)For the purpose of having medical, dental, optometrical, or chiropractic services rendered.
(4)For the purpose of attending the funeral services of a member of his or her immediate family, so long as the absence is not more than one day if the service is conducted in California and not more than three days if the service is conducted outside California.
(5)For the purpose of jury duty in the manner provided for by law.
(6)Due to the illness or medical appointment during school hours of a child of whom the pupil is the custodial parent, including up to four absences per school year to care for a sick child, for which the school shall not require a note from a doctor.
(7)For justifiable personal reasons, including, but not limited to, an appearance in court, attendance at a funeral service, observance of a holiday or ceremony of his or her religion, attendance at religious retreats, attendance at an employment conference, or attendance at an educational conference on the legislative or judicial process offered by a nonprofit organization when the pupils absence is requested in writing by the parent or guardian and approved by the principal or a designated representative pursuant to uniform standards established by the governing board.
(8)For the purpose of serving as a member of a precinct board for an election pursuant to Section 12302 of the Elections Code.
(9)For the purpose of spending time with a member of the pupils immediate family, who is an active duty member of the uniformed services, as defined in Section 49701, and has been called to duty for, is on leave from, or has immediately returned from, deployment to a combat zone or combat support position. Absences granted pursuant to this paragraph shall be granted for a period of time to be determined at the discretion of the superintendent of the school district.
(b)A pupil absent from school under this section shall be allowed to complete all assignments and tests missed during the absence that can be reasonably provided and, upon satisfactory completion within a reasonable period of time, shall be given full credit therefor. The teacher of the class from which a pupil is absent shall determine which tests and assignments shall be reasonably equivalent to, but not necessarily identical to, the tests and assignments that the pupil missed during the absence.
(c)For purposes of this section, attendance at religious retreats shall not exceed four hours per semester.
(d)Absences pursuant to this section are deemed to be absences in computing average daily attendance and shall not generate state apportionment payments.
(e)Immediate family, as used in this section, has the same meaning as set forth in Section 45194, except that references therein to employee shall be deemed to be references to pupil.
SEC. 5.Section 48206.3 of the Education Code is amended to read:48206.3.(a)Except for those pupils receiving individual instruction provided pursuant to Section 48206.5, a pupil with a temporary disability that makes attendance in the regular day classes or alternative education program in which the pupil is enrolled impossible or inadvisable shall receive individual instruction provided by the district in which the pupil is deemed to reside.
(b)For purposes of this section and Sections 48206.5, 48207, and 48208, the following terms have the following meanings:
(1)Individual instruction means instruction provided to an individual pupil in the pupils home, in a hospital or other residential health facility, excluding state hospitals, or under other circumstances prescribed by regulations adopted for that purpose by the state board.
(2)Temporary disability means a physical, mental, or emotional disability incurred while a pupil is enrolled in regular day classes or an alternative education program, and after which the pupil can reasonably be expected to return to regular day classes or the alternative education program without special intervention. Temporary disability also includes pregnancy, childbirth, false pregnancy, termination of pregnancy, and recovery therefrom. A temporary disability shall not include a disability for which a pupil is identified as an individual with exceptional needs pursuant to Section 56026.
(c)(1)For purposes of computing average daily attendance pursuant to Section 42238.5, each clock hour of teaching time devoted to individual instruction shall count as one day of attendance.
(2)A pupil shall not be credited with more than five days of attendance per calendar week, or more than the total number of calendar days that regular classes are maintained by the district in any fiscal year.
(d)Notice of the availability of individualized instruction shall be given pursuant to Section 48980.
SEC. 6.Section 48208 of the Education Code is amended to read:48208.(a)It shall be the primary responsibility of the parent or guardian of a pupil with a temporary disability to notify the school district in which the pupil is deemed to reside pursuant to Section 48207 of the pupils presence in a qualifying hospital, with notification before the end of the pupils second trimester by a parent or guardian of a pupil with a temporary disability as a result of pregnancy. hospital.
(b)Upon receipt of notification pursuant to subdivision (a), a school district shall do all of the following:
(1)(A)Within five working days of receipt of the notification, determine whether the pupil will be able to receive individualized instruction, and, if the determination is positive, when the individualized instruction may commence. Individualized instruction shall commence no later than five working days after the positive determination has been rendered.
(B)A school district shall provide a pupil with a temporary disability as a result of pregnancy with guidelines for makeup work plan development if the option for individualized instruction is not available at the pupils school or school district.
(2)Provide the pupil with individualized instruction pursuant to Section 48206.3. The school district may enter into an agreement with the school district in which the pupil previously attended regular day classes or an alternative education program, to have the school district the pupil previously attended provide the pupil with individualized instruction pursuant to Section 48206.3.
(3)Within five working days of the commencement of individualized instruction, provide the school district in which the pupil previously attended regular day classes or an alternative education program with written notice that the pupil shall not be counted by that school district for purposes of computing average daily attendance pursuant to Section 42238.5, effective the date on which individualized instruction commenced.
SEC. 7.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 Legislature finds and declares all of the following:
(a)In 2012 about 35,000 children were born to 15 to 19 year olds in California. Nationwide, 70 percent of young parents are pushed out of school, and less than four in 10 young mothers graduate from high school by 18 years of age.
(b)Title IX of the federal Education Amendments of 1972 (20 U.S.C. Sec. 1681 et seq.) and California law protects all pupils rights to equal educational opportunities regardless of sex. Yet, only some of Californias school districts provide pregnant and parenting pupil programs.
(c)Pregnant and parenting pupils face overwhelming, system-enforced obstacles to graduating and receiving an education of equal quality to that of their peers that vary across school districts and include all of the following:
(1)Inconsistent access to excused family leave absences to care for new infants during the critical period of early child development, with male parents often having no access.
(2)Involuntary push-out due to high absence rates related to pregnancy and parenting responsibilities.
(3)Rigid requirements to verify excused absences to care for a sick child.
(4)Allowed reasonable amount of time to make up work is defined by the school districts and not to the individual circumstances or to support a pupils goal to graduate.
(5)Varying levels of support and engagement from schools while pupils are absent.
(6)Encouragement to pursue independent study that may not fulfill the A-G admission requirements for the California State University and the University of California or have inconsistent and rigorous attendance policies.
(7)Parenting pupils lack of awareness of their rights under Title IX of the federal Education Amendments of 1972 (20 U.S.C. Sec. 1681 et seq.) and California law, as well as pupils different educational options during pregnancy, postpartum, and as a parent.
(d)While California has an 80 percent high school graduation rate, only 38 percent of young moms who have a child before they are 18 years of age graduate from high school, 19 percent get a GED, and only 2 percent go to college before 30 years of age.
(e)Educational challenges set the stage for economic hardship: the median income for women over 25 years of age without a high school degree is $15,021, less than 53 percent of that of their peers median income of $31,904.
(f)Nearly 60 percent of mothers under 19 years of age live in poverty.
(g)Children of teen mothers tend to struggle more in school, are less likely to complete high school, have lower performance on standardized tests, and are more likely to enter the foster care system and become teen parents themselves.
(h)Studies show that pregnancy can motivate pupils to complete school and pursue postsecondary education.
(i)Further, bonding time is critical for an infants long-term development and the well-being of parents. California has acknowledged the importance of bonding time and paved the way in supporting bonding within working families.
(j)Since 2004, workers have been entitled to up to six weeks of family leave to bond with their children. Working families benefit significantly from bonding time. Parenting pupils and their infants, some of our most vulnerable citizens, should not have to choose between their family and education.
SEC. 2.Section 222.5 is added to the Education Code, to read:222.5.A school district shall notify pregnant and parenting pupils of their rights and options through annual school year welcome packets, through independent study packets, online, in lactation rooms, in locker rooms, and in libraries.
SEC. 3.Section 46015 is added to the Education Code, to read:46015.(a)A school may allow a parenting pupil who gives birth up to six weeks of parental leave for births without complications or eight weeks of parental leave for Caesarian section births and may allow a parenting pupil not giving birth up to four weeks of parental leave after the birth.
(b)(1)Absences allowed pursuant to this section shall not be deemed absences in computing average daily attendance pursuant to Section 42238.5 if the governing board of the school district of attendance files an expectant and parenting pupil policy, including procedures for ensuring pupils are provided with schoolwork while on parental leave, with the department.
(2)An expectant and parenting pupil policy shall require a pupil to submit a parental leave request form, similar or the same as request forms used to request temporary disability time off, to the pupils school before the end of the pregnant pupils second trimester. A school shall process a request within five business days and provide makeup work plan development process guidelines to a pupil in conjunction with the positive determination of parental leave.
SEC. 4.Section 48205 of the Education Code is amended to read:48205.(a)Notwithstanding Section 48200, a pupil shall be excused from school when the absence is:
(1)Due to his or her illness.
(2)Due to quarantine under the direction of a county or city health officer.
(3)For the purpose of having medical, dental, optometrical, or chiropractic services rendered.
(4)For the purpose of attending the funeral services of a member of his or her immediate family, so long as the absence is not more than one day if the service is conducted in California and not more than three days if the service is conducted outside California.
(5)For the purpose of jury duty in the manner provided for by law.
(6)Due to the illness or medical appointment during school hours of a child of whom the pupil is the custodial parent. parent, including up to four absences per school year to care for a sick child, for which the school shall not require a note from a doctor.
(7)For justifiable personal reasons, including, but not limited to, an appearance in court, attendance at a funeral service, observance of a holiday or ceremony of his or her religion, attendance at religious retreats, attendance at an employment conference, or attendance at an educational conference on the legislative or judicial process offered by a nonprofit organization when the pupils absence is requested in writing by the parent or guardian and approved by the principal or a designated representative pursuant to uniform standards established by the governing board.
(8)For the purpose of serving as a member of a precinct board for an election pursuant to Section 12302 of the Elections Code.
(9)For the purpose of spending time with a member of the pupils immediate family, who is an active duty member of the uniformed services, as defined in Section 49701, and has been called to duty for, is on leave from, or has immediately returned from, deployment to a combat zone or combat support position. Absences granted pursuant to this paragraph shall be granted for a period of time to be determined at the discretion of the superintendent of the school district.
(b)A pupil absent from school under this section shall be allowed to complete all assignments and tests missed during the absence that can be reasonably provided and, upon satisfactory completion within a reasonable period of time, shall be given full credit therefor. The teacher of the class from which a pupil is absent shall determine which tests and assignments shall be reasonably equivalent to, but not necessarily identical to, the tests and assignments that the pupil missed during the absence.
(c)For purposes of this section, attendance at religious retreats shall not exceed four hours per semester.
(d)Absences pursuant to this section are deemed to be absences in computing average daily attendance and shall not generate state apportionment payments.
(e)Immediate family, as used in this section, has the same meaning as set forth in Section 45194, except that references therein to employee shall be deemed to be references to pupil.
SEC. 5.Section 48206.3 of the Education Code is amended to read:48206.3.(a)Except for those pupils receiving individual instruction provided pursuant to Section 48206.5, a pupil with a temporary disability which that makes attendance in the regular day classes or alternative education program in which the pupil is enrolled impossible or inadvisable shall receive individual instruction provided by the district in which the pupil is deemed to reside.
(b)For purposes of this section and Sections 48206.5, 48207, and 48208, the following terms have the following meanings:
(1)Individual instruction means instruction provided to an individual pupil in the pupils home, in a hospital or other residential health facility, excluding state hospitals, or under other circumstances prescribed by regulations adopted for that purpose by the State Board of Education. state board.
(2)Temporary disability means a physical, mental, or emotional disability incurred while a pupil is enrolled in regular day classes or an alternative education program, and after which the pupil can reasonably be expected to return to regular day classes or the alternative education program without special intervention. Temporary disability also includes pregnancy, childbirth, false pregnancy, termination of pregnancy, and recovery therefrom. A temporary disability shall not include a disability for which a pupil is identified as an individual with exceptional needs pursuant to Section 56026.
(c)(1)For purposes of computing average daily attendance pursuant to Section 42238.5, each clock hour of teaching time devoted to individual instruction shall count as one day of attendance.
(2)No A pupil shall not be credited with more than five days of attendance per calendar week, or more than the total number of calendar days that regular classes are maintained by the district in any fiscal year.
(d)Notice of the availability of individualized instruction shall be given pursuant to Section 48980.
SEC. 6.Section 48208 of the Education Code is amended to read:48208.(a)It shall be the primary responsibility of the parent or guardian of a pupil with a temporary disability to notify the school district in which the pupil is deemed to reside pursuant to Section 48207 of the pupils presence in a qualifying hospital. hospital, with notification before the end of the pupils second trimester by a parent or guardian of a pupil with a temporary disability as a result of pregnancy.
(b)Upon receipt of notification pursuant to subdivision (a), a school district shall do all of the following:
(1)(A)Within five working days of receipt of the notification, determine whether the pupil will be able to receive individualized instruction, and, if the determination is positive, when the individualized instruction may commence. Individualized instruction shall commence no later than five working days after the positive determination has been rendered.
(B)A school district shall provide a pupil with a temporary disability as a result of pregnancy with guidelines for makeup work plan development if the option for individualized instruction is not available at the pupils school or school district.
(2)Provide the pupil with individualized instruction pursuant to Section 48206.3. The school district may enter into an agreement with the school district in which the pupil previously attended regular day classes or an alternative education program, to have the school district the pupil previously attended provide the pupil with individualized instruction pursuant to Section 48206.3.
(3)Within five working days of the commencement of individualized instruction, provide the school district in which the pupil previously attended regular day classes or an alternative education program with written notice that the pupil shall not be counted by that school district for purposes of computing average daily attendance pursuant to Section 42238.5, effective the date on which individualized instruction commenced.
SEC. 7.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.
|
Date
|
Status
|
|---|---|
| May 31, 2016 | From committee: Do pass as amended. (Ayes 6. Noes 1.) (May 27). |
| Aug 11, 2016 | August 11 hearing. Held in committee and under submission. |
| Aug 3, 2016 | August 3 set for first hearing. Placed on APPR. suspense file. |
| Aug 1, 2016 | From committee with author's amendments. Read second time and amended. Re-referred to Com. on APPR. |
| Jun 29, 2016 | Read second time and amended. Re-referred to Com. on APPR. |
| Jun 28, 2016 | From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 7. Noes 0.) (June 22). |
| Jun 9, 2016 | Referred to Com. on ED. |
| Jun 2, 2016 | Read third time. Passed. (Ayes 38. Noes 0.) Ordered to the Assembly. |
| Jun 2, 2016 | Read third time. Passed. (Ayes 38. Noes 0. Page 4142.) Ordered to the Assembly. |
| Jun 2, 2016 | In Assembly. Read first time. Held at Desk. |
| Jun 1, 2016 | Read second time and amended. Ordered to third reading. |
| Feb 11, 2016 | Introduced. Read first time. To Com. on RLS. for assignment. To print. |
| May 31, 2016 | From committee: Do pass as amended. (Ayes 6. Noes 1. Page 4001.) (May 27). |
| May 20, 2016 | Set for hearing May 27. |
| Apr 11, 2016 | April 11 hearing: Placed on APPR. suspense file. |
| Apr 1, 2016 | Set for hearing April 11. |
| Mar 29, 2016 | Read second time and amended. Re-referred to Com. on APPR. |
| Mar 28, 2016 | From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 9. Noes 0.) (March 16). |
| Mar 28, 2016 | From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 9. Noes 0. Page 3240.) (March 16). |
| Feb 25, 2016 | Set for hearing March 16. |
| Feb 25, 2016 | Referred to Com. on ED. |
| Feb 12, 2016 | From printer. May be acted upon on or after March 13. |
|
Date
|
Description
|
Location
|
Votes
|
|
|---|---|---|---|---|
| Jun 22, 2016 | Do pass as amended and be re-referred to the Committee on [Appropriations] | Assembly Standing Committee on Education |
Passed |
|
| Jun 2, 2016 | Senate 3rd Reading SB1014 Liu | Senate Floor |
Passed |
|
| May 27, 2016 | Do pass as amended | Senate Standing Committee on Appropriations |
Passed |
|
| Apr 11, 2016 | Placed on suspense file | Senate Standing Committee on Appropriations |
Passed |
|
| Mar 16, 2016 | Do pass as amended, but first amend, and re-refer to the Committee on [Appropriations] | Senate Standing Committee on Education |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
|
Organization
|
Position
|
Date
|
|---|---|---|
| ACLU | * Support | Jun 22, 2016 |
| Act for Women and Girls | * Support | Mar 16, 2016 |
| Advanced Energy Economy | ** Support | Jun 20, 2018 |
| American Academy Of Pediatrics California District IX | * Support | Jun 22, 2016 |
| American Association of University Women | ** Support | Jun 22, 2016 |
| American Lung Association | * Support | Jun 20, 2018 |
| An individual | ** Support | Jun 22, 2016 |
| ASPIRANET | * Support | Jun 22, 2016 |
| black women for wellness | * Support | Jun 22, 2016 |
| Brighter Beginnings | ** Support | Mar 16, 2016 |
| California Chamber Of Commerce | * Against Unless Amend | Jun 20, 2018 |
| California Electric Transportation Coalition | * Support | Jun 20, 2018 |
| California Immigrant Policy Center | ** Support | Jun 22, 2016 |
| California Latinas for Reproductive Justice | * Support | Jun 22, 2016 |
| California Pan-Ethnic Health Network | * Support | Jun 22, 2016 |
| California School Boards Association | * Support | Jun 22, 2016 |
| California State PTA | * Support | Jun 22, 2016 |
| Calstart | * Support | Jun 20, 2018 |
| City and County of San Francisco | * Support | Jun 20, 2018 |
| Clean Power Campaign | * Support | Jun 20, 2018 |
| Coalition For Clean Air | * Support | Jun 20, 2018 |
| Coleman Advocates for Children and Youth | ** Support | Mar 16, 2016 |
| Electric Vehicle Charging Association | * Support | Jun 20, 2018 |
| Family Violence Law Center | ** Support | Jun 2, 2016 |
| Forward Together | ** Support | Jun 22, 2016 |
| FosterEd, National Center for Youth Law | * Support | Jun 22, 2016 |
| Fresno Barrios Unidos | ** Support | Mar 16, 2016 |
| Girls Incorporated of Alameda County | ** Support | Jun 2, 2016 |
| Hands Together - A Center for Children | ** Support | Mar 16, 2016 |
| Having Our Say | ** Support | Jun 2, 2016 |
| Los Angeles County Office Of Education | * Support | Jun 22, 2016 |
| Lyft | * Against | Jun 20, 2018 |
| Lyft Inc | * Against Unless Amend | Jun 20, 2018 |
| Monterey County Probation Department | ** Support | Jun 22, 2016 |
| National Association of Social Workers | ** Support | Jun 22, 2016 |
| National Association Of Social Workers, California Chapter | * Support | Jun 22, 2016 |
| National Center for Youth Law | ** Support | Jun 2, 2016 |
| National Compadres Network | ** Support | Jun 22, 2016 |
| National Council of Jewish Women California | ** Support | Jun 22, 2016 |
| National Diversity Coalition | * Against | Jun 20, 2018 |
| Nevada County Citizens for Choice | ** Support | Mar 16, 2016 |
| Physicians for Reproductive Health | ** Support | Mar 16, 2016 |
| Planned Parenthood Action Fund of the Pacific Southwest | ** Support | Jun 22, 2016 |
| Planned Parenthood Advocacy Project of Los Angeles County | ** Support | Jun 22, 2016 |
| Planned Parenthood Affiliates Of California | ** Support | Jun 22, 2016 |
| Planned Parenthood Mar Monte | ** Support | Jun 22, 2016 |
| Planned Parenthood Northern California Action Fund | ** Support | Jun 22, 2016 |
| Poetic Knights Inc. | ** Support | Jun 22, 2016 |
| San Francisco Women's Political Committee | ** Support | Jun 2, 2016 |
| Santa Clara County Office Of Education | * Support | Jun 22, 2016 |
| Sierra Club California | * Support | Jun 20, 2018 |
| Silicon Valley Leadership Group | * Against | Jun 20, 2018 |
| Sonoma Clean Power | * Support | Jun 20, 2018 |
| Technet | * Neutral | Jun 25, 2018 |
| Teen Success, Inc. | ** Support | Mar 16, 2016 |
| u None received. | ** Against | Mar 16, 2016 |
| Uber Technologies | * Against Unless Amend | Jun 20, 2018 |
| Union Of Concerned Scientists | * Support | Jun 20, 2018 |
| URGE: Unite for Reproductive & Gender Equity | ** Support | Mar 16, 2016 |
| Valley Clean Air Now | * Support | Jun 20, 2018 |
| Western Center On Law And Poverty Inc. | * Support | Jun 22, 2016 |
| Wise Entertainment | ** Support | Mar 16, 2016 |
| Women in ACT | * Support | Mar 16, 2016 |
| Women's Foundation of California, Women's Policy Institute | ** Support | Mar 16, 2016 |
Date of Hearing: August 3, 2016
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Lorena Gonzalez, Chair
SBPCA Bill Id:SB 1014
Author:(Liu) – As Amended Ver:August 1, 2016
Policy Committee: | Education | Vote: | 7-0 |
Urgency: No State Mandated Local Program: Yes Reimbursable: Yes
SUMMARY:
This bill authorizes a school district to grant parental leave to a student, and provides that such absences generate average daily attendance (ADA) funding, if the school district files an expectant and parenting student policy with the California Department of Education (CDE). Specifically, this bill:
- Authorizes a school district to provide a parenting student who gives or expects to give birth, up to six weeks of parental leave and a parenting student not giving birth (father), up to three weeks of leave after the birth. Specifies the length of leave must be determined by the student.
- Authorizes absences due to parental leave to generate ADA. For purposes of calculating ADA, one day of attendance will be credited for each hour spent on "activities related to the instruction of that student", specified as contact with the student. The total hours cannot exceed the authorized leave allowance.
- Specifies that absences due to parental leave are to count toward calculating ADA only if the school district of attendance files an expectant and parenting pupil policy with the California Department of Education (CDE), including procedures for ensuring students are provided with schoolwork while on parental leave.
- Authorizes a student to generate up to four excused absences per school year to care for a sick child.
- Requires school districts to notify pregnant and parenting students of their rights and options available under federal Title IX and existing state law through annual school year welcome packets, through independent study packets, on the school district’s website, in lactation rooms, and in locker rooms.
- Modifies the existing definition of “temporary disability” to include pregnancy, childbirth, false pregnancy, termination of pregnancy, and recovery therefrom.
- Requires a school district to provide a student with a temporary disability in a qualifying hospital as a result of pregnancy with guidelines for makeup work plan development if the option for individualized instruction is not available at the student’s school or school district.
FISCAL EFFECT:
- Proposition 98/GF costs, potentially in the range of $20 million to $45 million, to include absences related to parental leave in the calculation of ADA for school districts. The higher estimate assumes approximately 20,000 mothers take the six month leave and 20,000 fathers take the three month leave at an ADA rate of $50 per day. Actual costs will depend upon whether districts file an expectant and parenting student policy, the number of students that choose to take leave, the total leave taken, and hours of instruction provided to the student on parental leave.
- Unknown state mandated costs, likely in the low hundreds of thousands of dollars, for school districts to expand the existing annual parent notification mandate and disseminate information.
- One-time General Fund administrative costs to CDE of approximately $85,000 to make revisions to the Principal Apportionment and Data Collection System to account for absences attributed to parental leave. Ongoing costs of approximately $50,000 GF to provide technical assistance to districts to implement the new policy.
COMMENTS:
- Purpose. According to the author, in 2012 nearly 35,000 children in California were born to individuals between the ages of 15 to 19. Pregnant and parenting students face obstacles in receiving equal educational opportunities. Some of these obstacles include: inconsistent access to excused “family leave” (male parents often have no access to bonding time); involuntary transfers due to high absence rates related to pregnancy and parenting responsibilities; varying levels of support and engagement from their schools while absent; encouragement to pursue independent study that may not fulfill A-G Requirements needed for college entrance; and a lack of awareness of parenting student rights under Title IX and California law. This bill takes a step towards providing assistance to pregnant and parenting students by allowing school districts to receive a full day of ADA funding for providing just one hour of activities related to instruction to the student. School districts must file an expectant and parenting student policy with CDE to receive this funding.
- Mandated costs. This bill requires school districts to notify pregnant and parenting students of their rights and options available under federal Title IX and existing state law, through annual school year welcome packets, independent study packets, on the school district’s website, in lactation rooms, and in locker rooms. This requirement likely expands the existing consolidated annual parent notification mandate which, before the K-12 mandate block grant, averaged costs of about $9 million per year. To the extent the Commission on State Mandates determines these activities to be reimbursable; this could create pressure to increase the K-12 mandate block grant.
- Average Daily Attendance. General purpose state funding is driven by the average daily attendance (ADA) of students in a school district. ADA is generated by students attending classes under the immediate supervision of a properly credentialed teacher. Existing law prohibits excused absences from generating state aid derived by ADA, but does allow a district to recover a day of lost attendance if the student chooses to attend Saturday school. Excused absences include those due to the illness or medical appointment of a student’s child. Existing federal law, known as Title IX, among other things, excuses absences due to pregnancy or childbirth for as long as the student’s doctor says is necessary, and gives students the opportunity to make up any missed assignments.
Consistent with existing ADA requirements, the committee may wish to consider clarifying "contact with the pupil" to mean direct instruction under the immediate supervision of an employee of the district who possesses a valid certification document.
Analysis Prepared by: Misty Feusahrens / APPR. / (916) 319-2081
Date of Hearing: June 22, 2016
ASSEMBLY COMMITTEE ON EDUCATION
Patrick O'Donnell, Chair
SBPCA Bill Id:SB 1014
Author:(Liu) – As Amended Ver:June 1, 2016
SENATE VOTE: 38-0
SUBJECT: Pupil rights: pregnant and parenting pupils
SUMMARY: Authorizes the governing board of a school district to grant parental leave to students who are parents or are soon to be parents and specifies that the leave shall not be deemed absences in computing average daily attendance (ADA). Specifically, this bill:
- Requires a school district to notify pregnant and parenting pupils of their rights and options available from federal law through the annual school year welcome packets, independent study packets, on the school district's Internet Web site, in lactation rooms, and in locker rooms.
- Provides a parenting pupil who gives or expects to give birth up to six weeks of parental leave and a parenting pupil not giving birth up to three weeks of parental leave after the birth. Provides pupils with the authority to determine the length of the leave as long as the length of time does not exceed the limits specified by the bill.
- Provides that absences allowed shall not be deemed absences in computing ADA if the governing board of the school district of attendance files with the California Department of Education (CDE) an expectant and parenting pupil policy that includes procedures for ensuring pupils are provided with schoolwork while on parental leave.
- Specifies that for purposes of calculating ADA for a pupil on parental leave, one day of attendance shall be credited for each day on which at least one hour is spent on activities related to the instruction of that pupil. A pupil on parental leave shall not be credited with more than one day of attendance per calendar day.
- Specifies that an expectant and parenting pupil policy shall require a pupil to submit a parental leave request form, similar or the same as request forms used to request temporary disability time off, to the pupil’s school before the end of the pregnant pupil’s second trimester. A school shall process a request within five business days and provide makeup work plan development process guidelines to a pupil in conjunction with the positive determination of parental leave.
- Allows, as an excused absence, up to four absences per school year for a pupil who is a custodial parent to care for a sick child without requiring a note from a doctor.
- Modifies the existing definition of "temporary disability" in the code sections dealing with attendance to include pregnancy, childbirth, false pregnancy, termination of pregnancy, and recovery therefrom.
- Requires a school district to provide a pupil with a temporary disability as a result of pregnancy with guidelines for makeup work plan development if the option for individualized instruction is not available at the pupil’s school or school district.
- Makes findings and declarations regarding the difficulties faced by pregnant and parenting teens to complete school and pursue postsecondary education.
EXISTING LAW:
- Requires a pupil between the ages of 6 through 18 to attend school in the school district where either parent or legal guardian resides except as specified. (Education Code (EC) Section 48200)
- Specifies that excused absences are deemed to be absences in computing ADA and shall not general state apportionment payments. (EC Section 48205)
- Defines a "truant" as any pupil subject to compulsory full-time education or to compulsory continuation education a student who is absent from school without a valid excuse on any day or is tardy for more than 30 minutes, or any combination thereof, for three days in a school year. (EC Section 48260)
- Provides that a valid excuse includes, but is not limited, the reasons specified in the "excused absences" sections of law and may include other reasons that are within the discretion of school administrators and based on the facts of the pupil's circumstances. (EC Section 48260)
- Defines “temporary disability” as a physical, mental, or emotional disability and after which the student can reasonably be expected to return to the student’s classes or education program without special intervention. (EC Section 48206.3)
- Provides for home and hospital instruction for a student with a temporary disability who is in a hospital or other residential health facility or the student’s home. (EC Section 48208)
- Federal law, known as Title IX, prohibits discrimination on the basis of sex, including pregnancy and parental status, in educational programs and activities. Title IX requires schools to allow pregnant or parenting students to continue participating in classes and extracurricular activities, allow students to choose whether to attend special programs or classes for pregnant students, excuse absences due to pregnancy or childbirth for as long as the student’s doctor says is necessary, allow students to return to the same academic and extracurricular status as before giving birth, and give students the opportunity to make up any missed assignments. (United States Code, Title 20, § 1681, et seq.)
FISCAL EFFECT: According to the Senate Appropriations Committee:
- ADA funding: To the extent school districts file an expectant and parenting student policy, students choose to take leave, and are absent up to the length provided in this bill, state costs would be in the mid tens of millions related to including these absences in their ADA calculation. Actual costs would likely be less by an unknown amount as school districts would only generate ADA funding for the days that schools devote at least one hour related to the instruction each student on parental leave. (Proposition 98)
- Mandate costs: The bill’s requirements to expand the existing annual parent notification mandate and disseminate information as specified, could drive state costs of about one million. To the extent the Commission on State Mandates determines these activities to be reimbursable, it could create pressure to increase the K-12 mandate block grant. (Proposition 98)
- Administrative costs: The CDE indicates unknown costs attributed to providing guidance to local educational agencies related to attendance accounting for students that go on parental leave and other programmatic and legal guidance. (General Fund)
COMMENTS: Need for the bill. According to the author, in 2012, nearly 35,000 children in California were born to individuals between the ages of 15 to 19. Pregnant and parenting students face obstacles in receiving equal educational opportunities. Nationwide, only 38% of women who have a child before the age of 18 graduate from high school, 19% get a GED, and only 2% go to college before age 30. Impediments include inconsistent access to excused "family leave" absences, with male parents often having no access to bonding time, involuntary transfers due to high absence rates due to pregnancy and parenting responsibilities, rigid requirements for verifying excused absences to care for a sick child, inconsistent definitions across districts of 'reasonable amount of time' to make up work, and encouragement to pursue independent study or enroll in continuation school.
This bill provides pregnant pupils and pupils who give birth up to six weeks and parents not giving birth up to three weeks of parental leave after the birth of a child. The bill allows the school district to continue receiving ADA for the pupils provided that the district first files an expectant and parenting pupil policy with the CDE. The policy must include procedures pupils will be provided with schoolwork while on parental leave. The policy must also include a requirement that the pupil submit a parental leave form and requires a school to process the request within five business days with guidelines for the development of a makeup work plan. Amendments adopted by the Senate Appropriations Committee requires at least one hour to be spent on activities related to instruction per day for each day of ADA attendance credit.
Why parental leave? Under current law, students may enroll in independent study. Independent study is an alternative instructional program that allows students to work independently, according to a written agreement and under the general supervision of a credentialed teacher or teachers. According to the author's office, independent study may not provide students who are parents with access to A-G courses required for four-year colleges and universities. Independent study also may not provide sufficient flexibility that new parents and newborns need. A district can claim a full day’s attendance for completed independent study student work if a credentialed teacher determines the time value of that work is equal to at least a “minimum day.” Establishing a leave program provides flexibility, allows a student to maintain enrollment in a comprehensive high school, and get bonding time with their babies while completing schoolwork. As an example, according to the author's office, during the parental leave, the student will have flexibility to come to school for short periods of time – perhaps when the student has childcare.
ADA. The bill allows a school district to receive ADA for the pupil on parental leave. As a condition for one day of ADA, the school must provide at least one hour of activities related to the instruction of the pupil each day. This language is similar, but is not identical to EC Section 48206.3, which provides ADA for students with temporary disabilities. EC Section 48206.3 specifies that for purposes of computing ADA, "each clock hour of teaching time devoted to individual instruction shall count as one day of attendance." The language in this bill provides some flexibility on "teaching" by authorizing "activities related to instruction," but does not provide flexibility on when the instructional-related activities take place in order to receive ADA. Staff recommends an amendment to delink the one hour to "each day" and allow one hour of instructional-related activities to count as one day of attendance regardless of when the instructional activities takes place, as long as the total number of hours does not exceed the equivalent of the time limits specified in this bill. This will be important during the time the pupil is in labor and giving birth. Staff also recommends clarifying that the activities related to instruction must include contact with students.
Excused absences. Under current law, a student who is absent from school without a valid excuse on any day or is tardy for more than 30 minutes, or any combination thereof, for three days in a school year is considered a truant. Excused absences do not generate ADA, but do not count towards truancy. They include any of the following reasons:
- Due to illness or quarantine under the direction of a county or city health officer.
- For medical, dental, optometric, or chiropractic appointments.
- For the purpose of attending the funeral services of an immediate family member (1 day if within the state and three days out of state).
- For the purpose of attending jury duty.
- Due to the illness or medical appointment of a child of whom the student is the custodial parent.
- For justifiable personal reasons, including an appearance in court, observation of a religious holiday or ceremony, or attendance at an employment or educational conference on legislative or judicial process.
- For the purpose of serving as a member of a precinct board for an election.
- For the purpose of spending time with an immediate family member who is an active duty member of the military, as specified.
- Other valid excuses for purposes of determining truancy as determined by the school district.
This bill expands excused absences to include a maximum of four absences per school year to care for a sick child. One of the challenges cited in a 2015 report by the American Civil Liberties Union (ACLU) on educational barriers of pregnant and parenting students is that new parents will be missing school due to doctor's visits, either for themselves or for their baby. If a baby has a cold and may not be taken to child care, a parent will not be able to attend school but will not be excused without a doctor's note. This bill allows the absences without requiring a doctor's note.
Child care needed. Childcare is critical in enabling parents to stay in school. The establishment of the Local Control Funding Formula eliminated almost all categorical programs. One of the programs eliminated was the California School Age Families Education (Cal-SAFE) program. The Cal-SAFE Program was a comprehensive, integrated, community-linked, school based program that serves expectant and parenting students and their children. Cal-SAFE received $46.4 million in the FY 2012-13 budget. According to the CDE, from 2000 to 2010, the program had enrolled 98,000 expectant and parenting students and 62,000 young children. Cal-SAFE provides academic and support services to both female and male student under 18 who have not graduated from high school and are expectant, custodial or non-custodial parents. The program provides enrollees with effective parenting skills and their children with child care, health screenings, and early childhood development programs. As long as teen parents are enrolled in the program, their children are eligible for services until age five or entry into kindergarten. The ACLU report indicated that 73% of participants completed high school with the support provided by Cal-SAFE. It is unclear how many school districts have continued the program using local control funding formula funds.
The American Association of University Women (AAUW) supports the bill and states, "While pregnant students are protected under federal law with Title IX, many school policies are counterintuitive and deter these students from completing their education. For instance, when schools are required to use average daily attendance (ADA) to receive state funding, there is no incentive to make accommodations or even allow absences for students that are pregnant or parenting. This type of policy places an unfair burden on students that wish to complete school but also have to adjust their in-class attendance for pregnancy, childbirth, and bonding time. SB 1014 takes an important step in addressing the dropout rate for pregnant and parenting teens by making reasonable accommodations for student leave."
REGISTERED SUPPORT / OPPOSITION:
Support
American Association of University Women
Black Women for Wellness
California Immigrant Policy Center
California Latinas for Reproductive Justice
California State PTA
Forward Together
Monterey County Probation Department
National Association of Social Workers
National Compadres Network
National Council of Jewish Women California
Planned Parenthood Action Fund of the Pacific Southwest
Planned Parenthood Advocacy Project of Los Angeles County
Planned Parenthood Affiliates of California
Planned Parenthood Mar Monte
Planned Parenthood Northern California Action Fund
Poetic Knights Inc.
An individual
Opposition
None on file
Analysis Prepared by: Sophia Kwong Kim / ED. / (916) 319-2087
Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | SB |
THIRD READING
Bill No: SB 1014
: 6/1/16
SENATE EDUCATION COMMITTEE: 9-0, 3/16/16
AYES: Liu, Block, Hancock, Huff, Leyva, Mendoza, Monning, Pan, Vidak
SENATE APPROPRIATIONS COMMITTEE: 6-1, 5/27/16
AYES: Lara, Bates, Beall, Hill, McGuire, Mendoza
NO: Nielsen
DIGEST: This bill authorizes the governing board of a school district to grant parental leave to a student who is a parent, and provides that such absences generate average daily attendance if the school district files an expectant and parenting student policy with the California Department of Education.
Existing federal law, under Title IX:
- Prohibits discrimination on the basis of sex, including pregnancy and parental status, in educational programs and activities.
- Requires schools to allow pregnant or parenting students to continue participating in classes and extracurricular activities, allow students to choose whether to attend special programs or classes for pregnant students, excuse absences due to pregnancy or childbirth for as long as the student’s doctor says is necessary, allow students to return to the same academic and extracurricular status as before giving birth, and give students the opportunity to make up any missed assignments. (United States Code, Title 20, § 1681, et seq.)
Existing federal regulations:
- Prohibit a recipient of federal financial aid, including a local educational agency, from discriminating against any student, or exclude any student from its education program or activity, on the basis of the student’s pregnancy, childbirth, false pregnancy, termination of pregnancy, or recovery therefrom.
- Require a recipient of federal financial aid to treat pregnancy, childbirth, false pregnancy, termination of pregnancy, and recovery therefrom in the same manner and under the same polices as any other temporary disability.
- Requires a recipient of federal financial aid to treat pregnancy, childbirth, false pregnancy, termination of pregnancy, and recovery therefrom as a justification for a leave of absence for so long a period of time as is deemed medically necessary by the student’s physician, at the conclusion of which the student must be reinstated to the status which she held when the leave began. (Code of Federation Regulations, Title 34, § 106.40)
Existing state law:
- Provides that state aid to school districts for general purposes (revenue limit funding) is driven by the average daily attendance (ADA) of the school district. ADA is generated by students actually attending classes "under the immediate supervision" of a properly credentialed teacher. (Education Code § 46300, et seq.)
- Provides that excused absences shall not generate state apportionment payment, but does allow the student to make up any missed classroom assignments or tests during the absence. (EC § 48205)
- Establishes that the absence of a student is to be excused when the absence is:
- Due to his or her illness, or quarantine under the direction of a county or city health officer.
- For the purpose of having medical, dental, optometric, or chiropractic services rendered.
- For the purpose of attending the funeral services, as specified.
- For the purpose of attending jury duty.
- Due to the illness or medical appointment of a child of whom the student is the custodial parent.
- For justifiable personal reasons, including an appearance in court, observation of a religious holiday or ceremony, or attendance at an employment or educational conference, as specified.
- For the purpose of serving as a member of a precinct board for an election pursuant to Elections Code Section 12302.
- For the purpose of spending time with an immediate family member who is an active duty member of the military, as specified. (EC § 48205)
- Defines “temporary disability” as a physical, mental, or emotional disability and after which the student can reasonably be expected to return to the student’s classes or education program without special intervention. (EC § 48206.3)
- Provides for home and hospital instruction for a student with a temporary disability who is in a hospital or other residential health facility or the student’s home. (EC § 48208)
Existing state regulations:
- Prohibit an educational institution from excluding or denying any student from any educational program or activity solely on the basis of the student’s pregnancy, childbirth, false pregnancy, termination of pregnancy, or recovery therefrom.
- Require educational institutions to treat pregnancy, childbirth, false pregnancy, termination of pregnancy, and recovery therefrom in the same manner and under the same policies as any other temporary disabling condition. (California Code of Regulations, Title 5, § 4950)
This bill:
- Authorizes the governing board of a school district to allow a parenting student who gives or expects to give birth up to six weeks of parental leave.
- Authorizes the governing board of a school district to allow a parenting student who did not give birth (such as the father of a baby) up to three weeks of parental leave after the birth.
- Requires the length of leave to be determined by the student and prohibits the leave from exceeding the length of time allowed by this bill.
- Provides that absences due to parental leave are not deemed absences in computing ADA, thereby allowing absences due to parental leave to generate ADA. This bill provides that absences due to parental leave are to count toward calculating ADA only if the governing board of the school district of attendance files an expectant and parenting student policy with the California Department of Education (CDE), including procedures for ensuring students are provided with schoolwork while on parental leave.
- Provides that, for purposes of computing ADA, each clock hour related to the instruction of students on parental leave count as one day of attendance.
- Requires an expectant and parenting student policy to require a student to submit a parental leave request form, similar or the same as request forms used to request temporary disability time off, to the student’s school before the end of the pregnant student’s second trimester. This bill requires a school to process a request within five business days and provide makeup work plan development process guidelines to a student in conjunction with the positive determination of parental leave.
- Deems as an excused absence, which does not generate ADA, up to four absences per school year to care for a sick child, for which the school shall not require a note from a doctor.
- Modifies the existing definition of “temporary disability” to include pregnancy, childbirth, false pregnancy, termination of pregnancy, and recovery therefrom.
- Requires a school district to provide a student with a temporary disability in a qualifying hospital as a result of pregnancy with guidelines for makeup work plan development if the option for individualized instruction is not available at the student’s school or school district.
- Requires a school district to notify pregnant and parenting students of their rights and options available pursuant to Title IX and existing state law through annual school year welcome packets, through independent study packets, on the school district’s website, in lactation rooms, and in locker rooms.
- States legislative findings and declarations relative to educational challenges faced by pregnant and parenting students.
Comments
Existing leave options for pregnant or parenting students. Existing state and federal regulations require educational institutions to treat pregnancy, childbirth, false pregnancy, termination of pregnancy, and recovery therefrom in the same manner and under the same policies as any other temporary disabling condition. Existing law requires that a student with a temporary disability that makes attendance impossible or inadvisable receive individual instruction provided by the school district in which the student is deemed to reside. Individual instruction for students with a temporary disability is included in the computation of ADA.
This bill modifies the definition of “temporary disability” to specifically include pregnancy, childbirth, false pregnancy, termination of pregnancy, and recovery therefrom. The modified definition is consistent with existing state regulations.
Existing law provides for home and hospital instruction for a student with a temporary disability who is in a hospital or other residential health facility or the student’s home. The student’s school district is required to determine whether the student will be able to receive individualized instruction.
This bill requires a school district to provide a student with a temporary disability as a result of pregnancy and who is on home and hospital instruction with guidelines for makeup work plan development if the option for individualized instruction is not available at the student’s school or school district.
What new options are created for students? This bill creates additional options for pregnant and parenting student to be home from school to recover and bond with a new baby. First, it creates the ability for fathers to be eligible for parental leave. Second, while federal law requires the student’s physician to determine the length of leave medically necessary, this bill does not require that the length of the leave be subject to a determination of medical necessity by a physician.
Net effect. Existing law authorizes a student with a temporary disability to receive individual instruction and provides that each clock hour of this teaching time counts as one day of attendance. In addition to the new options created for student parents, this bill requires a school to ensure a student on parental leave is provided with school work and authorizes a school district to generate ADA for the duration of the student’s parental leave (each clock hour related to instruction counts as one day of attendance, consistent with existing provisions for students with a temporary disability).
California School Age Families Education. This program, known as Cal-SAFE, was developed for the purpose of providing targeted supportive services related to school success. Participation by a school district or county office of education in the Cal-SAFE program is voluntary. CDE no longer administers this program, nor does the State provide categorical funding. School districts and county offices of education may operate a Cal-SAFE program using funds pursuant to the Local Control Funding Formula. It is not clear how many school districts or county offices of education provide support services through the Cal-SAFE program.
FISCAL EFFECT: Appropriation: Fiscal Com.: Local:
According to the Senate Appropriations Committee:
- ADA funding: To the extent school districts file an expectant and parenting student policy, students choose to take leave, and are absent up to the length provided in this bill, state costs would be in the mid tens of millions related to including these absences in their ADA calculation. Actual costs would likely be less by an unknown amount as school districts would only generate ADA funding for the days that schools devote at least one hour related to the instruction each student on parental leave. (Proposition 98)
- Mandate costs: This bill’s requirements to expand the existing annual parent notification mandate and disseminate information as specified, could drive state costs of about one million. To the extent the Commission on State Mandates determines these activities to be reimbursable, it could create pressure to increase the K-12 mandate block grant. (Proposition 98)
- Administrative costs: CDE indicates unknown costs attributed to providing guidance to local educational agencies related to attendance accounting for students that go on parental leave and other programmatic and legal guidance. (General Fund)
California Latinas for Reproductive Justice
Family Violence Law Center
Girls Incorporated of Alameda County
Having Our Say
National Center for Youth Law
San Francisco Women’s Political Committee
OPPOSITION: (Verified 5/27/16)
None received
6/1/16 18:41:38
**** END ****
SENATE COMMITTEE ON
Senator Ricardo Lara, Chair
2015 - 2016 Regular Session
SB 1014 (Liu) - Pupil rights: pregnant and parenting pupils
Version: | Policy Vote: |
Urgency: | Mandate: |
Hearing Date: | Consultant: |
Bill Summary:
This bill authorizes a school district to grant parental leave to a student, and provides that such absences generate average daily attendance (ADA) funding if the school district files an expectant and parenting student policy with the California Department of Education (CDE).
*********** ANALYSIS ADDENDUM – SUSPENSE FILE ***********
The following information is revised to reflect amendments
adopted by the committee on May 27, 2016
Fiscal Impact:
- ADA funding: To the extent school districts file an expectant and parenting student policy, students choose to take leave, and are absent up to the length provided in this bill, state costs would be in the mid tens of millions related to including these absences in their ADA calculation. Actual costs would likely be less by an unknown amount as school districts would only generate ADA funding for the days that schools devote at least one hour related to the instruction each student on parental leave. (Proposition 98)
- Mandate costs: The bill’s requirements to expand the existing annual parent notification mandate and disseminate information as specified, could drive state costs of about one million. To the extent the Commission on State Mandates (COSM) determines these activities to be reimbursable, it could create pressure to increase the K-12 mandate block grant. (Proposition 98)
- Administrative costs: The CDE indicates unknown costs attributed to providing guidance to local educational agencies related to attendance accounting for students that go on parental leave and other programmatic and legal guidance. (General Fund)
Author Amendments:
Reduce allowable leave time for student giving, or expecting to give, birth to six weeks and for parenting pupils not giving birth, three weeks. Remove the requirement to notify pregnant and parenting students of their rights and options, as specified, in school libraries.
Committee Amendments:
Only allow school districts to generate average daily attendance funding for a student on parental leave for the days that at least one hour is spent related to the instruction of that student.
-- END --
SENATE COMMITTEE ON
Senator Ricardo Lara, Chair
2015 - 2016 Regular Session
SB 1014 (Liu) - Pupil rights: pregnant and parenting pupils
Version: | Policy Vote: |
Urgency: | Mandate: |
Hearing Date: | Consultant: |
This bill meets the criteria for referral to the Suspense File.
Bill Summary:
This bill authorizes a school district to grant parental leave to a student, and provides that such absences generate average daily attendance (ADA) funding if the school district files an expectant and parenting student policy with the California Department of Education (CDE).
Fiscal Impact:
- ADA funding: To the extent school districts file an expectant and parenting student policy, students choose to take leave, and are absent up to the length provided in this bill, state costs in the mid tens of millions could be incurred related to school districts including these absences in their ADA calculation. (Proposition 98)
- Mandate costs: The bill’s requirements to expand the existing annual parent notification mandate and disseminate information as specified, could drive state costs of about one million. To the extent the Commission on State Mandates (COSM) determines these activities to be reimbursable, it could create pressure to increase the K-12 mandate block grant. (Proposition 98)
- Administrative costs: The CDE indicates unknown costs attributed to providing guidance to local educational agencies (LEAs) related to attendance accounting for students that go on parental leave and other programmatic and legal guidance. (General Fund)
Background:
State aid to school districts for general purposes is driven by the ADA of students in a school district. ADA is generated by students actually attending classes under the immediate supervision of a properly credentialed teacher. (Education Code § 46300, et seq.)
Existing law prohibits excused absences from generating state aid derived by ADA but does allow the student to make up any missed assignments or tests during the absence. Excused absences include those due to the illness or medical appointment of a student’s child. (Education Code § 48205)
Existing federal law, known as Title IX, among other things, excuses absences due to pregnancy or childbirth for as long as the student’s doctor says is necessary, and gives students the opportunity to make up any missed assignments. (United States Code, Title 20, § 1681, et seq.)
Existing state law requires that a student with a temporary disability which makes school attendance impossible or inadvisable, receive individual instruction provided by the school district. This is instruction provided to an individual student in his or her home, in a hospital, or other residential health facility and each hour of teaching time counts as one day of attendance. Statute defines temporary disability as a physical, mental, or emotional disability after which the student can reasonably be expected to return to the student’s classes or education program without special intervention. (ECS 48206.3)
State and federal regulations require educational institutions (for federal regulations, LEAs that receive federal financial aid) to treat pregnancy, childbirth, false pregnancy, termination of pregnancy, and recovery therefrom in the same manner and under the same policies as any other temporary disabling condition. (California Code of Regulations, Title 5 § 4950 and Code of Federal Regulations, Title 34, § 106.40)
Proposed Law:
This bill:
- Authorizes a school district to allow a student who gives birth, or expects to give birth, as well as a parenting student who did not give birth, parental leave. The length of time taken would be determined by the student but it cannot exceed six weeks for births without complications or eight weeks for Caesarian section births. For a parenting student who did not give birth, parental leave cannot exceed four weeks. Absences due to parental leave would count towards a school district’s ADA calculation as long as the governing board of the school district files an expectant and parenting student policy with the CDE. These policies must require a student to submit a parental leave request form to the school and the school to provide makeup work plan development process guidelines to a student and approve the parental leave.
- Requires school districts to notify pregnant and parenting students of their rights and options through a number of ways: annual school year welcome packets required by existing law; independent study packets; school district websites; lactation rooms; locker rooms; and school libraries. Specifically, these rights and options include those available through federal Title IX, the reasonable accommodations provided to a lactating student, individual instruction provided to those with temporary disabilities, and the parental leave option proposed by this bill.
- Specifically provides that up to four absences per year to care for a sick child of a student, are deemed excused absences (and do not generate ADA funding).
- Modifies the definition of “temporary disability” to include pregnancy, childbirth, false pregnancy, termination of pregnancy, and recovery therefrom. It also requires that if providing individualized instruction to a student with a temporary disability as a result of pregnancy is not available, the student is to be provided guidelines for makeup work plan development.
Related Legislation:
SB 1375 (Jackson) requires, among other things, public and private schools that receive federal funding to post on their website specified information relating to federal Title IX. SB 1375 is pending in this committee.
SB 946 (Leyva) allows a school district to generate state apportionment funding for a student’s absence who is serving as a member of a precinct board for an election. SB 946 is scheduled to be heard by this committee on April 11, 2016.
Staff Comments:
The largest cost imposed by this bill is allowing school districts to claim ADA funding for students when they are on parental leave. According to the California Department of Public Health, in 2013 there were about 30,000 births in California to females ages 15 to 19. Assuming 19 year old students are no longer attending high school, one can estimate about 20,000 births to females between ages 15 to 18.
Costs for parental leave would ultimately depend upon: (1) if a school district files an expectant and parenting student policy; (2) whether a student decides to take leave; and (3) if so, for how long. Assuming a rate of $50 generated per ADA (the grade nine through 12 base rate at full implementation of the state’s recently enacted funding formula, divided by 180 school days in a year), six to eight weeks of parental leave for females would drive statewide costs of between $30 million to $40 million, assuming all leave occurs during the school year. Making the same assumptions for parental leave for those that did not give birth, costs would be about $20 million for four weeks. Costs would increase to the extent the student on leave is classified as an English learner, low-income student, or foster youth, as they generate additional funding in the state’s funding formula.
The second significant cost driver of this bill is the state-mandated activities. This bill requires school districts to notify pregnant and parenting students of certain rights and options through a number of ways. This requirement likely expands the existing consolidated annual parent notification mandate which, before the K-12 mandate block grant, averaged costs of about $9 million per year. Based on the formula for calculating claimable costs developed by the COSM, this bill could result in about $400,000 to print the additional, possibly three pages, to be included in the annual parent notification.
This bill also requires school districts to disseminate this information on the school district’s website, in lactation rooms, in locker rooms, and in school libraries. It is unclear if a notice is required to be in every lactation room, locker room, and school library in the school district. However, assuming this requirement takes each school district two hours to create and make the notice available on their websites and for each school in the state one hour to make them available in each location on campus, at a rate of $50 per hour including benefits, statewide costs would be about $600,000.
This bill modifies the definition of “temporary disability” to include pregnancy, childbirth, false pregnancy, termination of pregnancy, and recovery therefrom. Existing law requires a student who is on temporary disability to receive individual instruction. State and federal regulations require pregnancy, childbirth, false pregnancy, termination of pregnancy, and recovery therefrom to be treated in the same manner as a temporary disability. Therefore the changes made in this bill related to the temporary disability definition do not appear to add significant duties to school districts. However, it does require them to provide guidelines for makeup work if individualized instruction is not available for those with a temporary disability due to a pregnancy.
-- END --
SENATE COMMITTEE ON EDUCATION
Senator Carol Liu, Chair
2015 - 2016 Regular
Bill No: SB 1014
Author: | |||
Version: | February 11, 2016 Hearing Date: March 16, 2016 | ||
Urgency: | No | Fiscal: | Yes |
Consultant: | Lynn Lorber | ||
Subject: Pupil rights: pregnant and parenting pupils
SUMMARY
This bill authorizes a school to grant parental leave to a student who is a parent, and provides that such absences generate average daily attendance if the school district files an expectant and parenting student policy with the California Department of Education.
BACKGROUND
State aid to school districts for general purposes (revenue limit funding) is driven by the average daily attendance (ADA) of the school district. Average daily attendance is generated by students actually attending classes "under the immediate supervision" of a properly credentialed teacher. (Education Code § 46300, et seq.)
Existing law:
- Provides that excused absences shall not generate state apportionment payment, but does allow the student to make up any missed classroom assignments or tests during the absence. (EC § 48205)
- Establishes that the absence of a student is to be excused when the absence is:
- Due to his or her illness, or quarantine under the direction of a county or city health officer.
- For the purpose of having medical, dental, optometric, or chiropractic services rendered.
- For the purpose of attending the funeral services, as specified.
- For the purpose of attending jury duty.
- Due to the illness or medical appointment of a child of whom the student is the custodial parent.
- For justifiable personal reasons, including an appearance in court, observation of a religious holiday or ceremony, or attendance at an employment or educational conference, as specified.
- For the purpose of serving as a member of a precinct board for an election pursuant to Elections Code Section 12302.
- For the purpose of spending time with an immediate family member who is an active duty member of the military, as specified. (EC § 48205)
- Defines “temporary disability” as a physical, mental, or emotional disability and after which the student can reasonably be expected to return to the student’s classes or education program without special intervention. (EC § 48206.3)
- Provides for home and hospital instruction for a student with a temporary disability who is in a hospital or other residential health facility or the student’s home. (EC § 48208)
Existing state regulations prohibit an educational institution from excluding or denying any student from any educational program or activity solely on the basis of the student’s pregnancy, childbirth, false pregnancy, termination of pregnancy, or recovery therefrom. State regulations require educational institutions to treat pregnancy, childbirth, false pregnancy, termination of pregnancy, and recovery therefrom in the same manner and under the same policies as any other temporary disabling condition.
(California Code of Regulations, Title 5, § 4950)
Existing federal law, known as Title IX, prohibits discrimination on the basis of sex, including pregnancy and parental status, in educational programs and activities. Title IX requires schools to allow pregnant or parenting students to continue participating in classes and extracurricular activities, allow students to choose whether to attend special programs or classes for pregnant students, excuse absences due to pregnancy or childbirth for as long as the student’s doctor says is necessary, allow students to return to the same academic and extracurricular status as before giving birth, and give students the opportunity to make up any missed assignments.
(United States Code, Title 20, § 1681, et seq.)
Existing federal regulations:
- Prohibit a recipient of federal financial aid, including a local educational agency, from discriminating against any student, or exclude any student from its education program or activity, on the basis of the student’s pregnancy, childbirth, false pregnancy, termination of pregnancy, or recovery therefrom.
- Require a recipient of federal financial aid to treat pregnancy, childbirth, false pregnancy, termination of pregnancy, and recovery therefrom in the same manner and under the same polices as any other temporary disability.
- Requires a recipient of federal financial aid to treat pregnancy, childbirth, false pregnancy, termination of pregnancy, and recovery therefrom as a justification for a leave of absence for so long a period of time as is deemed medically necessary by the student’s physician, at the conclusion of which the student must be reinstated to the status which she held when the leave began.
(Code of Federation Regulations, Title 34, § 106.40)
ANALYSIS
This bill authorizes a school to grant parental leave to a student who is a parent, and provides that such absences generate average daily attendance if the school district files an expectant and parenting student policy to the California Department of Education. Specifically, this bill:
- Authorizes a school to allow a parenting student who gives birth up to six weeks of parental leave for births without complications or eight weeks of parental leave for Caesarian section births.
- Authorizes a school to allow a parenting student who did not give birth (such as the father of a baby) up to four weeks of parental leave after the birth.
- Provides that absences due to parental leave are not deemed absences in computing average daily attendance (ADA), thereby allowing absences due to parental leave to generate ADA. This bill provides that absences due to parental leave are to count toward calculating ADA only if the governing board of the school district of attendance files an expectant and parenting student policy with the California Department of Education, including procedures for ensuring students are provided with schoolwork while on parental leave.
- Requires an expectant and parenting student policy to require a student to submit a parental leave request form, similar or the same as request forms used to request temporary disability time off, to the student’s school before the end of the pregnant student’s second trimester. This bill requires a school to process a request within five business days and provide makeup work plan development process guidelines to a student in conjunction with the positive determination of parental leave.
- Deems as an excused absence, which does not generate ADA, up to four absences per school year to care for a sick child, for which the school shall not require a note from a doctor.
- Modifies the existing definition of “temporary disability” to include pregnancy, childbirth, false pregnancy, termination of pregnancy, and recovery therefrom.
- Requires the notification of the presence of a student with a temporary disability in a qualifying hospital as a result of pregnancy to be provided to the school district before the end of the student’s second trimester.
- Requires a school district to provide a student with a temporary disability in a qualifying hospital as a result of pregnancy with guidelines for makeup work plan development if the option for individualized instruction is not available at the student’s school or school district.
- Requires a school district to notify pregnant and parenting students of their rights and options through annual school year welcome packets, through independent study packets, online, in lactation rooms, in locker rooms, and in libraries.
- States legislative findings and declarations relative to educational challenges faced by pregnant and parenting students.
STAFF COMMENTS
- Need for the bill. According to the author, “In 2012, about 35,000 children were born to 15 to 19 year olds in California. A report from the African American Policy Forum notes that pregnancy is the number one reason for girls and especially girls of color to drop out of school. Statistics show that only 38% of young moms who have a child before they are 18 graduate from high school, 19% get a GED, and only 2% go to college before age 30. Policies that help to keep pregnant and parenting students in school will help to improve economic and health outcomes for these young families.
- Existing leave options for pregnant or parenting students. Existing state and federal regulations require educational institutions to treat pregnancy, childbirth, false pregnancy, termination of pregnancy, and recovery therefrom in the same manner and under the same policies as any other temporary disabling condition. Existing law requires that a student with a temporary disability that makes attendance impossible or inadvisable receive individual instruction provided by the school district in which the student is deemed to reside. Individual instruction for students with a temporary disability is included in the computation of average daily attendance (ADA).
This bill modifies the definition of “temporary disability” to specifically include pregnancy, childbirth, false pregnancy, termination of pregnancy, and recovery therefrom. The modified definition is consistent with existing state regulations.
Existing law provides for home and hospital instruction for a student with a temporary disability who is in a hospital or other residential health facility or the student’s home. The student’s school district is required to determine whether the student will be able to receive individualized instruction.
This bill requires a school district to provide a student with a temporary disability as a result of pregnancy and who is on home and hospital instruction with guidelines for makeup work plan development if the option for individualized instruction is not available at the student’s school or school district. - What new options are created for students? This bill creates additional options for pregnant and parenting student to be home from school to recover and bond with a new baby. First, it creates the ability for fathers to be eligible for parental leave. Second, while federal law requires the student’s physician to determine the length of leave medically necessary, this bill would not require that the length of the leave be subject to a determination of medical necessity by a physician.
- Net effect. Existing law authorizes a student with a temporary disability to receive individual instruction and provides that each clock hour of this teaching time counts as one day of attendance. In addition to the new options created for student parents, this bill requires a school to ensure a student on parental leave is provided with school work and authorizes a school district to generate average daily attendance (ADA) for the duration of the student’s parental leave. This bill does not, however, require the school to provide direct instruction or to provide oversight of instructional activities in order to generate the ADA. The committee may wish to consider:
- Should the school or district be expected to provide any instruction or support to students who are on parental leave in order to generate ADA?
- Does allowing schools to claim ADA funding without requiring direct instruction provide sufficient incentive for schools to better serve parenting students while the student is on leave?
- Should students be required to complete any classwork provided while on leave in order for the school district to claim ADA?
- Should medical documentation be required to support a student’s request for parental leave?
- Should fathers be required to provide a birth certificate proving their parental status?
- Should the school or district be expected to provide any instruction or support to students who are on parental leave in order to generate ADA?
- How much time for parental leave? This bill authorizes a school to allow a parenting student who gives birth up to six weeks of parental leave for births without complications or eight weeks of parental leave for Caesarian section births. This bill authorizes a school to allow a parenting student who did not give birth (the father) up to four weeks of parental leave after the birth. Paid Family Leave, administered by the Employment Development Department, provides up to six weeks of benefits within a 12 month period for eligible employees.
This bill is silent with regard to who will determine the length of parental leave. Staff recommends an amendment to clarify that the student is to determine the length of leave, up to the length of time authorized pursuant to this bill. - Notice of rights. Title IX requires schools to provide non-discrimination notification in specified school publications. Existing state law requires the California Department of Education (CDE) to post Title IX information on its website. Existing law authorizes the CDE to use a list of rights that are based on Title IX to meet notification requirements.
This bill requires a school district to notify pregnant and parenting students of their rights and options through annual school year welcome packets, independent study packets, online, in lactation rooms, in locker rooms, and in libraries. Staff recommends amendments as follows:- Clarify that the rights are those pursuant to Title IX, the requirement that schools provide reasonable accommodations to a lactating student pursuant to Education Code section 222, temporary disability pursuant to Section 48206.3, and the parental leave option proposed by this bill.
- Clarify that the “annual school year welcome packets” are the currently-required annual notifications to parents regarding rights and responsibilities pursuant to Education Code section 48980.
- Clarify that “online” means the school district’s website.
- Clarify that the notice is to be posted in school libraries.
- Require the notification to also be provided as part of the makeup work plan development process guidelines pursuant to this bill.
- Clarify that the rights are those pursuant to Title IX, the requirement that schools provide reasonable accommodations to a lactating student pursuant to Education Code section 222, temporary disability pursuant to Section 48206.3, and the parental leave option proposed by this bill.
- Home and Hospital Instruction. The Home and Hospital Instruction Program provides instruction to a student with a temporary disability in the student’s home or in a hospital or other residential health facility. This bill requires the notification of the presence of a student with a temporary disability in a qualifying hospital as a result of pregnancy to be provided to the school district before the end of the student’s second trimester. It is unclear why it is necessary, and if it is feasible, for a student who is in need of home or hospital instruction to provide notification to the school district prior to the end of the student’s second trimester. Therefore, staff recommends an amendment to strike this provision (on page 7, lines 13-15).
- California School Age Families Education. This program, known as Cal-SAFE, was developed for the purpose of providing targeted supportive services related to school success. Participation by a school district or county office of education in the Cal-SAFE program is voluntary. The California Department of Education no longer administers this program, nor does the State provide categorical funding. School districts and county offices of education may operate a Cal-SAFE program using funds pursuant to the Local Control Funding Formula. It is not clear how many school districts or county offices of education provide support services through the Cal-SAFE program.
- How many students? According to information provided by the author, in 2012, about 35,000 children were born to 15 to 19 year olds in California, and in 2013, there were 8,840 births to mothers age 17 and younger.
- Technical amendments. Staff recommends technical amendments as follows:
- Authorize the governing board of a school district, rather than authorize a school, to allow parental leave.
- Clarify that a student who gives birth, or expects to give birth, may be allowed parental leave.
- Authorize the governing board of a school district, rather than authorize a school, to allow parental leave.
- Fiscal impact. This bill imposes unknown but likely significant costs. Actual costs are dependent upon how many school districts choose to file an expectant and parenting student policy, how many students choose to seek parental leave, and how long students are on parental leave.
- Related legislation. SB 1375 (Jackson) requires public schools and private schools that receive federal funding to post on their website specified information relative to the designated Title IX coordinator, rights of students and responsibilities of the school, and information about how to file a complaint.
SB 1375 is pending in this Committee.
SB 946 (Leyva) deems a student who is serving as a member of a precinct board for an election to be participating in independent study for purposes of calculating average daily attendance, and thus allows the school district to generate state apportionment payments for the student’s absence. SB 946 is scheduled to be heard by this Committee on March 16, 2016.
SUPPORT
ACT for Women and Girls
American Academy of Pediatrics
American Civil Liberties Union
Black Women for Wellness
Brighter Beginnings
California Immigrant Policy Center
California Latinas for Reproductive Justice
Center on Reproductive Rights and Justice, UC Berkeley School of Law
Coleman Advocates for Children and Youth
Forward Together
Fresno Barrios Unidos
Girls Incorporated of Alameda County
Hands Together – A Center for Children
National Center for Youth Law
National Compadres Network
National Council of Jewish Women - California
Nevada County Citizens for Choice
Physicians for Reproductive Health
Planned Parenthood Action Fund of the Pacific Southwest
San Francisco Women’s Political Committee
Teen Success, Inc.
URGE: Unite for Reproductive & Gender Equity
Wise Entertainment
Women’s Foundation of California, Women’s Policy Institute
OPPOSITION
None received.
-- END --
Discussed in Hearing
18MIN
Assembly Standing Committee on Transportation
23MIN
Assembly Standing Committee on Communications and Conveyance
9MIN
Assembly Standing Committee on Education
3MIN
Senate Floor
14MIN
Senate Standing Committee on Education
Bill Author
Bill Co-Author(s):