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Viewing Policy: BP 5146 – Married/Pregnant/Parenting Students



BP 5146

Students

Married/Pregnant/Parenting Students

The San Benito County Board of Education (County Board) recognizes that early marriage, pregnancy, or parenting and related responsibilities may disrupt a student’s education and increase the chance of a student dropping out of school. The County Borad therefore desires to support married, pregnant, and parenting students to continue their education, attain strong academic and parenting skills, and promote the healthy development of their children.

 

The San Benito County Office of Education (SBCOE) shall not discriminate against any student on the basis of the student’s marital status, pregnancy, childbirth, false pregnancy, termination of pregnancy, or related recovery. (Education Code 230; 34 CFR 106.40)

 

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 old, 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 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 his/her child.

 

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 SBCOE 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 indicating that the student is physically and emotionally able to participate in an educational program or activity.  (34 CFR 106.40)

 

Absences

 

Pregnant or parenting students may be excused for absences related to confidential medical appointments.

 

A parenting student may request exemption from attendance because of personal services that must be rendered to a dependent.

 

Reasonable Accommodations

 

When necessary, the SBCOE 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)

 

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

 

  1. Permission to bring onto a school campus a breast pump and any other equipment used to express breast milk

 

  1. Access to a power source for a breast pump or any other equipment used to express breast milk

 

  1. Access to a place to store expressed breast milk safely

 

  1. 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 – Uniform Complaint Procedures.

 

(cf. 1312.5 – Uniform Complaint Procedures)

 

Any complaint alleging SBCOE noncompliance with the requirements to provide reasonable accommodations for lactating students also may be filed in accordance with the SBCOE’s procedures in – Uniform Complaint Procedures. 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 SBCOE shall provide a remedy to the affected student. (Education Code 222; 5 CCR 4600-4687)

 

 

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

 

Policy Adopted: 6-28-18