S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2359
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 22, 2019
                                ___________
 
 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.
                                                            LBD04255-01-9
              

 A. 2359                             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.