Equal Educational Opportunity: Pregnant and Parenting Students

Note: For complaints of discrimination, harassment, and retaliation on the basis of sex or gender, see FFDA. For all other discrimination, harassment, and retaliation complaints related to this policy, see FFDB.

Title IX

A recipient which receives federal financial assistance shall not discriminate against any student, or exclude any student from its education program or activity, including any class or extracurricular activity, on the basis of such student's pregnancy, childbirth, false pregnancy, termination of pregnancy or recovery therefrom, unless the student requests voluntarily to participate in a separate portion of the program or activity of the recipient.

A recipient may require such a student to obtain the certification of a physician that the student is physically and emotionally able to continue participation so long as such a certification is required of

all students for other physical or emotional conditions requiring the attention of a physician.

A recipient which operates a portion of its education program or activity separately for pregnant students, admittance to which is completely voluntary on the part of the student as provided in this section, shall ensure that the separate portion is comparable to that offered to non-pregnant students.

A recipient shall treat pregnancy, childbirth, false pregnancy, termination of pregnancy, and recovery therefrom in the same manner and under the same policies as any other temporary disability with respect to any medical or hospital benefit, service, plan, or policy which such recipient administers, operates, offers, or participates in with respect to students admitted to the recipient's educational program or activity.

In the case of a recipient which does not maintain a leave policy for its students, or in the case of a student who does not otherwise qualify for leave under such a policy, a recipient shall treat pregnancy, childbirth, false pregnancy, termination of pregnancy and recovery therefrom as a justification for a leave of absence for so long a period of time as is deemed medically necessary by the student's physician, at the conclusion of which the student shall be reinstated to the status which she held when the leave began.

34 C.F.R. 106.40(b)

State Law

Protections for

Pregnant and

Parenting Students

In addition to the discrimination protections provided to pregnant or parenting students pursuant to Title IX of the Education Amendments of 1972, 20 U.S.C. Section 1681 et seq., institutions, including college districts, shall provide pregnant or parenting students the additional protections as set forth in this section. To the extent a student is afforded protections by both federal law and these rules, a student shall be entitled to the most liberal benefit available by these rules and federal law.

An institution of higher education may not require a pregnant or parenting student, solely because of the student's status as a pregnant or parenting student or due to issues related to the student's pregnancy or parenting, to:

1. Take a leave of absence or withdraw from the student's degree or certificate program;

2. Limit the student's studies;

3. Participate in an alternative program;

4. Change the student's major, degree, or certificate program; or

5. Refrain from joining or cease participating in any course, activity, or program at the institution.

"Parenting student" means a student who is the parent or legal

guardian of a child under 18 years of age.

Education Code 51.982(a)(2), (b); 19 TAC 4.372(2)

Early Registration

for Parenting

Students

If an institution provides early registration or pre-registration for courses or programs to any group of students, then the institution shall:

1. Provide a parenting student who meets said definition at the start of the semester registration period with equal access to early registration or pre-registration; and

2. Provide a parenting student information on their eligibility for early registration or pre-registration.

Education Code 51.983(b); 19 TAC 4.373

Leave of

Absence for

Pregnant or

Parenting

Students

An institution shall permit but not require a parenting or pregnant student to take a leave of absence related to a student's pregnancy or parenting status for a minimum of one semester without a showing of medical need.

An institution shall make every reasonable effort to facilitate leave for pregnant and parenting students within their degree program's curriculum and accreditation requirements. A student taking a leave of absence under this section may be taken with the advanced approval of the student's department or the designated office(s) by the institution.

An institution shall implement policies and procedures to ensure that the student is informed of possible impacts to their financial aid or scholarships. These institutional policies and procedures should encourage that students meet with the financial aid office before a student takes a leave of absence, where possible.

An institution shall ensure that a student in good academic standing at the time a leave of absence commences may return to their degree or certificate program in good academic standing not be required to reapply for admission so long as the program still exists at the institution and the program would still meet accreditation standards. The institution may require that the student fulfills revised requirements of the program if the program in effect when the student returns has changed.

Education Code 51.982(e); 19 TAC 4.375(c)

Additional

Accommodation

Related to a

Student’s

Pregnancy,

Childbirth, or

Resulting

Condition

An institution shall excuse absences related to a student's pregnancy or childbirth without a doctor's certification that such absence is necessary for the greater of three school days in a term or semester or the maximum number of excused absences that the institution would grant to another student enrolled in the same course for any reason. Notwithstanding that provision, an institution may ensure that the total number of excused absences does not result in a fundamental alteration to an essential program requirement or conflict with federal law or accreditation standards.

An institution shall allow a student a reasonable time to make up or complete any assignments or assessments due to such an excused absence consistent with the institution's policy regarding excused absences and make up work.

An institution shall provide a student with access to all course materials that are made available to a student with a temporary medical condition. This may include instructional materials, laboratory access, and recordings of class lectures, depending on the circumstances.

An institution shall provide any other reasonable accommodations to a pregnant student, including accommodations that:

1. Would be provided to a student with a temporary medical condition; or

2. Are related to the health and safety of the student and the student's unborn child.

Education Code 51.982(c)-(d); 19 TAC 4.375(b)

Policy and

Procedures

Required

Each institution of higher education shall adopt a policy for students on pregnancy and parenting discrimination. The policy must:

1. Include the contact information for the employee or office of the institution that is the designated point of contact for a student requesting each protection or accommodation under this section;

2. Be posted in an easily accessible, straightforward format on the institution's internet website; and

3. Be made available annually to faculty, staff, and employees of the institution.

Education Code 51.982(f)

Parenting Student

Liaison

An institution is required to designate a minimum of one employee to serve as a liaison officer for current or incoming students at the institution who are the parent or guardian of a child younger than 18 years of age. The liaison officer or officers shall provide a parenting student information on and access to resources designed to assist in their successful and timely degree or certificate completion. Such resources include:

1. Medical and behavioral health coverage and services;

2. Public health benefit programs, including programs related to

food security, affordable housing, and housing subsidies;

3. Parenting and child-care resources;

4. Employment assistance;

5. Transportation assistance;

6. Academic success services; and

7. Other resources provided by the institution.

An institution shall not condition student access to the liaison officer or officers or any resources on the student being required to consent to the release of their personally identifiable information.

Any such consent must be voluntary.

The institution shall post contact information for the liaison officer or officers and maintain that information on the institution's website in a manner that is readily available to current or incoming students at the institution who are the parent or guardian of a child younger than 18 years of age.

Education Code 51.9357(b); 19 TAC 4.374

Report on Parenting

Students

Not later than May 1 of each academic year, in the manner required by the Coordinating Board, an institution of higher education shall submit to the Coordinating Board a report that contains the following information regarding students enrolled at the institution for the current academic year who are the parent or guardian of a child younger than 18 years of age:

1. The number of those students;

2. Demographic data, including age, race, sex, and ethnicity;

3. Academic data, including full-time or part-time enrollment status and graduation, transfer, and withdrawal rates; and

4. Other data as prescribed by Coordinating Board rule.

Education Code 51.9357(c); 19 TAC 4.376