AB 1669

AB1669:v96#DOCUMENT

Bill Start

CALIFORNIA LEGISLATURE— 2025–2026 REGULAR SESSION

Assembly Bill

No. 1669

An act to add Section 66025.2 to the Education Code, relating to postsecondary education.

LEGISLATIVE COUNSEL'S DIGEST

AB 1669, as amended, Pacheco. Student health: medical leaves of absence: mental health.

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. The act requests the Regents of the University of California, and requires the Trustees of the California State University, to require each campus in their respective segments to grant students the right to reenroll in their baccalaureate degree program after withdrawing or stopping out, if the student was in good academic standing with the university.

This bill, commencing with the 2027–28 academic year, would require a campus of the University of California, the California State University, or the California Community Colleges, a private postsecondary educational institution, or an independent institution of higher education to (1) adopt a written policy to allow a student to take a voluntary medical leave of absence for a period to be determined by the postsecondary educational institution, or for a period of up to one academic year, whichever is longer, and (2) provide reasonable accommodations to a student facing a medical challenge, without requiring the student to provide documentation of the medical challenge, so that the student is able complete their course of study and research. longer. The bill would prohibit the leave of absence policy from, among other things, requiring a student who takes a medical leave of absence to submit an official notice of withdrawal to the postsecondary educational institution. The bill would require a postsecondary educational institution, among other things, to provide post the medical leave of absence policy to students and all employees on the institution’s internet website and notify students and faculty of the location of the posted policy on its internet website by sending an email at the beginning of each academic semester or term. These provisions would apply to the University of California only to the extent that the regents, by appropriate resolution, make them applicable. By imposing additional 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.

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 66025.2 is added to the Education Code, to read:

66025.2.

(a) The Legislature finds and declares all of the following:

(1) Nearly one-half of college students endure mental health challenges.

(2) These mental health challenges include struggles with depression, anxiety, eating disorders, substance use disorders, and other challenges.

(3) Research indicates that poor mental health significantly affects a person’s day-to-day functioning and impedes academic performance.

(4) Student mental and physical health are vital to a student’s educational success.

(5) College students do not have easy access to appropriate tools or institutional support to manage these mental health challenges.

(6) A mental health disorder is a protected class under the Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12101 et seq.) and Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. Sec. 794).

(7) A leave of absence can allow a student facing medical or mental health challenges to address those challenges and return to school ready to complete their studies.

(8) Students deserve a clear, equitable, and accessible pathway to focus on recovery and return without facing academic consequences or the need to reapply to the postsecondary educational institution.

(b) Commencing with the 2027–28 academic year, a postsecondary educational institution shall do both of the following:

(1)Adopt shall adopt a written policy to allow a student to take a voluntary medical leave of absence for a period to be determined by the postsecondary educational institution or for a period of up to one academic year, whichever is longer. The adopted policy shall adhere to all of the following requirements:

(A)

(1) Not require a student who takes a medical leave of absence to submit an official notice of withdrawal to the institution and not send an official notice of withdrawal to the student. student for taking a leave of absence. For purposes of this subparagraph, “withdraw” means to no longer recognize the person as a student who may enroll in coursework at the institution.

(B)

(2) (A) Not deny a student returning from a medical leave of absence the ability to enroll in courses offered by the institution or a program of study that the student was previously eligible for upon the student’s return from taking a medical leave of absence.

(B) Subparagraph (A) shall not be interpreted as prohibiting an institution from imposing conditions upon a student’s return to campus after taking a medical leave of absence if, before taking the medical leave of absence, the student posed a direct threat to the health or safety of others.

(C)

(3) Allow an enrolled student in good academic standing who voluntarily takes a medical leave of absence to return to the student’s program of study in good academic standing following the medical leave of absence.

(D)(i)

(4) (A) Allow for a medical leave of absence to exceed the period allowed under the adopted policy if there is a medical necessity, as determined by the student’s physician or medical provider.

(ii)

(B) A postsecondary educational institution may require documentation from the student’s physician or medical provider before granting an extension of the medical leave of absence described in this subparagraph. paragraph.

(E)

(5) Include procedures for how students may notify the institution of the need to take a medical leave of absence.

(F)

(6) Consider whether a student who takes a medical leave of absence may be permitted on campus and may participate in campus activities during the medical leave of absence. In making this consideration, the institution’s primary concern shall be student safety and shall not modify any requirements for participation in campus activities for a student who takes a medical leave of absence.

(2)(A)Provide reasonable accommodations to a student facing a medical challenge that substantially limits one or more major life activities so that the student is able to complete their course of study and research. Reasonable accommodations shall be provided without requiring the student to provide documentation of the medical challenge and shall meet the individual needs of the student. Reasonable accommodations may include, but are not limited to, any of the following:

(i)Extended testing time in a reduced distraction environment.

(ii)A reduced course load.

(iii)Allowing the student to make up work, without penalty, and excusing late arrivals and absences if the student misses a class due to a medical appointment or when symptoms of their medical challenge hinder the student’s ability to complete their work.

(B)An accommodation that a postsecondary educational institution can demonstrate would fundamentally alter an academic requirement that the institution can demonstrate is essential to (i) the instruction being pursued by the student, or (ii) any directly related licensing requirement, shall not be regarded as a reasonable accommodation within the meaning of this section.

(c) If a postsecondary educational institution has an existing leave of absence policy, the postsecondary educational institution shall ensure the policy adheres to the requirements of this section.

(d) After a policy is adopted pursuant to paragraph (1) of subdivision (b), the postsecondary educational institution shall do all of the following, as applicable:

(1) Provide, as part of established campus orientations, a copy of the medical leave of absence policy to students at all campuses of their respective segments.

(2)Provide a copy of the medical leave of absence policy to students and all employees by sending an email at the beginning of each academic semester or term.

(3)Notify students of the protections provided by the medical leave of absence policy for their health and mental health by prominently posting the

(2) Post the medical leave of absence policy on the postsecondary educational institution’s internet website.

(3) Notify students and faculty of the location of the medical leave of absence policy on the postsecondary educational institution’s internet website by sending an email at the beginning of each academic semester or term.

(4) For a postsecondary educational institution with an on-campus medical center, require the medical center to provide a copy of the medical leave of absence policy to a student who requests information regarding policies or protections for students facing health and mental health challenges and when otherwise appropriate.

(5) Require the registrar’s office and the campus administrator’s office to provide a copy of the medical leave of absence policy to a student who requests information on withdrawing from the institution.

(e) If, on or after the date of implementation, any provision of this section conflicts with federal law or regulations, that provision shall be rendered inoperative for the duration of the conflict and without affecting the whole.(f) This section shall not be construed or implemented in a manner that would prevent a postsecondary educational institution from adjudicating, pursuant to the institution’s adjudication procedures, an alleged violation of the student code of conduct by a student who has taken, or is currently on, a medical leave of absence from the institution.

(e)

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

(1) “Adjudication procedures” means a postsecondary educational institution’s established process to determine if a student has violated the student code of conduct and the established process to respond when violations are sustained.

(1)

(2) “Medical” includes health- and mental health-related issues, including, but not limited to, anxiety, depression, eating disorders, and substance use disorders.

(2)

(3) “Postsecondary educational institution” means a campus of the University of California, the California State University, or the California Community Colleges, a private postsecondary educational institution, as defined in Section 94858, or an independent institution of higher education, as defined in Section 66010.

(4) “Student” means an undergraduate or graduate student, as recognized by the postsecondary educational institution, that is enrolled in coursework at the institution.(5) “Student code of conduct” means any rules or policies adopted by a postsecondary educational institution regarding the expectations or standards of student behavior on campus, including, but not limited to, standards related to academics, athletics, and sex discrimination.

SEC. 2.

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.