Existing law establishes the Government Operations Agency, which consists of several state entities, including, but not limited to, the State Personnel Board, the Department of General Services, and the Office of Administrative Law.

This bill would establish in the Government Operations Agency the California Education Interagency Council, composed of specified state officers and one nongovernmental entity representative for purposes of evaluating and addressing the changing nature of work and the economy, integrating and aligning education and employment systems, maximizing funding impact, supporting adult skill development, aligning regional education and workforce needs, and serving as a forum for discussing the impacts of intersegmental and cross-sector policy issues, as specified. The bill would require the council, among other duties, to adopt strategic and workforce plans, report on the outcomes of its work and provide recommendations regarding intersegmental, cross-sector, and interagency initiatives and programs to the Governor and the Legislature, and, upon appropriation, establish a faculty and employer advisory committee, as specified. The bill would also establish the Office of the California Education Interagency Council in the Government Operations Agency as a neutral administrative body.

This bill would become operative only if Senate Bill 638 of the 202526 Regular Session is enacted.

Existing law establishes the Government Operations Agency, which consists of several state entities, including, but not limited to, the State Personnel Board, the Department of General Services, and the Office of Administrative Law.

This bill would establish in the Government Operations Agency the California Education Interagency Council, composed of specified state officers and one nongovernmental entity representative for purposes of evaluating and addressing the changing nature of work and the economy, integrating and aligning education and employment systems, maximizing funding impact, supporting adult skill development, aligning regional education and workforce needs, and serving as a forum for discussing the impacts of intersegmental and cross-sector policy issues, as specified. The bill would require the council, among other duties, to adopt strategic and workforce plans, report on the outcomes of its work and provide recommendations regarding intersegmental, cross-sector, and interagency initiatives and programs to the Governor and the Legislature, and, upon appropriation, establish a faculty and employer advisory committee, as specified. The bill would also establish the Office of the California Education Interagency Council in the Government Operations Agency as a neutral administrative body.

This bill would become operative only if Senate Bill 638 of the 202526 Regular Session is enacted.

The Donahoe Higher Education Act sets forth, among other things, the missions and functions of Californias public and independent segments of higher education and their respective institutions of higher education. Provisions of the act apply to the University of California only to the extent that the Regents of the University of California, by appropriate resolution, act to make a provision applicable.

A portion of the Donahoe Higher Education Act, known as the Equity in Higher Education Act, prohibits postsecondary educational institutions, including the faculty, staff, or other employees of these institutions, from requiring a graduate student to take a leave of absence or withdraw from the graduate program, or limiting the graduate students studies, solely due to pregnancy or pregnancy-related issues, and requires postsecondary educational institutions, including the faculty, staff, or other employees of these institutions, to reasonably accommodate pregnant graduate students, as specified, so that they may complete their graduate courses of study and research.

The Equity in Higher Education Act allows a graduate student to take a leave of absence because the graduate student who is pregnant or has recently given birth to: (1) take a leave of absence for a period consistent with the policies of the postsecondary educational institution, or a period of 12 additional months, whichever period is longer, and (2) have an extension of at least 12 months toward normative time to degree while in candidacy for a graduate degree, unless a longer extension is medically necessary, as specified, and specified. The act also allows a graduate student who is not the birth parent and who chooses to take a leave of absence because of the birth of the students child to: (1) take a leave of absence for a period consistent with the policies of the postsecondary educational institution, or a period of one month, whichever period is longer, and (2) have an extension of at least one month toward normative time to degree while in candidacy for a graduate degree, unless a longer period or extension is medically necessary to care for the students partner or their child, as specified. The act requires an enrolled graduate student in good academic standing who chooses to take a leave of absence because the student is pregnant or has recently given birth to be able to return to the students program in good academic standing following a leave period that is consistent with the policies of the postsecondary educational institution, or a period of up to one academic year, whichever period is longer, as specified, and requires an enrolled graduate student in good academic standing who is not the birth parent and who chooses to take a leave of absence because of the birth of the students child to be able to return to the students program in good academic standing following a leave period that is consistent with the policies of the postsecondary educational institution, or a period of up to one month, whichever period is longer, subject to the reasonable administrative requirements of the institution complaints, as specified.

This bill would explicitly prohibit a postsecondary educational institution from discriminating against a student based on the students current, potential, or past pregnancy or pregnancy-related conditions. The bill would extend to pregnant or recently pregnant undergraduate students the prohibitions and obligations placed by existing law on postsecondary educational institutions for pregnant or recently pregnant graduate students. The bill would require these institutions to: (1) require responsible employees, employees obligated to report pursuant to the institutions nondiscrimination policy, upon being directly informed of a by a student of the students pregnancy or pregnancy-related condition, conditions, to give the student the contact information of a coordinator designated by the institution, as specified, and information about what the coordinator coordinator, or their designee, can do to ensure the student has equal access to educational programs; programs, (2) require reasonable accommodations provided to a pregnant student or a recently pregnant student to be provided though the institutions coordinator, as provided, and (3) provide a pregnant student or recently pregnant student access to a private and secure room for lactation. The bill would authorize a student to voluntarily accept or reject an accommodation, and would require the institution to immediately implement an accommodation the student accepts. accepts as soon as practicable. The bill would require birth parent and nonbirth parent students, upon returning to their education program, to be reinstated to the academic status held before their voluntary leave of absence began. The bill would revise and recast the above-described rules related to extending the normative time to degree while in candidacy for an undergraduate or graduate degree by, among other things, requiring an extension to the extent that the extension does not constitute a fundamental alteration of the education program, as provided. For a birth parent or nonbirth parent graduate or undergraduate student, the bill would prohibit require an institution from reducing the students institution-based financial aid upon returning from the leave of absence. to inform the student how the leave of absence may affect the students financial aid, and, if applicable, visa status.

The Equity in Higher Education Act also requires each postsecondary educational institution to have a written policy for graduate students on pregnancy discrimination and procedures for addressing pregnancy discrimination. The act requires a copy of the policy to be made available to all faculty, staff, and employees in their required training.

This bill would require each postsecondary educational institution to revise its policy to include procedures for accessing reasonable accommodations for a pregnant student or a recently pregnant student. The bill would require the policy to be emailed to students, faculty, staff, and employees at the beginning of each academic year. The bill would also require each institution to prominently post the policy on its internet website and to provide the policy through its on-campus medical center, as specified.

By imposing new duties on community college districts, the bill would impose a state-mandated local program.

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

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

The Donahoe Higher Education Act sets forth, among other things, the missions and functions of Californias public and independent segments of higher education and their respective institutions of higher education. Provisions of the act apply to the University of California only to the extent that the Regents of the University of California, by appropriate resolution, act to make a provision applicable.

A portion of the Donahoe Higher Education Act, known as the Equity in Higher Education Act, prohibits postsecondary educational institutions, including the faculty, staff, or other employees of these institutions, from requiring a graduate student to take a leave of absence or withdraw from the graduate program, or limiting the graduate students studies, solely due to pregnancy or pregnancy-related issues, and requires postsecondary educational institutions, including the faculty, staff, or other employees of these institutions, to reasonably accommodate pregnant graduate students, as specified, so that they may complete their graduate courses of study and research.

The Equity in Higher Education Act allows a graduate student to take a leave of absence because the graduate student is pregnant or has recently given birth consistent with the policies of the postsecondary educational institution, or a period of 12 additional months, whichever period is longer, as specified, and allows a graduate student who is not the birth parent and who chooses to take a leave of absence because of the birth of the students child a period consistent with the policies of the postsecondary educational institution, or a period of one month, whichever period is longer, as specified. The act requires an enrolled graduate student in good academic standing who chooses to take a leave of absence because the student is pregnant or has recently given birth to be able to return to the students program in good academic standing following a leave period that is consistent with the policies of the postsecondary educational institution, or a period of up to one academic year, whichever period is longer, as specified, and requires an enrolled graduate student in good academic standing who is not the birth parent and who chooses to take a leave of absence because of the birth of the students child to be able to return to the students program in good academic standing following a leave period that is consistent with the policies of the postsecondary educational institution, or a period of up to one month, whichever period is longer, subject to the reasonable administrative requirements of the institution complaints, as specified.

This bill would explicitly prohibit a postsecondary educational institution from discriminating against a student based on the students current, potential, or past pregnancy or pregnancy-related conditions. The bill would extend to pregnant or recently pregnant undergraduate students the prohibitions and obligations placed by existing law on postsecondary educational institutions for pregnant or recently pregnant graduate students. The bill would require these institutions to: (1) require responsible employees, upon being informed of a students pregnancy or pregnancy-related condition, to give the student the institutions Title IX coordinators contact information of a coordinator designated by the institution, as specified, and information about what the Title IX coordinator can do to ensure the student has equal access to educational programs; (2) require reasonable accommodations provided to a pregnant student or a recently pregnant student to be provided though the institutions Title IX coordinator, and (3) provide a pregnant student or recently pregnant student access to a private and secure room for lactation. The bill would authorize a student to voluntarily accept or reject an accommodation, and would require the institution to immediately implement an accommodation the student accepts. The bill would require birth parent and nonbirth parent students, upon returning to their education program, to be reinstated to the academic status held before their voluntary leave of absence began. For a birth parent or nonbirth parent graduate or undergraduate student, the bill would prohibit an institution from reducing the students institution-based financial aid upon returning from the leave of absence.

The Equity in Higher Education Act also requires each postsecondary educational institution to have a written policy for graduate students on pregnancy discrimination and procedures for addressing pregnancy discrimination. The act requires a copy of the policy to be made available to all faculty, staff, and employees in their required training.

This bill would require each postsecondary educational institution to revise its policy to include procedures for accessing reasonable accommodations for a pregnant student or a recently pregnant student. The bill would require the policy to be emailed to students, faculty, staff, and employees at the beginning of each academic year. The bill would also require each institution to prominently post the policy on its internet website and to provide the policy through its on-campus medical center, as specified.

By imposing new duties on community college districts, the bill would impose a state-mandated local program.

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

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

The Donahoe Higher Education Act sets forth, among other things, the missions and functions of Californias public and independent segments of higher education and their respective institutions of higher education. Provisions of the act apply to the University of California only to the extent that the Regents of the University of California, by appropriate resolution, act to make a provision applicable.

A portion of the Donahoe Higher Education Act, known as the Equity in Higher Education Act, prohibits postsecondary educational institutions, including the faculty, staff, or other employees of these institutions, from requiring a graduate student to take a leave of absence or withdraw from the graduate program, or limiting the graduate students studies, solely due to pregnancy or pregnancy-related issues, and requires postsecondary educational institutions, including the faculty, staff, or other employees of these institutions, to reasonably accommodate pregnant graduate students, as specified, so that they may complete their graduate courses of study and research.

The Equity in Higher Education Act allows a graduate student to take a leave of absence because the graduate student is pregnant or has recently given birth consistent with the policies of the postsecondary educational institution, or a period of 12 additional months, whichever period is longer, as specified, and allows a graduate student who is not the birth parent and who chooses to take a leave of absence because of the birth of the students child a period consistent with the policies of the postsecondary educational institution, or a period of one month, whichever period is longer, as specified. The act requires an enrolled graduate student in good academic standing who chooses to take a leave of absence because the student is pregnant or has recently given birth to be able to return to the students program in good academic standing following a leave period that is consistent with the policies of the postsecondary educational institution, or a period of up to one academic year, whichever period is longer, as specified, and requires an enrolled graduate student in good academic standing who is not the birth parent and who chooses to take a leave of absence because of the birth of the students child to be able to return to the students program in good academic standing following a leave period that is consistent with the policies of the postsecondary educational institution, or a period of up to one month, whichever period is longer, subject to the reasonable administrative requirements of the institution complaints, as specified.

This bill would explicitly prohibit a postsecondary educational institution from discriminating against a student based on the students current, potential, or past pregnancy or pregnancy-related conditions. The bill would extend to pregnant or recently pregnant undergraduate students the prohibitions and obligations placed by existing law on postsecondary educational institutions for pregnant or recently pregnant graduate students. The bill would require these institutions to: (1) require responsible employees, upon being informed of a students pregnancy or pregnancy-related condition, to give the student the institutions Title IX coordinators contact information and information about what the Title IX coordinator can do to ensure the student has equal access to educational programs; (2) require reasonable accommodations provided to a pregnant student or a recently pregnant student to be provided though the institutions Title IX coordinator, and (3) provide a pregnant student or recently pregnant student access to a private and secure room for lactation. The bill would authorize a student to voluntarily accept or reject an accommodation, and would require the institution to immediately implement an accommodation the student accepts. The bill would require birth parent and nonbirth parent students, upon returning to their education program, to be reinstated to the academic status held before their voluntary leave of absence began. For a birth parent or nonbirth parent undergraduate student, the bill would prohibit an institution from reducing the students institution-based financial aid upon returning from the leave of absence.

The Equity in Higher Education Act also requires each postsecondary educational institution to have a written policy for graduate students on pregnancy discrimination and procedures for addressing pregnancy discrimination. The act requires a copy of the policy to be made available to all faculty, staff, and employees in their required training.

This bill would require each postsecondary educational institution to revise its policy to include procedures for accessing reasonable accommodations for a pregnant student or a recently pregnant student. The bill would require the policy to be emailed to students, faculty, staff, and employees at the beginning of each academic year. The bill would also require each institution to prominently post the policy on its internet website and to provide the policy through its on-campus medical center, as specified.

By imposing new duties on community college districts, the bill would impose a state-mandated local program.

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

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

 THIRD READING  

Bill No: AB 1098

Author: Fong (D) and Padilla (D)

Amended: 9/5/25 in Senate

Vote: 21

SENATE EDUCATION COMMITTEE: 5-0, 9/9/25

AYES: Pérez, Ochoa Bogh, Cabaldon, Cortese, Reyes

NO VOTE RECORDED: Choi, Gonzalez

SENATE APPROPRIATIONS COMMITTEE: 5-0, 9/11/25

AYES: Caballero, Seyarto, Cabaldon, Richardson, Wahab

NO VOTE RECORDED: Dahle, Grayson

ASSEMBLY FLOOR: 79-0, 6/2/25 - See last page for vote

SUBJECT: California Education Interagency Council

SOURCE: Author

DIGEST:

This bill establishes the California Education Interagency Council (Council) within the Government Operations Agency (GovOps) to align education and workforce systems, support adult skill development, and address the changing nature of work and the economy. The Council would adopt strategic and workforce plans, issue recommendations to the Governor and Legislature, and, upon appropriation, create a faculty and employer advisory committee. This bill also creates the Office of the California Education Interagency Council (managing entity) as a neutral administrative body.

Senate Floor amendments of 9/5/25 strike all provisions related to pregnancy-related leave and accommodations for undergraduate students and instead establish the California Education Interagency Council within GovOpsAgency, along with the Office of the Council, to coordinate education and workforce policy. This bill would become operative only if SB 638 (Padilla, 2025) is enacted.

ANALYSIS:

Existing law:

1. Establishes the GovOps, which consists of several state entities, including, but not limited to, the State Personnel Board, the Department of General Services, and the Office of Administrative Law. (Government Code § 12803.2)
2. Differentiates the missions and functions of public and independent institutions of higher education. Under these provisions:
   1. The primary mission of the California State University (CSU) is to offer undergraduate and graduate instruction through the master’s degree in the liberal arts and sciences and professional education, including teacher education. The CSU is authorized to establish two-year programs only when mutually agreed upon by the Trustees and the California Community Colleges (CCC) Board of Governors (BOG). The CSU is also authorized to jointly award the doctoral degree with the University of California (UC) and with one or more independent institutions of higher education.
   2. The UC is authorized to provide undergraduate and graduate instruction and has exclusive jurisdiction in public higher education over graduate instruction in the professions of law, medicine, dentistry, and veterinary medicine. The UC is also the primary state-supported academic agency for research.
   3. The independent institutions of higher education are required to provide undergraduate and graduate instruction and research in accordance with their respective missions.
   4. The mission and function of the CCC is the offering of academic and vocational instruction at the lower division level, and the CCC are authorized to grant the Associate in Arts and the Associate in Science degrees. The community colleges are also required to offer learning supports to close learning gaps, English as a Second Language instruction, and adult noncredit instruction, and support services which help students succeed at the postsecondary level. (Education Code (EC) § 66010.4)
3. Establishes the California Postsecondary Education Commission (CPEC) composed of 17 members representing the higher education segments, the State Board of Education (SBE), and nine representatives appointed by the Governor, Senate Rules Committee, and Assembly Speaker to coordinate public, independent, and private postsecondary education in California. (EC § 66900, et seq.)
4. Establishes the California Cradle-to-Career Data System to link educational, social service, and workforce data to support student success, policy analysis, and program improvement. (EC §§10850–10889)

This bill:

1. Enacts the California Education Interagency Council Act and establishes the Council in GovOps.
2. Charges the Council with evaluating the changing nature of work, aligning education and workforce systems, supporting adult skill development, ensuring regional supply meets workforce demand, and serving as a forum on cross-sector education and workforce issues.
3. Specifies council membership to include leaders of K–12, higher education, workforce, and finance agencies, plus one nongovernmental representative, and requires open meetings.
4. Establishes the managing entity as a neutral administrative body, overseen by an executive officer appointed by the Governor.
5. Requires the Council to meet regularly, adopt strategic and work plans, and submit biennial reports to the Governor and Legislature on outcomes and recommendations for cross-sector initiatives.
6. Authorizes the Council to create advisory committees, including a principal advisory committee and, upon appropriation, a faculty and employer advisory committee, to ensure stakeholder and industry input.
7. Requires collaboration with state data systems, including the Labor and Workforce Development Agency and Cradle-to-Career, to inform planning and alignment efforts.
8. Makes this bill operative only if SB 638 (Padilla, 2025) is enacted.

Comments

1. Need for this bill. According to the author, “California values workforce development and career technical education to ensure that students and adults are equipped to meet changing labor needs, and has an annual allocation of a billion dollars for various K-12, higher education and workforce development programs.  However, these programs work independently and not based on an overall plan that is data driven.  California is the only state without a coordinating body, which has resulted in the fragmented structure of individual programs.  AB 1098 establishes the California Education Interagency Council that will bring together K-12, higher education, and labor/workforce agencies to help improve cross-sector collaboration, drive data-informed policy, and build transparent pathways that meet the needs of students, workers, and employers across the state. The bill aims to eliminate duplicative efforts and ensure public investments yield equitable and effective outcomes for all Californians.”
2. Alignment with SB 638. This bill is now part of a coordinated effort with SB 638 (Padilla, 2025), which recasts the Career Technical Education Incentive Grant (CTEIG) program beginning in 2026. As amended, SB 638 requires the Department of Education to consult with the California Education Interagency Council when developing and awarding CTEIG grants, ensuring that program standards and priorities are informed by a cross-sector perspective. SB 638 also charges the Council with advisory responsibilities related to career technical education, career pathways, and workforce development. Together, AB 1098 and SB 638 create an integrated framework in which the Council serves as both an advisory and consultative body to help connect education programs to labor market needs.
3. Background on coordination. Since the defunding of the California Postsecondary Education Commission (CPEC) in 2011, California has lacked a coordinating body for education and workforce issues. Numerous reports from organizations such as California Competes and the Public Policy Institute of California have emphasized the costs of this vacuum, including fragmented data systems, a lack of statewide goals, and missed opportunities to guide students across education segments and into high-quality jobs. The Governor’s Master Plan for Career Education and the Administration’s 2025–26 budget proposal called for creating a statewide planning and coordinating body to address these gaps. AB 1098 fulfills that vision by establishing a standing interagency council supported by a neutral office within GovOps.
4. Structure and role. Unlike past efforts, the Council is advisory in nature and housed within an agency that already plays a cross-cutting coordination role. This approach balances the need for statewide alignment with the importance of maintaining legislative oversight and avoiding duplication of authority. The council’s membership consists of the state’s major education and workforce leaders, ensuring that the agencies best positioned to implement reforms are directly engaged in developing recommendations.
5. Moving forward. By linking AB 1098 and SB 638, the Legislature and Administration are advancing a coordinated strategy to align career education investments with the state’s long-term workforce and economic needs. While the council’s recommendations will not carry binding authority, its structure is intended to ensure that the state’s substantial investments in education and workforce programs are better coordinated, more transparent, and more responsive to students and employers.

FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: No

The 2025 Budget Act includes $1.5 million General Fund in Item 0511-001-0001 for the GovOps to support an Education and Workforce Development Coordinating Council — the entity that, upon enactment of this bill, would be established as the California Education Interagency Council. This funding provides baseline resources to launch the Council and its supporting office.

Because this bill was recently amended, no fiscal committee has yet considered its current provisions. However, AB 95 (Fong, 2025), a substantially similar measure, was estimated by the Assembly Appropriations Committee to result in ongoing General Fund costs of approximately $5 million to support 16 staff positions within GovOps, along with minor additional costs to the California Department of Education, the UC, the CSU, and the CCC.

SUPPORT: (Verified 9/11/25)

None received

OPPOSITION: (Verified 9/11/25)

None received

ASSEMBLY FLOOR: 79-0, 6/2/25

AYES: Addis, Aguiar-Curry, Ahrens, Alanis, Alvarez, Arambula, Ávila Farías, Bains, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Bryan, Calderon, Caloza, Carrillo, Castillo, Chen, Connolly, Davies, DeMaio, Dixon, Elhawary, Ellis, Flora, Fong, Gabriel, Gallagher, Garcia, Gipson, Jeff Gonzalez, Mark González, Hadwick, Haney, Harabedian, Hart, Hoover, Irwin, Jackson, Kalra, Krell, Lackey, Lee, Lowenthal, Macedo, McKinnor, Muratsuchi, Nguyen, Ortega, Pacheco, Papan, Patel, Patterson, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Ransom, Celeste Rodriguez, Michelle Rodriguez, Rogers, Blanca Rubio, Sanchez, Schiavo, Schultz, Sharp-Collins, Solache, Soria, Stefani, Ta, Tangipa, Valencia, Wallis, Ward, Wicks, Wilson, Zbur, Rivas

Prepared by: Ian Johnson / ED. / (916) 651-4105

9/12/25 11:13:35

**** END ****

CONCURRENCE IN SENATE AMENDMENTS

CSA1 Bill Id:AB 1098

Author:(Fong and Padilla)

As Amended Ver:September 5, 2025

Majority vote

SUMMARY

NOTE: This bill has been amended to replace its contents and this is the first time the bill is being heard in its current form.

AB 1098 (Fong) establishes the California Education Interagency Council (Council) within the Government Operations Agency (GovOps) to align education and workforce systems, support adult skill development, and address the changing nature of work and the economy. The Council would adopt strategic and workforce plans, issue recommendations to the Governor and Legislature, and create a faculty and employer advisory committee. The bill also creates the Office of the California Education Interagency Council (managing entity) as a neutral administrative body.

Senate Amendments

Amendments taken in the Senate replace the previous contents of the bill, and instead:

1. Enacts the California Education Interagency Council Act and establishes the Council in GovOps.
2. Charges the Council with evaluating the changing nature of work, aligning education and workforce systems, supporting adult skill development, ensuring regional supply meets workforce demand, and serving as a forum on cross-sector education and workforce issues.
3. Specifies council membership to include leaders of K–12, higher education, workforce, and finance agencies, plus one nongovernmental representative, and requires open meetings.
4. Establishes the managing entity as a neutral administrative body, overseen by an executive officer appointed by the Governor.
5. Requires the Council to meet regularly, adopt strategic and work plans, and submit biennial reports to the Governor and Legislature on outcomes and recommendations for cross-sector initiatives.
6. Authorizes the Council to create advisory committees, including a principal advisory committee and, upon appropriation, a faculty and employer advisory committee, to ensure stakeholder and industry input.
7. Requires collaboration with state data systems, including the Labor and Workforce Development Agency and Cradle-to-Career, to inform planning and alignment efforts.
8. Makes the bill operative only if SB 638 (Padilla) is enacted.

COMMENTS

Background on the California Postsecondary Education Commission (CPEC). The Legislature created CPEC in 1973 as successor to the Coordinating Council for Higher Education, part of the state's 1960 Master Plan for Higher Education. CPEC was established to coordinate postsecondary education in California and to provide independent policy analyses and recommendations to the Legislature and the Governor on postsecondary education issues.

However, CPEC's budget and responsibilities were reduced over time, casting doubt on its effectiveness and triggering calls for its restructuring. In the 2011-12 Budget Act, Governor Brown vetoed funding for CPEC citing the agency's ineffectiveness in higher education oversight. In his veto message, the Governor acknowledged the well-established need for coordinating and guiding state higher education policy and requested that stakeholders explore alternative ways these functions could be fulfilled. In fall 2011 CPEC shut down, transferring its federal Teacher Quality Improvement grant program to the California Department of Education (CDE) and extensive data resources to the CCC Chancellor's Office. Currently no coordinating entity for higher education in California exists.

Post-CPEC. Statewide higher education goals and objectives have been considered by the Legislature for over a decade; in recent years, despite the absence of CPEC, some progress has been made on this front. The 2013-14 Budget Act education trailer bill (AB 94, Chapter 50) required UC and CSU to report annually on specified performance measures, in order to inform budget and policy decisions and promote effective and efficient use of resources. SB 195 (Liu, Chapter 367, Statutes of 2013), established general statewide goals for higher education, and legislative intent to identify specific metrics for measuring progress toward statewide goals.

The 2014-15 Budget Act (SB 852, Chapter 25) required UC and CSU to approve three-year "sustainability plans" that use funding projections to establish projections of enrollment and the university's goals for the performance measures that are required to be adopted pursuant to AB 94; this requirement was continued in the 2015-16 and 2016-17 Budget Acts. The CCCs were required, pursuant to the 2014-15 Budget higher education trailer bill (SB 860, Chapter 34), to adopt goals and targets for student performance by June 30, 2015, and to establish and report on Student Equity Plans designed to ensure equal educational opportunities and to promote student success for all students.

More recently, the UC and CSU entered into multi-year formal Compacts with the Governor's Office, and the CCC and the Governor's Office multi-year roadmap between the Administration and the CCC system outlines mutually prioritized goals, expectations, and accompanying outcome measures. Each of these agreements include reporting requirements and set goals across a variety areas through the 2026-27 fiscal and academic years.

Need for a statewide higher education coordinating body? According to the March 2019, California Competes report, The Case for a Statewide Higher Education Coordinating Entity, California is one of two states without a central organizing body to guide the unique challenges the postsecondary institutions of higher education face. The report finds that in the absence of coordination, each of the state's public higher education segments (the CCC, CSU, and UC) function in siloes. Further, the report finds that the lack of a statewide coordinating body for higher education has resulted in no authority for statewide goal-setting, no comprehensive strategic planning, no longitudinal education data system, and inadequate mechanisms to assist students' progress as they matriculate through and between systems. Additionally, the report contends that, without a coordinating entity:

1. California will continue to lag in degree production;
2. Planning for the future will continue to be clumsy and inadequate;
3. Higher education data systems will remain fragmented and incomplete; and,
4. Students will continue to slip through the cracks.

Finally, the report finds that California needs an independent, statewide coordinating entity to uphold a public agenda for higher education that links the needs of the state's economy to experiences and outcomes of California's students.

According to the March 2019, Public Policy Institute of California (PPIC) report, Coordinating California's Higher Education System, receiving postsecondary education continues to become increasingly important to California's economy and quality of life. The PPIC report suggests that in order to help state leaders determine how to best design a more effective coordinating body (to note, PPIC contends a coordinating body is definitely needed in this state), it is important to understand the struggles CPEC faced. The report finds that effective coordination must reflect the reality of higher education in the state – the governance challenges, campus and segment incentives, and other factors that influence institutional decisions. Further, the report finds that, several factors reduced CPEC's ability to effectively coordinate the state's higher education system, in part:

1. A lack of clear state goals for higher education;
2. A lack of a clear mission in CPEC's statutory charter; and,
3. It was designed for consensus, not leadership.

Further, the report finds that an effective coordinating body needs to be a part of state government, subject to all state rules and procedures regarding transparency and accountability. Finally, the report finds that the best approach to a new higher education coordinating body is to have such a body that operates independently and advises both the Governor and the Legislature; this would strengthen the Legislature's capacity to address important higher education issues and having an independent entity could provide the Legislature an objective view on current issues and assist in developing solutions to resolving the issues.

Alignment with SB 638. This bill is now part of a coordinated effort with SB 638 (Padilla, 2025), which recasts the Career Technical Education Incentive Grant (CTEIG) program beginning in 2026. As amended, SB 638 requires the Department of Education to consult with the California Education Interagency Council when developing and awarding CTEIG grants, ensuring that program standards and priorities are informed by a cross-sector perspective. SB 638 also charges the Council with advisory responsibilities related to career technical education, career pathways, and workforce development. Together, AB 1098 and SB 638 create an integrated framework in which the Council serves as both an advisory and consultative body to help connect education programs to labor market needs.

Unlike past efforts, the Council is advisory in nature and housed within GovOps, an agency that already plays a cross-cutting coordination role. This approach balances the need for statewide alignment with the importance of maintaining legislative oversight and avoiding duplication of authority. The council's membership consists of the state's major education and workforce leaders, ensuring that the agencies best positioned to implement reforms are directly engaged in developing recommendations.

Budget includes $1.5 million to support this bill. The 2025 Budget Act includes $1.5 million General Fund in Item 0511-001-0001 for the GovOps to support an Education and Workforce Development Coordinating Council — the entity that, upon enactment of this bill, would be established as the California Education Interagency Council. This funding provides baseline resources to launch the Council and its supporting office.

According to the Author

According to the author, "California values workforce development and career technical education to ensure that students and adults are equipped to meet changing labor needs, and has an annual allocation of a billion dollars for various K-12, higher education and workforce development programs.  However, these programs work independently and not based on an overall plan that is data driven.  California is the only state without a coordinating body, which has resulted in the fragmented structure of individual programs.  AB 1098 establishes the California Education Interagency Council that will bring together K-12, higher education, and labor/workforce agencies to help improve cross-sector collaboration, drive data-informed policy, and build transparent pathways that meet the needs of students, workers, and employers across the state. The bill aims to eliminate duplicative efforts and ensure public investments yield equitable and effective outcomes for all Californians."

Arguments in Support

California Competes wrote in support of AB 1098 (Fong), and noted that "Each year, our state invests billions in higher education and workforce programs, yet these efforts remain siloed—resulting in fragmented student services, inefficient use of resources, and complex systems that are especially burdensome for low-income Californians, adult learners, student parents, and job seekers. AB 1098 is a critical step toward addressing this fragmentation. The bill would create a dedicated council composed of state education and workforce leaders tasked with developing statewide plans, evaluating data, and providing oversight. Through regular reporting, accountability mechanisms, and strategic funding, the Council will ensure public investments yield equitable, effective outcomes. This proposal reflects longstanding calls for greater interagency collaboration and builds on the vision of California's Master Plan for Career Education. It offers the infrastructure needed to drive transparent, data-informed decisions that connect students and workers with high-quality education and employment opportunities."

Arguments in Opposition

None on file.

FISCAL COMMENTS

According to the Senate Committee on Appropriations:

The 2025 Budget Act includes a General Fund appropriation of $1.5 million to support an Education and Workforce Development Coordinating Council. However, the Council would likely require a funding level exceeding that amount at full implementation. The extent of these costs is unknown and would be deliberated as part of future budget negotiations. Staff notes that GovOps submitted a Budget Change Proposal (for consideration as part of the 2025 Governor's Budget) requesting an augmentation of $5 million (General Fund) and 16.0 positions to establish and operate the Council.

VOTES:

ASM HIGHER EDUCATION: 10-0-0

YES: Fong, DeMaio, Boerner, Jeff Gonzalez, Jackson, Muratsuchi, Patel, Celeste Rodriguez, Sharp-Collins, Tangipa

ASM JUDICIARY: 12-0-0

YES: Kalra, Dixon, Bauer-Kahan, Bryan, Connolly, Harabedian, Macedo, Pacheco, Lee, Sanchez, Stefani, Zbur

ASM APPROPRIATIONS: 14-0-1

YES: Wicks, Arambula, Calderon, Caloza, Dixon, Elhawary, Fong, Mark González, Hart, Pacheco, Pellerin, Solache, Ta, Tangipa

ABS, ABST OR NV: Sanchez

ASSEMBLY FLOOR: 79-0-0

YES: Addis, Aguiar-Curry, Ahrens, Alanis, Alvarez, Arambula, Ávila Farías, Bains, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Bryan, Calderon, Caloza, Carrillo, Castillo, Chen, Connolly, Davies, DeMaio, Dixon, Elhawary, Ellis, Flora, Fong, Gabriel, Gallagher, Garcia, Gipson, Jeff Gonzalez, Mark González, Hadwick, Haney, Harabedian, Hart, Hoover, Irwin, Jackson, Kalra, Krell, Lackey, Lee, Lowenthal, Macedo, McKinnor, Muratsuchi, Nguyen, Ortega, Pacheco, Papan, Patel, Patterson, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Ransom, Celeste Rodriguez, Michelle Rodriguez, Rogers, Blanca Rubio, Sanchez, Schiavo, Schultz, Sharp-Collins, Solache, Soria, Stefani, Ta, Tangipa, Valencia, Wallis, Ward, Wicks, Wilson, Zbur, Rivas

UPDATED

VERSION: September 5, 2025

CONSULTANT: Kevin J. Powers / HIGHER ED. / (916) 319-3960 FN: 0002094

SENATE COMMITTEE ON

Senator Anna Caballero, Chair

2025 - 2026 Regular Session

AB 1098 (Fong) - California Education Interagency Council

Bill Summary:

This bill establishes the California Education Interagency Council (Council) within the Government Operations Agency (GovOps) to align education and workforce systems and support adult skill development. This bill also creates the Office of the California Education Interagency Council as a neutral administrative body.

Fiscal Impact:

The 2025 Budget Act includes a General Fund appropriation of $1.5 million to support an Education and Workforce Development Coordinating Council. However, the Council would likely require a funding level exceeding that amount at full implementation. The extent of these costs is unknown and would be deliberated as part of future budget negotiations. Staff notes that GovOps submitted a Budget Change Proposal (for consideration as part of the 2025 Governor’s Budget) requesting an augmentation of $5 million (General Fund) and 16.0 positions to establish and operate the Council.

Background:

Existing law establishes the California State University (CSU) which offers undergraduate and graduate instruction through the master’s degree in liberal arts and sciences and professional education, including teacher education. The CSU is authorized to establish two-year programs only when mutually agreed upon by the Trustees and the California Community Colleges Board of Governors. The CSU is also authorized to jointly award the doctoral degree with the University of California (UC) and with one or more independent institutions of higher education.

Existing law authorizes the UC to provide undergraduate and graduate instruction and has exclusive jurisdiction in public higher education over graduate instruction in the professions of law, medicine, dentistry, and veterinary medicine. The UC is also the primary state-supported academic agency for research.

Existing law establishes the California Community Colleges (CCCs) whose mission is to offer of academic and vocational instruction at the lower division level. The CCCs are authorized to grant the Associate in Arts and the Associate in Science degrees. They are also required to offer learning supports to close learning gaps, English as a Second Language instruction, and adult noncredit instruction, and support services which help students succeed at the postsecondary level.

Existing law establishes the California Postsecondary Education Commission (CPEC) composed of 17 members representing the higher education segments, the State Board of Education, and nine representatives appointed by the Governor, Senate Rules Committee, and Assembly Speaker to coordinate public, independent, and private postsecondary education in California. However, the CPEC was defunded in 2011.

Existing law establishes the GovOps which oversees and supports the work of 13 departments, boards, and offices, including the State Personnel Board, the Department of General Services, and the Office of Administrative Law

Proposed Law:

This bill establishes the Council in GovOps, which would be charged with evaluating the changing nature of work, aligning education and workforce systems, supporting adult skill development, ensuring regional supply meets workforce demand, and serving as a forum on cross-sector education and workforce issues. The bill specifies that the council’s membership shall include leaders of K–12, higher education, workforce, and finance agencies, plus one nongovernmental representative, and requires open meetings.

This bill establishes the Office of the California Education Interagency Council (managing entity) as a neutral administrative body, overseen by an executive officer appointed by the Governor. It requires the Council to meet regularly, adopt strategic and work plans, and submit biennial reports to the Governor and Legislature on outcomes and recommendations for cross-sector initiatives. The bill also authorizes the Council to create advisory committees, including a principal advisory committee and, upon appropriation, a faculty and employer advisory committee, to ensure stakeholder and industry input.

This bill requires the Council to collaborate with state data systems, including the Labor and Workforce Development Agency and Cradle-to-Career, to inform planning and alignment efforts.

The bill’s provisions would only be operative if SB 638 (Padilla, 2025) is enacted.

Related Legislation:

SB 638 (Padilla, 2025) would make changes to the Career Technical Education Incentive Grant program and require the Council to develop recommendations regarding CTE, college and career pathways, and workforce development recognizing existing segmental plans. This bill is pending on the Assembly Floor.

Staff Comments:

The state has lacked a statewide planning and coordinating body for education and workforce development programs since the CPEC was defunded in 2011. This has resulted in several issues, including fragmented data systems and a lack of coordinated, statewide goals among the segments. This bill is intended to address these issues and establish a neutral, interagency council within GovOps. It is also part of a coordinated effort with SB 638 (Padilla, 2025) which provides the Council with advisory responsibilities related to career technical education, career pathways, and workforce development. The Council would be advisory in nature and its membership would consist of the state’s major education and workforce leaders, including the President of the State Board of Education, the Superintendent of Public Instruction, representatives from the segments of higher education, and the Secretary of Labor and Workforce Development. While the 2025 Budget Act includes $1.5 million for an Education and Workforce Development Coordinating Council, the ongoing costs to operate the Council at full implementation is likely to be higher. To illustrate, the GovOps submitted a 2025-26 Budget Change Proposal requesting $5 million General Fund each year and 16.0 positions to establish and operate the Council. The Council would be tasked with bringing together TK-12 education, higher education, and state economic and workforce development agencies to improve planning and coordination across state government.

According to the author, “California values workforce development and career technical education to ensure that students and adults are equipped to meet changing labor needs, and has an annual allocation of a billion dollars for various K-12, higher education and workforce development programs.  However, these programs work independently and not based on an overall plan that is data driven.  California is the only state without a coordinating body, which has resulted in the fragmented structure of individual programs.  AB 1098 establishes the California Education Interagency Council that will bring together K-12, higher education, and labor/workforce agencies to help improve cross-sector collaboration, drive data-informed policy, and build transparent pathways that meet the needs of students, workers, and employers across the state. The bill aims to eliminate duplicative efforts and ensure public investments yield equitable and effective outcomes for all Californians.”

-- END --

SENATE COMMITTEE ON EDUCATION

Senator Sasha Renée Pérez, Chair

2025 - 2026 Regular

Bill No: AB 1098 Hearing Date: September 9, 2025

Subject: California Education Interagency Council.

NOTE: This bill has been amended to replace its contents and this is the first time the bill is being heard in its current form.

SUMMARY

This bill establishes the California Education Interagency Council (Council) within the Government Operations Agency (GovOps) to align education and workforce systems, support adult skill development, and address the changing nature of work and the economy. The Council would adopt strategic and workforce plans, issue recommendations to the Governor and Legislature, and create a faculty and employer advisory committee. The bill also creates the Office of the California Education Interagency Council (managing entity) as a neutral administrative body.

BACKGROUND

Existing law:

1. Establishes the GovOps, which consists of several state entities, including, but not limited to, the State Personnel Board, the Department of General Services, and the Office of Administrative Law. (Government Code § 12803.2)
2. Differentiates the missions and functions of public and independent institutions of higher education. Under these provisions:
   1. The primary mission of the California State University (CSU) is to offer undergraduate and graduate instruction through the master’s degree in the liberal arts and sciences and professional education, including teacher education. The CSU is authorized to establish two-year programs only when mutually agreed upon by the Trustees and the California Community Colleges (CCC) Board of Governors (BOG). The CSU is also authorized to jointly award the doctoral degree with the University of California (UC) and with one or more independent institutions of higher education.
   2. The UC is authorized to provide undergraduate and graduate instruction and has exclusive jurisdiction in public higher education over graduate instruction in the professions of law, medicine, dentistry, and veterinary medicine. The UC is also the primary state-supported academic agency for research.
   3. The independent institutions of higher education are required to provide undergraduate and graduate instruction and research in accordance with their respective missions.
   4. The mission and function of the CCC is the offering of academic and vocational instruction at the lower division level, and the CCC are authorized to grant the Associate in Arts and the Associate in Science degrees. The community colleges are also required to offer learning supports to close learning gaps, English as a Second Language instruction, and adult noncredit instruction, and support services which help students succeed at the postsecondary level. (Education Code (EC) § 66010.4)
3. Establishes the California Postsecondary Education Commission (CPEC) composed of 17 members representing the higher education segments, the State Board of Education (SBE), and nine representatives appointed by the Governor, Senate Rules Committee, and Assembly Speaker to coordinate public, independent, and private postsecondary education in California. (EC § 66900, et seq.)
4. Establishes the California Cradle-to-Career Data System to link educational, social service, and workforce data to support student success, policy analysis, and program improvement. (EC §§ 10850–10889)

ANALYSIS

This bill:

1. Enacts the California Education Interagency Council Act and establishes the Council in GovOps.
2. Charges the Council with evaluating the changing nature of work, aligning education and workforce systems, supporting adult skill development, ensuring regional supply meets workforce demand, and serving as a forum on cross-sector education and workforce issues.
3. Specifies council membership to include leaders of K–12, higher education, workforce, and finance agencies, plus one nongovernmental representative, and requires open meetings.
4. Establishes the managing entity as a neutral administrative body, overseen by an executive officer appointed by the Governor.
5. Requires the Council to meet regularly, adopt strategic and work plans, and submit biennial reports to the Governor and Legislature on outcomes and recommendations for cross-sector initiatives.
6. Authorizes the Council to create advisory committees, including a principal advisory committee and, upon appropriation, a faculty and employer advisory committee, to ensure stakeholder and industry input.
7. Requires collaboration with state data systems, including the Labor and Workforce Development Agency and Cradle-to-Career, to inform planning and alignment efforts.
8. Makes the bill operative only if SB 638 (Padilla, 2025) is enacted.

STAFF COMMENTS

1. Need for the bill. According to the author, “California values workforce development and career technical education to ensure that students and adults are equipped to meet changing labor needs, and has an annual allocation of a billion dollars for various K-12, higher education and workforce development programs.  However, these programs work independently and not based on an overall plan that is data driven.  California is the only state without a coordinating body, which has resulted in the fragmented structure of individual programs.  AB 1098 establishes the California Education Interagency Council that will bring together K-12, higher education, and labor/workforce agencies to help improve cross-sector collaboration, drive data-informed policy, and build transparent pathways that meet the needs of students, workers, and employers across the state. The bill aims to eliminate duplicative efforts and ensure public investments yield equitable and effective outcomes for all Californians.”
2. Alignment with SB 638. This bill is now part of a coordinated effort with SB 638 (Padilla, 2025), which recasts the Career Technical Education Incentive Grant (CTEIG) program beginning in 2026. As amended, SB 638 requires the Department of Education to consult with the California Education Interagency Council when developing and awarding CTEIG grants, ensuring that program standards and priorities are informed by a cross-sector perspective. SB 638 also charges the Council with advisory responsibilities related to career technical education, career pathways, and workforce development. Together, AB 1098 and SB 638 create an integrated framework in which the Council serves as both an advisory and consultative body to help connect education programs to labor market needs.
3. Background on coordination. Since the defunding of the California Postsecondary Education Commission (CPEC) in 2011, California has lacked a coordinating body for education and workforce issues. Numerous reports from organizations such as California Competes and the Public Policy Institute of California have emphasized the costs of this vacuum, including fragmented data systems, a lack of statewide goals, and missed opportunities to guide students across education segments and into high-quality jobs. The Governor’s Master Plan for Career Education and the Administration’s 2025–26 budget proposal called for creating a statewide planning and coordinating body to address these gaps. AB 1098 fulfills that vision by establishing a standing interagency council supported by a neutral office within GovOps.
4. Structure and role. Unlike past efforts, the Council is advisory in nature and housed within an agency that already plays a cross-cutting coordination role. This approach balances the need for statewide alignment with the importance of maintaining legislative oversight and avoiding duplication of authority. The council’s membership consists of the state’s major education and workforce leaders, ensuring that the agencies best positioned to implement reforms are directly engaged in developing recommendations.
5. Moving forward. By linking AB 1098 and SB 638, the Legislature and Administration are advancing a coordinated strategy to align career education investments with the state’s long-term workforce and economic needs. While the council’s recommendations will not carry binding authority, its structure is intended to ensure that the state’s substantial investments in education and workforce programs are better coordinated, more transparent, and more responsive to students and employers.
6. Budget includes $1.5 million to support this bill. The 2025 Budget Act includes $1.5 million General Fund in Item 0511-001-0001 for the GovOps to support an Education and Workforce Development Coordinating Council — the entity that, upon enactment of this bill, would be established as the California Education Interagency Council. This funding provides baseline resources to launch the Council and its supporting office.

SUPPORT

None received

OPPOSITION

None received

-- END --

 THIRD READING  

Bill No: AB 1098

Author: Fong (D)

Amended: 7/3/25 in Senate

Vote: 21

SENATE EDUCATION COMMITTEE: 7-0, 6/25/25

AYES: Pérez, Ochoa Bogh, Cabaldon, Choi, Cortese, Gonzalez, Laird

SENATE JUDICIARY COMMITTEE: 13-0, 7/15/25

AYES: Umberg, Niello, Allen, Arreguín, Ashby, Caballero, Durazo, Laird, Stern, Valladares, Wahab, Weber Pierson, Wiener

SENATE APPROPRIATIONS COMMITTEE: 7-0, 8/29/25

AYES: Caballero, Seyarto, Cabaldon, Dahle, Grayson, Richardson, Wahab

ASSEMBLY FLOOR: 79-0, 6/2/25 - See last page for vote

SUBJECT: Postsecondary education: undergraduate and graduate students: pregnancy or pregnancy-related issues

SOURCE: Author

DIGEST:

This bill extends a pregnancy-related leave of absences to undergraduate students that are currently afforded to graduate students, and establishes a new definition for the type of pregnancy-related accommodations institutions of higher education are required to provide to students.

ANALYSIS:

Existing law:

1. Applies each of the following requirements to postsecondary educational institutions in California (a campus of the University of California (UC), the California State University (CSU), or the California Community Colleges (CCC), a private postsecondary educational institution, or an independent institution of higher education that receives state financial assistance):
   
   1. A postsecondary educational institution, including the faculty, staff, or other employees of the institution, shall not do any of the following solely due to pregnancy or pregnancy-related issues:
      
      1. Require a graduate student to take a leave of absence or withdraw from the graduate program.
         
      2. Limit the student’s graduate studies.
         
   2. A postsecondary educational institution, including the faculty, staff, or other employees of the institution, shall reasonably accommodate pregnant graduate students so they may complete their graduate courses of study and research. Reasonable accommodation within the meaning of this requirement may include, but is not necessarily limited to, allowances for the pregnant student’s health and safety, such as allowing the student to maintain a safe distance from hazardous substances, allowing the student to make up tests and assignments that are missed for pregnancy-related reasons, or allowing the student to take a leave of absence. Reasonable accommodation shall include excusing absences that are medically necessary, as required under Title IX. (Education Code (EC) § 66281.7)
      
2. Requires each postsecondary educational institution to have a written policy for graduate students on pregnancy discrimination and procedures for addressing pregnancy discrimination complaints under Title IX or state law. A copy of this policy shall be made available to faculty, staff, and employees in their required training. This policy shall be made available to all graduate students attending orientation sessions at a postsecondary educational institution. (EC § 66281.7)
   
3. Requires the CCCs and CSU, by January 1, 2020, and encourages a satellite campus of these systems 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. Lists reasonable accommodations. (EC § 66271.9)

This bill:

1. Provides that all students have the right to participate fully in the educational process free from discrimination and harassment, and recasts existing state policy on discrimination to specifically include pregnancy discrimination.
   
2. Requires each postsecondary educational institution to adopt a written policy for students on pregnancy discrimination, and requires the policy to include procedures for accessing reasonable accommodations and for addressing pregnancy discrimination complaints for alleged noncompliance.
   
3. Requires the procedures for addressing pregnancy discrimination complaints to be consistent with the postsecondary educational institution’s procedures for addressing other forms of discrimination. Requires a copy of the policy to be emailed to students, faculty, staff, and employees at the beginning of each academic year.
   
4. Prohibits a postsecondary educational institution from discriminating against a student based on the student’s current, potential, or past pregnancy or pregnancy-related conditions. Deems that a postsecondary educational institution has not committed discrimination when it permits a student, based on pregnancy or pregnancy-related conditions, to voluntarily participate in a separate portion of an education program or activity, if the postsecondary educational institution ensures that the separate portion is comparable to the education program or activity offered to students who are not pregnant and do not have pregnancy-related conditions.
   
5. Extends to undergraduate students the prohibitions against requiring a graduate student to take a leave of absence or withdraw, or against limiting a student’s studies. Extends reasonable accommodations and leaves of absence to undergraduate students.
   
6. Requires a postsecondary educational institution to require employees who are obligated to report pursuant to the institution’s non-discrimination policy, upon being directly informed by a student of the student’s pregnancy or pregnancy-related conditions, to give the student the discrimination coordinator’s contact information and inform the student that the coordinator, or their designee, can coordinate specific actions to prevent sex discrimination by ensuring that the student has equal access to educational programs offered by the postsecondary educational institution.
   
7. Authorizes reasonable accommodations to include specified actions, and expands such accommodations to also include (in addition to existing allowances for the pregnant student’s health and safety, such as allowing the student to maintain a safe distance from hazardous substances, allowing the student to make up tests and assignments that are missed for pregnancy-related reasons, allowing the student to take a leave of absence, or excusing absences that are medically necessary):
   
   1. Breaks during class to express breast milk, breast feed, or attend to health needs associated with pregnancy or pregnancy-related conditions, including eating, drinking, or using the restroom.
      
   2. Intermittent absences to attend medical appointments.
      
   3. If readily available, access to online education.
      
   4. Changes in schedule or course sequence.
      
   5. Being allowed to sit or stand, or carry or keep water nearby.
      
   6. Mental health counseling as provided by the institution to all students.
      
   7. Changes in physical space or supplies.
      
   8. Elevator access.
      
   9. Allowing the student to take a leave of absence that is not medically necessary.
      
   10. Other changes to the postsecondary educational institution’s policies, practices, or procedures.
       
8. Provides that an accommodation is not considered reasonable if the postsecondary educational institution determines the accommodation would fundamentally alter the nature of its education program or activity. Requires the determination to be made in consultation with relevant faculty, administrators, the postsecondary educational institution’s coordinator, and if necessary, the institution’s Title IX coordinator.
   
9. Prohibits a postsecondary educational institution from requiring a student to provide supporting documentation before the postsecondary educational institution provides reasonable accommodations, unless (as consistent with the policies of the institution) documentation is necessary and reasonable for the postsecondary educational institution to determine whether the reasonable accommodation is necessary to provide the student with equal access to education.
   
10. Specifically requires a postsecondary educational institution to offer to an undergraduate or graduate pregnant student or an undergraduate or graduate student who has recently given birth a voluntary leave of absence.
    
11. Requires, if a student chooses to take a voluntary leave of absence, that the student be informed by the postsecondary educational institution as to how the leave of absence may affect the student’s financial aid, and if applicable, the student’s visa status. States legislative intent that the leave of absence does not disrupt the continuation of institution-based financial aid.
    
12. Expands leaves of absence for students who are not the birth parent to include adoption or placement of the student’s child.
    
13. Requires each postsecondary educational institution to implement the requirements of this bill by September 1, 2026.

Comments

Backstory on Title IX regulations and pregnancy-related protections. The implementation and enforcement of Title IX are largely prescribed by federal regulations and a “Dear Colleague” letter. In 2013, the Obama Administration issued a “Dear colleague” letter providing additional clarity as to the types of accommodations and protections a college or university must provide to a student who is pregnant or experiencing pregnancy-like conditions. The 2013 “Dear Colleague” letter and additional guidance prohibited a college or university from separating a pregnant student into an alternative education program, prohibited a college or university from requiring medical documentation for continual participation in educational programs, and stated accommodations are required to preserve equal access for pregnant students.

In 2020, the Trump Administration finalized new Title IX regulations, which changed the manner in which postsecondary education institutions were required to address sex discrimination and sexual harassment on campus. The 2020 Title IX regulations prohibited a higher education institution from denying admission to a student based on pregnancy or pregnancy-related conditions, and extended protections to include pregnant employees at higher education institutions. The 2020 regulations provided the following protections for all pregnant undergraduate and graduate students:

• 1. Prohibited discrimination against a student based on the student’s sex, which includes a student’s pregnancy or pregnancy-related conditions. Defined pregnancy-related conditions as childbirth, false pregnancy, termination of pregnancy, and recovery;
     
  2. Required the college or university to provide the pregnant student with any medically necessary leave of absence as long as the leave is determined by the student’s physician;
     
  3. Required the college or university to provide supportive measures to pregnant students, provided that the supportive measures are comparable in nature with those provided to students who are temporarily disabled;
     
  4. Allowed a college to provide a separate educational program, but only if the student volunteers to participate and is not forced, and required the separate educational program to be comparable to the original educational program; and,
     
  5. Prohibited the requirement that a student must produce a physician certification for approval to participate in any educational program; unless, such physician certification is required of all participants.
     

In April 2024, the Biden Administration issued a new Title IX regulation with a delayed implementation date of August 2024. The 2024 Title IX regulations:

• 1. Updated the definition of discrimination on the basis of a student’s past, current or potential pregnancy, or pregnancy related condition. The 2024 definition for pregnancy-related conditions included: lactation, childbirth, termination of pregnancy, or recovery;
     
  2. Required the institution to provide pregnant students or those experiencing pregnancy-related conditions with the discrimination coordinator’s contact information so that the coordinator may inform the students of their rights to accommodations and protections from discrimination;
     
  3. Continued the ability for institutions to provide excused absences for medical reasons; however, the 2024 regulations permitted the leave to be passed on advice from any licensed medical provider and states the institution must reinstate the student to their prior academic, and if possible, extracurricular activities;
     
  4. Required institutions to provide students with reasonable modifications to existing educational programs in order to maintain access to educational programs; and,
     
  5. Required institutions to provide private, clean, non-bathroom space for students to lactate or breastfeed.
     

The 2024 Title IX regulations were challenged in court, and were subsequently vacated on January 9, 2025, when the United States District Court for the Eastern District of Kentucky issued a new ruling in State of Tennessee v. Cardona that effectively ended the enforcement and use of the 2024 Title IX regulations nationwide. On February 4, 2025, the United States Department of Education issued a “Dear Colleague” letter stating it would enforce Title IX with the 2020 Title IX regulations and with a definition of biological sex for sex discrimination.

The ruling to vacate the 2024 Title IX regulations does not result in a voiding of pregnancy-related protections, but leaves each college or university to decide which accommodations and leave of absences to provide. This bill essentially codifies in state law many of the pregnancy-related protections in the 2024 Title IX regulations by extending provisions to undergraduate students, defining the types of reasonable accommodations each campus must offer pregnant students, and identifying a designated coordinator to assist students in accessing accommodations. This bill also includes provisions that are not included in the 2024 regulations. Further, this bill requires an institution to offer a voluntary leave of absence to a student who is pregnant or who recently gave birth (as well as to a student who is not the birth parent).

FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: Yes

According to the Senate Appropriations Committee:

1. The CCC Chancellor’s Office estimates one-time Proposition 98 General Fund costs of up to $1.6 million for community college districts to adopt updated policies and post notices of the pregnancy protections and policies on their websites, and additional ongoing costs in the low millions of dollars each year to provide accommodations to students. The extent of the ongoing costs would depend on several factors, including the number of students that require an accommodation and the compensation level for the faculty providing instruction to the students.
2. The CCC Chancellor’s Office estimates one-time General Fund costs of $12,000 to $24,000 to issue guidance on the updated policy requirements.
3. The CSU indicates there could be additional, unknown General Fund costs each year for campuses to update and distribute policies and provide training. However, the CSU indicates that much of this bill reflects updates already adopted pursuant to the 2024 Biden administration Title IX regulations.
4. The UC indicates that the bill’s costs would be minor and absorbable since it has already implemented or is in the process of implementing these Title iX requirements.

SUPPORT: (Verified 8/29/25)

Alliance for Children's Rights
American Association of University Women - California
American College of Obstetricians & Gynecologists - District IX
California Competes: Higher Education for a Strong Economy
California Faculty Association
California State Student Association
California Wic Association
California Women's Law Center
CFT- A Union of Educators & Classified Professionals, AFT, AFL-CIO
Early Edge California
EdTrust-West
Michelson Center for Public Policy
Public Counsel
Student Senate for California Community Colleges
The California Alliance for Student Parent Success

OPPOSITION: (Verified 8/29/25)

None received

ASSEMBLY FLOOR: 79-0, 6/2/25

AYES: Addis, Aguiar-Curry, Ahrens, Alanis, Alvarez, Arambula, Ávila Farías, Bains, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Bryan, Calderon, Caloza, Carrillo, Castillo, Chen, Connolly, Davies, DeMaio, Dixon, Elhawary, Ellis, Flora, Fong, Gabriel, Gallagher, Garcia, Gipson, Jeff Gonzalez, Mark González, Hadwick, Haney, Harabedian, Hart, Hoover, Irwin, Jackson, Kalra, Krell, Lackey, Lee, Lowenthal, Macedo, McKinnor, Muratsuchi, Nguyen, Ortega, Pacheco, Papan, Patel, Patterson, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Ransom, Celeste Rodriguez, Michelle Rodriguez, Rogers, Blanca Rubio, Sanchez, Schiavo, Schultz, Sharp-Collins, Solache, Soria, Stefani, Ta, Tangipa, Valencia, Wallis, Ward, Wicks, Wilson, Zbur, Rivas

Prepared by: Lynn Lorber / ED. / (916) 651-4105

8/30/25 13:43:20

**** END ****

SENATE COMMITTEE ON APPROPRIATIONS

Senator Anna Caballero, Chair

2025 - 2026 Regular Session

AB 1098 (Fong) - Postsecondary education: undergraduate and graduate students: pregnancy or pregnancy-related issues

Bill Summary:

This bill extends protections regarding pregnancy-related leave of absences to undergraduate students in postsecondary educational institutions. The bill also establishes a new definition for the type of pregnancy-related accommodations that these institutions are required to provide to students.

Fiscal Impact:

• The Chancellor’s Office estimates one-time Proposition 98 General Fund costs of up to $1.6 million for community college districts to adopt updated policies and post notices of the pregnancy protections and policies on their websites, and additional ongoing costs in the low millions of dollars each year to provide accommodations to students. The extent of the ongoing costs would depend on several factors, including the number of students that require an accommodation and the compensation level for the faculty providing instruction to the students.
• The Chancellor’s Office estimates one-time General Fund costs of $12,000 to $24,000 to issue guidance on the updated policy requirements.
• The CSU indicates there could be additional, unknown General Fund costs each year for campuses to update and distribute policies and provide training. However, the CSU indicates that much of this bill reflects updates already adopted pursuant to the 2024 Biden administration Title IX regulations.
• The UC indicates that the bill’s costs would be minor and absorbable since it has already implemented or is in the process of implementing these Title iX requirements.

Background:

Existing law prohibits an institution of higher education that receives federal financial assistance from discriminating in its education program or activity against any student based on the student’s current, potential, or past pregnancy or related conditions. The law provides that an institution of higher education does not engage in prohibited discrimination when it allows a student, based on pregnancy or related conditions, to voluntarily participate in a separate portion of its education program or activity provided the recipient ensures that the separate portion is comparable to that offered to students who are not pregnant and do not have related conditions.

Existing law provides that it is the policy of the State of California that all persons, regardless of their sex, should enjoy freedom from discrimination of any kind, including, but not limited to, pregnancy discrimination as described in Title IX, in the postsecondary educational institutions of the state.

Existing law applies each of the following requirements to postsecondary educational institutions in California (a campus of the University of California (UC), the California State University (CSU), or the California Community Colleges (CCC), a private postsecondary educational institution, or an independent institution of higher education that receives state financial assistance):

1. A postsecondary educational institution, including the faculty, staff, or other employees of the institution, shall not do any of the following solely due to pregnancy or pregnancy-related issues: require a graduate student to take a leave of absence or withdraw from the graduate program or limit the student’s graduate studies.
   
2. A postsecondary educational institution, including the faculty, staff, or other employees of the institution, shall reasonably accommodate pregnant graduate students so they may complete their graduate courses of study and research. A reasonable accommodation within the meaning of this requirement may include, but is not necessarily limited to, allowances for the pregnant student’s health and safety, such as allowing the student to maintain a safe distance from hazardous substances, allowing the student to make up tests and assignments that are missed for pregnancy-related reasons, or allowing the student to take a leave of absence. Reasonable accommodation shall include excusing absences that are medically necessary, as required under Title IX.
   

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

Existing law requires each public postsecondary educational institution to notify pregnant and parenting students of the protections provided by Title IX through prominently posting a notice of the Title IX protections on the institution’s internet website.

Proposed Law:

This bill provides that all students have the right to participate fully in the educational process free from discrimination and harassment and specifies that it is the policy of the State of California that all persons shall enjoy freedom from discrimination of any kind, including, but not limited to, pregnancy discrimination.

This bill provides that a postsecondary educational institution shall not discriminate against a student based on the student’s current, potential, or past pregnancy or pregnancy-related conditions. It specifies that a postsecondary educational institution has not committed discrimination when it permits a student, based on pregnancy or pregnancy-related conditions, to voluntarily participate in a separate portion of an education program or activity, if the postsecondary educational institution ensures that the separate portion is comparable to the education program or activity offered to students who are not pregnant and do not have pregnancy-related conditions.

This bill specifies that a postsecondary educational institution, including the faculty, staff, or other employees of the institution, shall not do any of the following solely due to pregnancy or pregnancy-related issues: require an undergraduate or graduate student to take a leave of absence or withdraw from an undergraduate or graduate program; or limit the student’s undergraduate or graduate studies.

This bill provides that a postsecondary educational institution shall require employees who are obligated to report pursuant to the institution’s nondiscrimination policy, upon being directly informed by a student of the student’s pregnancy or pregnancy-related conditions, to give the student the coordinator’s contact information and inform the student that the coordinator, or their designee, can coordinate specific actions to prevent sex discrimination by ensuring that the student has equal access to educational programs offered by the postsecondary educational institution.

This bill requires a postsecondary educational institution, through the coordinator and, if necessary, in coordination with the institution’s Title IX office, to provide reasonable accommodations to a pregnant student or a recently pregnant student to support the student’s ability to complete their undergraduate or graduate courses of study and research.  In determining appropriate accommodations, the coordinator, or their designee, shall consult with the student. 

This bill specifies that reasonable accommodations may include, but are not limited to, all of the following: breaks during class to express breast milk, breast feed, or attend to health needs associated with pregnancy or pregnancy-related conditions, including eating, drinking, or using the restroom; intermittent absences to attend medical appointments; if readily available, access to online education; changes in schedule or course sequence; time extensions for coursework and rescheduling of tests and examinations; being allowed to sit or stand, or carry or keep water nearby;  mental health counseling as provided by the institution to all students; changes in physical space or supplies in the educational classroom; elevator access; other accommodations for the pregnant student’s health or safety; allowing the student to take a leave of absence that is not medically necessary; and other changes to the postsecondary educational institution’s policies, practices, or procedures. The bill provides that an accommodation is not considered reasonable if the postsecondary educational institution determines the accommodation would fundamentally alter the nature of its education program or activity. The determination as to whether the requested accommodation would fundamentally alter the nature of the education program shall be made in consultation with relevant faculty, administrators, the postsecondary educational institution’s coordinator, and, if necessary, the institution’s Title IX coordinator.

This bill specifies that a student may voluntarily accept or reject any reasonable accommodation offered pursuant to this section, and provides that if a student accepts a reasonable accommodation offered pursuant to this section, the institution shall implement it as soon as practicable.

This bill provides that a postsecondary educational institution shall offer to an undergraduate or graduate pregnant student or an undergraduate or graduate student who has recently given birth a voluntary leave of absence, as specified. It also provides that a postsecondary educational institution shall offer to an undergraduate or graduate student who is not the birth parent a voluntary leave of absence, as specified, because of the birth, adoption, or placement of the student’s child.

This bill provides that an enrolled undergraduate or graduate student in good academic standing who chooses to take a voluntary leave of absence because the student is pregnant , or has recently given birth,  shall return to the their undergraduate or graduate program in good academic standing following a leave period consistent with the policies of the postsecondary educational institution,  or of up to one academic year, whichever period is longer, subject to the reasonable administrative requirements of the institution, unless there is a medical reason for a longer absence, in which case the student’s standing in the undergraduate or graduate program shall be maintained during that period of absence. Upon the student’s return to the undergraduate or graduate program, the student shall be reinstated, as practicable, to the extracurricular and employment status with the postsecondary educational institution the student held before their voluntary leave of absence began. 

This bill provides that an enrolled undergraduate or graduate student in good academic standing who is not the birth parent and who chooses to take a voluntary leave of absence because of the birth, adoption, or placement of the student’s child shall return to their undergraduate or graduate program in good academic standing following a leave period consistent with the policies of the postsecondary educational institution  or of up to one month, whichever period is longer, subject to the reasonable administrative requirements of the postsecondary educational institution. Upon the student’s return to the undergraduate or graduate program, the student shall be reinstated, as practicable, to the extracurricular and employment status with the postsecondary educational institution the student held before their voluntary leave of absence began. 

This bill requires a postsecondary educational institution to provide a pregnant or recently pregnant student access to a private and secure lactation room, as specified.

Staff Comments:

According to the Senate Education Committee Analysis for this bill, the implementation and enforcement of Title IX are largely prescribed by federal regulations and a “Dear Colleague” letter which provides additional clarity as to the types of accommodations and protections a college or university must provide to a student who is pregnant or experiencing pregnancy-like conditions. The 2013 “Dear Colleague” letter and additional guidance prohibited a college or university from separating a pregnant student into an alternative education program, prohibited a college or university from requiring medical documentation for continual participation in educational programs, and stated accommodations are required to preserve equal access for pregnant students.

In 2020, the Trump Administration finalized new Title IX regulations, which changed the manner in which postsecondary education institutions were required to address sex discrimination and sexual harassment on campus. The 2020 Title IX regulations prohibited a higher education institution from denying admission to a student based on pregnancy or pregnancy-related conditions, and extended protections to include pregnant employees at higher education institutions. The 2020 regulations provided protections for pregnant students and students with pregnancy-related conditions. The Biden Administration then issued a Title IX regulation to be implemented in August of 2024 which provided broad protections for pregnancy-related conditions. However, because of litigation, the 2024 Title IX regulations ended nationwide. The U.S. Department of Education issued a “Dear Colleague” letter on February 4, 2025 specifying that Title IX would be enforced pursuant to the 2020 Title IX regulations.

This bill proposes to add protections against discrimination for pregnancy-related conditions for undergraduate students and to update the law to provide more protections for graduate students as well. According to the author, “California has long been a leader in advancing the civil rights of students in order to preserve educational equity on campus. AB 1098 would amend the California Education Code to provide parity between undergraduate and graduate students who are experiencing a pregnancy or pregnancy conditions. The Education Code provides protections for graduate students to take a leave of absences but it does not provide the same protections to undergraduate students. Every student should be afforded equal rights and opportunities in postsecondary education institution regardless of their disability, gender, gender identity, gender expression, nationality, race or ethnicity, religion, sexual orientation, immigration status, or pregnancy/pregnancy–related condition. AB 1098 codifies this basic right and provides tangible guidance for colleges and universities for how to provide equal access under the law for pregnant students and for those who are experiencing pregnancy–related conditions.”

-- END --

SENATE JUDICIARY COMMITTEE

Senator Thomas Umberg, Chair

2025-2026 Regular Session

Bill No: AB 1098 (Author:Fong)

Version: July 3, 2025

Hearing Date: July 15, 2025

Fiscal: Yes

Urgency: No

Consultant: ME

SUBJECT

Postsecondary education: undergraduate and graduate students: pregnancy or pregnancy-related issues

DIGEST

This bill protects undergraduate and graduate postsecondary educational institution students from discrimination based on pregnancy and pregnancy-related conditions, as specified.

EXECUTIVE SUMMARY

Current California law provides protections for graduate students from discrimination for pregnancy and pregnancy related conditions. This bill strengthens these protections and also provides that undergraduate students are also entitled to these protections. The author and supporters of the bill assert that federal anti-discrimination protections for this population of students have weakened and therefore the author brings this bill to provide robust protections in state law.

AB 1098 is author sponsored and supported by the Student Senate for California Community Colleges, California State Student Association, Public Counsel’s Audrey Irmas Gender Justice Project, and several organizations that support children and parents. The Committee has not received timely opposition to the bill. This bill passed out of the Senate Education Committee with a vote of 7 to 0.

PROPOSED CHANGES TO THE LAW

Existing law:

1. Prohibits an institution of higher education that receives federal financial assistance from discriminating in its education program or activity against any student based on the student’s current, potential, or past pregnancy or related conditions. (34 CFR § 106.40.)
2. Provides that an institution of higher education does not engage in prohibited discrimination when it allows a student, based on pregnancy or related conditions, to voluntarily participate in a separate portion of its education program or activity provided the recipient ensures that the separate portion is comparable to that offered to students who are not pregnant and do not have related conditions. (Id.)
3. Defines “pregnancy related conditions” to mean: pregnancy, childbirth, termination of pregnancy, or lactation; medical conditions related to pregnancy, childbirth, termination of pregnancy, or lactation; or recovery from pregnancy, childbirth, termination of pregnancy, lactation, or related medical conditions. (34 CFR § 106.1.)
4. Specifies that it is the policy of the State of California that all persons, regardless of their sex, should enjoy freedom from discrimination of any kind, including, but not limited to, pregnancy discrimination as described in Title IX, in the postsecondary educational institutions of the state. (Ed. Code § 66281.7.)
5. Provides that a postsecondary educational institution, including the faculty, staff, or other employees of the institution, shall not do either of the following solely due to pregnancy or pregnancy-related issues: require a graduate student to take a leave of absence or withdraw from the graduate program; or limit the student’s graduate studies. (Ed. Code § 66281.7.)
6. Provides that a postsecondary educational institution, including the faculty, staff, or other employees of the institution, shall reasonably accommodate pregnant graduate students so they may complete their graduate courses of study and research. (Ed. Code § 66281.7.)
7. Reasonable accommodation within the meaning of 6), above, may include, but is not necessarily limited to, allowances for the pregnant student’s health and safety, such as allowing the student to maintain a safe distance from hazardous substances, allowing the student to make up tests and assignments that are missed for pregnancy-related reasons, or allowing the student to take a leave of absence. Reasonable accommodation shall include excusing absences that are medically necessary, as required under Title IX. (Ed. Code § 66281.7.)
8. Requires each postsecondary educational institution to have a written policy for graduate students on pregnancy discrimination and procedures for addressing pregnancy discrimination complaints under Title IX or state law and requires a copy of this policy to be made available to faculty, staff, and employees in their required training. Requires the policy to be made available to all graduate students attending orientation sessions at a postsecondary educational institution. (Ed. Code § 66281.7.)
9. Requires each public postsecondary educational institution to notify pregnant and parenting students of the protections provided by Title IX through prominently posting a notice of the Title IX protections on the institution’s internet website. (Ed. Code § 66281.7.)
10. Requires the CCCs and CSU, by January 1, 2020, and encourages a satellite campus of these systems 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 and lists reasonable accommodations. (Ed. Code § 66271.9.)

1. Prohibits students from incurring an academic penalty as a result of their use of the reasonable accommodations, and requires students be provided the opportunity to make up any work missed due to such use. (Ed. Code § 66271.9.)

This bill:

1. Provides that all students have the right to participate fully in the educational process free from discrimination and harassment and specifies that it is the policy of the State of California that all persons shall enjoy freedom from discrimination of any kind, including, but not limited to, pregnancy discrimination.
2. Defines “postsecondary educational institution” as a campus of the University of California, the California State University, or the California Community Colleges, or a private postsecondary educational institution or independent institution of higher education that receives state financial assistance or state student financial aid, as specified, and provides that the requirements of the bill shall apply to the University of California.
3. Defines “coordinator” as the employee designated by the postsecondary educational institution, as specified, or an employee who is responsible for implementing the postsecondary educational institution’s nondiscrimination policy as designated by the institution.
4. Requires the provisions of the bill to be implemented at each postsecondary educational institution on or before September 1, 2026 and requires the provisions of this bill to be implemented in compliance with state and federal laws.
5. Provides that a postsecondary educational institution shall not discriminate against a student based on the student’s current, potential, or past pregnancy or pregnancy-related conditions.
6. Specifies that a postsecondary educational institution has not committed discrimination when it permits a student, based on pregnancy or pregnancy-related conditions, to voluntarily participate in a separate portion of an education program or activity, if the postsecondary educational institution ensures that the separate portion is comparable to the education program or activity offered to students who are not pregnant and do not have pregnancy-related conditions.
7. Specifies that a postsecondary educational institution, including the faculty, staff, or other employees of the institution, shall not do any of the following solely due to pregnancy or pregnancy-related issues: require an undergraduate or graduate student to take a leave of absence or withdraw from an undergraduate or graduate program; or limit the student’s undergraduate or graduate studies.
8. Provides that a postsecondary educational institution shall require employees who are obligated to report pursuant to the institution’s nondiscrimination policy, upon being directly informed by a student of the student’s pregnancy or pregnancy-related conditions, to give the student the coordinator’s contact information and inform the student that the coordinator, or their designee, can coordinate specific actions to prevent sex discrimination by ensuring that the student has equal access to educational programs offered by the postsecondary educational institution.
9. Provides that a postsecondary educational institution, through the coordinator and, if necessary, in coordination with the institution’s Title IX office, shall provide reasonable accommodations to a pregnant student or a recently pregnant student to support the student’s ability to complete their undergraduate or graduate courses of study and research. In determining appropriate accommodations, the coordinator, or their designee, shall consult with the student. 
10. Specifies that reasonable accommodations may include, but are not limited to, all of the following: breaks during class to express breast milk, breast feed, or attend to health needs associated with pregnancy or pregnancy-related conditions, including eating, drinking, or using the restroom; intermittent absences to attend medical appointments; if readily available, access to online education; changes in schedule or course sequence; time extensions for coursework and rescheduling of tests and examinations; being allowed to sit or stand, or carry or keep water nearby;  mental health counseling as provided by the institution to all students; changes in physical space or supplies in the educational classroom; elevator access; other accommodations for the pregnant student’s health or safety; allowing the student to take a leave of absence that is not medically necessary; and other changes to the postsecondary educational institution’s policies, practices, or procedures.
11. Specifies that an accommodation is not considered reasonable if the postsecondary educational institution determines the accommodation would fundamentally alter the nature of its education program or activity. The determination as to whether the requested accommodation would fundamentally alter the nature of the education program shall be made in consultation with relevant faculty, administrators, the postsecondary educational institution’s coordinator, and, if necessary, the institution’s Title IX coordinator.
12. Specifies that a student may voluntarily accept or reject any reasonable accommodation offered pursuant to this section.
13. Provides that if a student accepts a reasonable accommodation offered pursuant to this section, the institution shall implement it as soon as practicable.
14. Provides that a postsecondary educational institution shall offer to an undergraduate or graduate pregnant student or an undergraduate or graduate student who has recently given birth a voluntary leave of absence, as specified.
15. Provides that a postsecondary educational institution shall offer to an undergraduate or graduate student who is not the birth parent a voluntary leave of absence, as specified, because of the birth, adoption, or placement of the student’s child.
16. Provides that if an undergraduate or graduate student chooses to take a voluntary leave of absence pursuant to 14) or 15), above, the student shall be informed by the postsecondary educational institution as to how the leave of absence may affect the student’s financial aid and, if applicable, the student’s visa status.
17. Provides that it is the intent of the Legislature, to the extent feasible for the postsecondary educational institution and in compliance with state and federal laws, for a postsecondary educational institution to ensure that the student’s voluntary leave of absence does not disrupt the continuation of institution-based financial aid upon the student’s return to the undergraduate or graduate program.
18. Provides that an enrolled undergraduate or graduate student in good academic standing who chooses to take a voluntary leave of absence because the student is pregnant , or has recently given birth,  shall return to the their undergraduate or graduate program in good academic standing following a leave period consistent with the policies of the postsecondary educational institution,  or of up to one academic year, whichever period is longer, subject to the reasonable administrative requirements of the institution, unless there is a medical reason for a longer absence, in which case the student’s standing in the undergraduate or graduate program shall be maintained during that period of absence. Upon the student’s return to the undergraduate or graduate program, the student shall be reinstated, as practicable, to the extracurricular and employment status with the postsecondary educational institution the student held before their voluntary leave of absence began. 
19. Provides that an enrolled undergraduate or graduate student in good academic standing who is not the birth parent and who chooses to take a voluntary leave of absence because of the birth, adoption, or placement of the student’s child shall return to their undergraduate or graduate program in good academic standing following a leave period consistent with the policies of the postsecondary educational institution  or of up to one month, whichever period is longer, subject to the reasonable administrative requirements of the postsecondary educational institution. Upon the student’s return to the undergraduate or graduate program, the student shall be reinstated, as practicable, to the extracurricular and employment status with the postsecondary educational institution the student held before their voluntary leave of absence began. 
20. Provides that a postsecondary educational institution shall provide a pregnant or recently pregnant student access to a private and secure lactation room, as specified.
21. Specifies that a postsecondary educational institution shall not require a student to provide supporting documentation before the postsecondary educational institution provides reasonable accommodations, as provided.
22. Requires each postsecondary educational institution to: adopt a written policy for students on pregnancy discrimination that includes procedures for accessing reasonable accommodations under this bill and for addressing pregnancy discrimination complaints for alleged noncompliance with this bill, as specified, and requires a copy of the policy to be provided to students, faculty, staff, and employees, as specified; and post a notice of the Title IX protections and the policies established pursuant to this bill, as specified.
23. Provides that if any provision of the act that adds this section conflicts with federal law, that provision shall be rendered inoperative for the duration of the conflict and without affecting the whole.

COMMENTS

1. Author and supporters’ stated need for the bill

According to the author:

California has long been a leader in advancing the civil rights of students in order to preserve educational equity on campus. AB 1098 would amend the California Education Code to provide parity between undergraduate and graduate students who are experiencing a pregnancy or pregnancy conditions. The Education Code provides protections for graduate students to take a leave of absences but it does not provide the same protections to undergraduate students. Every student should be afforded equal rights and opportunities in postsecondary education institution regardless of their disability, gender, gender identity, gender expression, nationality, race or ethnicity, religion, sexual orientation, immigration status, or pregnancy/pregnancy – related condition. AB 1098 codifies this basic right and provides tangible guidance for colleges and universities for how to provide equal access under the law for pregnant students and for those who are experiencing pregnancy – related conditions.

The Student Senate for California Community Colleges writes the following in support of the bill:

One in eight undergraduates in California are student parents, and roughly 100,000 CA undergraduates are raising a child 3 or younger. Without strong policies to support them, pregnant students often face difficulty getting changes they need to stay healthy while continuing their studies, including accessing excused absences for medical appointments. Students who are growing their family while in college also struggle to get time off to recover from birth or welcome a new child into their home. In 2014, the legislature (AB 2350, Bonilla) responded to these needs by establishing parental leave and pregnancy accommodations for graduate students, but the law left out undergraduates and relied heavily on the federally-enforced law Title IX.

AB 1098 would address these gaps by ensuring students in California have state anti-discrimination protections and parental leave.

The Audrey Irmas Gender Justice Project at Public Counsel writes the following in support of the bill:

AB 1098 is an important measure that ensures undergraduates are provided the same rights and accommodations that are presently provided only to graduate students. In addition, the bill strengthens protections for both groups and requires colleges and universities to have more robust and effective means of informing students about their rights under federal and state law.

As an organization committed to advancing equality for women and gender-expansive people, we believe AB 1098 will further the Gender Justice Project's mission to support students experiencing gender-based discrimination and harassment in educational institutions. AB 1098 would ensure that all pregnant and parenting students in California have state anti-discrimination protections and parental leave, thereby strengthening families and improving health, education, and general prosperity for entire communities.

Pregnant and parenting students should be afforded every opportunity to pursue their academic goals and be protected from any bias or discrimination based on the student’s pregnancy or pregnancy-related conditions. AB 1098 provides certainty for these students by prohibiting a college from requiring an undergraduate or graduate student to take a leave of absence or withdraw from an undergraduate or graduate program because of their pregnancy, or otherwise limit the student’s studies, because the student is pregnant or experiencing pregnancy-related conditions.

While students may request accommodation for bonding with a newborn or adopted infant or child, women are most susceptible to unjust conditions and the lack of accommodations that may ultimately drive them to withdraw from their studies and forgo their higher education goals.

AB 1098 protects the basic rights of pregnant students and provides important guidance for colleges and universities to ensure they provide equal access under the law for pregnant students and for those who are experiencing pregnancy – related conditions.

Lastly, the measure ensures colleges and universities inform students about their rights under federal and state law, thereby increasing the likelihood that they will seek the assistance of the Title IX coordinator to pursue those rights.

2. The bill provides pregnancy related condition protections for graduate students and undergraduate students in light of the Trump Administration’s clawing back of rights for this population

According to the Senate Education Committee Analysis for this bill:

The implementation and enforcement of Title IX are largely prescribed by federal regulations and a “Dear Colleague” letter. In 2013, the Obama Administration issued a “Dear colleague” letter providing additional clarity as to the types of accommodations and protections a college or university must provide to a student who is pregnant or experiencing pregnancy-like conditions. The 2013 “Dear Colleague” letter and additional guidance prohibited a college or university from separating a pregnant student into an alternative education program, prohibited a college or university from requiring medical documentation for continual participation in educational programs, and stated accommodations are required to preserve equal access for pregnant students.

In 2020, the Trump Administration finalized new Title IX regulations, which changed the manner in which postsecondary education institutions were required to address sex discrimination and sexual harassment on campus. The 2020 Title IX regulations prohibited a higher education institution from denying admission to a student based on pregnancy or pregnancy-related conditions, and extended protections to include pregnant employees at higher education institutions.

The 2020 regulations provided protections for pregnant students and students with pregnancy-related conditions. The Biden Administration then issued a Title IX regulation to be implemented in August of 2024. The Biden regulations provided broad protections for pregnancy-related conditions. As explained by the Senate Education Committee:

For pregnant students or students with pregnancy-related condition, the 2024 regulations provided the following:

1. A requirement to notify the Title IX coordinator of a student’s pregnancy or pregnancy related condition or to at least provide the student with the coordinator’s contact information;
2. Specific actions each institution must undertake to prevent discrimination and to ensure equal access – this is the first iteration of required modifications to an educational program beyond medical leave.
3. Defined for institutions reasonable modifications a campus could provide a student;
4. Extended voluntary leave of absence and clarity on the reinstatement process;
5. Lactation space; and,
6. Limitations on the required supporting documentation a student must provide to receive modifications.

Because of litigation^[1] the 2024 Title IX regulations ended nationwide. The U.S. Department of Education issued a “Dear Colleague” letter on February 4, 2025 specifying that Title IX would be enforced pursuant to the 2020 Title IX regulations.

In response to these lessened protections the author proposes this bill to bridge the gap and ensure that there are robust protections against discrimination for pregnancy-related conditions for undergraduate students and to update the law to provide more protections for graduate students as well.

Currently, the California Equity in Higher Education Act provides protections to and accommodations for graduate students who are pregnant or have recently given birth and provides protections and accommodations for a graduate student who is not the birth parent.

AB 1098 specifies that postsecondary educational institutions may not discriminate against a student based on the student’s current, potential, or past pregnancy or pregnancy-related conditions. The bill prohibits a postsecondary educational institution from requiring an undergraduate or graduate student to take a leave of absence or withdraw from an undergraduate or graduate program or limit the student’s undergraduate or graduate studies. The institutions must take specified steps to make students aware of their protections and conduct outreach to ensure that students are able to be provided accommodations.

Under the bill, postsecondary educational institutions must provide reasonable accommodations to a pregnant student or a recently pregnant student to support the student’s ability to complete their undergraduate or graduate courses of study and research. The bill specifies what some of the reasonable accommodations may include. The accommodations could, among other things, include: breaks during class to express breast milk, breast feed, or attend to health needs associated with pregnancy or pregnancy-related conditions, including eating, drinking, or using the restroom; intermittent absences to attend medical appointments; if readily available, access to online education; changes in schedule or course sequence; time extensions for coursework and rescheduling of tests and examinations; being allowed to sit or stand, or carry or keep water nearby; mental health counseling as provided by the institution to all students; changes in physical space or supplies in the educational classroom; elevator access; other accommodations for the pregnant student’s health or safety; allowing the student to take a leave of absence that is not medically necessary; and other changes to the postsecondary educational institution’s policies, practices, or procedures.

The bill also requires the institution to offer to an undergraduate or graduate pregnant student or an undergraduate or graduate student who has recently given birth a voluntary leave of absence. The bill also requires the institution to offer an undergraduate or graduate student who is not the birth parent a voluntary leave of absence because of the birth, adoption, or placement of the student’s child. The postsecondary educational institution must inform the student as to how the leave of absence may affect the student’s financial aid and, if applicable, the student’s visa status. The bill provides that it is the intent of the Legislature, to the extent feasible for the postsecondary educational institution and in compliance with state and federal laws, for a postsecondary educational institution to ensure that the student’s voluntary leave of absence does not disrupt the continuation of institution-based financial aid upon the student’s return to the undergraduate or graduate program. The bill also requires that an enrolled undergraduate or graduate student in good academic standing who chooses to take a voluntary leave of absence because the student is pregnant, or has recently given birth, or is not the birth parent but who chooses to take a voluntary leave of absence because of the birth, adoption, or placement of the student’s child, shall return to the their undergraduate or graduate program in good academic standing following a leave period. Upon the student’s return to the undergraduate or graduate program, the student shall be reinstated, as practicable, to the extracurricular and employment status with the postsecondary educational institution the student held before their voluntary leave of absence began.

SUPPORT

Alliance for Children’s Rights

American Association of University Women

American College of Obstetricians and Gynecologists

California Faculty Association

California State Student Association

California WIC Association

California Women’s Law Center

CFT-A Union of Educators & Classified Professionals, AFT, AFL-CIO

Early Edge California

EdTrust-West

Michelson Center for Public Policy

Public Counsel’s Audrey Irmas Gender Justice Project

Student Senate for California Community Colleges

OPPOSITION

None known

RELATED LEGISLATION

Pending Legislation: None known.

Prior Legislation:

AB 809 (Santiago, Ch. 265, Stats. 2019) required public postsecondary educational institutions to notify pregnant or parenting students of protections provided by Title IX and encouraged child development programs established by the public postsecondary educational institutions to give priority to children of students who are single parents.

AB 2350 (Bonilla, Ch. 637, Stats. 2014) prohibited postsecondary education institutions from requiring a graduate student to take a leave of absence, withdraw from a graduate program, or limit their studies due to pregnancy or pregnancy-related issues.

PRIOR VOTES:

Senate Education Committee (Ayes 7, Noes 0)

Assembly Floor (Ayes 79, Noes 0)

Assembly Appropriations Committee (Ayes 14, Noes 0)

Assembly Judiciary Committee (Ayes 12, Noes 0)

Assembly Higher Education Committee (Ayes 10, Noes 0)

**************

1. State of Tennessee v. Cardona, No. 2: 24-072DCR (E.D. Ky. Jan. 9, 2025) returned Title IX to 2020 regulations. The US Department of Education Office of Civil Rights issued a “Dear Colleague” letter to K-12 schools and higher education institutions confirming that “the United States Department of Education’s (ED) Office for Civil Rights (OCR) will enforce Title IX under the provisions of the 2020 Title IX Rule, rather than the 2024 Title IX Rule.” (See U.S. Dep’t of Educ., Dear Colleague Letter: Title IX Enforcement Directive (Jan. 31, 2025) available at https://www.ed.gov/media/document/title-ix-enforcement-directive-dcl [as of July 3, 2025].) ↑

SENATE JUDICIARY COMMITTEE

Senator Thomas Umberg, Chair

2025-2026 Regular Session

Bill No: AB 1098 (Author:Fong)

Version: July 3, 2025

Hearing Date: July 15, 2025

Fiscal: Yes

Urgency: No

Consultant: ME

SUBJECT

Postsecondary education: undergraduate and graduate students: pregnancy or pregnancy-related issues

DIGEST

This bill protects undergraduate and graduate postsecondary educational institution students from discrimination based on pregnancy and pregnancy-related conditions, as specified.

EXECUTIVE SUMMARY

Current California law provides protections for graduate students from discrimination for pregnancy and pregnancy related conditions. This bill strengthens these protections and also provides that undergraduate students are also entitled to these protections. The author and supporters of the bill assert that federal anti-discrimination protections for this population of students have weakened and therefore the author brings this bill to provide robust protections in state law.

AB 1098 is author sponsored and supported by the Student Senate for California Community Colleges, California State Student Association, Public Counsel’s Audrey Irmas Gender Justice Project, and several organizations that support children and parents. The Committee has not received timely opposition to the bill. This bill passed out of the Senate Education Committee with a vote of 7 to 0.

PROPOSED CHANGES TO THE LAW

Existing law:

1. Prohibits an institution of higher education that receives federal financial assistance from discriminating in its education program or activity against any student based on the student’s current, potential, or past pregnancy or related conditions. (34 CFR § 106.40.)
2. Provides that an institution of higher education does not engage in prohibited discrimination when it allows a student, based on pregnancy or related conditions, to voluntarily participate in a separate portion of its education program or activity provided the recipient ensures that the separate portion is comparable to that offered to students who are not pregnant and do not have related conditions. (Id.)
3. Defines “pregnancy related conditions” to mean: pregnancy, childbirth, termination of pregnancy, or lactation; medical conditions related to pregnancy, childbirth, termination of pregnancy, or lactation; or recovery from pregnancy, childbirth, termination of pregnancy, lactation, or related medical conditions. (34 CFR § 106.1.)
4. Specifies that it is the policy of the State of California that all persons, regardless of their sex, should enjoy freedom from discrimination of any kind, including, but not limited to, pregnancy discrimination as described in Title IX, in the postsecondary educational institutions of the state. (Ed. Code § 66281.7.)
5. Provides that a postsecondary educational institution, including the faculty, staff, or other employees of the institution, shall not do either of the following solely due to pregnancy or pregnancy-related issues: require a graduate student to take a leave of absence or withdraw from the graduate program; or limit the student’s graduate studies. (Ed. Code § 66281.7.)
6. Provides that a postsecondary educational institution, including the faculty, staff, or other employees of the institution, shall reasonably accommodate pregnant graduate students so they may complete their graduate courses of study and research. (Ed. Code § 66281.7.)
7. Reasonable accommodation within the meaning of 6), above, may include, but is not necessarily limited to, allowances for the pregnant student’s health and safety, such as allowing the student to maintain a safe distance from hazardous substances, allowing the student to make up tests and assignments that are missed for pregnancy-related reasons, or allowing the student to take a leave of absence. Reasonable accommodation shall include excusing absences that are medically necessary, as required under Title IX. (Ed. Code § 66281.7.)
8. Requires each postsecondary educational institution to have a written policy for graduate students on pregnancy discrimination and procedures for addressing pregnancy discrimination complaints under Title IX or state law and requires a copy of this policy to be made available to faculty, staff, and employees in their required training. Requires the policy to be made available to all graduate students attending orientation sessions at a postsecondary educational institution. (Ed. Code § 66281.7.)
9. Requires each public postsecondary educational institution to notify pregnant and parenting students of the protections provided by Title IX through prominently posting a notice of the Title IX protections on the institution’s internet website. (Ed. Code § 66281.7.)
10. Requires the CCCs and CSU, by January 1, 2020, and encourages a satellite campus of these systems 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 and lists reasonable accommodations. (Ed. Code § 66271.9.)

1. Prohibits students from incurring an academic penalty as a result of their use of the reasonable accommodations, and requires students be provided the opportunity to make up any work missed due to such use. (Ed. Code § 66271.9.)

This bill:

1. Provides that all students have the right to participate fully in the educational process free from discrimination and harassment and specifies that it is the policy of the State of California that all persons shall enjoy freedom from discrimination of any kind, including, but not limited to, pregnancy discrimination.
2. Defines “postsecondary educational institution” as a campus of the University of California, the California State University, or the California Community Colleges, or a private postsecondary educational institution or independent institution of higher education that receives state financial assistance or state student financial aid, as specified, and provides that the requirements of the bill shall apply to the University of California.
3. Defines “coordinator” as the employee designated by the postsecondary educational institution, as specified, or an employee who is responsible for implementing the postsecondary educational institution’s nondiscrimination policy as designated by the institution.
4. Requires the provisions of the bill to be implemented at each postsecondary educational institution on or before September 1, 2026 and requires the provisions of this bill to be implemented in compliance with state and federal laws.
5. Provides that a postsecondary educational institution shall not discriminate against a student based on the student’s current, potential, or past pregnancy or pregnancy-related conditions.
6. Specifies that a postsecondary educational institution has not committed discrimination when it permits a student, based on pregnancy or pregnancy-related conditions, to voluntarily participate in a separate portion of an education program or activity, if the postsecondary educational institution ensures that the separate portion is comparable to the education program or activity offered to students who are not pregnant and do not have pregnancy-related conditions.
7. Specifies that a postsecondary educational institution, including the faculty, staff, or other employees of the institution, shall not do any of the following solely due to pregnancy or pregnancy-related issues: require an undergraduate or graduate student to take a leave of absence or withdraw from an undergraduate or graduate program; or limit the student’s undergraduate or graduate studies.
8. Provides that a postsecondary educational institution shall require employees who are obligated to report pursuant to the institution’s nondiscrimination policy, upon being directly informed by a student of the student’s pregnancy or pregnancy-related conditions, to give the student the coordinator’s contact information and inform the student that the coordinator, or their designee, can coordinate specific actions to prevent sex discrimination by ensuring that the student has equal access to educational programs offered by the postsecondary educational institution.
9. Provides that a postsecondary educational institution, through the coordinator and, if necessary, in coordination with the institution’s Title IX office, shall provide reasonable accommodations to a pregnant student or a recently pregnant student to support the student’s ability to complete their undergraduate or graduate courses of study and research. In determining appropriate accommodations, the coordinator, or their designee, shall consult with the student. 
10. Specifies that reasonable accommodations may include, but are not limited to, all of the following: breaks during class to express breast milk, breast feed, or attend to health needs associated with pregnancy or pregnancy-related conditions, including eating, drinking, or using the restroom; intermittent absences to attend medical appointments; if readily available, access to online education; changes in schedule or course sequence; time extensions for coursework and rescheduling of tests and examinations; being allowed to sit or stand, or carry or keep water nearby;  mental health counseling as provided by the institution to all students; changes in physical space or supplies in the educational classroom; elevator access; other accommodations for the pregnant student’s health or safety; allowing the student to take a leave of absence that is not medically necessary; and other changes to the postsecondary educational institution’s policies, practices, or procedures.
11. Specifies that an accommodation is not considered reasonable if the postsecondary educational institution determines the accommodation would fundamentally alter the nature of its education program or activity. The determination as to whether the requested accommodation would fundamentally alter the nature of the education program shall be made in consultation with relevant faculty, administrators, the postsecondary educational institution’s coordinator, and, if necessary, the institution’s Title IX coordinator.
12. Specifies that a student may voluntarily accept or reject any reasonable accommodation offered pursuant to this section.
13. Provides that if a student accepts a reasonable accommodation offered pursuant to this section, the institution shall implement it as soon as practicable.
14. Provides that a postsecondary educational institution shall offer to an undergraduate or graduate pregnant student or an undergraduate or graduate student who has recently given birth a voluntary leave of absence, as specified.
15. Provides that a postsecondary educational institution shall offer to an undergraduate or graduate student who is not the birth parent a voluntary leave of absence, as specified, because of the birth, adoption, or placement of the student’s child.
16. Provides that if an undergraduate or graduate student chooses to take a voluntary leave of absence pursuant to 14) or 15), above, the student shall be informed by the postsecondary educational institution as to how the leave of absence may affect the student’s financial aid and, if applicable, the student’s visa status.
17. Provides that it is the intent of the Legislature, to the extent feasible for the postsecondary educational institution and in compliance with state and federal laws, for a postsecondary educational institution to ensure that the student’s voluntary leave of absence does not disrupt the continuation of institution-based financial aid upon the student’s return to the undergraduate or graduate program.
18. Provides that an enrolled undergraduate or graduate student in good academic standing who chooses to take a voluntary leave of absence because the student is pregnant , or has recently given birth,  shall return to the their undergraduate or graduate program in good academic standing following a leave period consistent with the policies of the postsecondary educational institution,  or of up to one academic year, whichever period is longer, subject to the reasonable administrative requirements of the institution, unless there is a medical reason for a longer absence, in which case the student’s standing in the undergraduate or graduate program shall be maintained during that period of absence. Upon the student’s return to the undergraduate or graduate program, the student shall be reinstated, as practicable, to the extracurricular and employment status with the postsecondary educational institution the student held before their voluntary leave of absence began. 
19. Provides that an enrolled undergraduate or graduate student in good academic standing who is not the birth parent and who chooses to take a voluntary leave of absence because of the birth, adoption, or placement of the student’s child shall return to their undergraduate or graduate program in good academic standing following a leave period consistent with the policies of the postsecondary educational institution  or of up to one month, whichever period is longer, subject to the reasonable administrative requirements of the postsecondary educational institution. Upon the student’s return to the undergraduate or graduate program, the student shall be reinstated, as practicable, to the extracurricular and employment status with the postsecondary educational institution the student held before their voluntary leave of absence began. 
20. Provides that a postsecondary educational institution shall provide a pregnant or recently pregnant student access to a private and secure lactation room, as specified.
21. Specifies that a postsecondary educational institution shall not require a student to provide supporting documentation before the postsecondary educational institution provides reasonable accommodations, as provided.
22. Requires each postsecondary educational institution to: adopt a written policy for students on pregnancy discrimination that includes procedures for accessing reasonable accommodations under this bill and for addressing pregnancy discrimination complaints for alleged noncompliance with this bill, as specified, and requires a copy of the policy to be provided to students, faculty, staff, and employees, as specified; and post a notice of the Title IX protections and the policies established pursuant to this bill, as specified.
23. Provides that if any provision of the act that adds this section conflicts with federal law, that provision shall be rendered inoperative for the duration of the conflict and without affecting the whole.

COMMENTS

1. Author and supporters’ stated need for the bill

According to the author:

California has long been a leader in advancing the civil rights of students in order to preserve educational equity on campus. AB 1098 would amend the California Education Code to provide parity between undergraduate and graduate students who are experiencing a pregnancy or pregnancy conditions. The Education Code provides protections for graduate students to take a leave of absences but it does not provide the same protections to undergraduate students. Every student should be afforded equal rights and opportunities in postsecondary education institution regardless of their disability, gender, gender identity, gender expression, nationality, race or ethnicity, religion, sexual orientation, immigration status, or pregnancy/pregnancy – related condition. AB 1098 codifies this basic right and provides tangible guidance for colleges and universities for how to provide equal access under the law for pregnant students and for those who are experiencing pregnancy – related conditions.

The Student Senate for California Community Colleges writes the following in support of the bill:

One in eight undergraduates in California are student parents, and roughly 100,000 CA undergraduates are raising a child 3 or younger. Without strong policies to support them, pregnant students often face difficulty getting changes they need to stay healthy while continuing their studies, including accessing excused absences for medical appointments. Students who are growing their family while in college also struggle to get time off to recover from birth or welcome a new child into their home. In 2014, the legislature (AB 2350, Bonilla) responded to these needs by establishing parental leave and pregnancy accommodations for graduate students, but the law left out undergraduates and relied heavily on the federally-enforced law Title IX.

AB 1098 would address these gaps by ensuring students in California have state anti-discrimination protections and parental leave.

The Audrey Irmas Gender Justice Project at Public Counsel writes the following in support of the bill:

AB 1098 is an important measure that ensures undergraduates are provided the same rights and accommodations that are presently provided only to graduate students. In addition, the bill strengthens protections for both groups and requires colleges and universities to have more robust and effective means of informing students about their rights under federal and state law.

As an organization committed to advancing equality for women and gender-expansive people, we believe AB 1098 will further the Gender Justice Project's mission to support students experiencing gender-based discrimination and harassment in educational institutions. AB 1098 would ensure that all pregnant and parenting students in California have state anti-discrimination protections and parental leave, thereby strengthening families and improving health, education, and general prosperity for entire communities.

Pregnant and parenting students should be afforded every opportunity to pursue their academic goals and be protected from any bias or discrimination based on the student’s pregnancy or pregnancy-related conditions. AB 1098 provides certainty for these students by prohibiting a college from requiring an undergraduate or graduate student to take a leave of absence or withdraw from an undergraduate or graduate program because of their pregnancy, or otherwise limit the student’s studies, because the student is pregnant or experiencing pregnancy-related conditions.

While students may request accommodation for bonding with a newborn or adopted infant or child, women are most susceptible to unjust conditions and the lack of accommodations that may ultimately drive them to withdraw from their studies and forgo their higher education goals.

AB 1098 protects the basic rights of pregnant students and provides important guidance for colleges and universities to ensure they provide equal access under the law for pregnant students and for those who are experiencing pregnancy – related conditions.

Lastly, the measure ensures colleges and universities inform students about their rights under federal and state law, thereby increasing the likelihood that they will seek the assistance of the Title IX coordinator to pursue those rights.

2. The bill provides pregnancy related condition protections for graduate students and undergraduate students in light of the Trump Administration’s clawing back of rights for this population

According to the Senate Education Committee Analysis for this bill:

The implementation and enforcement of Title IX are largely prescribed by federal regulations and a “Dear Colleague” letter. In 2013, the Obama Administration issued a “Dear colleague” letter providing additional clarity as to the types of accommodations and protections a college or university must provide to a student who is pregnant or experiencing pregnancy-like conditions. The 2013 “Dear Colleague” letter and additional guidance prohibited a college or university from separating a pregnant student into an alternative education program, prohibited a college or university from requiring medical documentation for continual participation in educational programs, and stated accommodations are required to preserve equal access for pregnant students.

In 2020, the Trump Administration finalized new Title IX regulations, which changed the manner in which postsecondary education institutions were required to address sex discrimination and sexual harassment on campus. The 2020 Title IX regulations prohibited a higher education institution from denying admission to a student based on pregnancy or pregnancy-related conditions, and extended protections to include pregnant employees at higher education institutions.

The 2020 regulations provided protections for pregnant students and students with pregnancy-related conditions. The Biden Administration then issued a Title IX regulation to be implemented in August of 2024. The Biden regulations provided broad protections for pregnancy-related conditions. As explained by the Senate Education Committee:

For pregnant students or students with pregnancy-related condition, the 2024 regulations provided the following:

1. A requirement to notify the Title IX coordinator of a student’s pregnancy or pregnancy related condition or to at least provide the student with the coordinator’s contact information;
2. Specific actions each institution must undertake to prevent discrimination and to ensure equal access – this is the first iteration of required modifications to an educational program beyond medical leave.
3. Defined for institutions reasonable modifications a campus could provide a student;
4. Extended voluntary leave of absence and clarity on the reinstatement process;
5. Lactation space; and,
6. Limitations on the required supporting documentation a student must provide to receive modifications.

Because of litigation^[1] the 2024 Title IX regulations ended nationwide. The U.S. Department of Education issued a “Dear Colleague” letter on February 4, 2025 specifying that Title IX would be enforced pursuant to the 2020 Title IX regulations.

In response to these lessened protections the author proposes this bill to bridge the gap and ensure that there are robust protections against discrimination for pregnancy-related conditions for undergraduate students and to update the law to provide more protections for graduate students as well.

Currently, the California Equity in Higher Education Act provides protections to and accommodations for graduate students who are pregnant or have recently given birth and provides protections and accommodations for a graduate student who is not the birth parent.

AB 1098 specifies that postsecondary educational institutions may not discriminate against a student based on the student’s current, potential, or past pregnancy or pregnancy-related conditions. The bill prohibits a postsecondary educational institution from requiring an undergraduate or graduate student to take a leave of absence or withdraw from an undergraduate or graduate program or limit the student’s undergraduate or graduate studies. The institutions must take specified steps to make students aware of their protections and conduct outreach to ensure that students are able to be provided accommodations.

Under the bill, postsecondary educational institutions must provide reasonable accommodations to a pregnant student or a recently pregnant student to support the student’s ability to complete their undergraduate or graduate courses of study and research. The bill specifies what some of the reasonable accommodations may include. The accommodations could, among other things, include: breaks during class to express breast milk, breast feed, or attend to health needs associated with pregnancy or pregnancy-related conditions, including eating, drinking, or using the restroom; intermittent absences to attend medical appointments; if readily available, access to online education; changes in schedule or course sequence; time extensions for coursework and rescheduling of tests and examinations; being allowed to sit or stand, or carry or keep water nearby; mental health counseling as provided by the institution to all students; changes in physical space or supplies in the educational classroom; elevator access; other accommodations for the pregnant student’s health or safety; allowing the student to take a leave of absence that is not medically necessary; and other changes to the postsecondary educational institution’s policies, practices, or procedures.

The bill also requires the institution to offer to an undergraduate or graduate pregnant student or an undergraduate or graduate student who has recently given birth a voluntary leave of absence. The bill also requires the institution to offer an undergraduate or graduate student who is not the birth parent a voluntary leave of absence because of the birth, adoption, or placement of the student’s child. The postsecondary educational institution must inform the student as to how the leave of absence may affect the student’s financial aid and, if applicable, the student’s visa status. The bill provides that it is the intent of the Legislature, to the extent feasible for the postsecondary educational institution and in compliance with state and federal laws, for a postsecondary educational institution to ensure that the student’s voluntary leave of absence does not disrupt the continuation of institution-based financial aid upon the student’s return to the undergraduate or graduate program. The bill also requires that an enrolled undergraduate or graduate student in good academic standing who chooses to take a voluntary leave of absence because the student is pregnant, or has recently given birth, or is not the birth parent but who chooses to take a voluntary leave of absence because of the birth, adoption, or placement of the student’s child, shall return to the their undergraduate or graduate program in good academic standing following a leave period. Upon the student’s return to the undergraduate or graduate program, the student shall be reinstated, as practicable, to the extracurricular and employment status with the postsecondary educational institution the student held before their voluntary leave of absence began.

SUPPORT

Alliance for Children’s Rights

American Association of University Women

American College of Obstetricians and Gynecologists

California Alliance for Student Parent Success

California Competes: Higher Education for a Strong Economy

California Faculty Association

California State Student Association

California WIC Association

California Women’s Law Center

CFT-A Union of Educators & Classified Professionals, AFT, AFL-CIO

Early Edge California

EdTrust-West

Michelson Center for Public Policy

Public Counsel’s Audrey Irmas Gender Justice Project

Student Senate for California Community Colleges

OPPOSITION

None known

RELATED LEGISLATION

Pending Legislation: None known.

Prior Legislation:

AB 809 (Santiago, Ch. 265, Stats. 2019) required public postsecondary educational institutions to notify pregnant or parenting students of protections provided by Title IX and encouraged child development programs established by the public postsecondary educational institutions to give priority to children of students who are single parents.

AB 2350 (Bonilla, Ch. 637, Stats. 2014) prohibited postsecondary education institutions from requiring a graduate student to take a leave of absence, withdraw from a graduate program, or limit their studies due to pregnancy or pregnancy-related issues.

PRIOR VOTES:

Senate Education Committee (Ayes 7, Noes 0)

Assembly Floor (Ayes 79, Noes 0)

Assembly Appropriations Committee (Ayes 14, Noes 0)

Assembly Judiciary Committee (Ayes 12, Noes 0)

Assembly Higher Education Committee (Ayes 10, Noes 0)

**************

1. State of Tennessee v. Cardona, No. 2: 24-072DCR (E.D. Ky. Jan. 9, 2025) returned Title IX to 2020 regulations. The US Department of Education Office of Civil Rights issued a “Dear Colleague” letter to K-12 schools and higher education institutions confirming that “the United States Department of Education’s (ED) Office for Civil Rights (OCR) will enforce Title IX under the provisions of the 2020 Title IX Rule, rather than the 2024 Title IX Rule.” (See U.S. Dep’t of Educ., Dear Colleague Letter: Title IX Enforcement Directive (Jan. 31, 2025) available at https://www.ed.gov/media/document/title-ix-enforcement-directive-dcl [as of July 3, 2025].) ↑

SENATE COMMITTEE ON EDUCATION

Senator Sasha Renée Pérez, Chair

2025 - 2026 Regular

Bill No: AB 1098 Hearing Date: June 25, 2025

Subject: Postsecondary education: undergraduate and graduate students: pregnancy or pregnancy-related issues.

NOTE: This bill has been referred to the Committees on Education and Judiciary. A “do pass” motion should include referral to the Committee on Judiciary.

SUMMARY

This bill extends a pregnancy-related leave of absences to undergraduate students that are currently afforded to graduate students, and establishes a new definition for the type of pregnancy-related accommodations institutions of higher education are required to provide to students.

BACKGROUND

Existing law:

1. Prohibits an institution of higher education that receives federal financial assistance from discriminating in its education program or activity against any student based on the student’s current, potential, or past pregnancy or related conditions. (Code of Federal Regulations (CFR), Title 34, § 106.40)
   
2. Provides that an institution of higher education does not engage in prohibited discrimination when it allows a student, based on pregnancy or related conditions, to voluntarily participate in a separate portion of its education program or activity provided the recipient ensures that the separate portion is comparable to that offered to students who are not pregnant and do not have related conditions. (34 CFR § 106.40)
   
3. Defines “pregnancy or related conditions” to mean:
   
   1. Pregnancy, childbirth, termination of pregnancy, or lactation;
      
   2. Medical conditions related to pregnancy, childbirth, termination of pregnancy, or lactation; or,
      
   3. Recovery from pregnancy, childbirth, termination of pregnancy, lactation, or related medical conditions. (34 CFR § 106.1)
      
4. States that it is the policy of the State of California that all persons, regardless of their sex, should enjoy freedom from discrimination of any kind, including, but not limited to, pregnancy discrimination as described in Title IX, in the postsecondary educational institutions of the state. (Education Code (EC) § 66281.7)
   
5. Applies each of the following requirements to postsecondary educational institutions in California (a campus of the University of California (UC), the California State University (CSU), or the California Community Colleges (CCC), a private postsecondary educational institution, or an independent institution of higher education that receives state financial assistance):
   
   1. A postsecondary educational institution, including the faculty, staff, or other employees of the institution, shall not do any of the following solely due to pregnancy or pregnancy-related issues:
      
      1. Require a graduate student to take a leave of absence or withdraw from the graduate program.
         
      2. Limit the student’s graduate studies.
         
   2. A postsecondary educational institution, including the faculty, staff, or other employees of the institution, shall reasonably accommodate pregnant graduate students so they may complete their graduate courses of study and research.
      
      Reasonable accommodation within the meaning of this requirement may include, but is not necessarily limited to, allowances for the pregnant student’s health and safety, such as allowing the student to maintain a safe distance from hazardous substances, allowing the student to make up tests and assignments that are missed for pregnancy-related reasons, or allowing the student to take a leave of absence. Reasonable accommodation shall include excusing absences that are medically necessary, as required under Title IX. (EC § 66281.7)
      
6. Requires each postsecondary educational institution to have a written policy for graduate students on pregnancy discrimination and procedures for addressing pregnancy discrimination complaints under Title IX or state law. A copy of this policy shall be made available to faculty, staff, and employees in their required training. This policy shall be made available to all graduate students attending orientation sessions at a postsecondary educational institution. (EC § 66281.7)
   
7. Requires each public postsecondary educational institution to notify pregnant and parenting students of the protections provided by Title IX through prominently posting a notice of the Title IX protections on the institution’s internet website. (EC § 66281.7)
   
8. Requires the CCCs and CSU, by January 1, 2020, and encourages a satellite campus of these systems 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. Lists reasonable accommodations. (EC § 66271.9)
   
9. Prohibits students from incurring an academic penalty as a result of their use of the reasonable accommodations, and must be provided the opportunity to make up any work missed due to such use. (EC § 66271.9)

ANALYSIS

This bill:

1. Requires each postsecondary educational institution to adopt a written policy for students on pregnancy discrimination, and requires the policy to include procedures for accessing reasonable accommodations and for addressing pregnancy discrimination complaints for alleged noncompliance.
   
2. Requires the procedures for addressing pregnancy discrimination complaints to be consistent with the postsecondary educational institution’s procedures for addressing other forms of discrimination. Requires a copy of the policy to be emailed to students, faculty, staff, and employees at the beginning of each academic year.
   
3. Prohibits a postsecondary educational institution from discriminating against a student based on the student’s current, potential, or past pregnancy or pregnancy-related conditions. Deems that a postsecondary educational institution has not committed discrimination when it permits a student, based on pregnancy or pregnancy-related conditions, to voluntarily participate in a separate portion of an education program or activity, if the postsecondary educational institution ensures that the separate portion is comparable to the education program or activity offered to students who are not pregnant and do not have pregnancy-related conditions.
   
4. Modifies the state’s policy against discrimination to reference “current, potential, or past parental, family, or marital status,” rather than referencing pregnancy discrimination pursuant to Title IX.
   
5. Extends to undergraduate students the prohibitions against requiring a graduate student to take a leave of absence or withdraw, or against limiting a student’s studies. Extends reasonable accommodations and leaves of absence to undergraduate students.
   
6. Requires a postsecondary educational institution to require each responsible employee, as defined, upon being informed of a student’s pregnancy or pregnancy-related condition, to give the student the discrimination coordinator’s contact information and inform the student that the coordinator can coordinate specific actions to prevent sex discrimination by ensuring that the student has equal access to educational programs offered by the postsecondary educational institution.
   
7. Notwithstands existing law that applies provisions of the Education Code to the UC only to the extent the Regents make a provision applicable, and requires the provisions of this bill to apply to the UC.
   

Reasonable accommodations

1. Modifies provisions relative to reasonable accommodations to specify the institution is to provide reasonable accommodations through the institution’s discrimination coordinator.
   
2. Requires, rather than authorizes, reasonable accommodations to include specified actions, and expands such accommodations to also include (in addition to existing allowances for the pregnant student’s health and safety, such as allowing the student to maintain a safe distance from hazardous substances, allowing the student to make up tests and assignments that are missed for pregnancy-related reasons, allowing the student to take a leave of absence, or excusing absences that are medically necessary):
   
   1. Breaks during class to express breast milk, breast feed, or attend to health needs associated with pregnancy or pregnancy-related conditions, including eating, drinking, or using the restroom.
      
   2. Intermittent absences to attend medical appointments.
      
   3. Access to online or homebound education.
      
   4. Changes in schedule or course sequence.
      
   5. Being allowed to sit or stand, or carry or keep water nearby.
      
   6. Counseling.
      
   7. Changes in physical space or supplies.
      
   8. Elevator access.
      
   9. Allowing the student to take a leave of absence that is not medically necessary.
      
   10. Other changes to the postsecondary educational institution’s policies, practices, or procedures.
       
3. Provides that an accommodation that a postsecondary educational institution can demonstrate would fundamentally alter the nature of its education program or activity is not a reasonable accommodation.
   
4. Authorizes a student to voluntarily accept or reject any reasonable accommodation. If a student accepts a reasonable accommodation offered, the institution shall immediately implement it.
   
5. Prohibits a postsecondary educational institution from requiring a student to provide supporting documentation before the postsecondary educational institution provides reasonable accommodations, unless documentation is necessary and reasonable for the postsecondary educational institution to determine whether the reasonable accommodation is necessary to provide the student with equal access to education.
   
6. Requires a postsecondary educational institution to provide a pregnant or recently pregnant student access to a private and secure room for lactation.
   
7. Requires the discrimination coordinator to consult with the student in determining the accommodations to be provided.
   

Leaves of absence

1. Specifically requires a postsecondary educational institution to offer to an undergraduate or graduate pregnant student or an undergraduate or graduate student who has recently given birth a leave of absence.
   
2. Prohibits the postsecondary educational institution from reducing the student’s institution-based financial aid upon the student’s return from the voluntary leave of absence. This prohibition does not require the postsecondary educational institution to provide institution-based financial aid during the student’s voluntary leave of absence. However, it shall ensure that the student’s voluntary leave of absence does not disrupt the continuation of institution-based financial aid upon the student’s return to the undergraduate or graduate program. Upon the student’s return to the undergraduate or graduate program, the student shall be reinstated to the academic status and, as practicable, to the extracurricular and employment status the student held before their voluntary leave of absence began. 
   
3. Expands leaves of absence for students who are not the birth parent to include adoption or placement of the student’s child.

STAFF COMMENTS

1. Need for the bill. According to the author, “California has long been a leader in advancing the civil rights of students in order to preserve educational equity on campus. AB 1098 would amend the California Education Code to provide parity between undergraduate and graduate students who are experiencing a pregnancy or pregnancy conditions. The Education Code provides protections for graduate students to take a leave of absences but it does not provide the same protections to undergraduate students. Every student should be afforded equal rights and opportunities in postsecondary education institution regardless of their disability, gender, gender identity, gender expression, nationality, race or ethnicity, religion, sexual orientation, immigration status, or pregnancy/pregnancy–related condition. AB 1098 codifies this basic right and provides tangible guidance for colleges and universities for how to provide equal access under the law for pregnant students and for those who are experiencing pregnancy–related conditions.”
   
2. Backstory on Title IX regulations and pregnancy-related protections. The implementation and enforcement of Title IX are largely prescribed by federal regulations and a “Dear Colleague” letter. In 2013, the Obama Administration issued a “Dear colleague” letter providing additional clarity as to the types of accommodations and protections a college or university must provide to a student who is pregnant or experiencing pregnancy-like conditions. The 2013 “Dear Colleague” letter and additional guidance prohibited a college or university from separating a pregnant student into an alternative education program, prohibited a college or university from requiring medical documentation for continual participation in educational programs, and stated accommodations are required to preserve equal access for pregnant students.
   
   In 2020, the Trump Administration finalized new Title IX regulations, which changed the manner in which postsecondary education institutions were required to address sex discrimination and sexual harassment on campus. The 2020 Title IX regulations prohibited a higher education institution from denying admission to a student based on pregnancy or pregnancy-related conditions, and extended protections to include pregnant employees at higher education institutions. The 2020 regulations provided the following protections for all pregnant undergraduate and graduate students:
   
   1. Prohibited discrimination against a student based on the student’s sex, which includes a student’s pregnancy or pregnancy-related conditions. Defined pregnancy-related conditions as childbirth, false pregnancy, termination of pregnancy, and recovery;
      
   2. Required the college or university to provide the pregnant student with any medically necessary leave of absence as long as the leave is determined by the student’s physician;
      
   3. Required the college or university to provide supportive measures to pregnant students, provided that the supportive measures are comparable in nature with those provided to students who are temporarily disabled;
      
   4. Allowed a college to provide a separate educational program, but only if the student volunteers to participate and is not forced, and required the separate educational program to be comparable to the original educational program; and,
      
   5. Prohibited the requirement that a student must produce a physician certification for approval to participate in any educational program; unless, such physician certification is required of all participants.
      

In April 2024, the Biden Administration issued a new Title IX regulation with a delayed implementation date of August 2024. The 2024 Title IX regulations:

• 1. Updated the definition of discrimination on the basis of a student’s past, current or potential pregnancy, or pregnancy related condition. The 2024 definition for pregnancy-related conditions included: lactation, childbirth, termination of pregnancy, or recovery;
     
  2. Required the institution to provide pregnant students or those experiencing pregnancy-related conditions with the discrimination coordinator’s contact information so that the coordinator may inform the students of their rights to accommodations and protections from discrimination;
     
  3. Continued the ability for institutions to provide excused absences for medical reasons; however, the 2024 regulations permitted the leave to be passed on advice from any licensed medical provider and states the institution must reinstate the student to their prior academic, and if possible, extracurricular activities;
     
  4. Required institutions to provide students with reasonable modifications to existing educational programs in order to maintain access to educational programs; and,
     
  5. Required institutions to provide private, clean, non-bathroom space for students to lactate or breastfeed.
     

The 2024 Title IX regulations were challenged in court, and were subsequently vacated on January 9, 2025, when the United States District Court for the Eastern District of Kentucky issued a new ruling in State of Tennessee v. Cardona that effectively ended the enforcement and use of the 2024 Title IX regulations nationwide. On February 4, 2025, the United States Department of Education issued a “Dear Colleague” letter stating it would enforce Title IX with the 2020 Title IX regulations and with a definition of biological sex for sex discrimination.

The ruling to vacate the 2024 Title IX regulations does not result in a voiding of pregnancy-related protections, but leaves each college or university to decide which accommodations and leave of absences to provide. This bill essentially codifies in state law many of the pregnancy-related protections in the 2024 Title IX regulations by extending provisions to undergraduate students, defining the types of reasonable accommodations each campus must offer pregnant students, and identifying a designated coordinator to assist students in accessing accommodations. This bill also includes provisions that are not included in the 2024 regulations. In defining the types of reasonable accommodations each campus must offer pregnant students, this bill requires rather than authorizes such accommodations. Further, this bill requires an institution to offer a leave of absence to a student who is pregnant or who recently gave birth (as well as to a student who is not the birth parent).

1. Double-referred. The provisions of this bill do not appear to committee staff to conflict with the 2020 Title IX regulations. This bill is double-referred to the Senate Judiciary Committee for consideration of such issues.

SUPPORT

Alliance for Children’s Rights
American Association of University Women - California
American College of Obstetricians & Gynecologists - District IX
California Faculty Association
California Women’s Law Center
CFT- A Union of Educators & Classified Professionals, AFT, AFL-CIO
EdTrust-West
Public Counsel
Student Senate for California Community Colleges

OPPOSITION

None received

-- END --

ASSEMBLY THIRD READING

ATR Bill Id:AB 1098

Author:(Fong)

As Amended Ver:April 10, 2025

Majority vote

SUMMARY

Updates existing law to provide parity between pregnant undergraduate and graduate students by extending existing leave of absences to undergraduate students and adds a new definition for the type of accommodations a higher education institutions must provide to students who are pregnant or experiencing pregnancy conditions.

Major Provisions

1. Clarifies that it is the policy of the State of California that all persons, regardless of sex, should enjoy freedom from discrimination of any kind on postsecondary education campuses. Including, but not limited to discrimination on the bases a student's current, potential, or past parental, family or marital status.
2. Prohibits a postsecondary education institution from discriminating against a student based on the student's current, potential, or past pregnancy or pregnancy-related conditions.
3. Clarifies a postsecondary education institution has not committed discrimination when it permits a pregnant students or those experiencing pregnancy-related conditions to voluntarily participate in a separate portion of an education program or activity as long as the separate portion is comparable to the program offered to those who are not pregnant or experiencing pregnancy-related symptoms.
4. Prohibits a postsecondary education institutions from doing the following:
   1. Requiring an undergraduate or graduate student to take a leave of absences or withdraw from an undergraduate or graduate program, if the student is pregnant or is experiencing pregnancy-related symptoms; or,
   2. Limiting the student's undergraduate or graduate studies because the student is pregnant or experiencing pregnancy-related symptoms.
5. Requires a postsecondary education institution to do the following:
   1. Require each responsible employee, upon being informed of a student's pregnancy or pregnancy-related symptoms, to provide the student with the coordinator's contact information and to inform the student of the coordinator's ability to provide accommodations for the student to ensure the student retains equal access to the education program;
   2. Provide reasonable accommodations through the coordinator to any recently pregnant student, currently pregnant student or a student experiencing pregnancy-related symptoms. The reasonable accommodations are provided so the student may complete their undergraduate or graduate courses of study and research. At the very least, a postsecondary education institution is required to excuse a student's absences for medical reasons. When determining the type of accommodation to provide the coordinator is required to consult with the student. A student is permitted to reject or accept any reasonable accommodation and if a student accepts a reasonable accommodation, the postsecondary education institution is required to implement it. Defines the type of reasonable accommodations an institution may provide to a student, including, but not limited to breaks to express breast milk, access to online or homebound education, changes in the student's class schedule, absences that are not medically necessary, closer parking, elevator access, and other reasonable accommodations.
6. Clarifies that any accommodation requested by the student, that the postsecondary education institution can demonstrate would fundamentally alter the nature of the education program is not a reasonable accommodation.
7. Expands existing permissive leave of absences for graduate students to undergraduate students for both birthing (up to 12 months) and non-birthing parents (up to one month).
8. Requires for a postsecondary education institution to reinstate all students who elect to take a leave of absences due to pregnancy, pregnancy related conditions, or as the non-birthing parent, at the same academic status and as practical, to the same extracurricular status that the student held before their voluntary leave of absence began.
9. Prohibits the postsecondary education institution from reducing the student's institution-based financial aid upon their return from the voluntary leave of absence. Clarifies this prohibition does not require the postsecondary education institution from providing the financial aid during the student's leave of absence.
10. Requires a postsecondary education institution to provide a pregnant or recently pregnant student access to a private and secure room for lactation. The lactation room shall be consistent with existing requirements located in Education Code Section 66271.9.
11. Prohibits a postsecondary education institution from requiring a student to produce supporting documentation prior to the provision of reasonable accommodations by the institution; unless, supporting documentation is necessary and reasonable for the institution to determine if the reasonable accommodations are necessary to provide a student with equal access to education.
12. Requires each postsecondary educational institution to adopt a written policy on pregnancy discrimination consistent with the measure. The policy will include procedures for assessing reasonable accommodations and for the filing of complaints for alleged noncompliance.
13. Requires each postsecondary education institution to notify pregnant and parenting students of the protections afforded to them through Title IX and the California law. Requires each postsecondary education institution to post the requirements established above on the campus website.
14. Requires each postsecondary education institution with an on-campus medical center to provide notice of the protections provided by Title IX and established by the measure to students who request information on the policies or protections for pregnant students or students with children.
15. Defines the following
    1. "Postsecondary educational institutions" to mean a campus of the California Community Colleges (CCC), the California State University (CSU), the University of California (UC), private postsecondary educational institutions, or independent institutions of education that receive state financial assistance, as defined.
    2. "Coordinator" as the same employee who is required to process sexual harassment complaints pursuant to Education Code Section 66281.8.

COMMENTS

Existing protections for pregnant students. Title IX provides protections from sexual harassment and establishes a baseline commitment to ensure the restoration of equal access to education when sex-based barriers are established. One of these identified sex-based barriers is pregnancy or pregnancy-like conditions.

In 2020, the Trump Administration finalized new Title IX regulations, which changed the manner in which postsecondary education institutions were required to address sex discrimination and sexual harassment on campus. The new regulations prohibit a higher education institution from denying admission to a student based on pregnancy or pregnancy – related conditions. Furthermore, the Title IX protections provided to pregnant students extend to include pregnant employees at higher education institutions. Despite these existing protections, California colleges and universities have not provided adequate protections to students who are experiencing pregnancy or pregnancy – like conditions.

In September 2021, College of the Canyons entered into a resolution with the U.S. Department of Education Office for Civil Rights (OCR) after a student alleged the campus had violated Title IX because the pregnant student alleged she was denied the ability to make up course work missed due to labor and delivery. At the time of the allegation and resolution, Title IX included specified protections for pregnant students.

In 2018, OCR entered into a resolution with California State University East Bay, due to an allegation that a pregnant student had been discriminated against when the university failed to provide academic adjustments to ensure she could participate in the education program during her absences and failed to allow her to return to the same academic status. The resolution between the University and OCR included reimbursing the student her tuition and campus fees and removing the course from her transcript. The student was a graduate student in a post-graduate certificate program at CSU East Bay.

In both cases, additional clarity on the type of leave of absences, program modifications, and policies upon return to campus would have helped the institutions avoid potential violations of Title IX and allegations of discrimination. This measure seeks to provide such clarity for institutions by expanding the existing leave protections to undergraduate students and by defining reasonable accommodations or modifications, a college or university should provide to avoid discrimination claims. This measure would address the current gap in protections to students in both federal and state law by updating existing leave of absence requirements to include undergraduate students, defining the types of reasonable accommodations each campus is to offer pregnant students, and identifying a designated coordinator to assist students in accessing accommodations.

California has a history of taking national best practices when it comes to Title IX and codifying the practices to provide additional protections for students while also maintaining compliance with the existing federal regulations. This measure is an exercise in state rights to provide additional protections to pregnant students above and beyond the existing federal protections in order to prevent sex discrimination from occurring on college and university campuses.

According to the Author

As stated by the author, "California has long been a leader in advancing the civil rights of students in order to preserve educational equity on campus. AB 1098 would amend the California Education Code to provide parity between undergraduate and graduate students who are experiencing a pregnancy or pregnancy conditions. The Education Code provides protections for graduate students to take a leave of absences but it does not provide the same protections to undergraduate students. Every student should be afforded equal rights and opportunities in postsecondary education institution regardless of their disability, gender, gender identity, gender expression, nationality, race or ethnicity, religion, sexual orientation, immigration status, or pregnancy/pregnancy – related condition. AB 1098 codifies this basic right and provides tangible guidance for colleges and universities for how to provide equal access under the law for pregnant students and for those who are experiencing pregnancy – related conditions."

Arguments in Support

The California Commission on the Status of Women and Girls expresses their support, as "AB 1098 is necessary to provide all students, regardless of their academic level, the same protections and safeguards against discrimination due to pregnancy. We know parents with higher education backgrounds are better able to provide for their families. This bill will ensure pregnant students have the necessary systems of support in place to create a positive educational experience, subsequently creating pathways to success for future generations."

Additionally, the Pregnant Scholar states, "this bill could not have come at a better time. The Department of Education's Office of Civil Rights, which is tasked with enforcing Title IX protections for pregnant and parenting students, has been gutted. The San Francisco office was shuttered, leaving over a thousand cases in limbo and causing uncertainty as to whether the Department will investigate complaints. It is imperative that the state step in to provide the guidance our students and educational institutions are no longer receiving from the federal government. AB 1098 would prohibit at the state level discrimination based on the student's current, potential, or past pregnancy related condition or parental status—ensuring that our students are safe from attempts to roll back the scope of federal protections and enforcement. The bill's sections on pregnancy discrimination, medically necessary leave, and accommodations align with the Department's 2024 Title IX Rule, which was implemented following years of public comment and review. These provisions have received widespread support, and most CA educational institutions are already familiar with them. By enacting AB 1098, California can guarantee that our colleges and universities consistently provide equal educational opportunities to pregnant and parenting students, regardless of the turmoil in Washington."

Arguments in Opposition

None on file.

FISCAL COMMENTS

According to the Assembly Committee on Appropriations:

1. Ongoing Proposition 98 General Fund costs in the low millions of dollars for the California Community Colleges (CCC), collectively statewide, to adopt updated policies, post notices, and provide accommodations. Exact costs will depend on the extent to which a college's policies need updating relative to this bill's requirements and how many accommodations it already offers pregnant or recently pregnant students.
2. Minor one-time General Fund costs to the CCC Chancellor's Office to issue guidance on updated policy requirements.
3. Ongoing General Fund costs of an unknown amount, possibly in the tens of thousands of dollars, for the CSU campuses to update policies and training. The CSU indicates that much of this bill reflects updates already adopted pursuant to the 2024 Biden administration Title IX regulations which reduces potential for new costs.
4. Minor and absorbable General Fund costs to the UC campuses to update policies and training.

VOTES

ASM HIGHER EDUCATION: 10-0-0

YES: Fong, DeMaio, Boerner, Jeff Gonzalez, Jackson, Muratsuchi, Patel, Celeste Rodriguez, Sharp-Collins, Tangipa

ASM JUDICIARY: 12-0-0

YES: Kalra, Dixon, Bauer-Kahan, Bryan, Connolly, Harabedian, Macedo, Pacheco, Lee, Sanchez, Stefani, Zbur

ASM APPROPRIATIONS: 14-0-1

YES: Wicks, Arambula, Calderon, Caloza, Dixon, Elhawary, Fong, Mark González, Hart, Pacheco, Pellerin, Solache, Ta, Tangipa

ABS, ABST OR NV: Sanchez

UPDATED

VERSION: April 10, 2025

CONSULTANT: Ellen Cesaretti-Monroy / HIGHER ED. / (916) 319-3960 FN: 0000805

Date of Hearing: May 14, 2025

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Buffy Wicks, Chair

ABPCA Bill Id:AB 1098

Author:(Fong) – As Amended Ver:April 10, 2025

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

SUMMARY:

This bill extends the same sexual discrimination protections and leave of absence provisions to undergraduate students at a postsecondary educational institution (college) experiencing a current, potential, or past pregnancy or pregnancy-related condition as provided to graduate students and authorizes additional reasonable accommodations for these students.

Specifically, this bill requires a college to provide a student experiencing pregnancy or pregnancy-related symptoms with the college’s Title IX coordinator’s contact information and inform the student of the coordinator’s ability to provide accommodations. The bill also provides several reasonable accommodations for a pregnant student or recently pregnant student, such as lactation rooms, permission for intermittent absences for medical appointments, elevator access, an allowance for a leave of absence that is not medically necessary, and time extensions for coursework and rescheduling of tests and examinations. The bill prohibits a college from reducing a student’s institution-based financial aid upon the student’s return from a voluntary leave of absence.

FISCAL EFFECT:

1. Ongoing Proposition 98 General Fund costs in the low millions of dollars for the California Community Colleges (CCC), collectively statewide, to adopt updated policies, post notices, and provide accommodations. Exact costs will depend on the extent to which a college’s policies need updating relative to this bill’s requirements and how many accommodations it already offers pregnant or recently pregnant students.
2. Minor one-time General Fund costs to the CCC Chancellor’s Office to issue guidance on updated policy requirements.
3. Ongoing General Fund costs of an unknown amount, possibly in the tens of thousands of dollars, for the CSU campuses to update policies and training. The CSU indicates that much of this bill reflects updates already adopted pursuant to the 2024 Biden administration Title IX regulations which reduces potential for new costs.
4. Minor and absorbable General Fund costs to the UC campuses to update policies and training.

COMMENTS:

1. Purpose. According to the author:

AB 1098 will provide parity between undergraduate and graduate students who are experiencing a pregnancy or pregnancy conditions. While the Education Code provides protections for graduate students to take a leave of absences, it does not provide the same protections to undergraduate students. Every college student should have equal rights and opportunities regardless of disability, gender, gender identity, gender expression, nationality, race or ethnicity, religion, sexual orientation, immigration status, or pregnancy/pregnancy – related condition. AB 1098 codifies this basic right and provides tangible guidance for colleges and universities for how to provide equal access under the law for pregnant students and for those who are experiencing pregnancy – related conditions.

1. Background. The federal Title IX program, as well as parallel provisions in the California Education Code, prohibit discrimination against a student in any educational program, or denial of the benefits thereof, on the basis of sex. Both federal and state law define discrimination based on sex to include discrimination based on pregnancy or pregnancy-related conditions. For example, existing state law prohibits a college from requiring a pregnant graduate student to take a leave of absence who chooses not to take a leave. Instead, existing law requires a college to make reasonable accommodations for a pregnant graduate student, including permitting a student who chooses to do so to take a leave. Existing law also requires colleges to post these policies at various locations on campus and requires faculty and staff to have training on these policies. However, these requirements only protect graduate students experiencing pregnancy or pregnancy-related conditions, or who recently gave birth. This bill extends these same protections to undergraduate students who are pregnant or experiencing pregnancy-related conditions.

It is unclear to the committee why existing California law applies only to graduate students, though it seems it may be in an attempt to follow previous federal guidelines issued during the Obama administration. At the time the Legislature enacted provisions in 2014 to align with the federal guidelines, the limitation to graduate students reflected the Obama administration’s focus on increasing female graduate participation in science, technology, engineering, and mathematic (STEM) fields.

Title IX regulations and guidelines provided by both the Trump and Biden administrations provide similar protections for pregnant undergraduate and graduate students. The 2024 Biden administration regulations also required colleges to provide pregnant students or those experiencing pregnancy-related conditions with the Title IX coordinator’s contact information so that the Title IX coordinator could inform the students of their rights to accommodations and protections from discrimination. However, the Trump administration has rejected these additional regulations.

This bill largely follows federal guidelines, pursuant to 2020 regulations, by applying protections to both graduate and undergraduate students and by requiring colleges to more effectively inform students of their rights.

Analysis Prepared by: Aaron Heredia / APPR. / (916) 319-2081

Date of Hearing: April 22, 2025

ASSEMBLY COMMITTEE ON JUDICIARY

Ash Kalra, Chair

ABPCA Bill Id:AB 1098

Author:(Fong) – As Amended Ver:April 10, 2025

proposed consent

SUBJECT: Postsecondary education: undergraduate and graduate students: pregnancy or pregnancy-related issues

KEY ISSUE: Should rights and accommodations that existing law and policy afford to pregnant graduate students be extended to pregnant undergraduate students as well?

SYNOPSIS

The federal Title IX program, as well as parallel provisions in the California Education Code, provide that no person shall be discriminated against in any educational program, nor be denied the benefits thereof, on the basis of sex or gender. More specifically, for purposes of this bill, both federal and state law prohibit colleges and universities from discriminating against students for any reason related to a student’s pregnancy or pregnancy-related condition. Existing state law prohibits a college from requiring a pregnant graduate student to take a leave of absence who chooses not to take a leave, and, on other hand, it requires a college to make reasonable accommodations for a pregnant graduate student, including permitting a graduate student who chooses to do so to take a leave. Existing law also requires colleges to post these policies at various locations on campus and requires faculty and staff to be trained in those policies. However, these existing requirements only protect graduate students who are experiencing pregnancy or pregnancy-related conditions, or who recently gave birth. Existing laws and policies do not extend these same protections to undergraduate students who are pregnant or experiencing pregnancy-related conditions. This arguably leaves a gap in the law, considering that today’s undergraduates have a range of ages, and they need most, if not all, of the same accommodations as graduate students.

This bill fills the gap in existing law by extending the rights and accommodations to undergraduates that are presently provided only to the graduate students. In addition, the bill strengthens protections for both groups and requires colleges and universities to have more robust and effective means of informing students about the rights under federal and state law.

The bill recently passed the Assembly Higher Education Committee on consent. It is supported by a diverse group of educational, religious, and professional groups. There is no registered opposition to this bill.

SUMMARY: Expands existing law to provide parity between pregnant undergraduate and graduate students by extending existing leave of absences to undergraduate students and requiring other reasonable accommodations. Specifically, this bill:

1. Prohibits a postsecondary education institution (college) from discriminating against a student based on the student’s current, potential, or past pregnancy or pregnancy-related conditions. Specifies that a college has not committed discrimination when it permits pregnant students or those experiencing pregnancy-related conditions to voluntarily participate in a separate portion of an education program or activity as long as the separate portion is comparable to the program offered to others.
2. Prohibits a college from requiring an undergraduate or graduate student to take a leave of absence or withdraw from an undergraduate or graduate program, or otherwise limit the student’s studies, because the student is pregnant or experiencing pregnancy-related conditions.
3. Requires a college to require each responsible employee, upon being informed of a student’s pregnancy or pregnancy-related symptoms, to provide the student with the coordinator’s contact information and to inform the student of the coordinator’s ability to provide accommodations.
4. Requires a college to provide reasonable accommodations, as defined, through the coordinator to any recently pregnant student, currently pregnant student or a student experiencing pregnancy-related conditions. Specifies that any requested accommodation that fundamentally alters the nature of the education program is not a reasonable accommodation.
5. Requires a college to permit a leave of absence for pregnant graduate or undergraduate students who have recently given birth for a specified period of time, as specified.
6. Requires a college to permit a graduate or graduate student that is not the birth parent to take a leave of absence because of the birth of a child for a specified period of time, as specified.
7. Requires a college to provide a pregnant or recently pregnant student access to a private and secure lactation room, as specified.
8. Prohibits a college from requiring a student to produce supporting documentation prior to the provision of reasonable accommodations by the institution, unless supporting documentation is necessary to determine if reasonable accommodations are necessary.
9. Requires a college to have a written policy for students on procedures relating to pregnancy complaints and reasonable accommodations and to disseminate copies the policy to students, faculty, staff, and employees, as specified.
10. Defines “postsecondary educational institutions” to mean a campus of the California Community Colleges (CCC), the California State University (CSU), the University of California (UC), private postsecondary educational institutions, or independent institutions of education that receive state financial assistance.

EXISTING LAW:

1. Provides that no person in the United States will, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance except for specified circumstances including membership of fraternities and sororities. (20 U.S.C. Section 1681 et seq., commonly known as Title IX.)
2. Prohibits a college or university that receives funding from the federal government, from discriminating against or excluding a student from educational programs or activities based on the student’s pregnancy, childbirth, false pregnancy, termination of pregnancy, or recovery unless the student volunteers to participate in the separate program if the program is fundamentally the same as programs offered to other students. (34 CFR Section 106.40.)
3. Prohibits a college from requiring a graduate student to take a leave of absence or withdraw from the program or otherwise limit the student’s graduate studies because the student is pregnant or experiencing pregnancy-related conditions. Requires a college to provide reasonable accommodations to the pregnant graduate student so the student may complete their graduate program. Requires the policies regarding pregnancy protections to be posted in various locations on campus and requires employees to be trained on the policies. (Education Code Section 66281.7.)
4. Requires the CCC and the CSU, and encourages a satellite campus of CCC or CSU, and the UC, to provide reasonable privacy accommodations for a lactating student to express breast milk, breast-feed an infant child, or address other needs related to breast-feeding. (Education Section 66271.9.)

FISCAL EFFECT: As currently in print this bill is keyed fiscal.

COMMENTS: According to the author, California has long been a leader in advancing the civil rights of students in order to preserve educational equity on campus. AB 1098, the author believes, will “provide parity between undergraduate and graduate students who are experiencing a pregnancy or pregnancy conditions,” noting that while the Education Code provides protections for graduate students to take a leave of absences “it does not provide the same protections to undergraduate students.” Every college student, the author maintains, should have equal rights and opportunities “regardless of disability, gender, gender identity, gender expression, nationality, race or ethnicity, religion, sexual orientation, immigration status, or pregnancy/pregnancy – related condition. AB 1098 codifies this basic right and provides tangible guidance for colleges and universities for how to provide equal access under the law for pregnant students and for those who are experiencing pregnancy – related conditions.”

Existing Title IX and state law protections against discrimination. The federal Title IX program, as well as parallel provisions in the California Education Code, provide that no person shall be discriminated against in any educational program, or denied the benefits thereof, on the basis of sex. Both federal and state law define discrimination based on sex to include discrimination based on pregnancy or pregnancy-related conditions. For example, existing state law prohibits a college from requiring a pregnant graduate student to take a leave of absence who chooses not to take a leave. Conversely, existing law requires a college to make reasonable accommodations for a pregnant graduate student, including permitting a student who chooses to do so to take a leave. Existing law also requires colleges to post these policies at various locations on campus and requires faculty and staff to have training on these policies. However, these existing requirements only protect graduate students who are experiencing pregnancy or pregnancy-related conditions, or who recently gave birth. Existing laws and policies do not extend these same protections to undergraduate students who are pregnant or experiencing pregnancy-related conditions.

This bill fills the gap in existing law by extending the rights and accommodations to undergraduates that are presently provided only to graduate students. In addition, the bill strengthens protections for both groups and requires colleges and universities to have more robust and effective means of informing students about the rights under federal and state law.

Development and limitation of existing law. It is not entirely clear why existing California law applies only to graduate students, though it apparently reflected the state’s efforts to follow federal guidelines. In light of research showing that pregnancy was one the most common reasons that female students gave for dropping out of college, in 2013 the Obama administration issued a “Dear Colleague” letter that prohibited a college from separating a pregnant student into an alternative education program or requiring medical documentation for continual participation in educational programs. The letter also reiterated the requirement that colleges provide reasonable accommodations when necessary to preserve a pregnant student’s access to equal participation in educational programs. The following year, partly in response to this federal guidance, California enacted AB 2350 (Chap. 637, Stats. 2014), which required leaves of absence and reasonable accommodations for graduate students. According to the legislative findings and declarations in AB 2350, the limitation to graduate students reflected the Obama administration’s focus on increasing female graduate participation in science, technology, engineering, and mathematic (STEM) fields.

Despite the important and controversial differences between Title IX regulations and guidelines provided by the successive Trump and Biden administrations, both sets provided protections for pregnant students. As meticulously set forth in the Assembly Higher Education Committee’s fine analysis of this bill, the 2020 regulations finalized under the final year of the first Trump administration prohibited discrimination based on pregnancy and pregnancy-related conditions for both undergraduate and graduate students. In 2024, the Biden administration’s regulations strengthened these protections, specifying, for example, that pregnancy-related conditions included lactation, childbirth, termination of pregnancy, or recovery from pregnancy. The 2024 regulations also required colleges to provide pregnant students or those experiencing pregnancy-related conditions with the Title IX coordinator’s contact information so that the Title IX coordinator could inform the students of their rights to accommodations and protections from discrimination.

This bill, therefore, not only follows federal guidelines by applying protections to both graduate and undergraduate students, it also, consistent with federal guidelines, requires colleges to more effectively inform students of their rights and increases the likelihood that they will seek the assistance of the Title IX coordinator to pursue those rights.

ARGUMENTS IN SUPPORT: The California Commission on the Status of Women and Girls argues that AB 1098 is “necessary to provide all students, regardless of their academic level, the same protections and safeguards against discrimination due to pregnancy.” The Commission believes that “parents with higher education backgrounds are better able to provide for their families,” and AB 1098 “will ensure pregnant students have the necessary systems of support in place to create a positive educational experience, subsequently creating pathways to success for future generations.”

The California Catholic Conference (CCC) argues that AB 1098 will “protect undergraduate student parents from discrimination, ensuring that pregnant, expecting and parenting students are provided with their Title IX rights, reasonable accommodations, access to lactation rooms, and reinstatement for student parents after a leave of absence, and financial aid protection.” CCC adds that “no student should have to choose between her dreams of educational attainment and caring for her children. Providing more information about the rights of pregnant and parenting students and reasonable accommodations for student parents will help these excellent students achieve academic parity, maintain their benefits, and fulfill their parental responsibilities.”

REGISTERED SUPPORT / OPPOSITION:

Support

Alliance for Children's Rights

American College of Obstetricians & Gynecologists - District IX

California Catholic Conference

California Commission on the Status of Women and Girls

California Competes: Higher Education for a Strong Economy

California Faculty Association

California WIC Association

CFT – A Union of Educators & Classified Professionals, AFT, AFL-CIO

Center for Worklife Law

Early Edge California

Michelson Center for Public Policy

Opposition

None on file

Analysis Prepared by: Tom Clark / JUD. / (916) 319-2334

Date of Hearing: April 8, 2025

ASSEMBLY COMMITTEE ON HIGHER EDUCATION

Mike Fong, Chair

ABPCA Bill Id:AB 1098 (

Author:Fong) – As Introduced Ver:February 20, 2025

[Note: This bill is double referred to the Assembly Judiciary Committee, where the Committee will hear it as it relates to issues under its jurisdiction.]

SUBJECT: Postsecondary education: undergraduate and graduate students: pregnancy or pregnancy-related issues

SUMMARY: Updates existing law to provide parity between pregnant undergraduate and graduate students by extending existing leave of absences to undergraduate students and adds a new definition for the type of required accommodations higher education institutions must provide to students who are pregnant or experiencing pregnancy conditions. Specifically, this bill:

1. Clarifies that it is the policy of the State of California that all persons, regardless of sex, should enjoy freedom from discrimination of any kind on postsecondary education campuses. Including, but not limited to discrimination on the bases a student’s current, potential, or past parental, family or marital status as prohibited by Title IX of the Education Amendment of 1972.
2. Prohibits a postsecondary education institution from discriminating against a student based on the student’s current, potential, or past pregnancy or pregnancy-related conditions.
3. Clarifies a postsecondary education institution has not committed discrimination when it permits pregnant students or those experiencing pregnancy-related conditions to voluntarily participate in a separate portion of an education program or activity as long as the separate portion is comparable to the program offered to those who are not pregnant or experiencing pregnancy-related symptoms.
4. Prohibits a postsecondary education institutions from doing the following:
   1. Requiring an undergraduate or graduate student to take a leave of absences or withdraw from an undergraduate or graduate program, if the student is pregnant or is experiencing pregnancy-related symptoms; or,
   2. Limiting the student’s undergraduate or graduate studies because the student is pregnant or experiencing pregnancy-related symptoms.
5. Requires a postsecondary education institution to do the following:
   1. Require each responsible employee, upon being informed of a student’s pregnancy or pregnancy-related symptoms, to provide the student with the Title IX coordinator’s contact information and to inform the student of the Title IX coordinator’s ability to provide accommodations for the student to ensure the student retains equal access to the education program;
   2. Provide reasonable accommodations through the Title IX coordinator to any recently pregnant student, currently pregnant student or a student experiencing pregnancy-related symptoms. The reasonable accommodations are provided so the student may complete their undergraduate or graduate courses of study and research. At the very least, a postsecondary education institution is required to excuse a student’s absences for medical reasons. A reasonable accommodation will be based on the individual student’s need and in determining the accommodation, the Title IX coordinator will consult with the student. A student is permitted to reject or accept any reasonable accommodation and if a student accepts a reasonable accommodation, the postsecondary education institution is required to implement it. Defines the following reasonable accommodations as being permissible:
      1. Breaks during class to express breast milk, breast feed, or attend to health needs associated with pregnancy or pregnancy related conditions (includes eating, drinking, or using the restroom);
      2. Intermittent absences to attend medical appointments;
      3. Access to online or homebound education;
      4. Changes to schedule or course sequences;
      5. Time extensions for coursework and rescheduling of tests and examinations;
      6. Being allowed to sit or stand or carry or keep water nearby;
      7. Counseling;
      8. Changes in physical space or supplies;
      9. Elevator access;
      10. Other accommodations for the pregnant student’s health or safety;
      11. Allowing the student to take a leave of absence;
      12. Other changes to the postsecondary educational institution’s policies, practices, or procedures.
6. Clarifies that any accommodation requested by the student, that the postsecondary education institution can demonstrate would fundamentally alter the nature of the education program is not a reasonable accommodation.
7. Requires a postsecondary education institution to permit a leave of absences for pregnant graduate students or undergraduate students who has recently given birth for a period consistent with the time deemed medically necessary by the student’s licensed healthcare provider or a period of 12 months, whichever period of time is longer. The purpose of the period of time is for the student to prepare for and take preliminary and qualifying examinations. An additional extension of 12 months will be added towards the time to degree for those who take a leave of absences unless a longer extension is medically necessary.
8. Requires for a postsecondary education institution, if a graduate student takes a leave of absences as permitted in (7), to reinstate the student at the same academic status and as practical, to the same extracurricular status that the student held before their voluntary leave of absence began.
9. Requires a postsecondary education institution to permit a leave of absences for pregnant undergraduate students or undergraduate students who has recently given birth for a period consistent with the time deemed medically necessary by the student’s licensed healthcare provider or a period of 12 months, whichever period of time is longer.
10. Prohibits the postsecondary education institution from reducing the undergraduate student’s institution-based financial aid upon the undergraduate student’s return from the voluntary leave of absence. The postsecondary education institution will ensure the undergraduate student’s leave of absence will not disrupt the undergraduate student’s institution-based financial aid, and clarifies this prohibition does not require the postsecondary education institution from providing the financial aid during the undergraduate student’s leave of absence.
11. Requires for a postsecondary education institution, if an undergraduate student takes a leave of absences as permitted in (9), to reinstate the student at the same academic status and as practical, to the same extracurricular status that the student held before their voluntary leave of absence began.
12. Requires a postsecondary education institution to permit a graduate student that is not the birth parent, and who chooses to take a leave of absence because of the birth of a child, to be allowed a period consistent with the policies of the postsecondary education institution, or a period of one month (whichever is longer) to prepare for and take preliminary and qualifying examinations. Requires the postsecondary education institution to provide the student an extension of one month toward the time to degree while in candidacy for a graduate program and if necessary, additional time as deemed medically necessary to care for the student’s partner or their child. Upon returning to the postsecondary education institution, the graduate student will be reinstated to the same academic status and extracurricular status the student held prior to the leave.
13. Requires a postsecondary education institution to permit an undergraduate student that is not the birth parent, and who chooses to take a leave of absence because of the birth of a child, to be allowed a period consistent with the policies of the postsecondary education institution, or a period of one month (whichever is longer) to prepare for and take preliminary and qualifying examinations. Prohibits the postsecondary education institution from reducing the undergraduate student’s institution-based financial aid upon the undergraduate student’s return from the voluntary leave of absence. The postsecondary education institution will ensure the undergraduate student’s leave of absence will not disrupt the undergraduate student’s institution-based financial aid, and clarifies this prohibition does not require the postsecondary education institution from providing the financial aid during the undergraduate student’s leave of absence. Upon returning to the postsecondary education institution, the undergraduate student will be reinstated to the same academic status and extracurricular status the student held prior to the leave.
14. Requires a postsecondary education institution to provide a pregnant or recently pregnant student access to a private and secure room for lactation. The lactation room shall be consistent with existing requirements located in Education Code Section 66271.9.
15. Prohibits a postsecondary education institution from requiring a student to produce supporting documentation prior to the provision of reasonable accommodations by the institution; unless, supporting documentation is necessary and reasonable for the institution to determine if the reasonable accommodations are necessary to provide a student with equal access to education.
16. Requires each postsecondary education institution to have a written policy for students on procedures for addressing pregnancy complaints under Title IX and procedures for accessing reasonable accommodations under Title IX consistent with this measure. A copy of the policy will be emailed to students, faculty, staff, and employees at the beginning of each academic year and will be available to faculty, staff, and employees in their required training. The policy will be made available to all students during their student orientation.
17. Requires each postsecondary education institution to notify pregnant and parenting students of the protections afforded to them through Title IX and as required pursuant to the provision of the measure. Requires each postsecondary education institution to post the requirements established above on the campus website.
18. Requires each postsecondary education institution with an on-campus medical center to provide notice of the protections provided by Title IX and established by the measure to students who request information on the policies or protections for pregnant students or students with children.
19. Defines “postsecondary educational institutions” to mean a campus of the California Community Colleges (CCC), the California State University (CSU), the University of California (UC), private postsecondary educational institutions, or independent institutions of education that receive state financial assistance, as defined.

EXISTING LAW: Federal law.

1. No person in the United States will, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance except for specified circumstances including membership of fraternities and sororities (United States Code Title 20, Chapter 38, Section 1681… colloquially known as Title IX).
2. Outlines the required response a postsecondary higher education institution must undertake, when the institution is made aware of an alleged sexual harassment incident on campus. The regulations include a requirement for a formal complaint, a grievance procedure for an investigation into whether the incident based on a standard of evidence occurred, and a method of appealing the outcome of the grievance process (Federal Code of Regulations Title 34, Subtitle B, Chapter 1, Subpart D, Section 106.45).
3. Prohibits a postsecondary higher education institution, that receives funding from the federal government, from discriminating against or excluding a student from educational programs or activities based on the student’s pregnancy, childbirth, false pregnancy, termination of pregnancy, or recovery unless the student volunteers to participate in the separate program. Stipulates a postsecondary higher education institution can require a student to obtain a certificate from a physician stating the student is able to participate in the education program; but only if the certificate from the physician is required for all students in the program. The separate portion of the activity offered to pregnant students or those experiencing pregnancy-like conditions must be the same as the education program offered to non-pregnant students. Requires the institution to treat pregnancy or pregnancy-like conditions in the same manner as a temporary disability when it comes to any college or university - administered medical or hospital benefit, service, plan, or policy. If the institution does not provide a leave policy for its students or if the student does not qualify for the leave, the institution will provide leave for as long as a physician deems is medically necessary (Federal Code of Regulations Title 34, Subtitle B, Chapter 1, Subpart D, Section 106.40).

State law.

1. Each postsecondary education institution in the state of California, are prohibited from requiring a graduate student from taking a leave of absences or withdrawing from the program or limiting the student’s graduate studies based on the fact the student is pregnant or experiencing pregnancy-related issues. A postsecondary education institution is required to provide reasonable accommodations to the pregnant graduate student so the student may complete their graduate program. Provides the terms and conditions for leaves of absences for graduate students, who are pregnant or have recently given birth and provides a leave of absence for non-birthing parents. Requires the policies regarding pregnancy protections to be posted in various locations on campus and requires employees to be trained on the policies (Education Code (EDC) Section 66281.7).
2. Requires the CCC and the CSU), and encourages a satellite campus of CCC or CSU, and the UC, to provide reasonable privacy accommodations for a lactating student to express breast milk, breast-feed an infant child, or address other needs related to breast-feeding (EDC Section 66271.9).

FISCAL EFFECT: Unknown.

COMMENTS: Purpose. As stated by the author, “California has long been a leader in advancing the civil rights of students in order to preserve educational equity on campus. AB 1098 would amend the California Education Code to provide parity between undergraduate and graduate students who are experiencing a pregnancy or pregnancy conditions. The Education Code provides protections for graduate students to take a leave of absences but it does not provide the same protections to undergraduate students. Every student should be afforded equal rights and opportunities in postsecondary education institution regardless of their disability, gender, gender identity, gender expression, nationality, race or ethnicity, religion, sexual orientation, immigration status, or pregnancy/pregnancy – related condition. AB 1098 codifies this basic right and provides tangible guidance for colleges and universities for how to provide equal access under the law for pregnant students and for those who are experiencing pregnancy – related conditions.”

Existing protections for pregnant students. Since 1972, a prohibition on discrimination on the bases of sex has existed for all postsecondary education institutions in the United States that receive funding from the Federal Government. Colloquially known as Title IX, the 27 words contained in the Education section of Federal code, has expanded beyond the simple understanding of equal access to sports and education opportunities for women. Title IX provides protections from sexual harassment and establishes a baseline commitment to ensure the restoration of equal access to education when sex-based barriers are established. One of these identified sex-based barriers is pregnancy or pregnancy-like conditions.

Between 2000 and 2020, the Bush-era regulations and Dear Colleague letters governed Title IX. Dear Colleague letters are the best practices identified by the U.S. Department of Education for the implementation of laws or regulations by higher education institutions. In 2013, the Obama Administration issued a “dear colleague” letter providing additional clarity as to the types of accommodations and protections a college or university must provide to a student who is pregnant or experiencing pregnancy-like conditions.^[1] The 2013 “Dear Colleague Letter” and additional guidance prohibited a college from separating a pregnant student into an alternative education program, prohibited a college or university from requiring medical documentation for continual participation in educational programs, and stated accommodations are required to preserve equal access for pregnant students.^[2] Examples of accommodations included larger desks and leave of absences for medical reasons.² The reason for the clarification from the U.S. Department of Education was, “ as of October 2009, approximately 3 million 16- through 24-year-olds living in the United States were not enrolled in high school and had not earned a high school diploma or alternative credential. Students give a range of reasons for dropping out of high school, both school- and family-related. Pregnancy is consistently the most common family-related reason given by female students.”²

In response to the new interpretation on pregnancy accommodations and leave of absences for pregnant students, California decided to codify leave of absences and reasonable accommodations for graduate students with the enactment of AB 2350 (Bonilla), Chapter 637, and Statutes of 2014. The measure only applied to graduate students because of the focus by the Obama Administration to increase female graduate participation in science, technology, engineering, and mathematic (STEM) field. The Obama Administration had tasked the, “United States Department of Education to lead an initiative with the Department of Justice, the Department of Energy, the National Aeronautics and Space Administration, the National Science Foundation, and the Department of Health and Human Services to create a common guidance program to ensure that grant recipients are complying with Title IX.”^[3]

In 2020, the Trump Administration finalized new Title IX regulations, which changed the manner in which postsecondary education institutions were required to address sex discrimination and sexual harassment on campus. The new regulations provided the following protections for all pregnant undergraduate and graduate students:

1. Prohibits discrimination against a student based on the student’s sex, which includes a student’s pregnancy or pregnancy-related conditions. Defines pregnancy-related conditions as childbirth, false pregnancy, termination of pregnancy, and recovery;
2. Requires the college or university to provide the pregnant student with any medically necessary leave of absences as long as the leave is determined by the student’s physician;
3. Requires the college or university to provide supportive measures to pregnant students; however, the supportive measures must be comparable in nature with those provided to students who are temporarily disabled;
4. Permits a college to provide a separate educational program, but only if the student volunteers to participates and is not forced. The separate educational program must be comparable to the original educational program; and,
5. Prohibits the requirement a student must produce a physician certification for approval to participate in any educational program; unless, such physician certification is required of all participants.^[4]

The above regulations translated into two core accommodations for pregnant students on college campuses:

The 2020 Title IX regulations prohibit a higher education institution from denying admission to a student based on pregnancy or pregnancy – related conditions. Furthermore, the Title IX protections provided to pregnant students extend to include pregnant employees at higher education institutions.

Biden 2024 regulations. In April 2024, the Biden Administration issued a new Title IX regulation with a delayed implementation date of August 2024. According to the National Women’s Law Center, the new regulations “[strengthened] protections against sex-based harassment and [clarified] protections on discrimination based on LGBTQI+ status and pregnant and parenting status.”^[5] The new regulations provided greater clarity regarding the protections and accommodations a college or university should provide to a pregnant student to prevent discriminations. Specifically the 2024 Title IX regulations:

1. Updated the definition of discrimination on the bases of a student’s past, current or potential pregnancy, or pregnancy related condition. The new definition for pregnancy-related conditions includes: lactation, childbirth, termination of pregnancy, or recovery;
2. Required the institution to provide pregnant students or those experiencing pregnancy-related conditions with the Title IX coordinator’s contact information so that the Title IX coordinator may inform the students of their rights to accommodations and protections from discrimination;
3. Continued the ability for institutions to provide excused absences for medical reasons; however, the new 2024 regulations permitted the leave to be passed on advice from any licensed medical provider and states the institution must reinstate the student to their prior academic and if possible extracurricular activities;
4. Required institutions to provide students with reasonable modifications to existing educational programs in order to maintain access to educational programs; and,
5. Required institutes to provide private, clean, non-bathroom space for students to lactate or breastfeed.^[6]

From the moment the final rules were in-print, the 2024 Title IX Regulations were subject to litigation. By August 2024, nine different cases against the U.S. Department of Education were filed and statewide injunctions barring federal enforcement of the rule were granted for 26 states. An additional injunction permitted individual K-12 schools, colleges, and universities to forgo implementing the 2024 Title IX Regulations including, colleges, and universities in California.^[7] The primary concerns of the Courts, States, and conservative advocacy groups was the expansion of the 2024 Title IX Regulations to include sex-based harassment and sex-based discrimination which would include protections based on gender identity and gender expression.

Despite appeals by the U.S. Department of Education, each of the partial injunctions were upheld by the U.S. Appellate Courts in various districts, and ultimately, in one case by the U.S. Supreme Court. The litigation continued throughout the United States Judicial System until the regulations were vacated by ruling issued on January 09, 2025.

On January 9, 2025, the United States District Court for the Eastern District of Kentucky issued a new ruling in the State of Tennessee v. Cardona, Case No. 2:24-072-DC that effectively ended the enforcement and use of the 2024 Title IX regulations nationwide. The ruling stated the 2024 Title regulations: (1) exceeded the U.S. Department’s statutory authority, (2) violated the U.S. Constitution, and were (3) were arbitrary and capricious.^[8] After the vacating of the 2024 Title IX regulations, the Pregnant Scholar at the Center for WorkLife Law at the UC College of the Law, San Francisco (Pregnant Scholar), issued a statement noting that, “this shameful decision puts pregnant and postpartum students, and millions of others, in harm’s way. Without the protections offered by the 2024 Title IX regulations, pregnant students will struggle to get the accommodations and leave they need to both stay healthy and continue their education.”^[9]

On February 4, 2025, the U.S. Department of Education (department) issued a “Dear Colleague Letter” stating the department would enforce Title IX with the 2020 Title IX regulations and with a definition of biological sex for sex discrimination.^[10] The reversal in compliance standards leaves California undergraduate students with fewer pregnancy–related protections than their graduate peers. AB 1098 (M. Fong) seeks to rectify this imparity by providing the same protections for both undergraduate and graduate students.

Arguments in support. The California Commission on the Status of Women and Girls expresses their support, as “AB 1098 is necessary to provide all students, regardless of their academic level, the same protections and safeguards against discrimination due to pregnancy. We know parents with higher education backgrounds are better able to provide for their families. This bill will ensure pregnant students have the necessary systems of support in place to create a positive educational experience, subsequently creating pathways to success for future generations.”

Additionally, the Pregnant Scholar states, “this bill could not have come at a better time. The Department of Education’s Office of Civil Rights, which is tasked with enforcing Title IX protections for pregnant and parenting students, has been gutted. The San Francisco office was shuttered, leaving over a thousand cases in limbo and causing uncertainty as to whether the Department will investigate complaints. It is imperative that the state step in to provide the guidance our students and educational institutions are no longer receiving from the federal government. AB 1098 would prohibit at the state level discrimination based on the student’s current, potential, or past pregnancy related condition or parental status—ensuring that our students are safe from attempts to roll back the scope of federal protections and enforcement. The bill's sections on pregnancy discrimination, medically necessary leave, and accommodations align with the Department’s 2024 Title IX Rule, which was implemented following years of public comment and review. These provisions have received widespread support, and most CA educational institutions are already familiar with them. By enacting AB 1098, California can guarantee that our colleges and universities consistently provide equal educational opportunities to pregnant and parenting students, regardless of the turmoil in Washington.”

Committee comments. In September 2021, College of the Canyons entered into a resolution with the U.S. Department of Education Office for Civil Rights (OCR) after a student alleged the campus had violated Title IX because the pregnant student alleged she was denied the ability to make up course work missed due to labor and delivery.^[11] At the time of the allegation and resolution, Title IX included specified protections for pregnant students.

In 2018, OCR entered into a resolution with California State University East Bay, due to an allegation that a pregnant student had been discriminated against when the university failed to provide academic adjustments to ensure she could participate in the education program during her absences and failed to allow her to return to the same academic status. The resolution between the University and OCR included reimbursing the student her tuition and campus fees and removing the course from her transcript.^[12] The student was a graduate student in a post-graduate certificate program at CSU East Bay.

In both cases, additional clarity on the type of leave of absences, program modifications, and policies upon return to campus would have helped the institutions avoid potential violations of Title IX and allegations of discrimination. This measure seeks to provide such clarity for institutions by expanding the existing leave protections to undergraduate students and by defining reasonable accommodations or modifications, a college or university should provide to avoid discrimination claims.

Title IX has always implicitly protected pregnant students and those experiencing pregnancy conditions. However, the 2024 Title IX regulations explicitly enumerated the protections to avoid any misinterpretation or misunderstanding on the type of modifications, accommodations, and leave of absences colleges and universities were to provide to pregnant students. The ruling to vacate the 2024 Title IX regulations did not result in a voiding of pregnancy protections, but rather left each college or university to decide what remedies and leave of absences they would provide to ensure students have access to education. As highlighted by legal experts, the Pregnant Scholar, under the 2020 Title IX regulations, “ students regularly called our helpline because they were kicked out for missing a couple classes to attend doctor’s appointments, told they’re no longer welcome in school, or forced to sacrifice their safety during pregnancy or postpartum.”^[13] Without clarity of guidance, the vague nature of the 2020 Title IX regulations for pregnant students will result in the adjudication of protections through complaints filed with the OCR.

Committee staff note the U.S. Department of Education has reduced its staffing capacity including cutting several OCR offices. Even with fully staffed offices, OCR often took months and in some cases years to investigate and resolve complaints against colleges and universities.

This measure would address the gap in guidance by updating existing leave of absence requirements to include undergraduate students, defining the types of reasonable accommodations each campus is to offer pregnant students, and identifying a designated coordinator to assist students in accessing accommodations. This measure mirrors many of the provision in the pregnancy and pregnancy-related protections in the 2024 Title IX regulations. One of the main judicial arguments for the appeals of the injunctions, was the fact the concerns raised by the plaintiff States did not apply with the pregnancy sections of the updated 2024 Title IX regulations. The argument made by the U.S. Department of Education was for partial stay or carve out injunction for the pregnancy or pregnancy-related conditions sections of the regulations.^[14] In the end, the judicial ruling to vacate the 2024 Title IX regulations was based on the definition of “sex-based discrimination” and not the section regarding additional accommodations and protections for pregnant students.

Even with the vacated ruling, the National Women’s Law Center and the Association of Title IX Administrators have contended colleges and universities are still able to adopt portions of the 2024 Title IX regulations as institutional policy as long as the adopted policies are not in conflict with the 2020 Title IX regulations. In both entities suggest colleges and universities implement the pregnancy and pregnancy-related provisions of the 2024 Title IX regulations.^[15]

Furthermore, this concept of providing additional protections in state law is supported by legal arguments offered by a Judicial Decision for one of the 2024 Title IX regulations injunctions. In the memorandum and order in the United States District Court for the District of Kansas case, State of Kansas v. U.S. Department of Education, case no. 24-4041-JWB, the Judge stated that “nothing in this order limits the ability of any school to adopt or follow its own policies, or otherwise comply with applicable state or local laws or rules regarding the subjects addressed herein.”^[16]

California has a history of taking national best practices when it comes to Title IX and codifying the practices to provide additional protections for students while also maintaining compliance with the existing federal regulations. This measure is an exercise in state rights to provide additional protections to pregnant students to prevent sex discrimination from occurring on college and university campuses.

To align the bill provisions with the intentions of the author, the Committee has suggested and the author has agreed to the following amendments:

1. Amends Section 66281.7, subdivision (a) to read as follows:

It is the policy of the State of California, pursuant to Section 66251, that all persons, regardless of their sex, should enjoy freedom from discrimination of any kind, including, but not limited to, discrimination based on the student’s current, potential, or past parental, family, or marital status as prohibited by Title IX of the Education Amendments of 1972 (20 U.S.C. Sec. 1681, et seq.), status, in the postsecondary educational institutions of the state.

1. Amends Section 66281.7, subdivision (c), paragraph (2) to read as follows:

A postsecondary educational institution shall require each responsible employee, as defined in Section 66281.8, upon being informed of a student’s pregnancy or pregnancy-related condition, to give the student the Title IX coordinator’s contact information and inform the student that the Title IX coordinator can coordinate specific actions to prevent sex discrimination by ensuring that the student has equal access to educational programs offered by the postsecondary educational institution.

1. Amends Section 66281.7, subdivision (c), paragraph (3), subparagraph (A) to read as follows:

(3) (A) A postsecondary educational institution, through the postsecondary educational institution’s Title IXcoordinator, shall provide reasonable accommodations to a pregnant student or a recently pregnant student so the student may complete their undergraduate or graduate courses of study and research. Reasonable accommodations shall be based on the individual student’s needs. In determining the accommodations to provide a student, the postsecondary educational institution’s Title IX coordinator shall consult with the student.

1. Amends Section 66281.7, subdivision (c), paragraph (3), subparagraph (B) to read as follows:

(B) Reasonable accommodation accommodations shall include excusing absences that are medically necessary, as required under Title IX. Reasonable accommodations may include, but are not limited to, all of the following:

1. Amends Section 66281.7, subdivision (c), paragraph (3), subparagraph (B), clause (xi) to read as follows:

Allowing the student to take a leave of absence. absence that is not medically necessary.

1. Repeals and replaces the language in Section 66281.7, subdivision (c), paragraph (4), (5), (6), and (7) to read as follows:

(4) A postsecondary educational institution shall offer to an undergraduate or graduate pregnant student or an undergraduate or graduate student who has recently given birth a leave of absence pursuant to this paragraph. An undergraduate or graduate student who chooses to take a leave of absence because the student is pregnant or has recently given birth shall be allowed a period consistent with the policies of the postsecondary educational institution, or a period of 12 months, whichever period is longer, to prepare for and take preliminary and qualifying examinations, and an extension of at least 12 months toward normative time to degree while in candidacy for an undergraduate or graduate degree, unless a longer extension is medically necessary. The postsecondary educational institution shall not reduce the student’s institution-based financial aid upon the student’s return from the voluntary leave of absence. This prohibition does not require the postsecondary educational institution to provide institution-based financial aid during the student’s voluntary leave of absence. However, it shall ensure that the student’s voluntary leave of absence does not disrupt the continuation of institution-based financial aid upon the student’s return to the undergraduate or graduate program. Upon the student’s return to the undergraduate or graduate program, the student shall be reinstated to the academic status and, as practicable, to the extracurricular and employment status the student held before their voluntary leave of absence began.

(5) A postsecondary educational institution shall offer to an undergraduate or graduate student who is not the birth parent a leave of absence pursuant to this paragraph because of the birth, adoption, or placement of the student’s child. An undergraduate or graduate student who is not the birth parent and who chooses to take a leave of absence because of the birth, adoption, or placement of the student’s child shall be allowed a period consistent with the policies of the postsecondary educational institution, or a period of one month, whichever period is longer, to prepare for and take preliminary and qualifying examinations, and an extension of at least one month toward normative time to degree while in candidacy for an undergraduate or graduate degree, unless a longer period or extension is medically necessary to care for the student’s partner or their child. The postsecondary educational institution shall not reduce the student’s institution-based financial aid upon the student’s return from the voluntary leave of absence. This prohibition does not require the postsecondary educational institution to provide institution-based financial aid during the student’s voluntary leave of absence. However, it shall ensure that a student’s voluntary leave of absence does not disrupt the continuation of institution-based financial aid upon the student’s return to the undergraduate or graduate program. Upon the student’s return to the undergraduate or graduate program, the student shall be reinstated to the academic status and, as practicable, to the extracurricular and employment status the student held before their voluntary leave of absence began.

(6) An enrolled undergraduate or graduate student in good academic standing who chooses to take a leave of absence because the student is pregnant, or has recently given birth, shall return to the their undergraduate or graduate program in good academic standing following a leave period consistent with the policies of the postsecondary educational institution, or of up to one academic year, whichever period is longer, subject to the reasonable administrative requirements of the institution, unless there is a medical reason for a longer absence, in which case the student’s standing in the undergraduate or graduate program shall be maintained during that period of absence. Upon the student’s return to the undergraduate or graduate program, the student shall be reinstated, as practicable, to the extracurricular and employment status with the postsecondary educational institution the student held before their voluntary leave of absence began.

(7) An enrolled undergraduate or graduate student in good academic standing who is not the birth parent and who chooses to take a leave of absence because of the birth, adoption, or placement of the student’s child shall return to their undergraduate or graduate program in good academic standing following a leave period consistent with the policies of the postsecondary educational institution or of up to one month, whichever period is longer, subject to the reasonable administrative requirements of the postsecondary educational institution. Upon the student’s return to the undergraduate or graduate program, the student shall be reinstated, as practicable, to the extracurricular and employment status with the postsecondary educational institution the student held before their voluntary leave of absence began.

1. Repeals and replaces Section 66281.7, subdivision (d), paragraph (1) to read as follows:

(d) (1) Each postsecondary educational institution shall adopt a written policy for students on pregnancy discrimination. The policy shall include procedures for accessing reasonable accommodations under this section and for addressing pregnancy discrimination complaints for alleged noncompliance with this section. The procedures for addressing pregnancy discrimination complaints shall be consistent with the postsecondary educational institution’s procedures for addressing other forms of discrimination.

1. Amends Section 66281.7, subdivision (g) to read as follows:

(g) For purposes of this section, “postsecondary the following definitions apply:

(1) “Coordinator” means the same employee designated by the postsecondary educational institution pursuant to paragraph (2) of subdivision (b) of Section 66281.8.

(2) “Postsecondary educational institution” means a campus of the University of California, the California State University, or the California Community Colleges, or a private postsecondary educational institution or independent institution of higher education that receives state financial assistance, as defined in Section 213, or state student financial aid, as defined in Section 214.

REGISTERED SUPPORT / OPPOSITION:

Support

Alliance for Children's Rights

American College of Obstetricians & Gynecologists - District Ix

California Catholic Conference

California Commission on the Status of Women and Girls

California Wic Association

Center for Worklife Law – Pregnant Scholar

CFT- a Union of Educators & Classified Professionals, AFT, AFL-CIO

Michelson Center for Public Policy

Opposition

None on file.

Analysis Prepared by: Ellen Cesaretti-Monroy / HIGHER ED. / (916) 319-3960

1. https://www.ed.gov/about/offices/list/ocr/letters/colleague-201306-title-ix.html ↑

2. https://www.ed.gov/laws-and-policy/civil-rights-laws/sex-discrimination/pamphlet--supporting-the-academic-success-of-pregnant-and-parenting-students-under-title-ix-of-the-education-amendments-of-1972#_Toc4 ↑

3. Declarations and Findings from AB 2350 (Bonilla). ↑

4. https://thepregnantscholar.org/wp-content/uploads/Overview-of-Title-IX-Regulation-Changes.pdf ↑

5. https://nwlc.org/resource/bidens-new-title-ix-rule-fact-sheet-and-chart/ ↑

6. https://nwlc.org/wp-content/uploads/2024/06/Biden-Title-IX-Rule-Fact-Sheet-6.12.24-vF.pdf ↑

7. https://www.scag.gov/media/pskl4phx/ks-v-u-s-dept-of-education-list-of-schools-enjoined.pdf ↑

8. https://caselaw.findlaw.com/court/us-dis-crt-e-d-ken-nor-div-at-cov/116844509.html ↑

9. https://thepregnantscholar.org/title-ix-rule-vacated-our-statement/ ↑

10. https://www.ed.gov/media/document/title-ix-enforcement-directive-dcl-109477.pdf ↑

11. https://ocrcas.ed.gov/sites/default/files/ocr-letters-and-agreements/09202416-a.pdf ↑

12. https://ocrcas.ed.gov/sites/default/files/ocr-letters-and-agreements/09182245-a.pdf ↑

13. https://thepregnantscholar.org/title-ix-rule-vacated-our-statement/ ↑

14. 20240724175121021_Brief and Appendix to file.pdf ↑

15. https://www.atixa.org/blog/best-practices-to-keep-from-2024-regulations/ and https://nwlc.org/resource/complying-with-the-trump-title-ix-rule/ ↑

16. https://adflegal.org/case/state-kansas-v-us-department-education/attachment/memorandum-and-order-4/ ↑