The Donahoe Higher Education Act sets forth, among other things, the missions and functions of California's 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 student's 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 student's 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 student's 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 student's child to be able to return to the student's 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 student's 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 student's pregnancy or pregnancy-related condition, to give the student the institution's Title IX coordinator's 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 institution's 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 student's 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.

Statutes affected:
AB 1098: 66281.7 EDC
02/20/25 - Introduced: 66281.7 EDC