CCSA Answers: Lactation Accommodations and Charter Schools

  • Print

June 10, 2016 Question: Do AB 302: Pupil Services: Lactation Accommodations and AB 1025: Lactation Accommodation apply to charter schools?

Answer: Yes. Accommodations for lactating California employees have been in effect since January 1, 2002. The California Lactation Accommodation Law, or AB 1025, entitles employees who are breastfeeding to:

  • A "reasonable" period of time in addition to a 10 minute rest break to express breast milk
  • Allow lactating employees to bring any equipment used to express breast milk to the workplace, including a breast pump
  • Provide access to a power source for that equipment and a place to safely store expressed milk
  • A private place to express that is near to the workplace and that is not a bathroom

AB 302 builds on AB 1025 by providing similar protections to lactating students. As of January 1, 2016, all public schools in California with at least one student who is lactating, including charter public schools, are required to:

  • Provide a private, secure room--other than a restroom--to deal with any needs associated with breastfeeding
  • Allow lactating students to bring any equipment used to express breast milk to school, including a breast pump
  • Provide access to a power source for that equipment and a place to safely store expressed milk
  • Provide students with reasonable break time or time away from the classroom to accommodate their lactation schedule
  • Ensure students do not incur an academic penalty for any such breaks they may require
  • Ensure students have the ability to make up any work missed during these breaks; and
  • Accept and investigate complaints of noncompliance under the Uniform Complaint Procedure, which requires schools to investigate complaints and issue a decision within 60 school days.

Read AB 1025 here.

Read AB 302 here.