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

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

This bill would require the California Community Colleges and the California State University, and encourage a satellite campus of these systems and the University of California, to provide reasonable accommodations to a lactating student on their respective campuses to express breast milk, breast-feed an infant child, or address other needs related to breast-feeding, as specified. The bill would require the respective educational institution to provide a sink, in addition to the accommodations described above, upon the construction of a new campus of the California Community Colleges or the California State University, the replacement, expansion, or renovation of an existing building regularly used by students, or the construction of a new building designed for use by students, as specified. This bill would not require an existing room designated for the specified purposes to contain a sink. The bill would also require that a lactating student on a college or university campus be given a reasonable amount of time to accommodate the need to express breast milk or breast-feed an infant child, and that the accommodation be available whenever a student is required to be on campus. The bill would prohibit students from incurring an academic penalty as a result of their use of these reasonable accommodations. The bill would authorize a complaint of noncompliance with the requirements of the bill to be filed in accordance with specified procedures, and, if the complaint is found to have merit, would require the respective campus or appellate body to provide a remedy to the affected student. This bill would require that these accommodations be implemented no later than January 1, 2020, and urge the University of California to implement the bill provisions by this date. By imposing additional duties on community college districts, this bill would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

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

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

This bill would require the California Community Colleges and the California State University, and encourage a satellite campus of these systems and the University of California, to provide reasonable accommodations to a lactating student on their respective campuses to express breast milk, breast-feed an infant child, or address other needs related to breast-feeding, as specified. The bill would require the respective educational institution to provide a sink, in addition to the accommodations described above, upon the construction of a new campus of the California Community Colleges or the California State University, the replacement, expansion, or renovation of an existing building regularly used by students, or the construction of a new building designed for use by students, as specified. This bill would not require an existing room designated for the specified purposes to contain a sink. The bill would also require that a lactating student on a college or university campus be given a reasonable amount of time to accommodate the need to express breast milk or breast-feed an infant child, and that the accommodation be available whenever a student is required to be on campus. The bill would prohibit students from incurring an academic penalty as a result of their use of these reasonable accommodations. The bill would authorize a complaint of noncompliance with the requirements of the bill to be filed in accordance with specified procedures, and, if the complaint is found to have merit, would require the respective campus or appellate body to provide a remedy to the affected student. This bill would require that these accommodations be implemented no later than January 1, 2020, and urge the University of California to implement the bill provisions by this date. By imposing additional duties on community college districts, this bill would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

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

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

This bill would require the California Community Colleges and the California State University, and encourage a satellite campus of these systems and the University of California, to provide reasonable accommodations to a lactating student on their respective campuses to express breast milk, breast-feed an infant child, or address other needs related to breast-feeding, as specified. The bill would require the respective educational institution to provide a sink, in addition to the accommodations described above, upon the construction of a new campus of the California Community Colleges or the California State University, or the replacement, expansion, or renovation of an existing building, building regularly used by students, or the construction of a new building designed for use by students, as specified. This bill would not require an existing room designated for the specified purposes to contain a sink. The bill would also require that a lactating student on a college or university campus be given a reasonable amount of time to accommodate the need to express breast milk or breast-feed an infant child, and that the accommodation be available whenever a student is required to be on campus. The bill would prohibit students from incurring an academic penalty as a result of their use of these reasonable accommodations. The bill would authorize a complaint of noncompliance with the requirements of the bill to be filed in accordance with specified procedures, and, if the complaint is found to have merit, would require the respective campus or appellate body to provide a remedy to the affected student. This bill would require that these accommodations be implemented no later than January 1, 2020, and urge the University of California to implement the bill provisions by this date. By imposing additional duties on community college districts, this bill would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

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

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

This bill would require the California Community Colleges and the California State University, and encourage a satellite campus of these systems and the University of California, to provide reasonable accommodations to a lactating student on their respective campuses to express breast milk, breast-feed an infant child, or address other needs related to breast-feeding, as specified. The bill would, upon the construction of a new campus of the California Community Colleges or the California State University, or the replacement, expansion, or renovation including plumbing of an existing building regularly used by the student body, would require the respective educational institution to provide a sink in the new construction, replacement, expansion, or renovation, as specified, sink, in addition to the accommodations described above, except upon the construction of a new campus of the California Community Colleges or the California State University, or the replacement, expansion, or renovation of an existing building, as specified. This bill would not require an existing room designated for the specified purposes to contain a sink. The bill would also require that a lactating student on a college or university campus be given a reasonable amount of time to accommodate the need to express breast milk or breast-feed an infant child, and that the accommodation be available whenever a student is required to be on campus. The bill would prohibit students from incurring an academic penalty as a result of their use of these reasonable accommodations. The bill would authorize a complaint of noncompliance with the requirements of the bill to be filed in accordance with specified procedures, and, if the complaint is found to have merit, would require the respective campus or appellate body to provide a remedy to the affected student. This bill would require that these accommodations be implemented no later than January 1, 2020, and urge the University of California to implement the bill provisions by this date. By imposing additional duties on community college districts, this bill would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

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

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

This bill would require the California Community Colleges and the California State University, and encourage a satellite campus of these systems, systems and the University of California, to provide reasonable accommodations to a lactating student on their respective campuses to express breast milk, breast-feed an infant child, or address other needs related to breast-feeding. The bill would require that these reasonable accommodations include, but are not limited to, access to a private and secure room, other than a restroom, to express breast milk or breast-feed an infant child, permission to bring onto a school campus any equipment used to express breast milk, and access to a power source for that equipment. breast-feeding, as specified. The bill would, upon the construction of a new campus of the California Community Colleges or the California State University, or the replacement, expansion, or renovation including plumbing of an existing building regularly used by the student body, require the respective educational institution to provide a sink, sink in the new construction, replacement, expansion, or renovation, as specified, in addition to the accommodations described above. above, except as specified. This bill would not require an existing room designated for the specified purposes to contain a sink. The bill would also require that a lactating student on a college or university campus be given a reasonable amount of time to accommodate the need to express breast milk or breast-feed an infant child, and that the accommodation be available whenever a student is required to be on campus. The bill would prohibit students from incurring an academic penalty as a result of their use of these reasonable accommodations. The bill would authorize a complaint of noncompliance with the requirements of the bill to be filed in accordance with specified procedures, and, if the complaint is found to have merit, would require the respective campus or appellate body to provide a remedy to the affected student. This bill would require that these accommodations be implemented no later than January 1, 2020. 2020, and urge the University of California to implement the bill provisions by this date. By imposing additional duties on community college districts, this bill would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

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

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

This bill would require the California Community Colleges and the California State University University, and encourage a satellite campus of these systems, to provide reasonable accommodations to a lactating student on their respective campuses to express breast milk, breast-feed an infant child, or address other needs related to breast-feeding. The bill would require that these reasonable accommodations include, but are not limited to, access to a private and secure room, other than a restroom, to express breast milk or breast-feed an infant child, permission to bring onto a school campus any equipment used to express breast milk, and access to a power source for that equipment. The bill would, upon the construction of a new campus of the California Community Colleges or the California State University, or the replacement, expansion, or renovation of an existing campus, building regularly used by the student body, require the respective educational institution to provide a sink, in addition to the accommodations described above, in any room or other location designated to comply with these provisions. above. The bill would also require that a lactating student on a college or university campus be given a reasonable amount of time to accommodate the need to express breast milk or breast-feed an infant child. child, and that the accommodation be available whenever a student is required to be on campus. The bill would prohibit students from incurring an academic penalty as a result of their use of these reasonable accommodations. The bill would authorize a complaint of noncompliance with the requirements of the bill to be filed in accordance with specified procedures, and, if the complaint is found to have merit, would require the respective campus or appellate body to provide a remedy to the affected student. This bill would require that these accommodations be implemented no later than January 1, 2020. By imposing additional duties on community college districts, this bill would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

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

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

This bill would require the California Community Colleges and the California State University to provide reasonable accommodations to a lactating student on their respective campuses to express breast milk, breast-feed an infant child, or address other needs related to breast-feeding. The bill would require that these reasonable accommodations include, but are not limited to, access to a private and secure room, other than a restroom, to express breast milk or breast-feed an infant child, permission to bring onto a school campus any equipment used to express breast milk, and access to a power source for that equipment. The bill would, upon the construction of a new campus of the California Community Colleges or the California State University, or the replacement, expansion, or renovation of an existing campus, require the respective educational institution to provide a sink, in addition to the accommodations described above, in any room or other location designated to comply with these provisions. The bill would also require that a lactating student on a college or university campus be given a reasonable amount of time to accommodate the need to express breast milk or breast-feed an infant child. The bill would prohibit students from incurring an academic penalty as a result of their use of these reasonable accommodations. The bill would authorize a complaint of noncompliance with the requirements of the bill to be filed with the Office of the Chancellor of the California Community Colleges and the California State University, as applicable, in accordance with specified procedures, and, if the complaint is found to have merit, would require the respective chancellor campus or appellate body to provide a remedy to the affected student. By imposing additional duties on community college districts, this bill would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

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

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

This bill would require the California Community Colleges and the California State University to provide reasonable accommodations to a lactating student on its their respective campuses to express breast milk, breast-feed an infant child, or address other needs related to breast-feeding. The bill would require that these reasonable accommodations include, but are not limited to, access to a private and secure room, other than a restroom, to express breast milk or breast-feed an infant child, permission to bring onto a school campus any equipment used to express breast milk, and access to a power source for that equipment. The bill would, upon the construction of a new campus of the California Community Colleges or the California State University, or the replacement, expansion, or renovation of an existing campus, require the respective educational institution to provide a sink, in addition to the accommodations described above, in any room or other location designated to comply with these provisions. The bill would also require that a lactating student on a college or university campus be given a reasonable amount of time to accommodate the need to express breast milk or breast-feed an infant child. The bill would prohibit a student students from incurring an academic penalty as a result of her their use of these reasonable accommodations. The bill would authorize a complaint of noncompliance with the requirements of the bill to be filed with the Office of the Chancellor of the California Community Colleges and the California State University, as applicable, in accordance with specified procedures. procedures, and, if the complaint is found to have merit, would require the respective chancellor to provide a remedy to the affected student. By imposing additional duties on community college districts, this bill would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

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

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

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

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

CONCURRENCE IN SENATE AMENDMENTS

CSA1 Bill Id:AB 2785

Author:(Rubio)

As Amended Ver:August 17, 2018

Majority vote

Original Committee Reference: HIGHER ED.

SUMMARY: Requires the California Community Colleges (CCC) and the California State University (CSU), and encourages a satellite campus of CCC or CSU, and the University of California (UC, to provide reasonable accommodations on their respective campuses for a lactating student to express breast milk, breast-feed an infant child, or address other needs related to breast-feeding. Specifically, this bill:

1. Specifies that reasonable accommodations include, but are not limited to, all of the following
   1. Access to a private and secure room, other than a restroom, to express breast milk or breast-feed an infant child. The room would be required to have a comfortable place to sit and have a table or shelf to place a breast pump or any other equipment used to express breast milk.
   2. Permission to bring onto a college or university campus a breast pump and any other equipment used to express breast milk.
   3. Access to a power source for a breast pump or any other equipment used to express breast milk.
2. Authorizes a campus of the CCC or CSU to use an existing facility satisfy the requirement in 1), above.
3. Specifies that students shall not incur an academic penalty as a result of their use of the reasonable accommodations specified in this bill, and shall be provided the opportunity to make up any work missed due to such use.
4. Requires the respective educational institution, upon the construction of a new campus of the CCCs or the CSU; the replacement, expansion, or renovation costing five million dollars or more involving plumbing of an existing building regularly used by students, including a student center; or the construction of a new building costing $5 million or more designed for use by students, to provide a sink in addition to the reasonable accommodations described above, in a room in the newly constructed campus or building, or in a room in the replaced, expanded, or renovated building.
5. Specifies that the requirement in 4), above, only applies to an educational institution if the room on the education institution's campus currently designated for a lactating student to express breast milk or breast-feed an infant child does not have a sink.
6. Specifies that nothing in the provisions above requires an existing room designated for a lactating student to express breast milk or breast-feed an infant child to have a sink.
7. Requires the lactation accommodations to be available to a student whenever a student is required to be present on campus.
8. Authorizes a complaint of noncompliance with the requirements above to be filed consistent with specified provisions of California Code of Regulations relating to Nondiscrimination in programs receiving state financial assistance through the Chancellor or Board of Governors of the CCCs. If the complaint is found to have merit, the campus or appropriate appellate body is required to provide a remedy to the affected student.
9. Authorizes a complaint of noncompliance with the requirements above to be filed consistent with the procedures established by the CSU for complaints by students of discrimination based on disability, gender, or other applicable characteristics, and a student shall be afforded any remedies the student is entitled to pursuant to those procedures.
10. Specifies that none of these provisions infringe on any right to breast-feed in public.
11. Requires these provisions to be implemented by the CCCs and the CSU, and urges the UC to implement these requirements, by January 1, 2020.

The Senate amendments clarified the complaint process used for issues arising on a CSU campus, and added language making the provisions of this bill applies only in cases where the construction, replacement, expansion, or renovation project costs five million dollars or more.

FISCAL EFFECT: According to the Senate Appropriations Committee, this bill could create a new reimbursable mandate for community colleges to provide the required accommodations for breastfeeding students. The bill allows for broad interpretation of accommodation requirements which could result in a wide range of activities determined to be reimbursable under state mandate law, potentially in the hundreds of thousands to low millions of dollars in Proposition 98 General Fund. As an example, the cost for a sink installation could be anywhere from $10,000 to $25,000, potentially more.

Senate Appropriations noted that there could be additional General Fund costs to the CSU in the hundreds of thousands of dollars for the bill's requirement to installation a new sink in specified building projects. There would also be one-time General Fund costs, likely in the thousands of dollars, for the CSU and community colleges to develop an application for complaints and to document compliance and process the claims. The related activities for the community colleges could be determined by the Commission on State Mandates to be reimbursable by the state.

COMMENTS: Need for the bill. According to the author, "A parent needs to be able to nurse or pump milk every 2-3 hours to establish and maintain a healthy milk flow for their child. For students who choose to nurse or pump milk for their children, [CCC] and [CSU] campuses fail to provide consistent and adequate lactation accommodations across all campuses. As a result, several students lack access to a clean, private, secure space on campus to nurse or pump. This can leave a student with equally unsatisfactory options -- to nurse or pump in spaces that potentially jeopardize their safety and comfort, to stop lactation before they would otherwise choose to, or to quit attending classes altogether."

The author further notes that, "California Labor Code requires that lactating school staff be provided with lactation accommodations and California Education Code requires that accommodations be provided students in K-12 public schools. However, this code does not extend to students in [CCC] or on CSU campuses."

Existing rights for employees and students. Both state and federal law require employers to provide reasonable accommodations to lactating employees, including break time and the provision of private space (other than a restroom stall) in which to express breast milk or breast-feed. Existing law prohibits discriminatory practices in employment or housing accommodations on the basis of sex, and defines "sex" to include breast-feeding or medical conditions related to breast-feeding. Title IX prohibits discrimination on the basis of sex in all aspects of education, but does not explicitly reference breast-feeding.

This bill generally mirrors state and federal requirements that employees be provided reasonable accommodation to express breast milk or breast-feed. AB 302 (Garcia), Chapter 690, Statutes of 2015, required that accommodations be provided students in K-12 public schools, yet that same explicit provision does not exist currently for students in the CCC or CSU.

The CSU has indicated to committee staff that their campuses make lactation facilities available to students as well as faculty and staff. The CCC Chancellor's Office has indicated that there is currently no system-wide policy explicitly authorizing students to use the same lactation facilities as faculty and staff.

Complaint process. The CSU and CCC both have explicit processes of complaint and appeal for cases of discrimination. This bill explicitly authorizes students to file complaints of noncompliance, and requires the Chancellor's Office of a respective system to provide an appropriate accommodation.

Prior legislation. SB 937 (Weiner) of the current legislative session, requires a lactation room or location to include prescribed features and would require an employer to provide access to a sink and refrigerator in close proximity to the employee's work space. SB 937 also places specified requirements upon an employer. This legislation is currently pending on the Assembly Floor.

AB 302 (Garcia), Chapter 690, Statutes of 2015, requires that schools provide reasonable accommodations to breastfeeding students on school campuses.

Analysis Prepared by: Kevin J. Powers / HIGHER ED. / (916) 319-3960 FN: 0004588

 THIRD READING  

Bill No: AB 2785

Author:

Amended: 8/17/18 in Senate

Vote:

SENATE EDUCATION COMMITTEE: 7-0, 6/27/18

AYES: Allen, Wilk, Galgiani, Leyva, McGuire, Pan, Vidak

SENATE APPROPRIATIONS COMMITTEE: 7-0, 8/16/18

AYES: Portantino, Bates, Beall, Bradford, Hill, Nielsen, Wiener

ASSEMBLY FLOOR: 77-1, 5/31/18 - See last page for vote

SUBJECT:

SOURCE: Author

DIGEST:

This bill requires the California Community Colleges (CCC) and the California State University (CSU), and encourages a satellite campus of CCC or CSU, and the University of California (UC), to provide reasonable accommodations on their respective campuses for a lactating student to express breast milk, breast-feed an infant child, or address other needs related to breast-feeding.

ANALYSIS:

Existing law:

1. Requires every employer, including the state and any political subdivision, to provide a reasonable amount of break time to accommodate an employee desiring to express breast milk for the employee’s infant child. The break time must, if possible, run concurrently with any break time already provided to the employee. Break time for an employee that does not run concurrently with the rest time authorized for the employee is to be unpaid. (Labor Code § 1030)
2. Requires employers to make reasonable efforts to provide the employee with the use of a room or other location, other than a toilet stall, in close proximity to the employee’s work area, for the employee to express milk in private. The room or location may include the place where the employee normally works if it otherwise meets the requirements of this section. (LC § 1031)
3. Prohibits discriminatory practices in employment or housing accommodations on the basis of sex, and defines “sex” to include breast-feeding or medical conditions related to breast-feeding. (Government Code § 12926)
4. Requires a school operated by a school district or a county office of education, the California School for the Deaf, the California School for the Blind, and a charter school to provide reasonable accommodations to a lactating pupil on a school campus to express breast milk, breast-feed an infant child, or address other needs related to breast-feeding. (Education Code § 222)
5. Defines “harassment and other discrimination on the basis of sex” to include specified practices such as the exclusion of any person from any program or activity or employment because of pregnancy or related conditions. (EC § Section 230)
6. Requires, through regulation, local educational agencies to adopt uniform complaint procedures through which the public can register complaints regarding educational programs and rights. (California Code of Regulations, Title 5, § 4600, et seq.)

This bill requires the CCC and the CSU, and encourages a satellite campus of CCC or CSU, and the UC, to provide reasonable accommodations on their respective campuses for a lactating student to express breast milk, breast-feed an infant child, or address other needs related to breast-feeding. Specifically, this bill:

1. Specifies that reasonable accommodations include, but are not limited to, all of the following:
   1. Access to a private and secure room, other than a restroom, to express breast milk or breast-feed an infant child. The room would be required to have a comfortable place to sit and have a table or shelf to place a breast pump or any other equipment used to express breast milk.
   2. Permission to bring onto a college or university campus a breast pump and any other equipment used to express breast milk.
   3. Access to a power source for a breast pump or any other equipment used to express breast milk.
2. Authorizes a campus of the CCC or CSU to use an existing facility satisfy the requirement in 1) above.
3. Specifies that students shall not incur an academic penalty as a result of their use of the reasonable accommodations specified in this bill, and shall be provided the opportunity to make up any work missed due to such use.
4. Requires the respective educational institution, upon the construction of a new campus of the CCCs or the CSU; the replacement, expansion, or renovation costing five million dollars or more involving plumbing of an existing building regularly used by students, including a student center; or the construction of a new building costing $5 million or more designed for use by students, to provide a sink in addition to the reasonable accommodations described above, in a room in the newly constructed campus or building, or in a room in the replaced, expanded, or renovated building.
5. Specifies that the requirement in 4) only applies to an educational institution if the room on the education institution’s campus currently designated for a lactating student to express breast milk or breast-feed an infant child does not have a sink.
6. Specifies that nothing in the provisions above requires an existing room designated for a lactating student to express breast milk or breast-feed an infant child to have a sink.
7. Requires the lactation accommodations to be available to a student whenever a student is required to be present on campus.
8. Authorizes a complaint of noncompliance with the requirements above to be filed consistent with specified provisions of California Code of Regulations relating to Nondiscrimination in programs receiving state financial assistance through the Chancellor or Board of Governors of the CCCs. If the complaint is found to have merit, the campus or appropriate appellate body is required to provide a remedy to the affected student.
9. Authorizes a complaint of noncompliance with the requirements above to be filed consistent with the procedures established by the CSU for complaints by students of discrimination based on disability, gender, or other applicable characteristics, and a student shall be afforded any remedies the student is entitled to pursuant to those procedures.
10. Specifies that none of these provisions infringe on any right to breast-feed in public.
11. Requires these provisions to be implemented by the CCCs and the CSU, and urges the UC to implement these requirements, by January 1, 2020.

Comments

1. Need for the bill. According to the author, “A parent needs to be able to nurse or pump milk every 2-3 hours to establish and maintain a healthy milk flow for their child. For students who choose to nurse or pump milk for their children, CCC and CSU campuses fail to provide consistent and adequate lactation accommodations across all campuses to nurse or pump. This can leave a student with equally unsatisfactory options – to nurse or pump in spaces that potentially jeopardize their safety and comfort, to stop lactation before they would otherwise choose to, or to quit attending classes altogether.

“Several state and federal laws prohibit sex discrimination and include a prohibition on discrimination against a student based on pregnancy, childbirth, false pregnancy, termination of pregnancy, or recovery from any of these conditions, including Title IX, California Education Code, California Sex Equity in Education Act, and the Unruh Civil Rights Act. Furthermore, pregnancy and childbirth recovery related conditions must be provided with the same support services available to other students with similar medical needs.

“California Labor Code § 1031 requires that lactating school staff be provided with lactation accommodation and California Education Code § 690 requires that accommodations be provided to students in K-12 public schools. However, this code section does not extend to students in CCC or on CSU campuses.”

1. Importance of breastfeeding. The American Academy of Pediatrics, in its policy statements on breastfeeding and the use of human milk, states: “Breastfeeding and human milk are the normative standards for infant feeding and nutrition. Given the documented short- and long-term medical and neurodevelopmental advantages of breastfeeding, infant nutrition should be considered a public health issue and not only a lifestyle choice. The American Academy of Pediatrics reaffirms its recommendation of exclusive breastfeeding for about 6 months, followed by continued breastfeeding as complementary foods are introduced, with continuation of breastfeeding for 1 year or longer as mutually desired by mother and infant. Medical contraindications to breastfeeding are rare. Infant growth should be monitored with the World Health Organization (WHO) Growth Curve Standards to avoid mislabeling infants as underweight or failing to thrive. Hospital routines to encourage and support the initiation and sustaining of exclusive breastfeeding should be based on the American Academy of Pediatrics-endorsed WHO/UNICEF ‘Ten Steps to Successful Breastfeeding.’ National strategies supported by the US Surgeon General’s Call to Action, the Centers for Disease Control and Prevention, and The Joint Commission are involved to facilitate breastfeeding practices in US hospitals and communities. Pediatricians play a critical role in their practices and communities as advocates of breastfeeding and thus should be knowledgeable about the health risks of not breastfeeding, the economic benefits to society of breastfeeding, and the techniques for managing and supporting the breastfeeding dyad. The “Business Case for Breastfeeding” details how mothers can maintain lactation in the workplace and the benefits to employers who facilitate this practice.”
2. Existing rights for employees and students. Both state and federal law require employers to provide reasonable accommodations to lactating employees, including break time and the provision of private space (other than a restroom stall) in which to express breast milk or breast-feed. Existing law prohibits discriminatory practices in employment or housing accommodations on the basis of sex, and defines “sex” to include breast-feeding or medical conditions related to breast-feeding. Title IX prohibits discrimination on the basis of sex in all aspects of education, but does not explicitly reference breast-feeding.

This bill generally mirrors state and federal requirements that employees be provided reasonable accommodation to express breast milk or breast-feed. AB 302 (Garcia, 2015) required that accommodations be provided students in K-12 public schools, yet that same explicit provision does not exist currently for students in the CCC or the CSU.

FISCAL EFFECT: Appropriation: Fiscal Com.: Local:

According to the Senate Appropriations Committee:

• This bill could create a new reimbursable mandate for community colleges to provide the required accommodations for breastfeeding students. This bill allows for broad interpretation of accommodation requirements which could result in a wide range of activities determined to be reimbursable under state mandate law, potentially in the hundreds of thousands to low millions of dollars in Proposition 98 General Fund. As an example, the cost for a sink installation could be anywhere from $10,000 to $25,000, potentially more.

• There could be additional General Fund costs to the CSU in the hundreds of thousands of dollars for the bill’s requirement to installation a new sink in specified building projects.

• There would also be one-time General Fund costs, likely in the thousands of dollars, for the CSU and community colleges to develop an application for complaints and to document compliance and process the claims. The related activities for the community colleges could be determined by the Commission on State Mandates to be reimbursable by the state.

SUPPORT: (Verified 8/17/18)

American Association of University Women of California

American Civil Liberties Union of California

American College of Obstetricians and Gynecologists

BreastfeedLA: The Breastfeeding Task Force of Greater Los Angeles

California Federation of Teachers

California Teachers Association

California WIC Association

California Women’s Law Center

Children Now

County Health Executives Association of California

First 5 California

Health Officers Association of California

International Board of Lactation Consultant Examiner

Nursing Mothers Counsel, Inc.

Student Senate for California Community Colleges

The Women’s Foundation of California, Women’s Policy Institute

University of California Student Association

OPPOSITION: (Verified 8/17/18)

None received

ASSEMBLY FLOOR: 77-1, 5/31/18

AYES: Acosta, Aguiar-Curry, Travis Allen, Arambula, Baker, Berman, Bigelow, Bloom, Bonta, Brough, Burke, Caballero, Calderon, Carrillo, Cervantes, Chau, Chávez, Chen, Chiu, Choi, Chu, Cooley, Cooper, Cunningham, Dahle, Daly, Eggman, Flora, Fong, Frazier, Friedman, Gallagher, Cristina Garcia, Eduardo Garcia, Gipson, Gloria, Gonzalez Fletcher, Gray, Grayson, Holden, Irwin, Jones-Sawyer, Kalra, Kamlager-Dove, Kiley, Lackey, Levine, Limón, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin, Muratsuchi, Nazarian, Obernolte, O'Donnell, Patterson, Quirk, Quirk-Silva, Reyes, Rodriguez, Rubio, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Voepel, Waldron, Weber, Wood, Rendon

NOES: Harper

Prepared by:

8/20/18 9:15:30

**** END ****

SENATE COMMITTEE ON APPROPRIATIONS

Senator Anthony Portantino, Chair

2017 - 2018 Regular Session

AB 2785 (Rubio) - Student services: lactation accommodations

Bill Summary:

This bill requires the California Community Colleges (CCC) and the California State University (CSU), and encourages a satellite campus of CCC or CSU, and the University of California to, provide reasonable accommodations on their respective campuses for a lactating student to express breast milk, breast-feed an infant child, or address other needs related to breast-feeding.

*********** ANALYSIS ADDENDUM – SUSPENSE FILE ***********

The following information is revised to reflect amendments

adopted by the committee on August 16, 2018

Fiscal Impact:

• This bill could create a new reimbursable mandate for community colleges to provide the required accommodations for breastfeeding students. The bill allows for broad interpretation of accommodation requirements which could result in a wide range of activities determined to be reimbursable under state mandate law, potentially in the hundreds of thousands to low millions of dollars in Proposition 98 General Fund. As an example, the cost for a sink installation could be anywhere from $10,000 to $25,000, potentially more.

• There could be additional General Fund costs to the CSU in the hundreds of thousands of dollars for the bill’s requirement to installation a new sink in specified building projects.

• There would also be one-time General Fund costs, likely in the thousands of dollars, for the CSU and community colleges to develop an application for complaints and to document compliance and process the claims. The related activities for the community colleges could be determined by the Commission on State Mandates to be reimbursable by the state.

Author Amendments:

Provide that the bill’s requirements to have a sink would apply to the replacement, expansion, or renovation of construction projects costing five million dollars or more, as specified.

-- END --

SENATE COMMITTEE ON APPROPRIATIONS

Senator Anthony Portantino, Chair

2017 - 2018 Regular Session

AB 2785 (Rubio) - Student services: lactation accommodations

This bill meets the criteria for referral to the Suspense File.

Bill Summary:

This bill requires the California Community Colleges (CCC) and the California State University (CSU), and encourages a satellite campus of CCC or CSU, and the University of California to, provide reasonable accommodations on their respective campuses for a lactating student to express breast milk, breast-feed an infant child, or address other needs related to breast-feeding.

Fiscal Impact:

• This bill could create a new reimbursable mandate for community colleges to provide the required accommodations for breastfeeding students. The bill allows for broad interpretation of accommodation requirements which could result in a wide range of activities determined to be reimbursable under state mandate law, potentially in the low millions of dollars in Proposition 98 General Fund. As an example, the cost for a sink installation could be anywhere from $10,000 to $25,000, potentially more.

• The CSU estimates additional General Fund costs that would range from around $250,000 to up to $1.2 million, depending on what would trigger the requirement for the installation of a new sink in a building project.

• There would also be one-time General Fund costs, likely in the thousands of dollars, for the CSU and community colleges to develop an application for complaints and to document compliance and process the claims. The related activities for the community colleges could be determined by the Commission on State Mandates to be reimbursable by the state.

Background:

Both state and federal law require employers to provide reasonable accommodations to lactating employees, including break time and the provision of private space (other than a restroom stall) in which to express breast milk or breast-feed. Existing law prohibits discriminatory practices in employment or housing accommodations on the basis of sex, and defines “sex” to include breast-feeding or medical conditions related to breast-feeding. Title IX prohibits discrimination on the basis of sex in all aspects of education, but does not explicitly reference breast-feeding.

Federal regulations prohibit discrimination against any student, or exclusion of any student from its education program or activity, including any class or extracurricular activity, on the basis of such student's pregnancy, childbirth, false pregnancy, termination of pregnancy or recovery therefrom. Federal law also requires pregnant students and those recovering from childbirth-related conditions to be provided with the same accommodations and support services available to other students with temporary medical conditions. (Code of Federal Regulations, Title 34, §106.40)

Required by federal law, the UCP was established in 1991 as a means of creating a “uniform system of complaint processing” for educational programs. State regulations require the adoption of the UCP by school districts, county offices of education, charter schools receiving federal funds, and local public or private agencies which receive direct or indirect state funding to provide school programs or special education or related services.

Proposed Law:

This bill requires the CCCs and the CSU, and encourages a satellite campus of the CCCs or CSU and the UC, to provide reasonable accommodations on their respective campuses for a lactating student to express breast milk, breast-feed an infant child, or address other needs related to breast-feeding. The reasonable accommodations include, but are not limited to, all of the following:

1. Access to a private and secure room, other than a restroom, to express breast milk or breast-feed an infant child, as specified.
2. Permission to bring onto a college or university campus a breast pump and any other equipment used to express breast milk.
3. Access to a power source for a breast pump or any other equipment used to express breast milk.

This bill also authorizes a campus of the CCC or CSU to use an existing facility satisfy this requirement, and specifies that students shall not incur an academic penalty as a result of their use of the reasonable accommodations specified in this section and shall be provided the opportunity to make up any work missed due to such use.

This bill requires the respective educational institution, upon the construction of a new campus of the CCCs or the CSU; the replacement, expansion, or renovation involving plumbing of an existing building regularly used by the student body, including a student center; or the construction of a new building designed for use by students, to provide a sink in a room in the newly constructed campus or building, or in a room in the replaced, expanded, or renovated building.

This bill specifies that nothing requires an existing room designated for a lactating student to express breast milk or breast-feed an infant child to have a sink, and also requires the lactation accommodations to be available to a student whenever a student is required to be present on campus.

This bill authorizes a complaint of noncompliance with the requirements above to be filed consistent with specified procedures.

The bill’s provides that its requirements are to be implemented by by January 1, 2020.

Related Legislation:

SB 937 (Weiner) requires that all employers provide a space meeting certain specifications for employees with a desire to express breast milk in private, including the construction of lactation rooms in a tenant improvement project on the interior of a building that has at least 15,000 square feet of employee workspace if the project costs more than $1 million, with additional lactation rooms required based upon square footage and occupant loads in areas designated as employee workspace. SB 937 is pending in the Assembly Appropriations Committee.

AB 302 (Garcia, Chapter 690, Statutes of 2015) requires that schools provide reasonable accommodations to breastfeeding students on school campuses.

Staff Comments:

This bill requires community colleges and the CSU, and requests UC, to provide reasonable accommodations for students with needs related to breast-feeding. The segments would be required to provide access to a private and secure room for breast-feeding; allow students to bring necessary equipment to school; provide access to a power source for the necessary equipment; and for the construction of a new building or the replacement, expansion or renovation of an existing building to be used by students, the rooms would be required to have a sink. Each segment will likely comply with these requirements differently based on local needs and capacity. Additionally, the bill requires that the segments shall provide a sink in the room as part of a newly constructed building or a room in the replaced, expanded or renovated building. This provision may be interpreted differently by local campuses. Therefore the precise costs of the bill will vary across the state.

-- END --

SENATE COMMITTEE ON EDUCATION

Senator Benjamin Allen, Chair

2017 - 2018 Regular

Bill No: AB 2785 Hearing Date: June 27, 2018

Subject: Student services: lactation accommodations.

SUMMARY

This bill requires the California Community Colleges (CCC) and the California State University (CSU), and encourages a satellite campus of CCC or CSU, and the University of California to, provide reasonable accommodations on their respective campuses for a lactating student to express breast milk, breast-feed an infant child, or address other needs related to breast-feeding.

BACKGROUND

Existing law:

1) Requires every employer, including the state and any political subdivision, to provide a reasonable amount of break time to accommodate an employee desiring to express breast milk for the employee’s infant child. The break time must, if possible, run concurrently with any break time already provided to the employee. Break time for an employee that does not run concurrently with the rest time authorized for the employee is to be unpaid. (Labor Code § 1030)

2) Requires employers to make reasonable efforts to provide the employee with the use of a room or other location, other than a toilet stall, in close proximity to the employee’s work area, for the employee to express milk in private. The room or location may include the place where the employee normally works if it otherwise meets the requirements of this section. (LC § 1031)

3) Prohibits discriminatory practices in employment or housing accommodations on the basis of sex, and defines “sex” to include breast-feeding or medical conditions related to breast-feeding. (Government Code § 12926)

4) Require a school operated by a school district or a county office of education, the California School for the Deaf, the California School for the Blind, and a charter school to provide reasonable accommodations to a lactating pupil on a school campus to express breast milk, breast-feed an infant child, or address other needs related to breast-feeding. (Education Code § 222)

5) Defines “harassment and other discrimination on the basis of sex” to include specified practices such as the exclusion of any person from any program or activity or employment because of pregnancy or related conditions. (EC § Section 230)

6) Requires, through regulation, local educational agencies to adopt uniform complaint procedures through which the public can register complaints regarding educational programs and rights. (California Code of Regulations, Title 5, § 4600, et seq.)

ANALYSIS

This bill requires the California Community Colleges (CCC) and the California State University (CSU), and encourages a satellite campus of CCC or CSU, and the University of California to, provide reasonable accommodations on their respective campuses for a lactating student to express breast milk, breast-feed an infant child, or address other needs related to breast-feeding. Specifically, this bill:

1) Specifies that reasonable accommodations include, but are not limited to, all of the following:

a) Access to a private and secure room, other than a restroom, to express breast milk or breast-feed an infant child. The room would be required to have a comfortable place to sit and have a table or shelf to place a breast pump or any other equipment used to express breast milk.

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

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

2) Authorizes a campus of the CCC or CSU to use an existing facility satisfy the requirement in (1) above.

3) Specifies that students shall not incur an academic penalty as a result of their use of the reasonable accommodations specified in this section, and shall be provided the opportunity to make up any work missed due to such use.

4) Requires the respective educational institution, upon the construction of a new campus of the CCCs or the CSU; the replacement, expansion, or renovation involving plumbing of an existing building regularly used by the student body, including a student center; or the construction of a new building designed for use by students, to provide a sink in addition to the reasonable accommodations described above, in a room in the newly constructed campus or building, or in a room in the replaced, expanded, or renovated building.

5) Specifies that the requirement in (4) only applies to an educational institution if the room on the education institution’s campus currently designated for a lactating student to express breast milk or breast-feed an infant child does not have a sink.

6) Specifies that nothing in the provisions above requires an existing room designated for a lactating student to express breast milk or breast-feed an infant child to have a sink.

7) Requires the lactation accommodations to be available to a student whenever a student is required to be present on campus.

8) Authorizes a complaint of noncompliance with the requirements above to be filed consistent with specified provisions of California Code of Regulations relating to Nondiscrimination in programs receiving state financial assistance through the Chancellor or Board of Governors of the California Community Colleges (CCCs). If the complaint is found to have merit, the campus or appropriate appellate body is required to provide a remedy to the affected student.

9) Authorizes a complaint of noncompliance with the requirements above to be filed consistent with the procedures established pursuant to Executive Order No. 1097, dated October 5, 2016, or the appropriate successor document, issued by the Office of the Chancellor of the California State University (CSU). If the complaint is found to have merit, the campus, or upon appeal, the Office of the Chancellor of the CSU, is required to provide a remedy to the affected student.

10) Specifies that none of these provisions infringe on any right to breast-feed in public.

11) Requires these provisions to be implemented by the CCCs and the CSU, and urges the University of California to implement these requirements, by January 1, 2020.

STAFF COMMENTS

1. Need for the bill. According to the author, “A parent needs to be able to nurse or pump milk every 2-3 hours to establish and maintain a healthy milk flow for their child. For students who choose to nurse or pump milk for their children, California Community Colleges and California State University (CSU) campuses fail to provide consistent and adequate lactation accommodations across all campuses to nurse or pump. This can leave a student with equally unsatisfactory options – to nurse or pump in spaces that potentially jeopardize their safety and comfort, to stop lactation before they would otherwise choose to, or to quit attending classes altogether.

Several state and federal laws prohibit sex discrimination and include a prohibition on discrimination against a student based on pregnancy, childbirth, false pregnancy, termination of pregnancy, or recovery from any of these conditions, including Title IX, California Education Code, California Sex Equity in Education Act, and the Unruh Civil Rights Act. Furthermore, pregnancy and childbirth recovery related conditions must be provided with the same support services available to other students with similar medical needs.

California Labor Code § 1031 requires that lactating school staff be provided with lactation accommodation and California Education Code § 690 requires that accommodations be provided to students in K-12 public schools. However, this code section does not extend to students in California Community Colleges or on California State University campuses.”

2) Importance of breastfeeding. The American Academy of Pediatrics, in its policy statements on breastfeeding and the use of human milk, states: “Breastfeeding and human milk are the normative standards for infant feeding and nutrition. Given the documented short- and long-term medical and neurodevelopmental advantages of breastfeeding, infant nutrition should be considered a public health issue and not only a lifestyle choice. The American Academy of Pediatrics reaffirms its recommendation of exclusive breastfeeding for about 6 months, followed by continued breastfeeding as complementary foods are introduced, with continuation of breastfeeding for 1 year or longer as mutually desired by mother and infant. Medical contraindications to breastfeeding are rare. Infant growth should be monitored with the World Health Organization (WHO) Growth Curve Standards to avoid mislabeling infants as underweight or failing to thrive. Hospital routines to encourage and support the initiation and sustaining of exclusive breastfeeding should be based on the American Academy of Pediatrics-endorsed WHO/UNICEF “Ten Steps to Successful Breastfeeding.” National strategies supported by the US Surgeon General’s Call to Action, the Centers for Disease Control and Prevention, and The Joint Commission are involved to facilitate breastfeeding practices in US hospitals and communities. Pediatricians play a critical role in their practices and communities as advocates of breastfeeding and thus should be knowledgeable about the health risks of not breastfeeding, the economic benefits to society of breastfeeding, and the techniques for managing and supporting the breastfeeding dyad. The “Business Case for Breastfeeding” details how mothers can maintain lactation in the workplace and the benefits to employers who facilitate this practice.”

3) Existing rights for employees and students. Both state and federal law require employers to provide reasonable accommodations to lactating employees, including break time and the provision of private space (other than a restroom stall) in which to express breast milk or breast-feed. Existing law prohibits discriminatory practices in employment or housing accommodations on the basis of sex, and defines “sex” to include breast-feeding or medical conditions related to breast-feeding. Title IX prohibits discrimination on the basis of sex in all aspects of education, but does not explicitly reference breast-feeding.

This bill generally mirrors state and federal requirements that employees be provided reasonable accommodation to express breast milk or breast-feed. AB 302 (Garcia, 2015) required that accommodations be provided students in K-12 public schools, yet that same explicit provision does not exist currently for students in the California Community Colleges (CCC) or the California State University (CSU).

4) Author’s amendment for complaint process. The CSU and CCC both have explicit processes of complaint and appeal for cases of discrimination. This bill expressly authorizes students to file complaints of noncompliance, and requires the Chancellor’s Office of a respective system to provide an appropriate accommodation. However, in response to California State University’s (CSU) concerns regarding the specific reference in the bill, the author would like to amend the bill to more accurately reference the CSU’s complaint process. Staff recommends that the bill be amended to reflect the author’s intent, as shown below:

“(h)(2) (2) A complaint of noncompliance with the requirements of this section may be filed consistent with the procedures established pursuant to Executive Order No. 1097, dated October 5, 2016, or the appropriate successor document, issued by the Office of the Chancellor of the California State University. If the complaint is found to have merit, the campus, or upon appeal, the Office of the Chancellor of the California State University, shall provide a remedy to the affected student. by the California State University for complaints by students of discrimination based on disability, gender, or other applicable characteristics, and shall be afforded any remedies entitled to pursuant to those procedures.” 

5) New construction and renovations. This bill requires that campuses of the California State University (CSU) and the California Community College (CCC) install a sink into their lactation rooms or locations upon the construction of a new campus, the construction of a new building designed for use by students, or upon the replacement, expansion, or renovation involving plumbing of an existing building. As noted in the Assembly Higher Education Committee’s analysis, “the CSU and CCC raised concerns specifically with the broad nature of a “renovation,” given that even a small renovation project could trigger a mandated sink installation.” Committee staff recommended that the author continue working with stakeholders to identify clear and specific instances where a renovation would trigger the installation of a sink, and the bill was subsequently amended to add the “involving plumbing” qualification. However, staff is informed that the CSU and CCC retain concerns regarding potential costs of these provisions. Accordingly, the committee may wish to consider encouraging the author to continue to work with the stakeholders regarding this issue.

6) Related and previous legislation. SB 937 (Weiner) requires that all employers provide a space meeting certain specifications for employees with a desire to express breast milk in private, including the construction of lactation rooms in a tenant improvement project on the interior of a building that has at least 15,000 square feet of employee workspace if the project costs more than $1 million, with additional lactation rooms required based upon square footage and occupant loads in areas designated as employee workspace. SB 937 is scheduled to be heard by the Assembly Business and Professions Committee on June 26, 2018.

AB 302 (Garcia, Chapter 690, Statutes of 2015) requires that schools provide reasonable accommodations to breastfeeding students on school campuses.

SUPPORT

American Association of University Women of California

American Civil Liberties Union of California

American College of Obstetricians and Gynecologists

BreastfeedLA: The Breastfeeding Task Force of Greater Los Angeles

California Federation of Teachers

California Teachers Association

California WIC Association

California Women’s Law Center

Children Now

County Health Executives Association of California

First 5 California

Health Officers Association of California

International Board of Lactation Consultant Examiner (IBLCE)

Nursing Mothers Counsel, Inc.

Student Senate for California Community Colleges

The Women’s Foundation of California, Women’s Policy Institute

University of California Student Association

OPPOSITION

None received

-- END --

ASSEMBLY THIRD READING

ATR Bill Id:AB 2785

Author:(Rubio)

As Amended Ver:May 25, 2018

Majority vote

SUMMARY: Requires the California Community Colleges (CCC) and the California State University (CSU), and encourages the University of California (UC) to provide reasonable accommodations to a lactating student on their respective campuses. Specifically, this bill:

1. Requires the CCC and the CSU to provide reasonable accommodations to a lactating student on their respective campuses to express breast milk, breast-feed an infant child, or address other needs related to breast-feeding.
2. Requires that these reasonable accommodations include, but are not limited to, access to a private and secure room, other than a restroom, to express breast milk or breast-feed an infant child, permission to bring onto a school campus any equipment used to express breast milk, and access to a power source for that equipment.
3. Requires, upon the construction of a new campus of the CCC or the CSU, or the replacement, expansion, or renovation involving plumbing of an existing campus, that the respective educational institution to provide a sink, in addition to the accommodations described in (1) and (2) above, in any room or other location designated to comply with these provisions.
4. Requires that a lactating student on a college or university campus be given a reasonable amount of time to accommodate the need to express breast milk or breast-feed an infant child, and prohibits students from incurring an academic penalty as a result of their use of accommodations provided in this bill.
5. Authorizes that a complaint of noncompliance with the requirements of the bill to be filed with the Office of the Chancellor of the CCC and the CSU, as applicable, in accordance with procedures, and, if the complaint is found to have merit, would require the respective chancellor to provide a remedy to the affected student.

FISCAL EFFECT: According to the Assembly Appropriations Committee, one-time General Fund (GF) cost pressures, likely in the thousands of dollars, for the CSU to develop an application for complaints. There are likely ongoing annual GF cost pressures in the thousands to tens of thousands of dollars for each of the CSU's 23 campuses to document compliance and defend against claims. Potential one-time bond fund costs, likely in the low thousands of dollars per campus, to provide a sink in a room to be used for a lactating student.

One-time Proposition 98 GF costs, likely in the thousands of dollars, for CCC to develop an application for complaints. Ongoing Proposition 98 GF cost pressures, likely in the thousands to tens of thousands of dollars, for each of the CCC's 114 campuses to document compliance and defend against claims. These costs would be reimbursable, were the Commission on State Mandates to determine them to be reimbursable state mandated activities. Potential one-time bond fund costs, likely in the low thousands of dollars per campus, to provide a sink in a room to be used for a lactating student.

COMMENTS: Need for the bill. According to the author, "A parent needs to be able to nurse or pump milk every 2-3 hours to establish and maintain a healthy milk flow for their child. For students who choose to nurse or pump milk for their children, [CCC] and [CSU] campuses fail to provide consistent and adequate lactation accommodations across all campuses. As a result, several students lack access to a clean, private, secure space on campus to nurse or pump. This can leave a student with equally unsatisfactory options -- to nurse or pump in spaces that potentially jeopardize their safety and comfort, to stop lactation before they would otherwise choose to, or to quit attending classes altogether."

The author further notes that, "California Labor Code requires that lactating school staff be provided with lactation accommodations and California Education Code requires that accommodations be provided students in K-12 public schools. However, this code does not extend to students in [CCC] or on CSU campuses."

Existing rights for employees and students. Both state and federal law require employers to provide reasonable accommodations to lactating employees, including break time and the provision of private space (other than a restroom stall) in which to express breast milk or breast-feed. Existing law prohibits discriminatory practices in employment or housing accommodations on the basis of sex, and defines "sex" to include breast-feeding or medical conditions related to breast-feeding. Title IX prohibits discrimination on the basis of sex in all aspects of education, but does not explicitly reference breast-feeding.

This bill generally mirrors state and federal requirements that employees be provided reasonable accommodation to express breast milk or breast-feed. AB 302 (Garcia) Chapter 690, Statutes of 2015, required that accommodations be provided students in K-12 public schools, yet that same explicit provision does not exist currently for students in the CCC or CSU.

The CSU has indicated to committee staff that their campuses make lactation facilities available to students as well as faculty and staff. The CCC Chancellor's Office has indicated that there is currently no system-wide policy explicitly authorizing students to use the same lactation facilities as faculty and staff.

Complaint process. The CSU and CCC both have explicit processes of complaint and appeal for cases of discrimination. This bill explicitly authorizes students to file complaints of noncompliance, and requires the Chancellor's Office of a respective system to provide an appropriate accommodation.

Committee comments. Amendments taken in the Assembly Committee on Appropriations significantly narrow the instances where a renovation would inadvertently trigger construction pursuant to this bill.

Prior legislation. SB 937 (Weiner) of the current legislative session, requires a lactation room or location to include prescribed features and would require an employer to provide access to a sink and refrigerator in close proximity to the employee's work space. SB 937 also places specified requirements upon an employer. This legislation is scheduled for a healing on April 11th in Senate Labor and Industrial Relations.

AB 302 (Garcia), Chapter 690, Statutes of 2015, requires that schools provide reasonable accommodations to breastfeeding students on school campuses.

Analysis Prepared by: Kevin J. Powers / HIGHER ED. / (916) 319-3960 FN: 0003396

Date of Hearing: April 25, 2018

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Lorena Gonzalez Fletcher, Chair

ABPCA Bill Id:AB 2785

Author:(Rubio) – As Amended Ver:April 16, 2018

Urgency: No State Mandated Local Program: Yes Reimbursable: Yes

SUMMARY: This bill requires, by January 1, 2020, the campuses of the California Community Colleges (CCC) and the California State University (CSU) to provide accommodations to a lactating student to express milk or breast feed an infant. Specifically, this bill:

1. Requires each campus to provide a private and secure room, other than a restroom; grant permission to bring on campus any needed equipment; and provide access to a power source. It also requires any construction of a new campus or the replacement, expansion, or renovation of an existing building regularly used by the student body to provide a sink for the room.
2. Allows a student to file complaints of noncompliance with the CCC chancellor’s office or CSU chancellor’s office and requires a campus to provide a remedy for the student.

FISCAL EFFECT:

1. One-time General Fund (GF) cost pressures, likely in the thousands of dollars, for the CSU to develop an application for complaints. Ongoing annual GF cost pressures, likely in the thousands to tens of thousands of dollars, for each of the CSU’s 23 campuses to document compliance and defend against claims. Minor costs due to designated lactation rooms no longer being available for other activities. Potential one-time bond fund costs, likely in the low thousands of dollars per campus, to provide a sink in a room to be used for a lactating student. Costs would depend on the number of CSU campuses that replace, expand, or renovate a building that is regularly used by the student body, and could range from no costs to the hundreds of thousands of dollars in a given year. (CSU typically funds capital outlay projects with systemwide revenue bond funds.)
2. One-time Proposition 98 GF costs, likely in the thousands of dollars, for CCC to develop an application for complaints. Ongoing Proposition 98 GF cost pressures, likely in the thousands to tens of thousands of dollars, for each of the CCC’s 114 campuses to document compliance and defend against claims. These costs would be reimbursable, were the Commission on State Mandates to determine them to be reimbursable state mandated activities. Minor costs due to designated lactation rooms no longer being available for other activities. Potential one-time bond fund costs, likely in the low thousands of dollars per campus, to provide a sink in a room to be used for a lactating student. Costs would depend on the number of CCC campuses that replace, expand, or renovate a building that is regularly used by the student body, and could range from no costs to one million dollars in a given year. (CCC typically funds capital outlay projects with state and local bond funds.)

COMMENTS:

1. Purpose. According to the author, some campuses fail to provide consistent and adequate lactation accommodations, which can lead a student to stop lactation before they choose to or quit attending classes altogether.
2. Lactation Accommodations for Employees and Students. State and federal law require employers to provide reasonable accommodations to lactating employees, including break time and the provision of private space (other than a restroom stall).

Survey data indicate that at least 80% of CSU campuses have lactation rooms available to students and frequently makes employee lactation rooms available to students. The CCC chancellor’s office indicates there is no system-wide policy explicitly authorizing students to use the same lactation facilities as faculty and staff at its 114 campuses. However, survey data indicate that at least 20% of CCC campuses have lactation rooms available.

1. Complaint Process. The CSU and CCC both have processes of complaint and appeal for cases of discrimination. AB 2785 explicitly authorizes students to file complaints of noncompliance and requires the chancellor’s office of a respective system to provide an appropriate accommodation.
2. Prior Legislation. SB 937 (Weiner) requires a lactation room or location to include prescribed features and an employer to provide access to a sink and refrigerator in close proximity to the employee’s work space. SB 937 also places specified requirements upon an employer. This legislation is scheduled for a healing on April 11th in Senate Labor and Industrial Relations.

AB 302 (Garcia), Chapter 690, Statutes of 2015, requires schools provide reasonable accommodations to breastfeeding students on school campuses.

Analysis Prepared by: Natasha Collins / APPR. / (916) 319-2081

Date of Hearing: April 3, 2018

ASSEMBLY COMMITTEE ON HIGHER EDUCATION

Jose Medina, Chair

ABPCA Bill Id:AB 2785 (

Author:Rubio) – As Amended Ver:March 15, 2018

SUBJECT: Student services: lactation accommodations

SUMMARY: Requires the California Community Colleges (CCC) and the California State University (CSU) to provide reasonable accommodations to a lactating student on their respective campuses. Specifically, this bill:

1. Requires the CCC and the CSU to provide reasonable accommodations to a lactating student on their respective campuses to express breast milk, breast-feed an infant child, or address other needs related to breast-feeding.
2. Requires that these reasonable accommodations include, but are not limited to, access to a private and secure room, other than a restroom, to express breast milk or breast-feed an infant child, permission to bring onto a school campus any equipment used to express breast milk, and access to a power source for that equipment.
3. Requires, upon the construction of a new campus of the CCC or the CSU, or the replacement, expansion, or renovation of an existing campus, that the respective educational institution to provide a sink, in addition to the accommodations described in (1) and (2) above, in any room or other location designated to comply with these provisions.
4. Requires that a lactating student on a college or university campus be given a reasonable amount of time to accommodate the need to express breast milk or breast-feed an infant child, and prohibits students from incurring an academic penalty as a result of their use of accommodations provided in this bill.
5. Authorizes that a complaint of noncompliance with the requirements of the bill to be filed with the Office of the Chancellor of the CCC and the CSU, as applicable, in accordance with procedures, and, if the complaint is found to have merit, would require the respective chancellor to provide a remedy to the affected student.

EXISTING LAW:

Federal law:

1. The Patient Protection and Affordable Care Act amended the Fair Labor Standards Act to require employers to provide a reasonable break time and a place which is not a bathroom to express breast milk. (United States Code, Title 42, 18001, Section 4207, et seq.)
2. Prohibits discrimination against any student, or exclusion of any student from its education program or activity, including any class or extracurricular activity, on the basis of such student's pregnancy, childbirth, false pregnancy, termination of pregnancy or recovery therefrom. Federal law also requires pregnant students and those recovering from childbirth-related conditions to be provided with the same accommodations and support services available to other students with temporary medical conditions. (Code of Federal Regulations, Title 34, Section 106.40)

State law:

1. Requires every employer, including the state and any political subdivision, to provide a reasonable amount of break time to accommodate an employee desiring to express breast milk for the employee’s infant child. The break time must, if possible, run concurrently with any break time already provided to the employee. Break time for an employee that does not run concurrently with the rest time authorized for the employee is to be unpaid. (Labor Code Section 1030)
2. Requires employers to make reasonable efforts to provide the employee with the use of a room or other location, other than a toilet stall, in close proximity to the employee’s work area, for the employee to express milk in private. The room or location may include the place where the employee normally works if it otherwise meets the requirements of this section. (Labor Code Section 1031)
3. Prohibits discriminatory practices in employment or housing accommodations on the basis of sex, and defines “sex” to include breast-feeding or medical conditions related to breast-feeding. (Government Code Section 12926)
4. Require a school operated by a school district or a county office of education, the California School for the Deaf, the California School for the Blind, and a charter school to provide reasonable accommodations to a lactating pupil on a school campus to express breast milk, breast-feed an infant child, or address other needs related to breast-feeding. (Education Code Section 222)
5. Defines “harassment and other discrimination on the basis of sex” to include specified practices such as the exclusion of any person from any program or activity or employment because of pregnancy or related conditions. (Education Code Section 230)
6. Requires, through regulation, local educational agencies to adopt uniform complaint procedures through which the public can register complaints regarding educational programs and rights. (California Code of Regulations, Title 5, Section 4600, et seq.)

FISCAL EFFECT: Unknown. By imposing additional duties on community college districts, this bill would impose a state-mandated local program.

COMMENTS: Need for the bill. According to the author, “A parent needs to be able to nurse or pump milk every 2-3 hours to establish and maintain a healthy milk flow for their child. For students who choose to nurse or pump milk for their children, [CCC] and [CSU] campuses fail to provide consistent and adequate lactation accommodations across all campuses. As a result, several students lack access to a clean, private, secure space on campus to nurse or pump. This can leave a student with equally unsatisfactory options -- to nurse or pump in spaces that potentially jeopardize their safety and comfort, to stop lactation before they would otherwise choose to, or to quit attending classes altogether.”

The author further notes that, “California Labor Code requires that lactating school staff be provided with lactation accommodations and California Education Code requires that accommodations be provided students in K-12 public schools. However, this code does not extend to students in [CCC] or on CSU campuses.”

Existing rights for employees and students. Both state and federal law require employers to provide reasonable accommodations to lactating employees, including break time and the provision of private space (other than a restroom stall) in which to express breast milk or breast-feed. Existing law prohibits discriminatory practices in employment or housing accommodations on the basis of sex, and defines “sex” to include breast-feeding or medical conditions related to breast-feeding. Title IX prohibits discrimination on the basis of sex in all aspects of education, but does not explicitly reference breast-feeding.

This bill generally mirrors state and federal requirements that employees be provided reasonable accommodation to express breast milk or breast-feed. AB 302 (Garcia, 2015) required that accommodations be provided students in K-12 public schools, yet that same explicit provision does not exist currently for students in the CCC or CSU.

The CSU has indicated to committee staff that their campuses make lactation facilities available to students as well as faculty and staff. The CCC Chancellor’s Office has indicated that there is currently no system-wide policy explicitly authorizing students to use the same lactation facilities as faculty and staff.

Complaint process. The CSU and CCC both have explicit processes of complaint and appeal for cases of discrimination. AB 2785 explicitly authorizes students to file complaints of noncompliance, and requires the Chancellor’s Office of a respective system to provide an appropriate accommodation.

New construction and renovations. AB 2875 requires that campuses of the CSU and CCC install a sink into their lactation rooms or locations upon the construction of a new campus, or upon the replacement, expansion, or renovation of an existing campus. The CSU and CCC have raised concerns specifically with the broad nature of a “renovation,” given that even a small renovation project could trigger a mandated sink installation. While existing law does not require that a sink be included in lactation room accommodations for employees or for students in K-12 public schools, AB 1787 (Lowenthal) Chapter 634, Statutes of 2014, requires airports serving over one million enplanements yearly to install a sink in lactation locations upon construction of a new terminal or the replacement, expansion, or renovation of an existing terminal. AB 1787 also explicitly states that a “renovation of an existing terminal” means the repurposing of more than 25 percent of the space in the terminal.

Committee comments and amendments. As currently drafted, the sections outlining the process for a complaint of noncompliance could cause confusion, given that the Office of the CCC or CSU Chancellor is not usually the first body to receive or provide accommodation for a student. The author has agreed to technical amendments to have the complaint process language more closely reflect the complaint and appeals process used by the CSU and CCC. EC Sections 66271.9(f)(1-2) will be amended to read:

f) (1) A complaint of noncompliance with the requirements of this section may be filed with the Office of the Chancellor of the California Community Colleges consistent with Subchapter 5 (commencing with Section 59300) of Chapter 10 of Division 6 of Title 5 of the California Code of Regulations. If the compliant is found to have merit, the campus or appropriate body of appeal Office of the Chancellor of the California Community Colleges shall provide a remedy to the affected student.

(2) A complaint of noncompliance with the requirements of this section may be filed with the Office of the Chancellor of the California State University consistent with the procedures established pursuant to Executive Order No. 1097, dated October 5, 2016 or the appropriate successor document, issued by the Office of the Chancellor of the California State University. If the compliant is found to have merit, the campus or, upon appeal, the Office of the Chancellor of the California State University, shall provide a remedy to the affected student.

Additionally, as currently drafted, the University of California (UC) is not requested to implement the provisions of this bill. According to the Women’s Policy Institute, an informal survey of UC’s campuses found that existing campus policies meet or exceeded the standards of this legislation. Moving forward, the author may wish to consider requesting that UC implement the provisions of this legislation.

Committee staff additionally recommends that the author continue working with stakeholders to identify clear and specific instances where a renovation would trigger the installation of a sink.

Prior legislation. SB 937 (Weiner) requires a lactation room or location to include prescribed features and would require an employer to provide access to a sink and refrigerator in close proximity to the employee’s work space. SB 937 also places specified requirements upon an employer. This legislation is scheduled for a healing on April 11^th in Senate Labor and Industrial Relations.

AB 302 (Garcia), Chapter 690, Statutes of 2015, requires that schools provide reasonable accommodations to breastfeeding students on school campuses.

AB 1787 (Lowenthal), as described above.

REGISTERED SUPPORT / OPPOSITION:

Support

ACT for Women and Girls

American Academy of Pediatrics, California

American Association of University Women of California

American Civil Liberties Union of California Center for Advocacy and Policy

American College of Obstetricians and Gynecologists

California Breastfeeding Coalition

California Community Colleges Early Childhood Educators

California Latinas for Reproductive Justice

Children Now

County Health Executives Association of California

Faculty Association of California Community Colleges

First 5 Napa County

Greenlining Institute

Katy Tang, Member, San Francisco Board of Supervisors

Nursing Mothers Counsel, Inc.

Women's Foundation of California, Women's Policy Institute (Sponsor)

Two Individuals

Opposition

None on file.

Analysis Prepared by: Kevin J. Powers / HIGHER ED. / (916) 319-3960