Download "Know Your Rights: Pregnant or Parenting? Title IX Protects You From Discrimination
at School" from the U.S. Department of Education Office for Civil Rights
Title IX of the Education Amendments of 1972 (“Title IX”), 20 U.S.C. §1681 et seq., is a Federal civil rights law that prohibits discrimination on the basis of sex—including
pregnancy and parental status—in educational programs and activities.
All public and private schools, school districts, colleges, and universities receiving
any Federal funds (“schools”) must comply with Title IX.
Here are some things you should know about your rights:
Classes and School Activities – your school MUST:
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Allow you to continue participating in classes and extracurricular activities even though you are pregnant. This means that you can still participate in advanced
placement and honors classes, school clubs, sports, honor societies, student leadership
opportunities, and other activities, like after-school programs operated at the school.
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Allow you to choose whether you want to participate in special instructional programs or classes for pregnant students.
You can participate if you want to, but your school cannot pressure you to do so. The alternative program must provide the same types of academic, extracurricular
and enrichment opportunities as your school’s regular program.
- Allow you to participate in classes and extracurricular activities even though you
are pregnant and not require you to submit a doctor’s note unless your school requires a doctor’s note from all students who have a physical or emotional
condition requiring treatment by a doctor. Your school also must not require a doctor’s
note from you after you have been hospitalized for childbirth unless it requires a
doctor’s note from all students who have been hospitalized for other conditions.
- Provide you with reasonable adjustments, like a larger desk, elevator access, or allowing you to make frequent trips to the
restroom, when necessary because of your pregnancy.
Excused Absences and Medical Leave – your school MUST:
- Excuse absences due to pregnancy or childbirth for as long as your doctor says it is necessary.
- Allow you to return to the same academic and extracurricular status as before your medical leave began,
which should include giving you the opportunity to make up any work missed while you were out.
- Ensure that teachers understand the Title IX requirements related to excused absences/medical
leave. Your teacher may not refuse to allow you to submit work after a deadline you missed
because of pregnancy or childbirth. If your teacher’s grading is based in part on
class participation or attendance and you missed class because of pregnancy or childbirth,
you should be allowed to make up the participation or attendance credits you didn’t
have the chance to earn.
- Provide pregnant students with the same special services it provides to students with temporary medical conditions. This includes homebound instruction/at-home tutoring/independent study.
Harassment – your school MUST:
- Protect you from harassment based on sex, including harassment because of pregnancy or related conditions. Comments
that could constitute prohibited harassment include making sexual comments or jokes
about your pregnancy, calling you sexually charged names, spreading rumors about your
sexual activity, and making sexual propositions or gestures, if the comments are sufficiently
serious that it interferes with your ability to benefit from or participate in your
school’s program.
Policies and Procedures – your school MUST:
- Have and distribute a policy against sex discrimination. It is recommended that the policy make clear that prohibited sex discrimination
covers discrimination against pregnant and parenting students.
- Adopt and publish grievance procedures for students to file complaints of sex discrimination, including discrimination related
to pregnancy or parental status.
- Identify at least one employee in the school or school district to carry out its responsibilities
under Title IX (sometimes called a “Title IX Coordinator”) and notify all students and employees of the name, title, and contact information
of its Title IX Coordinator. These responsibilities include overseeing complaints
of discrimination against pregnant and parenting students.
Helpful Tips for Pregnant and Parenting Students:
- Ask your school for help—meet with your school’s Title IX Coordinator or counselor regarding what your school
can do to support you in continuing your education.
- Keep notes about your pregnancy-related absences, any instances of harassment and your interactions
with school officials about your pregnancy, and immediately report problems to your school’s Title IX Coordinator, counselor, or other staff.
- If you feel your school is discriminating against you because you are pregnant or
parenting you may file a complaint:
- Using your school’s internal Title IX grievance procedures.
- With the U.S. Department of Education, Office for Civil Rights (OCR), even if you
have not filed a complaint with your school. If you file with OCR, make sure you do
so within 180 days of when the discrimination took place.
- In court, even if you have not filed a complaint with your school or with OCR.
- Contact OCR if you have any questions. We are here to help make sure all students, including pregnant and parenting students, have equal educational opportunities!
If you want to learn more about your rights, or if you believe that a school district,
college, or university is violating Federal law, you may contact the U.S. Department
of Education, Office for Civil Rights, at (800) 421-3481 or ocr@ed.gov. If you wish to fill out a complaint form online, you may do so at: http://www.ed.gov/ocr/complaintintro.html.
