Postsecondary education: nondiscrimination: pregnancy or pregnancy-related issues

Postsecondary schools must keep pregnant and parenting students able to participate in academics and activities rather than forcing them out or limiting their studies. The law extends protections and accommodation rights to undergraduates as well as graduate students.

What the law does ​

• Bars covered colleges from discriminating against students or applicants based on pregnancy-related conditions, actual or potential familial status, or marital status.
• Prohibits schools from requiring pregnancy-related leave or withdrawal from educational or extracurricular programs, or limiting undergraduate or graduate studies.
• Requires individualized reasonable accommodations, including medically necessary excused absences, schedule changes, test and coursework extensions, lactation breaks, and health- or safety-related adjustments.
• Preserves students’ choice to accept or reject accommodations, while allowing schools to retain essential academic, licensing, clinical, laboratory, and competency requirements.
• Gives students taking qualifying parental leave time extensions toward degrees or certificates and a right to return in good academic standing under specified conditions.
• Requires each institution to appoint and train at least one compliance coordinator, inform students of accommodation rights, maintain written complaint policies, and publish notices of protections.
• Requires the Board of Governors of the California Community Colleges to adopt a systemwide policy by July 1, 2027, for district adoption by September 1, 2027.

Who it affects ​

• Students and applicants at University of California, California State University, California Community Colleges, and state-aided or state-financial-aid-supported private postsecondary institutions.
• Pregnant students, students recovering from pregnancy-related conditions, and students who are parents or taking leave after a child’s birth.
• College faculty, staff, employees, and institutional compliance coordinators.

Context ​

The law defines pregnancy-related conditions to include pregnancy, childbirth, termination of pregnancy, lactation, related medical conditions, and recovery.

Breakdown ​

Expanded Protections in Higher Education ​

The bill adds more characteristics to the state policy requiring equal rights and opportunities in postsecondary schools. It also makes clear that protections based on gender include pregnancy and pregnancy-related conditions.

Key takeaways

• The bill adds ancestry, national origin, medical condition, marital status, familial status, citizenship, and primary language to the protected characteristics listed in the Equity in Higher Education Act.
• Postsecondary institutions must apply the state’s equal-opportunity policy to the newly listed characteristics.
• The bill expands the definition of gender to include pregnancy and pregnancy-related conditions.
• This change expressly places pregnancy-related protections within the act’s gender-based nondiscrimination policy.

Pregnancy Protections for College Students ​

Starting September 1, 2027, postsecondary schools may not discriminate against students or applicants because of pregnancy, pregnancy-related conditions, actual or potential family status, or marital status. Schools must provide reasonable accommodations so pregnant students, including undergraduate students, can continue to access educational programs and activities. Schools must also designate a staff coordinator and ensure certain employees tell students about accommodation rights when informed of a pregnancy-related condition.

Key takeaways

• The protections expand beyond graduate students to cover undergraduate students, other students, and applicants.
• Schools cannot require a student to take leave or withdraw from an educational or extracurricular program because of pregnancy or a pregnancy-related condition.
• Schools cannot limit a student’s undergraduate or graduate program because of pregnancy or a pregnancy-related condition.
• Schools must make reasonable accommodations that allow students experiencing pregnancy-related conditions to keep equal access to programs and activities.
• Each postsecondary school must designate at least one employee to coordinate compliance with these requirements.
• Certain employees who learn directly of a student’s pregnancy or pregnancy-related condition must tell the student about accommodation rights and provide the coordinator’s contact information.

Leave Rights for Undergraduate Parents ​

Starting September 1, 2027, the bill extends certain pregnancy and parenting leave protections to undergraduate students. Undergraduates who are pregnant, have recently given birth, or are not the birth parent may take a leave of absence and receive more time to complete a degree or certificate under the same rules described for graduate students.

Key takeaways

• Beginning September 1, 2027, eligible undergraduate students may take a leave of absence for pregnancy, childbirth, or becoming a nonbirth parent.
• Pregnant students and students who recently gave birth may receive the leave period and extension rules already described for graduate students.
• Undergraduate students who are not the birth parent may also receive the leave period and extension rules already described for graduate students.
• The added time applies toward completing an undergraduate degree or certificate.

Expanded Pregnancy Protections for Students ​

Starting September 1, 2027, colleges must expand their written pregnancy-discrimination policies from graduate students to all students, including undergraduates. They must give the revised policy to all students at orientation and post notices of these protections online and through campus medical centers. The California Community Colleges system must create and adopt systemwide rules to carry out these requirements.

Key takeaways

• Postsecondary institutions must revise their pregnancy-discrimination policies to cover undergraduate as well as graduate students by September 1, 2027.
• Institutions must provide the revised policy to all students attending orientation sessions.
• Institutions must post notice of these protections on their websites and make the notice available through on-campus medical centers.
• The California Community Colleges Board of Governors must adopt systemwide regulations by July 1, 2027, including these requirements and implementation best practices.
• Each community college district governing board must adopt the systemwide regulations by September 1, 2027.