Laws that Protect Lactating Students in College

California Law

Student Services: Lactation Accommodations 2018, Assembly Bill 2785, Rubio.

An act to add Section 66271.9 to the Education Code, relating to public postsecondary education.

This bill would require the California Community Colleges and the California State University, and encourage a satellite campus of these systems and the University of California, to provide reasonable accommodations to a lactating student on their respective campuses to express breast milk, breast-feed an infant child, or address other needs related to breast-feeding, as specified.

The bill would require the respective educational institution to provide a sink, in addition to the accommodations described above, upon the construction of a new campus of the California Community Colleges or the California State University, the replacement, expansion, or renovation of an existing building regularly used by students, or the construction of a new building designed for use by students, as specified.

This bill would not require an existing room designated for the specified purposes to contain a sink. The bill would also require that a lactating student on a college or university campus be given a reasonable amount of time to accommodate the need to express breast milk or breast-feed an infant child, and that the accommodation be available whenever a student is required to be on campus.

The bill would prohibit students from incurring an academic penalty as a result of their use of these reasonable accommodations. The bill would authorize a complaint of noncompliance with the requirements of the bill to be filed in accordance with specified procedures, and, if the complaint is found to have merit, would require the respective campus or appellate body to provide a remedy to the affected student.

This bill would require that these accommodations be implemented no later than January 1, 2020, and urge the University of California to implement the bill provisions by this date. By imposing additional duties on community college districts, this bill would impose a state-mandated local program.

Approved by Governor on September 30th, 2018.

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