5146 BP - Pregnant/Parenting Students

Students
Board Policy No. 5146
Policy Adopted: December 19, 2024

PREGNANT/PARENTING STUDENTS

The Governing Board recognizes that responsibilities pertaining to marriage, pregnancy, or parenting, including related obligations, medical conditions, or recovery, may disrupt a student's education and increase the chance of a student dropping out of school. The Board desires to minimize interruption to such students' educational progress by supporting married, pregnant, and parenting students in their continued education, assisting them to attain strong academic and parenting skills, and promoting the healthy development of their child(ren).  

The district shall not exclude or deny any student from any educational program or activity, including any class or extracurricular activity, solely on the basis of the student's current, potential, or past pregnancy, childbirth, false pregnancy, termination of pregnancy, lactation, or related medical conditions or recovery. In addition, the district 
shall not adopt any rule concerning a student's actual, potential, or past parental, family, or marital status that discriminates against and/or treats a student differently on the basis of sex. (Education Code 221.51, 230; 5 CCR 4950; 34 CFR 106.40) 

The Superintendent or designee shall annually notify parents/guardians at the beginning of the school year of the rights and options available to pregnant and parenting students under the law. In addition, pregnant and parenting students shall be notified of the rights and options available under the law through annual school year welcome packets and through independent study packets. (Education Code 222.5, 48980) 

Any employee who is informed by a student, or a person who has a legal right to act on behalf of a student, of a student's pregnancy or related conditions shall provide that person with the Title IX Coordinator's contact information and inform the person that the Title IX Coordinator can coordinate specific acts to prevent sex discrimination, including sex-based harassment, and ensure the student's equal access to the district's education program or activity. (34 CFR 106.8) 

When notified of a student's pregnancy or related conditions, the Title IX Coordinator shall provide the student, and if applicable the person who has a legal right to act on behalf of the student and who notified the Title IX Coordinator of the student's pregnancy or related conditions, with the district's notice of nondiscrimination, as specified in Administrative Regulation 5145.3 - Nondiscrimination/Harassment and Exhibit (1) 5145.71 - Title IX Sex Discrimination and Sex-Based Harassment Complaint Procedures. The Title IX Coordinator shall also coordinate actions specified in 34 CFR 106.40 to prevent discrimination against, and ensure equal access to, the student, including the following: (34 CFR 106.44) 

1. Notifying the student that the district is required to not discriminate in its education program or activity against any student based on the student's current, potential, or past pregnancy or related conditions. However, a student's voluntary participation in a separate portion of the district's education program or activity does not constitute prohibited discrimination if the district ensures that the separate portion is comparable to that offered to students who are not pregnant and do not have related conditions. 

2. To the extent consistent with 34 CFR 106.40(b)(3), ensuring that pregnancy or related conditions are treated in the same manner and under the same policies as any other temporary medical condition with respect to any medical or hospital benefit, service, plan, or policy the district administers, operates, offers, or participates in with respect to students admitted to the district's education program or activity 

3. Informing the student that the district may not require the student who is pregnant or has related conditions to provide certification from a healthcare provider or any other person verifying that the student is physically able to participate in the district's class, program, or extracurricular activity unless the certified level of physical ability of health is necessary for participation in the class, program, or extracurricular activity; the district requires such certification of all participating students; and, the information obtained is not used as a basis for Title IX discrimination 

For school-related purposes, a student under the age of 18 years who enters into a valid marriage shall have all the rights and privileges of students who are 18 years of age or older, even if the marriage has been dissolved. (Family Code 7002) 

Education and Support Services for Pregnant and Parenting Students 

Pregnant and parenting students shall retain the right to participate in the regular education program or an alternative education program. The classroom setting shall be the preferred instructional strategy unless an alternative is necessary to meet the needs of the student and/or the student's child.  

Any alternative education program, activity, or course that is offered separately to pregnant or parenting students, including any class or extracurricular activity, shall be equal to that offered to other district students. A student's participation in such programs shall be voluntary. (Education Code 221.51; 5 CCR 4950) 

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) 

Absences 
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) 

Parental Leave 

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 

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