5146
AR
Administrative Regulation
Married/Pregnant/Parenting Students
The Superintendent or designee may grant a student a leave of absence due to pregnancy, childbirth or abortion for as long as the leave is deemed medically necessary. At the conclusion of the leave, the student shall be reinstated to the status she held when the leave began. (34 CFR 106.40)
A pregnant or parenting student also may request exemption from attendance because of a physical or mental condition or because of personal services that must be rendered to a dependent. (Education Code 48410)
Cal-SAFE Program
A male or female student shall be eligible to enroll in the district's California School Age Families Education (Cal-SAFE) program if he/she: (Education Code 54747, 56026)
- Is an expectant parent, custodial parent, or noncustodial parent taking an active role in the care and supervision of the child
- Has not earned a high school diploma or its equivalent
- Meets one of the following additional conditions:
- Is age 18 years of age or younger.
- Is age 19 and has been continuously enrolled in the program since before his/her 19th birthday. Such a student may be enrolled in the program for one additional semester.
- The student is below age 22 and has an active individualized education plan.
Students shall be enrolled in the program on an open-entry and open-exit basis. (Education Code 54745)
A student shall not be denied initial or continuous enrollment because of having had multiple pregnancies, more than one child, or a change in eligibility status from expectant to parenting. (Education Code 54747)
No fees shall be charged to students or their families for services provided through the district's Cal-SAFE program. (Education Code 54745)
The Superintendent or designee shall complete an intake procedure regarding each student upon entry into the program, and periodically thereafter as necessary, to determine appropriate levels and types of services to be provided. (Education Code 54746)
The Superintendent or designee shall provide staff development and conduct community outreach in order to establish a positive learning environment and supportive school policies. (Education Code 54745)
The Superintendent or designee shall participate in the development of the county service coordination plan for providing educational and related support services to expectant and parenting teens and their children. He/she also shall participate in data collection and evaluation of the program. (Education Code 54744, 54745)
Legal & Management References
State
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
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
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
Attorney General Opinion - 87 Ops.Cal.Atty.Gen. 168 (2004)
California Women's Law Center Publication - Pregnant Students and Confidential Medical Services, 2013
Court Decision - Tennessee v. Cardona (2024) 737 F.Supp.3d 510
Court Decision - American Academy of Pediatrics et al v. Lungren et al (1997) 16 Cal.4th 307
Federal Register - Nondiscrimination on the Basis of Sex in Education Programs or Activities Receiving Federal Financial Assistance, May 19, 2020, Vol. 85, No. 97, pages 30026-30579
U.S. DOE, Office for Civil Rights Publication - Dear Colleague Letter: Enforcement of Title IX under the provisions of the 2020 Title IX Rule, February 4, 2025
Website - CSBA District and County Office of Education Legal Services
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
1312.3 AR Uniform Complaint Procedures
4131 AR Staff Development
5030 BP Student Wellness
5112.1 AR Exemptions From Attendance
5113 AR Absences And Excuses
5113.1 AR Chronic Absence And Truancy
5113.12 AR District School Attendance Review Board
5125 AR Student Records
5131.6 AR Alcohol And Other Drugs
5131.62 AR Tobacco
5141.6 BP School Health Services
5145.3 AR Nondiscrimination/Harassment
5145.6 BP Parent/Guardian Notifications
5145.6-E PDF(1) AR Parent/Guardian Notifications
5147 BP Dropout Prevention
6142.8 AR Comprehensive Health Education
6143 AR Courses Of Study
6158 AR Independent Study
6164.5 AR Student Success Teams
6184 AR Continuation Education