S T A T E O F N E W Y O R K
________________________________________________________________________
3930
2017-2018 Regular Sessions
I N A S S E M B L Y
January 30, 2017
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Introduced by M. of A. SOLAGES -- read once and referred to the Commit-
tee on Higher Education
AN ACT to amend the education law, in relation to providing accommo-
dations for pregnant students at institutions of higher education
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The education law is amended by adding a new section 224-b
to read as follows:
§ 224-B ACCOMMODATIONS FOR PREGNANCY. 1. A. AN INSTITUTION OF HIGHER
EDUCATION OFFERING ASSOCIATE, BACCALAUREATE, OR GRADUATE DEGREE PROGRAMS
SHALL BE PROHIBITED FROM REQUIRING A GRADUATE STUDENT TO TAKE A LEAVE OF
ABSENCE, WITHDRAW FROM AN ASSOCIATE, BACCALAUREATE, OR GRADUATE PROGRAM,
OR LIMIT THE STUDENT'S STUDIES SOLELY DUE TO PREGNANCY OR PREGNANCY-RE-
LATED ISSUES.
B. AN INSTITUTION OF HIGHER EDUCATION OFFERING ASSOCIATE, BACCALAU-
REATE, OR GRADUATE DEGREE PROGRAMS SHALL PROVIDE REASONABLE ACCOMMO-
DATIONS TO A PREGNANT GRADUATE STUDENT TO ENABLE THE STUDENT TO COMPLETE
COURSEWORK AND RESEARCH. REASONABLE ACCOMMODATIONS TO A PREGNANT GRADU-
ATE STUDENT SHALL INCLUDE, BUT NEED NOT BE LIMITED TO, ALLOWANCES FOR
THE STUDENT'S HEALTH AND SAFETY, SUCH AS ALLOWING THE STUDENT TO MAIN-
TAIN A SAFE DISTANCE FROM HAZARDOUS SUBSTANCES, ALLOWING THE STUDENT TO
MAKE UP TESTS AND ASSIGNMENTS THAT ARE MISSED FOR PREGNANCY-RELATED
REASONS, ALLOWING A STUDENT TO TAKE A LEAVE OF ABSENCE, AND EXCUSING
MEDICALLY-NECESSARY ABSENCES.
C. AN INSTITUTION OF HIGHER EDUCATION OFFERING ASSOCIATE, BACCALAU-
REATE, OR GRADUATE DEGREE PROGRAMS SHALL DEVELOP AND ADOPT A WRITTEN
POLICY FOR GRADUATE STUDENTS ON PREGNANCY DISCRIMINATION AND PROCEDURES
FOR ADDRESSING PREGNANCY DISCRIMINATION COMPLAINTS UNDER TITLE IX OF THE
EDUCATION AMENDMENTS OF 1972, 20 U.S.C. SEC.1681 ET SEQ. OR UNDER THIS
SECTION. A COPY OF THE POLICY SHALL ANNUALLY BE MADE AVAILABLE TO ALL
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08458-01-7
A. 3930 2
FACULTY, STAFF, AND EMPLOYEES. THE POLICY SHALL BE DISTRIBUTED TO ALL
GRADUATE STUDENTS ATTENDING ORIENTATION SESSIONS AT THE INSTITUTION.
2. A. A GRADUATE STUDENT WHO CHOOSES TO TAKE A LEAVE OF ABSENCE
BECAUSE SHE IS PREGNANT OR HAS RECENTLY GIVEN BIRTH SHALL BE ALLOWED A
PERIOD CONSISTENT WITH THE POLICIES OF THE INSTITUTION OF HIGHER EDUCA-
TION IN WHICH SHE IS ENROLLED, OR A PERIOD OF TWELVE MONTHS, WHICHEVER
PERIOD IS LONGER, TO PREPARE FOR AND TAKE PRELIMINARY AND QUALIFYING
EXAMINATIONS. THE NORMATIVE TIME TO DEGREE WHILE IN CANDIDACY FOR A
GRADUATE DEGREE FOR A PREGNANT GRADUATE STUDENT SHALL BE INCREASED IN AN
AMOUNT EQUAL TO THE LENGTH OF THE LEAVE OF ABSENCE, UNLESS A LONGER
EXTENSION IS MEDICALLY NECESSARY.
B. 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 INSTITU-
TION OF HIGHER EDUCATION AT WHICH THE STUDENT IS ENROLLED, 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 GRAD-
UATE DEGREE, UNLESS A LONGER PERIOD OR EXTENSION IS MEDICALLY NECESSARY
TO CARE FOR THE STUDENT'S PARTNER OR THEIR CHILD.
3. A. AN ENROLLED GRADUATE STUDENT IN GOOD ACADEMIC STANDING WHO
CHOOSES TO TAKE A LEAVE OF ABSENCE BECAUSE SHE IS PREGNANT OR HAS
RECENTLY GIVEN BIRTH SHALL RETURN TO THE ASSOCIATE, BACCALAUREATE, OR
GRADUATE PROGRAM IN GOOD ACADEMIC STANDING FOLLOWING A LEAVE PERIOD
CONSISTENT WITH THE POLICIES OF THE INSTITUTION OF HIGHER EDUCATION AT
WHICH THE STUDENT IS ENROLLED 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 HER STANDING IN THE ASSOCIATE, BACCALAUREATE, OR
GRADUATE PROGRAM SHALL BE MAINTAINED DURING THAT PERIOD OF ABSENCE.
B. 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 ASSOCIATE, BACCA-
LAUREATE, OR GRADUATE PROGRAM IN GOOD ACADEMIC STANDING FOLLOWING A
LEAVE PERIOD CONSISTENT WITH THE POLICIES OF THE INSTITUTION OF HIGHER
EDUCATION AT WHICH THE STUDENT IS ENROLLED, OR OF UP TO ONE MONTH,
WHICHEVER PERIOD IS LONGER, SUBJECT TO THE REASONABLE ADMINISTRATIVE
REQUIREMENTS OF THE INSTITUTION.
§ 2. This act shall take effect immediately and shall apply to all
academic terms commencing on or after its effective date.