AB 302 — Pupil services: lactation accommodations.

Summary

Existing law requires an employer to provide a reasonable amount of break time to accommodate an employee desiring to express breast milk for the employee's infant child. Existing law requires the employer to make reasonable efforts to provide the employee with the use of a room or other location, other than a toilet stall, in close proximity to the employee's work area, for the employee to express milk in private. Existing law establishes the California School Age Families Education Program, which is a comprehensive, continuous, and community linked school-based program that focuses on youth development and dropout prevention for pregnant and parenting pupils and on child care and development services for their children. Existing federal law requires an educational institution to treat pregnancy, childbirth, recovery from childbirth, and other specified conditions in the same manner and under the same policies as any other temporary disability. Existing law also prohibits discrimination on the basis of disability, gender, or other specified characteristics in any program or activity conducted by an educational institution that receives, or benefits from, state financial assistance or enrolls pupils who receive state financial aid. This bill would require a school operated by a school district or a county office of education, the California School for the Deaf, the California School for the Blind, and a charter school to provide, only if there is at least one lactating pupil on the school campus, reasonable accommodations to a lactating pupil on a school campus to express breast milk, breast-feed an infant child, or address other needs related to breast-feeding. The bill would require that these reasonable accommodations include, but are not limited to, access to a private and secure room, other than a restroom, to express breast milk or breast-feed an infant child, permission to bring onto a school campus any equipment used to express breast milk, access to a power source for that equipment, and access to a place to safely store expressed breast milk. The bill would also require that a lactating pupil on a school campus be given a reasonable amount of time to accommodate the need to express breast milk or breast-feed an infant child. The bill would prohibit a pupil from incurring an academic penalty as a result of her use, during the schoolday, of these reasonable accommodations. The bill would authorize a complaint of noncompliance with the requirements of the bill to be filed with the local educational agency, and would require the local educational agency to respond to such a complaint, in accordance with specified procedures. The bill would also authorize a complainant to appeal a decision of the local educational agency to the State Department of Education and would require the department to issue a written decision within 60 days of its receipt of the appeal. The bill would require a local educational agency to provide a remedy to the affected pupil if the local educational agency finds merit in a complaint or if the Superintendent of Public Instruction finds merit in an appeal. The bill would also include a statement of legislative findings and declarations. By imposing additional duties on local educational agencies, 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 these statutory provisions.

Bill Text

• Chaptered 10/09/15 - Chaptered Current pdf October 09, 2015
• Enrolled 09/08/15 - Enrolled pdf September 08, 2015
• Amended 07/14/15 - Amended Senate pdf July 14, 2015
• Amended 06/01/15 - Amended Assembly pdf June 01, 2015
• Amended 04/20/15 - Amended Assembly pdf April 20, 2015
• Amended 03/26/15 - Amended Assembly pdf March 26, 2015
• Introduced 02/12/15 - Introduced pdf February 12, 2015
• AB302 View text html

Action History

1. October 09, 2015

   Chaptered by Secretary of State - Chapter 690, Statutes of 2015.

2. October 09, 2015

   Approved by the Governor.

3. September 16, 2015

   Enrolled and presented to the Governor at 4 p.m.

4. September 03, 2015

   Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 62. Noes 14. Page 2835.).

5. September 01, 2015

   In Assembly. Concurrence in Senate amendments pending. May be considered on or after September 3 pursuant to Assembly Rule 77.

6. September 01, 2015

   Read third time. Passed. Ordered to the Assembly. (Ayes 28. Noes 9. Page 2344.).

7. August 31, 2015

   Read second time. Ordered to third reading.

8. August 27, 2015

   From committee: Do pass. (Ayes 5. Noes 2.) (August 27).

9. August 17, 2015

   In committee: Referred to APPR. suspense file.

10. July 14, 2015

    Read second time and amended. Re-referred to Com. on APPR.

11. July 13, 2015

    From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 7. Noes 1.) (July 8).

12. June 18, 2015

    Referred to Com. on ED.

13. June 03, 2015

    In Senate. Read first time. To Com. on RLS. for assignment.

14. June 03, 2015

    Read third time. Passed. Ordered to the Senate. (Ayes 60. Noes 17. Page 1866.)

15. June 02, 2015

    Read second time. Ordered to third reading.

16. June 01, 2015

    Read second time and amended. Ordered returned to second reading.

17. May 28, 2015

    From committee: Amend, and do pass as amended. (Ayes 12. Noes 4.) (May 28).

18. April 29, 2015

    In committee: Set, first hearing. Referred to APPR. suspense file.

19. April 21, 2015

    Re-referred to Com. on APPR.

20. April 20, 2015

    Read second time and amended.

21. April 16, 2015

    From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 6. Noes 1.) (April 8).

22. April 06, 2015

    Re-referred to Com. on ED.

23. March 26, 2015

    From committee chair, with author's amendments: Amend, and re-refer to Com. on ED. Read second time and amended.

24. March 26, 2015

    Referred to Com. on ED.

25. February 13, 2015

    From printer. May be heard in committee March 15.

26. February 12, 2015

    Read first time. To print.

Sponsors

• Robert Garcia · Primary

Votes

Subjects