Chapter 3.2Accommodation of Religious Creed

Section § 94355

Explanation

This law requires colleges and educational organizations in California that administer admission tests to allow students to take exams at a time that doesn't conflict with their religious beliefs. They must do this without penalizing the student. However, this rule doesn't apply if rescheduling the test would cause significant difficulty for the institution. In court cases regarding this hardship, the educational institution must prove that rescheduling was unfeasible. This law has been effective since January 1, 1997.

(a)CA Education Code § 94355(a) As a condition of doing business in this state, each postsecondary educational institution governed by Chapter 7 (commencing with Section 94700), and each organization that administers educational testing for use in the admissions process by any public or private postsecondary educational institution, shall, in administering any test or examination, permit any student who is eligible to undergo the test or examination to do so, without penalty, at a time when that activity would not violate the student’s religious creed.
(b)CA Education Code § 94355(b) This requirement shall not apply in the event that administering the test or examination at an alternate time would impose an undue hardship which could not reasonably have been avoided. In any court proceeding in which the existence of an undue hardship that could not reasonably have been avoided is an issue, the burden of proof shall be upon the institution.
(c)CA Education Code § 94355(c) This section shall become operative on January 1, 1997.
postsecondary educational institutions education testing student religious beliefs admissions process alternative test times religious creed accommodation undue hardship burden of proof educational organizations test scheduling test rescheduling religious accommodation
(Repealed (in Sec. 283) and added by Stats. 1995, Ch. 758, Sec. 283.5. Effective January 1, 1996. Section operative January 1, 1997, by its own provisions.)