The Superintendent or designee shall not require a student, based on pregnancy, childbirth, false pregnancy, termination of pregnancy, lactation, or related medical conditions or recovery, to obtain certification from a physician or nurse practitioner indicating that the student is physically and emotionally able to continue participation in the district's education program or activity, including an extracurricular activity, unless the certified level of physical ability is necessary for participation and such certification is required of all students. (Education Code 221.51; 5 CCR 4950; 34 CFR 106.40)
Pregnant or parenting students may be excused for absences for medical appointments and other purposes specified in BP/AR 5113 - Absences and Excuses.
A student shall be excused for absences to care for a sick child for whom the student is the custodial parent. A note from a physician shall not be required for such an absence. (Education Code 48205)
A student who is pregnant or parenting, or has a related condition, shall be entitled to parental leave in order to protect the health of the student and/or the infant, and to allow the student to care for and bond with the infant. The period of the leave shall be the greater of eight weeks, or the length of time deemed medically necessary by the student's healthcare provider, or, if the district has a leave policy for which the student qualifies, the amount of time provided for in such policy. Such leave may be taken before the birth of the student'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. (Education Code 46015; 34 CFR 106.40)
The student, if age 18 years or older, or the student's parent/guardian shall notify the school of the student's intent to take parental leave. (Education Code 46015)
No student shall be required to take all or part of the parental leave. (Education Code 46015; 34 CFR 106.40)
When a student takes parental leave, the attendance supervisor shall ensure that absences from the regular school program are excused until the student is able to return to the regular school program or an alternative education program. A student who is pregnant or parenting, or has related conditions, shall not be required to complete academic work or other school requirements during the period of the parental leave. (Education Code 46015)
Following the leave, a student who is pregnant or parenting, or has related conditions, may elect to return to the school and the course of study in which the student was enrolled before taking parental leave or to an alternative education option provided by the district. (Education Code 46015; 34 CFR 106.40)
Upon return to school, a pregnant or parenting student shall have opportunities to make up work missed during the leave, including, but not limited to, makeup work plans and reenrollment in courses. (Education Code 46015)
When necessary to complete high school graduation requirements, the student may remain enrolled in school for a fifth year of instruction, unless the Superintendent or designee makes a finding that the student is reasonably able to complete district graduation requirements in time to graduate by the end of the fourth year of high school. (Education Code 46015)
Accommodations
When necessary, the district shall provide reasonable accommodations to enable a student who is pregnant or parenting, or with related conditions, to access the educational program. The district shall consult with the student when identifying potential modifications. Any modification accepted by the student shall be implemented. Any proposed modification that would fundamentally alter the nature of the district's education program or activity shall not be implemented. (34 CFR 106.40)
Reasonable modifications may include, but are not limited to: (34 CFR 106.40)
1. Breaks during class to express breast milk, breastfeed, or attend to health needs associated with pregnancy or related conditions, including eating, drinking, or using the restroom
2. Intermittent absences to attend medical appointments
3. Access to online or homebound education
4. Changes in schedule or course sequence
5. Extensions of time for coursework and rescheduling of tests and examinations
6. Allowing a student to sit or stand, or carry or keep water nearby
7. Counseling
8. Changes in physical space or supplies, such as access to a larger desk or a footrest
9. Elevator access
10. Any other change to policies, practices, or procedures
A student who is pregnant or who has a related condition shall have access to any services available to other students with temporary medical conditions. (34 CFR 106.40)
The school shall provide reasonable accommodations to any lactating student to express breast milk, breastfeed an infant child, or address other needs related to breastfeeding. A student shall not incur an academic penalty for using any of these reasonable accommodations, and shall be provided the opportunity to make up any work missed due to such use. Reasonable accommodations include, but are not limited to: (Education Code 222; 34 CFR 106.40)
1. Access to a private and secure room, other than a restroom, that is clean, shielded from view, and free from intrusion by others to express breast milk or breastfeed an infant child
2. Permission to bring onto a school campus a breast pump and any other equipment used to express breast milk
3. Access to a power source for a breast pump or any other equipment used to express breast milk 4. Access to a place to store expressed breast milk safely
5. A reasonable amount of time to accommodate the student's need to express breast milk or breastfeed an infant child
Complaints
Any complaint alleging discrimination on the basis of a student's current, potential, or past pregnancy, family, or marital status, district noncompliance with the requirements of Education Code 46015 or 34 CFR 106.40, or district noncompliance with the requirement to provide reasonable accommodations for lactating students, shall be investigated and resolved in accordance with the Title IX grievance procedures as specified in 34 CFR 106.44 and 106.45 and Administrative Regulation 5145.71 - Title IX Sex Discrimination and Sex-Based Harassment Complaint Procedures. (Education Code 222, 46015; 5 CCR 4600- 4670; 34 CFR 106.44, 106.45)
Program Evaluation
The Superintendent or designee shall periodically report to the Board regarding the effectiveness of district strategies to support current, potential, and past married, pregnant, and parenting students, which may include data on student participation in district programs and services, academic achievement, school attendance, graduation rate, and/or student feedback on district programs and services.
Policy Reference Disclaimer:
These references are not intended to be part of the policy itself, nor do they indicate the basis or authority for the board to enact this policy. Instead, they are provided as additional resources for those interested in the subject matter of the policy.
State References, Description
22 CCR 101151-101239.2 General requirements; licensed child care centers
22 CCR 101351-101439.1 Infant care centers
5 CCR 4600-4670 Uniform complaint procedures
5 CCR 4950 Nondiscrimination; marital and parental status Civ. Code 51 Unruh Civil Rights Act
Ed. Code 221.51 Nondiscrimination; married, pregnant, and parenting students
Ed. Code 222 Reasonable accommodations; lactating students
Ed. Code 222.5 Pregnant and parenting students; notification of rights
Ed. Code 230 Sex discrimination
Ed. Code 46015 Parental leave
Ed. Code 48050 Residents of adjoining states
Ed. Code 48205 Excused absences
Ed. Code 48206.3 Temporary disability; definition
Ed. Code 48220 Compulsory education requirement
Ed. Code 48410 Persons exempted from continuation classes
Ed. Code 48980 Parent/Guardian notifications
Ed. Code 49553 Nutrition supplements for pregnant/lactating students
Ed. Code 51220.5 Parenting skills and education
Ed. Code 51745 Independent study
Ed. Code 52610.5 Enrollment of pregnant and parenting students in adult education
Ed. Code 8200-8490 Child Care and Development Services Act
Fam. Code 7002 Description of emancipated minor
H&S Code 104460 Tobacco prevention services for pregnant and parenting students
Federal References, Description
20 USC 1681-1688 Title IX of the Education Amendments of 1972; discrimination based on sex
34 CFR 106.1-106.82 Discrimination on the basis of sex; effectuating Title IX
34 CFR 106.40 Marital or parental status
42 USC 1786 Special supplemental nutrition program for women, infants, and children 7
CFR 246.1-246.28 Special supplemental nutrition program for women, infants, and children
Management Resources References, Description
Attorney General Opinion 87 Ops.Cal.Atty.Gen. 168 (2004)
California Women's Law Center Publication Pregnant Students and Confidential Medical Services, 2013
California Women's Law Center Publication The Civil Rights of Pregnant and Parenting Teens in California Schools, 2002
Court Decision American Academy of Pediatrics et al v. Lungren et al (1997) 16 Cal.4th 307 Nondiscrimination on the Basis of Sex in Education Programs or Activities
Federal Register, Receiving Federal Financial Assistance, April 29, 2024, Vol. 89, No. 83, pages 33474-33896
U.S. Department of Education Publication, Supporting the Academic Success of Pregnant and Parenting Students under Title IX of the Education Amendments of 1972, rev. June 2013
Website, CSBA District and County Office of Education Legal Services 6
Management Resources References, Description
Website California Women's Law Center
Website U.S. Department of Agriculture, Women, Infants, and Children Program
Website U.S. Department of Education
Website California Department of Education
Cross References, Description
0410 Nondiscrimination In District Programs And Activities
1312.3 Uniform Complaint Procedures
1312.3 Uniform Complaint Procedures
1312.3-E(1) Uniform Complaint Procedures
1312.3-E(2) Uniform Complaint Procedures
1400 Relations Between Other Governmental Agencies And The Schools
4119.11 Sex Discrimination and Sex-Based Harassment
4119.11 Sex Discrimination and Sex-Based Harassment
4131 Staff Development
4219.11 Sex Discrimination and Sex-Based Harassment
4219.11 Sex Discrimination and Sex-Based Harassment
4319.11 Sex Discrimination and Sex-Based Harassment
4319.11 Sex Discrimination and Sex-Based Harassment
5030 Student Wellness
5112.1 Exemptions From Attendance
5112.1 Exemptions From Attendance
5113 Absences And Excuses
5113 Absences And Excuses
5113.1 Chronic Absence And Truancy
5113.1 Chronic Absence And Truancy
5113.11 Attendance Supervision
5113.12 District School Attendance Review Board
5113.12 District School Attendance Review Board
5131.6 Alcohol And Other Drugs
5131.6 Alcohol And Other Drugs
5131.62 Tobacco
5131.62 Tobacco
5141.25 Availability Of Condoms
5141.6 School Health Services
5141.6 School Health Services
5145.3 Nondiscrimination/Harassment
5145.3 Nondiscrimination/Harassment
5145.6 Parent/Guardian Notifications
5145.6-E(1) Parent/Guardian Notifications
Cross References, Description
5145.7 Sex Discrimination and Sex-Based Harassment
5145.7 Sex Discrimination and Sex-Based Harassment
5145.71 Title IX Sex Discrimination and Sex-Based Harassment Complaint Procedures
5145.71-E(1) Title IX Sex Discrimination and Sex-Based Harassment Complaint Procedures
5147 Dropout Prevention
5148 Child Care And Development
5148 Child Care And Development
6142.1 Sexual Health And HIV/AIDS Prevention Instruction
6142.1 Sexual Health And HIV/AIDS Prevention Instruction
6142.8 Comprehensive Health Education
6142.8 Comprehensive Health Education
6143 Courses Of Study
6143 Courses Of Study
6158 Independent Study
6158 Independent Study
6164.5 Student Success Teams
6164.5 Student Success Teams
6184 Continuation Education
6184 Continuation Education