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5146 BP Board Policy

Married/Pregnant/Parenting Students

The Governing Board recognizes that responsibilities pertaining to marriage, pregnancy, or parenting, including related obligations, 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 actual or potential pregnancy, childbirth, false pregnancy, termination of pregnancy, or related conditions or recovery. In addition, the district shall not adopt any rule concerning a student's actual or potential parental, family, or marital status that treats a student differently on the basis of sex. (Education Code 221.51, 230; 5 CCR 4950; 34 CFR 106.40) In accordance with Board Policy/Exhibit(1) 5145.6 - Parent/Guardian Notifications, 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) For district-related purposes, a student under 18 years of age who enters into a valid marriage is an emancipated minor who 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) Such rights include, but are not limited to, those related to the verification of student absences as specified in Administrative Regulation 5113 - Absences and Excuses, application for a work permit as specified in Administrative Regulation 5113.2 - Work Permits, and access to student records as specified in Administrative Regulation 5125 - Student Records. 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 students who are pregnant or parenting, 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) If required for students with any other temporary disabling condition, the Superintendent or designee may require a student, based on pregnancy, childbirth, false pregnancy, termination of pregnancy, or related 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 education program or activity. (Education Code 221.51; 5 CCR 4950; 34 CFR 106.40) To the extent feasible, the district shall provide educational and related support services, either directly 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: Child care and development services for the children of parenting students on or near school site(s) during the school day and during district-sponsored activities Parenting education and life skills instruction Special school nutrition supplements for pregnant and lactating students pursuant to Education Code 49553, 42 USC 1786, and 7 CFR 246.1-246.28 Health care services, including prenatal care Tobacco, alcohol, and/or drug prevention and intervention services Academic and personal counseling 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 Students who are pregnant or parenting may be excused for absences for medical appointments and other purposes specified in Board Policy/Administrative Regulation 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 shall be entitled to parental leave as permitted by law. 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. 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 18 years of age or older, or the student's educational rights holder shall notify the district of the student's intent to take parental leave, although failure to do so does not abridge any of the rights provided to the student under this policy. (Education Code 46015) No student shall be required to take all or part of the parental leave. (Education Code 46015) 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) Upon return to school, a student who is pregnant or parenting 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) Accommodations When necessary, the district shall provide accommodations to enable a student who is pregnant or parenting to access the educational program. Additionally, a student who is pregnant, experiences a false pregnancy, or terminates a pregnancy, or who must recover from any of these, shall have access to any services available to other students with temporary medical conditions. (34 CFR 106.40) The district 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) Access to a private and secure room, other than a restroom, to express breast milk or breastfeed 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 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 actual or potential pregnancy, marital, or parental status; district noncompliance with the requirements of Education Code 46015; or district noncompliance with the requirement to provide reasonable accommodations for lactating students shall be investigated and resolved in accordance with Board Policy/Administrative Regulation 1312.3 - Uniform Complaint Procedures. Program Evaluation The Superintendent or designee shall periodically report to the Board regarding the effectiveness of district strategies to support married, pregnant, and parenting students, which may include data on student participation in district programs and services, academic achievement, attendance, graduation rate, and/or student feedback on district programs and services.

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