Fact Sheet
Title IX of the Education Amendments of 1972
is the primary federal
statutory guarantee of equal educational opportunity for pregnant
and parenting students. Title IX applies to a broad range of educational
institutions, including preschool, elementary, secondary and vocational
schools, as well as institutions of higher education and professional
schools. Title IX's coverage extends to most public and many private
institutions as long as these institutions receive federal funding.
General Prohibition Against Discrimination (Section 106.31)
Sex Discrimination is prohibited in the treatment of students; provision of aid, benefits, or services; the application of rules of conduct and disciplinary measures or other sanctions; and the determination and assessment of fees, including residency requirements of attendance, admission, or tuition.
Discrimination Against Pregnant Students (Section 106.40)
Schools are prohibited from discriminating against pregnant students
based upon their marital status and cannot discriminate against
a student because of childbirth, false pregnancy, or recovery
from these conditions.
A school is permitted to require a doctor's certificate from a
pregnant student only if the school imposes the same requirement
upon all other students with physical or emotional conditions
requiring a physician's care.
Participation in special schools or programs reserved or designed
for pregnant or parenting students must be completely voluntary
on the part of the student. Such programs or schools must be comparable
to programs and schools offered to non-pregnant students.
Schools must treat pregnancy as they treat other medical conditions.
Health plans, medical benefits, and related services are to be
provided to pregnant students in the same manner as services are
provided to students with "other temporary disabilities."
A pregnant student may be granted a leave of absence for as long
as it is deemed medically necessary and at the conclusion of her
leave must be allowed to resume the status she held when the leave
began.
Schools May Not Discriminate on the Basis of Marital or Parental Status (Section 106.40)
A school that excludes female students because of their marital
or parental status but permits male students who are married or
parents to continue their studies clearly violates this provision
of the regulations.
The statute may, in addition, serve as a vehicle to challenge
facially neutral rules that disproportionately harm students of
one gender. For example, a rule prohibiting parents from bringing
children under the age of six onto school property may violate
Title IX if it was created to prevent female student parents from
bringing babies to school or if it disproportionately affects
female rather than male students.
Discriminatory Courses and Programs are Prohibited (Section 106.34)
The Title IX regulations forbid requiring a student to take a
course or participate in a program on the basis of sex.
Classes devoted to human sexuality may be conducted separately
for males and females in elementary and secondary school classes.
Discriminatory Counseling and Use of Appraisal and Counseling Materials are Prohibited (Section 106.36)
Discriminatory counseling and materials that treat students differently on the basis of sex are prohibited.
Programs Not Run Directly by the School (Section 106.31 {d})
The regulations prohibit discrimination in activities that are
considered part of the school's education program even if they
are not entirely operated by the school. Therefore, a student
cannot be excluded from a program, such as a student exchange
program, foreign study and travel, or course work offered in conjunction
with other academic or non-academic institution on any basis prohibited
by Title IX.
Fact Sheet summarized from information in Equal Educational Opportunities
for Pregnant and Parenting Students: Meshing the Rights with the
Realities by the Women's Right Project of the American Civil Liberties
Union and the American Association of University Women, 1990.
