66281.75.
(a) It is the policy of the State of California, pursuant to Section 66251, that all persons, regardless of their sex, familial status, or marital status, should enjoy freedom from discrimination of any kind in the postsecondary educational institutions of the state.
(b) (1) A postsecondary educational institution shall not discriminate against a student or applicant based on the actual or potential familial status or marital status of the student or applicant, or based on the student’s or applicant’s pregnancy or pregnancy-related conditions.
(2) A postsecondary educational institution does not commit discrimination if it permits a student, based on pregnancy or pregnancy-related conditions, to voluntarily participate in a separate portion of an educational program or activity, if the postsecondary educational institution ensures that the separate portion is comparable to the educational program or activity offered to students who are not pregnant or do not have pregnancy-related conditions.
(c) A postsecondary educational institution, including the faculty, staff, or other employees of the institution, shall not do any of the following based on a student’s pregnancy or pregnancy-related condition:
(1) Require a student to take a leave of absence or withdraw from an educational program or activity.
(2) Require a student to take a leave of absence or withdraw from an extracurricular program or activity.
(3) Limit the student’s undergraduate or graduate program.
(d) (1) A postsecondary educational institution shall provide reasonable accommodations to an institutional program for a student experiencing pregnancy or a pregnancy-related condition to ensure the student’s equal access to the institution’s educational programs and activities.
(2) Reasonable accommodations shall include providing excused leaves of absence that are medically necessary, as determined by the student’s physician or medical provider.
(3) Reasonable accommodations shall be provided in consultation with the student and shall meet the individual needs of the student. After consulting with the student on their individual needs, the employee designated pursuant to subdivision (f) shall discuss with the student the reasonable accommodations that the postsecondary educational institution is prepared to provide to address the student’s individual needs. The type of accommodations that a postsecondary educational institution may provide to a student may include, but are not limited to, all of the following:
(A) Breaks during class to express breast milk, breastfeed, or attend to health needs associated with pregnancy or pregnancy-related conditions, including eating, drinking, or using the restroom.
(B) Changes in schedule or course sequences.
(C) Time extensions for coursework and rescheduling of tests and examinations.
(D) Being allowed to sit or stand, or carry or keep food or water nearby.
(E) Counseling, if provided by the institution to students.
(F) Changes in physical space or classroom supplies.
(G) Elevator access.
(H) Parking passes, if available.
(I) Additional excused leaves of absence for nonmedical reasons.
(J) Other accommodations for the student’s health or safety.
(K) Assistance in accessing basic needs services.
(4) 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.
(5) An academic requirement that a postsecondary educational institution can demonstrate is essential to (A) the academic integrity of a program or course being pursued by the student, or (B) any directly related licensing requirement, shall be completed by the student and shall not be regarded as discrimination within the meaning of this section.
(6) A student may voluntarily accept or reject any reasonable accommodation offered pursuant to this section. If a student accepts a reasonable accommodation offered pursuant to this section, the institution shall implement the reasonable accommodation. A postsecondary educational institution shall not require a student to accept a reasonable accommodation.
(e) (1) A 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 additional 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 or certificate while in candidacy for a degree or certificate, unless a longer extension is medically necessary.
(2) A 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 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 or certificate while in candidacy for a degree or certificate, unless a longer period or extension is medically necessary to care for the student’s partner or their child.
(3) An enrolled 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 student 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 program shall be maintained during that period of absence.
(4) An enrolled 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 shall return to the student’s 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 institution.
(f) A postsecondary educational institution shall designate at least one employee of the institution to coordinate its efforts to comply with and carry out its responsibilities under this section. The employee may be the same individual as the institution’s federal Title IX coordinator. The employee or employees shall have adequate training on what constitutes discrimination based on the student’s pregnancy or pregnancy-related conditions and the policies in place, pursuant to this section and other related state and federal laws, to maintain equal access for a student experiencing pregnancy or a pregnancy-related condition.
(g) 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 condition, to do both of the following:
(1) Inform the student of their right to receive reasonable accommodations to maintain access to the educational program.
(2) Provide the student with the contact information for the employee or employees designated by the postsecondary educational institution pursuant to subdivision (f).
(h) Each postsecondary educational institution shall have a written policy for students on pregnancy discrimination and procedures for addressing pregnancy discrimination complaints under Title IX and this section. 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 students attending orientation sessions at a postsecondary educational institution.
(i) Each postsecondary educational institution shall notify pregnant and parenting students of the protections provided by Title IX and this section through prominently posting a notice of the Title IX protections and the protections provided by this section on the institution’s internet website.
(j) Each postsecondary educational institution with an on-campus medical center shall provide notice of the protections provided by Title IX and this section through the medical center to a student who requests information regarding policies or protections for students with children or pregnant students and when otherwise appropriate.
(k) A postsecondary educational institution may seek guidance, as needed, from the Pregnant Scholar at the Center for WorkLife Law, University of California College of the Law, San Francisco.
(l) This section does not waive competency, clinical, laboratory, or other graduation or licensure requirements established by a postsecondary educational institution, accrediting agency, or governmental licensing authority, and does not supersede federal student aid regulations.
(m) Notwithstanding Section 67400, this section shall apply to the University of California.
(n) For purposes of this section, the following definitions apply:
(1) “Familial status” has the same meaning as set forth in Section 12955.2 of the Government Code.
(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.
(o) This section shall become operative on September 1, 2027.