02 Apr Celebrating California’s AB1098
The Pregnant Scholar team is celebrating the introduction of California bill AB 1098. This bill, sponsored by CA Higher Education Committee Chair Mike Fong, would ban discrimination on the basis of pregnancy and parental status in higher ed, and put into California law critical protections for pregnant and parenting students such as pregnancy accommodations and parental leave. California is poised to be the first state to implement strong protections for pregnant and parenting students since federal protections were rolled back this January.
Learn more:
- See our factsheet on AB 1098.
- Share the news about the proposed law!
- Tell your story.
Our organization’s history is directly tied to the section of the Education Code that AB 1098 seeks to amend. Pregnant Scholar’s Co-Founder, the late Professor and former UC Berkeley Graduate Dean Mary Ann Mason, fought to create the section after observing pregnant students being denied changes to stay safe during pregnancy, mothers denied readmission after giving birth, and parents being told they would have to choose between their education and being engaged in their child’s life. We launched the Pregnant Scholar in early 2015 to help ensure the promise of that law was met, and in the ten years that followed we’ve seen remarkable results in keeping pregnant and parenting graduate students enrolled. But these problems weren’t limited to graduate students; undergraduates need protection, too.
The Pregnant Scholar has received hundreds of calls to our free legal helpline from undergraduate students in California struggling to continue their education due to institutional barriers that AB 1098 would address:
“Anne” was a student in the final months of her program when she was diagnosed with life threatening pregnancy complications. She needed regular doctors’ appointments to ensure her safety, yet Anne was told that if she missed even a portion of her daily class her overall grade would be cut by 10%. While remote work was available, Anne was denied access to it. She attempted to advocate for herself, even reaching out to her college’s president, only to be told there was nothing that could be done and that he “didn’t know what Title IX had to do with her.” Anne’s only options were to risk her life or drop out of school and risk her ability to provide for her growing family.
“Kate” remained enrolled throughout her pregnancy, even doing physically grueling field work, because no one told her she was eligible for Title IX accommodations to protect her health. Kate had life-threatening complications and delivered via c-section just as the semester began. The day after being discharged from the hospital she tried to go back to school, but was told that she had been dropped for not attending her first week of classes and would not be let back in.
“Benita” was a pregnant student suffering from severe pregnancy-related carpal tunnel syndrome, which made typing extremely painful. When she reached out to student affairs for assistance, instead of being connected with the available accessibility supports, she was advised to withdraw from her program.
“Michael” was a new father of twins in the Neonatal Intensive Care Unit, while his wife was hospitalized due to complications from childbirth. When he requested to postpone an exam to care for his critically ill children, he was told it was “his wife’s job” to handle such matters and that if he missed the test, he would fail without any guarantee of being able to return.
AB 1098 provides essential safeguards to ensure that what happened to these students does not happen to anyone else. First, the bill establishes a clear right under state law for pregnancy-related accommodations. AB 1098 would require that pregnant and postpartum undergraduates be provided reasonable accommodations, such as avoiding toxic chemicals or having access to more frequent bathroom breaks when needed. The comprehensive guidance within the text will ensure that the standards are well understood and easy to follow on campus. No pregnant student should be forced to choose between their health and their education—this bill would make sure that doesn’t keep happening in our state.
Next, AB 1098 would ensure that undergraduates, like graduate students, can take parental leaveand then return to their studies afterward. This provision is critical to preventing student parents from having to drop out—or being kicked out—due to childbirth recovery or infant care needs. Despite existing Title IX protections for medically necessary absences, we frequently hear from students who are pushed out of programs they have invested thousands of dollars and years of their lives into, resulting in long-term economic insecurity for their families. AB 1098 would help keep students on track to earn their degrees and achieve the brighter futures that come with completing their education.
Furthermore, AB 1098 would improve compliance by ensuring that college and university faculty, staff, and students are aware of the protections the law provides. Many institutions have complex processes for managing childbirth leave, health accommodations, or responding to harassment. This bill would prevent problems by requiring institutions to inform pregnant students of their rights and how to access support, and to adopt and publish written policies. These are best practices that will prevent discrimination and barriers to pregnant students’ educational access.
This bill could not have come at a better time. The Department of Education’s Office of Civil Rights, which is tasked with enforcing Title IX protections for pregnant and parenting students, has been gutted. The San Francisco office was shuttered, leaving over a thousand cases in limbo and causing uncertainty as to whether the Department will investigate complaints. It is imperative that the state step in to provide the guidance our students and educational institutions are no longer receiving from the federal government.
AB 1098 would prohibit at the state level discrimination based on the student’s current, potential, or past pregnancy related condition or parental status—ensuring that our students are safe from attempts to roll back the scope of federal protections and enforcement. The bill’s sections on pregnancy discrimination, medically necessary leave and accommodations align with the Department’s 2024 Title IX Rule, which was implemented following years of public comment and review. These provisions have received widespread support, and most CA educational institutions are already familiar with them. By enacting AB 1098, California can guarantee that our colleges and universities consistently provide equal educational opportunities to pregnant and parenting students, regardless of the turmoil in Washington.
