AB 1784

AB1784:v96#DOCUMENT

Bill Start

CALIFORNIA LEGISLATURE— 2025–2026 REGULAR SESSION

Assembly Bill

No. 1784

An act to amend Sections 66251 and 66260.7 of, to amend and repeal Section 66281.7 of, and to add Sections 66260.8, 66261.6, 66262.3, 66281.75, and 66281.76 to, the Education Code, relating to postsecondary education.

LEGISLATIVE COUNSEL'S DIGEST

AB 1784, as amended, Pellerin. Postsecondary education: nondiscrimination: pregnancy or pregnancy-related issues.

(1) The Equity in Higher Education Act states the policy of the state to afford all persons, regardless of their disability, gender, gender identity, gender expression, nationality, race or ethnicity, religion, sexual orientation, or any other specified characteristic, equal rights and opportunities in postsecondary educational institutions of the state. For purposes of the act, existing law defines “gender” as sex, including a person’s gender identity and gender-related appearance and behavior, whether or not stereotypically associated with the person’s assigned sex at birth.

This bill would explicitly add ancestry, national origin, medical condition, marital status, familial status, citizenship, and primary language to the list of specified characteristics for purposes of that policy. The bill would also expand the definition of “gender” for purposes of the act to include pregnancy or pregnancy-related conditions.

(2) The Equity in Higher Education Act prohibits a postsecondary educational institution from requiring a graduate student to take a leave of absence, withdraw from the graduate program, or limit their graduate studies solely due to pregnancy or pregnancy-related issues. The act requires a postsecondary educational institution to reasonably accommodate pregnant graduate students, as specified, so that they may complete their graduate courses of study and research, including by allowing graduate students to take a leave of absence, as specified.

This bill would, commencing September 1, 2027, prohibit a postsecondary educational institution from discriminating 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, including by prohibiting the institution from requiring a student to take a leave of absence or withdraw from an educational or extracurricular program or activity, and prohibiting the institution from limiting the student’s undergraduate or graduate program. The bill would require a postsecondary educational institution to provide reasonable accommodations to an institutional program for a student, including an undergraduate student, experiencing pregnancy or a pregnancy-related condition to ensure the student’s equal access to the institution’s educational programs and activities, as provided.

This bill would, commencing September 1, 2027, require a postsecondary educational institution to designate at least one employee to coordinate its efforts to comply with and carry out its responsibilities under these provisions, as specified, and require certain employees, upon being directly informed by a student of the student’s pregnancy or pregnancy-related condition, to inform the student of their right to receive reasonable accommodations to maintain access to the educational program and provide the student with the contact information for the designated employee or employees.

(3) The Equity in Higher Education Act allows a graduate student who is pregnant or has recently given birth to take a leave of absence for a period consistent with the policies of the postsecondary educational institution, or a period of 12 months, whichever is longer, and 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. The act also allows a graduate student who is not the birth parent to take a leave of absence for a period consistent with the policies of the postsecondary educational institution, or a period of one month, whichever is longer, and have an extension of at least one month toward normative time to degree while in candidacy for a graduate degree, unless a longer extension is medically necessary to care for the student’s partner or child, as specified.

This bill would, commencing September 1, 2027, also allow any undergraduate student who is pregnant or has recently given birth or who is not the birth parent to take the above-described leave of absence and have an extension toward normative time to degree or certificate, as specified.

(4) The Equity in Higher Education Act requires a postsecondary educational institution to have a written policy for graduate students on pregnancy discrimination and procedures for addressing pregnancy discrimination complaints, as specified. Existing law requires a copy of the policy to be made available to all graduate students attending orientation sessions at a postsecondary educational institution. Existing law requires a public postsecondary institution to post on the institution’s internet website, and to provide through on-campus medical centers, notice of protections provided under Title IX, as specified.

This bill would, commencing September 1, 2027, require a postsecondary educational institution to revise that policy to include undergraduate students, and require a copy of the revised policy to be made available to all students attending orientation sessions. The bill would also require a postsecondary educational institution to post on the institution’s internet website, and provide through on-campus medical centers, notice of the protections provided by these provisions.

This bill would require the Board of Governors of the California Community Colleges, on or before July 1, 2027, to adopt regulations for a systemwide policy that include the requirements of these provisions and best practices for implementing those requirements. The bill would require the governing board of each community college district, on or before September 1, 2027, to adopt those regulations, as provided.

(5) By imposing additional duties on community college districts, this bill would impose a state-mandated local program.

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

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

Digest Key

Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES

Bill Text

The people of the State of California do enact as follows:

SECTION 1.

Section 66251 of the Education Code is amended to read:

66251.

(a) It is the policy of the State of California to afford all persons, regardless of disability, gender, gender identity, gender expression, nationality, race or ethnicity, religion, sexual orientation, ancestry, national origin, medical condition, marital status, familial status, citizenship, primary language, or any other basis that is contained in the prohibition of hate crimes set forth in subdivision (a) of Section 422.6 of the Penal Code, including immigration status, equal rights and opportunities in the postsecondary educational institutions of the state. The purpose of this chapter is to prohibit acts that are contrary to that policy and to provide remedies for the commission of those prohibited acts.

(b) For purposes of this section, “familial status” has the same meaning as set forth in Section 12955.2 of the Government Code.

SEC. 2.

Section 66260.7 of the Education Code is amended to read:

66260.7.

“Gender” means sex, and includes a person’s gender identity and gender expression.

SEC. 3.

Section 66260.8 is added to the Education Code, to read:

66260.8.

“Gender expression” means a person’s gender-related appearance and behavior whether or not stereotypically associated with the person’s assigned sex at birth.

SEC. 4.

Section 66261.6 is added to the Education Code, to read:

66261.6.

“Pregnancy or pregnancy-related conditions” includes all of the following:

(a) Pregnancy, childbirth, termination of pregnancy, or lactation.

(b) Medical conditions related to pregnancy, childbirth, termination of pregnancy, or lactation.

(c) Recovery from pregnancy, childbirth, termination of pregnancy, lactation, or related medical conditions.

SEC. 5.

Section 66262.3 is added to the Education Code, to read:

66262.3.

“Sex” includes, but is not limited to, pregnancy or pregnancy-related conditions.

SEC. 6.

Section 66281.7 of the Education Code is amended to read:

66281.7.

(a) 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, pregnancy discrimination as described in Title IX of the Education Amendments of 1972 (20 U.S.C. Sec. 1681, et seq.), in the postsecondary educational institutions of the state.

(b) Each of the following requirements apply to postsecondary educational institutions in this state:

(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:

(A) Require a graduate student to take a leave of absence or withdraw from the graduate program.

(B) 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 subdivision 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.

(3) A graduate student who chooses to take a leave of absence because the graduate 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 while in candidacy for a graduate degree, unless a longer extension is medically necessary.

(4) 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 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 a graduate degree, unless a longer period or extension is medically necessary to care for the student’s partner or their child.

(5) 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 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 graduate program shall be maintained during that period of absence.

(6) 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 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.

(c) Each postsecondary educational institution shall have a written policy for graduate students on pregnancy discrimination and procedures for addressing pregnancy discrimination complaints under Title IX or 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 graduate students attending orientation sessions at a postsecondary educational institution.

(d) Each public postsecondary educational institution shall 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.

(e) Each public postsecondary educational institution with an on-campus medical center shall provide notice of the protections provided by Title IX 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.

(f) This section shall become inoperative on September 1, 2027, and, as of January 1, 2028, is repealed.

SEC. 7.

Section 66281.75 is added to the Education Code, immediately following Section 66281.7, to read:

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) Notwithstanding Section 67400, this section shall apply to the University of California.

(m) 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.

(n) This section shall become operative on September 1, 2027.

SEC. 8.

Section 66281.76 is added to the Education Code, immediately following Section 66281.75, to read:

66281.76.

(a) On or before July 1, 2027, the Board of Governors of the California Community Colleges shall adopt regulations for a systemwide policy that include the requirements of Section 66281.75 and best practices for implementing the those requirements.

(b) On or before September 1, 2027, the regulations adopted pursuant to subdivision (a) shall be adopted by the governing board of each community college district and shall serve as the required written policy for the community college district pursuant to subdivision (h) of Section 66281.75.

SEC. 9.

If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.