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MARRIED / PREGNANT / PARENTING STUDENTS

ADMINISTRATIVE REGULATION - 5146

Early marriage, pregnancy, or parenting and related responsibilities may disrupt a student's education. The following guidelines are designed to provide needed supports and accommodations to remove barriers to allow students access to the education process.

 

Education and Support Services for Pregnant and Parenting Students

Pregnant and parenting students shall retain the right to participate in any comprehensive school or educational alternative 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 child of the student(s). Any education program or activity that is offered separately to pregnant 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. (5 CCR 4950)

 

As required for other students with physical or emotional conditions or temporary disabilities, the Superintendent or designee may require a student, based on pregnancy, childbirth, false pregnancy, termination of pregnancy, or related recovery, to obtain certification from a physician (Medical Doctor or Doctor of Osteopathy) indicating that the student is physically and emotionally able to participate in an educational program or activity. (34 CFR 106.40)

 

To the extent feasible, educational and related support services shall be provided, either through the district or in collaboration with community agencies and organizations, to meet the needs of pregnant and parenting students and their children. Such services may include, but are not limited to:

 

  1. Parenting education and life skills instruction
  2. Special school nutrition supplements for pregnant and lactating students pursuant to Education Code 49553, 42 USC 1786, and 7 CFR 246.1-246.28
  3. Linking students to county or community health care services, including prenatal care
  4. Tobacco, alcohol, and/or drug prevention and intervention services
  5. Academic and personal counseling
  6. Supplemental instruction to assist students in achieving grade-level academic standards and progressing toward graduation

As appropriate, teachers, administrators, and/or other personnel who work with pregnant and parenting students shall receive related professional development.

 

Absences

The Superintendent or designee may grant a student a leave of absence due to pregnancy, childbirth, false pregnancy, termination of pregnancy, and related recovery for as long as it is deemed medically necessary by a physician. At the conclusion of the leave, the student shall be reinstated to the status held when the leave began. (34 CFR 106.40) A parenting student may request exemption from attendance because of personal services that must be rendered to a dependent. (cf. 5112.1) Pregnant or parenting students may be excused for absences related to confidential medical appointments in accordance with BP/AR 5113 – Verification of Student Absences.

 

Reasonable Accommodations

When necessary, the district shall provide reasonable accommodations to pregnant and parenting students to enable them to access the educational program. A pregnant student shall have access to any services available to other students with temporary disabilities or medical conditions. (34 CFR 106.40) (cf. 6183 )

 

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)

 

  1. Access to a private and secure room, other than a restroom, 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 of discrimination on the basis of pregnancy or marital or parental status shall be addressed through the district's uniform complaint procedures in accordance with 5 CCR 4600-4687 and BP/AR 1312.3 - Uniform Complaint Policy. Any complaint alleging district noncompliance with the requirements to provide reasonable accommodations for lactating students also may be filed in accordance with the district's procedures in AR 1312.3 - Uniform Complaint Policy. A complainant who is not satisfied with the district's decision may appeal the decision to the California Department of Education (CDE). If the district or the CDE finds merit in an appeal, the district shall provide a remedy to the affected student. (Education Code 222; 5 CCR 4600-4687)

 

Program Evaluation

District staff will regularly monitor the effectiveness of district strategies to support married, pregnant, and parenting students, which may include data on participation rates in district programs and services, academic achievement, school attendance, graduation rate, and/or student feedback on district programs and services. (cf. 0500 ) (cf. 6162.5)

 

Legal Reference:
 

EDUCATION CODE

222 Reasonable accommodations; lactating students

230 Sex discrimination

8200-8498 Child Care and Development Services Act

48205 Excused absences

48220 Compulsory education requirement

48410 Persons exempted from continuation classes

49553 Nutrition supplements for pregnant/lactating students

51220.5 Parenting skills and education

51745 Independent study

52610.5 Enrollment of pregnant and parenting students in adult education

 

CIVIL CODE

51 Unruh Civil Rights Act

 

FAMILY CODE

7002 Description of emancipated minor

 

HEALTH AND SAFETY CODE

104460 Tobacco prevention services for pregnant and parenting students

 

CODE OF REGULATIONS, TITLE 5

4600-4687 Uniform complaint procedures

4950 Nondiscrimination, marital and parental status

 

CODE OF REGULATIONS, TITLE 22

101151-101239.2 General licensing requirements for child care centers

101351-101439.1 Infant care centers

 

UNITED STATES CODE, TITLE 20

1681-1688 Title IX, Education Act Amendments

 

UNITED STATES CODE, TITLE 42

1786 Special supplemental nutrition program for women, infants, and children

 

CODE OF FEDERAL REGULATIONS, TITLE 7

246.1-246.28 Special supplemental nutrition program for women, infants, and children

 

CODE OF FEDERAL REGULATIONS, TITLE 34

106.40 Marital or parental status

 

ATTORNEY GENERAL OPINIONS

87 Ops.Cal.Atty.Gen. 168 (2004)

 

COURT DECISIONS

American Academy of Pediatrics et al v. Lungren et al (1997) 16 Cal.4th 307

 

Management Resources:

 

CALIFORNIA WOMEN'S LAW CENTER PUBLICATIONS

Educational Rights of Pregnant and Parenting Teens: Title IX and California State Law Requirements

Pregnant Students and Confidential Medical Services

The Civil Rights of Pregnant and Parenting Teens in California Schools, 2002

 

U.S. DEPARTMENT OF EDUCATION PUBLICATIONS

Supporting the Academic Success of Pregnant and Parenting Students under Title IX of the Education Amendments of 1972, rev. June 2013

 

WEBSITES

California Department of Education: http://www.cde.ca.gov

California Women's Law Center: http://www.cwlc.org/resources

U.S. Department of Agriculture, Women, Infants, and Children Program: http://www.fns.usda.gov/wic

U.S. Department of Education: http://www.ed.gov

Policy Adopted: November 13, 2018