Rights for Pregnant and Parenting Pupils

Notification of Rights for Pregnant and Parenting Students

EE06: Marital, Parental, and Pregnancy Status

1. The LEA shall notify pregnant and parenting pupils of their rights and options available under the law through the annual school year welcome packets and through independent study packets. (EC Section 222.5(a))
2. The LEA shall also annually notify parents/guardians of pupils at the beginning of the regular school term of the rights and options available to pregnant and parenting pupils under the law. (EC Section 222.5(b))
3. The LEA shall apply no rule concerning a pupil’s actual or potential parental, family, or marital status that treats pupils differently on the basis of sex. (EC Section 221.51(a); 5 CCR Section 4950; 34 CFR Section 106.40(a))
4. The LEA shall not exclude or deny any pupil from any educational program or activity solely on the basis of the pupil’s pregnancy, childbirth, false pregnancy, termination of pregnancy, or recovery therefrom. (EC Section 221.51(b); 5 CCR Section 4950(a); 34 CFR Section 106.40(b)(1)).
5. Pregnant or parenting pupils shall not be excluded from participation in their regular school programs and shall not be required to participate in pregnant-pupil programs or alternative educational programs. (EC Section 221.51(d); 5 CCR Section 4950(c); 34 CFR Section 106.40(b)(1)).
6. Pregnant or parenting pupils who voluntarily participate in alternative programs shall be given educational programs, activities, and courses equal to the regular program.
   (EC Section 221.51(d); 5 CCR Section 4950(c); 34 CFR Section 106.40(b)(3)).
7. The LEA treats pregnancy, childbirth, false pregnancy, termination of pregnancy, and recovery therefrom in the same manner and under the same policies as any other temporary disability. (EC Section 221.51(e); 5 CCR Section 4950(d); 34 CFR Section 106.40(b)(4)).
8. The LEA shall not make pre-admission inquiry as to the marital status of an applicant for admission, including whether such applicant is “Miss” or “Mrs.” An LEA may make pre-admission inquiry as to the sex of an applicant for admission, but only if such inquiry is made equally of such applicants of both sexes and if the results of such inquiry are not used in connection with discrimination prohibited by Title IX. (34 CFR Section 106.21(c)(4))
9. The LEA shall provide reasonable accommodations to a lactating pupil on a school campus to express breast milk, breast-feed an infant child, or address other needs related to breast-feeding. A school shall be required to provide the reasonable accommodations specified only if there is at least one lactating pupil on the school campus.
   1. Reasonable accommodations under this section include, but are not limited to, all of the following:
      • Access to a private and secure room, other than a restroom, to express breast milk or breast-feed an infant child.
      • Permission to bring onto a school campus a breast pump and any other equipment used to express breast milk.
      • Access to a power source for a breast pump or any other equipment used to express breast milk.
      • Access to a place to store expressed breast milk safely.
   2. A lactating pupil shall be provided a reasonable amount of time to accommodate her need to express breast milk or breast-feed an infant child.
   3. Only school sites with at least one lactating pupil shall provide the reasonable accommodations specified above.  A school subject to this may use an existing facility to meet the requirements. 
   4. A pupil shall not incur an academic penalty as a result of her use, during the school day, of the reasonable accommodations specified in this section, and shall be provided the opportunity to make up any work missed due to such use. 

(EC Sections 222(a)- (e)) 

6.9 Pregnant and parenting pupils are entitled to accommodations that provide them with the opportunity to succeed academically while protecting their health and the health of their children. The following accommodations as rights of pregnant and parenting pupils. 

(a) A pregnant or parenting pupil is entitled to eight weeks or parental leave, which the pupil may take before the birth of the pupil's infant if there is a medical necessity and after childbirth during the school year in which the birth takes place, inclusive of any mandatory summer instruction, in order to protect the health of the pupil who gives or expects to give birth and the infant, and to allow the pregnant or parenting pupil to care for and bond with the infant. If the pupil is 18 years of age or older, or, if the pupil is under 18 years of age, the person holding the right to make educational decisions for the pupil, notify the school of the pupil’s intent to exercise this right.

(b)  A pregnant or parenting pupil who does not wish to take all or part of the parental leave shall not be required to do so.

(c)  A pregnant or parenting pupil is entitled to receive more than eight weeks of parental leave, if deemed medically necessary by the pupil’s physician.

(d)  When a pupil takes parental leave, the supervisor of attendance shall ensure that absences from the pupil’s regular school program are excused until the pupil is able to return to the regular school program or an alternative education program.

(e)  During parental leave taken, a local educational agency shall not require a pregnant or parenting pupil to complete academic work or other school requirements.

(f) A pregnant or parenting pupil may return to the school and the course of study in which he or she was enrolled before taking parental leave.

(g) Upon return to school after taking parental leave, a pregnant or parenting pupil is entitled to opportunities to make up work missed during his or her leave, including, but not limited to, makeup work plans and reenrollment in courses.

(h)  A pregnant or parenting pupil may remain enrolled for a fifth year of instruction in the school in which the pupil was previously enrolled when it is necessary in order for the pupil to be able to complete state and any local graduation requirements, unless the local educational agency makes a finding that the pupil is reasonably able to complete the local educational agency’s graduation requirements in time to graduate from high school by the end of the pupil’s fourth year of high school.

(i)  A pupil who chooses not to return to the school in which he or she was enrolled before taking parental leave is entitled to alternative education options offered by the local educational agency.

(j) A pregnant or parenting pupil who participates in an alternative education program shall be given educational programs, activities, and courses equal to those he or she would have been in if participating in the regular education program.

(k)  A pupil shall not incur an academic penalty as a result of his or her use of the accommodations.

(l)  A complaint of noncompliance with the requirements of this section may be filed with the local educational agency under the Uniform Complaint Procedures.

(EC Sections 46015(1) - (11))