Model District Policy for Expectant and Parenting Students

Policy Vision

The [XXXXX] School District (hereafter referred to as the district) is committed to the protection of
the educational rights of expectant and parenting students. Expectant and parenting students,
regardless of their marital status, have the same right as any other student to attend any district
school or program and to do so in an environment free of discrimination or harassment. The district
shall make reasonable adjustments to facilitate the equal access and full participation of expectant and
parenting students. The district will provide expectant and parenting students with the educational
options, resource information, and access to support and advocacy services that they need to achieve
educational success.

The district encourages expectant and parenting students to continue their education while receiving
necessary health, social service and day care services. Efforts to maximize their educational
participation shall be a cooperative undertaking between the school department and community
agencies providing services to this population. No student shall be excluded from, denied the benefit
of, or discriminated against under any educational program or activity because of pregnancy or
parenting responsibilities.

While the district expects expectant and parenting students to take responsibility for attendance and
academic success, the district recognizes that expectant and parenting students face additional
challenges, and is therefore committed to proactively reaching out to expectant and parenting
students to ensure that they receive necessary services and opportunities to achieve educational
success.

Title IX

Title IX of the Educational Amendments of 1972 and its implementing regulations1 stipulate that:
• No rule concerning a student’s actual or potential parental, family, or marital status which
treats students differently on the basis of sex shall be applied (Section 106.40).
• Schools must treat pregnancy, childbirth, false pregnancy, termination of pregnancy and
recovery therefrom in the same manner and under the same policies as any other temporary
disability with respect to any medical or hospital benefit, service, plan or policy the school
administers, operates, offers, or participates in with respect to the school’s students (Section
106.40).
• A physician’s note certifying that the student is physically and emotionally able to continue
participation may be required only if such certification is required for all students for other
physical or emotional conditions requiring the attention of a physician (Section 106.40).
• Students are permitted to take a leave of absence for pregnancy, childbirth, false pregnancy,
termination of pregnancy and recovery therefrom for so long a period of time as is deemed
medically necessary by the students’ physician, at the conclusion of which the student shall be
reinstated to the status which she held when the leave began (Section 106.40).

1Title IX of the Education Amendments of 1972, 20 U.S.C. §§ 1681-1688; 34 CFR§§ 106.31-106.40 (1975).
http://www2.ed.gov/policy/rights/reg/ocr/edlite-34cfr106.html#S40.
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 • Students shall not be discriminated against or excluded from education programming or
activity, including any class or extracurricular activity, on the basis of such student's pregnancy,
childbirth, false pregnancy, termination of pregnancy or recovery there from (Section 106.40).
• A student may participate in a program or activity for pregnant students, but participation
must be completely voluntary and the separate program or activity must be comparable to
that offered to non-pregnant students (Section 106.40).
• Requiring a student to take a course or participate in a program on the basis of sex is
prohibited (Section 106.34).
• Discriminatory counseling and use of materials that treat students differently on the basis of
sex are prohibited (Section 106.36).
• Discrimination is prohibited in activities that are part of the school’s education program even
if they are not directly run by the school. Thus, a student cannot be excluded from a program
such as student exchange, study abroad, or course work programs on any basis prohibited by
Title IX (Section 106.31(d)).

Appendix 1 provides a fact sheet that outlines how schools can ensure compliance with Title IX.
Schools can and should do more than adhere to the specific stipulations of Title IX to ensure
expectant and parenting students are protected from discrimination and can access the supports they
need to facilitate their equal access to education.

Definitions

Expectant student: Any student, male or female, who is either pregnant or is the partner of a pregnant
student
Parenting student: Any student, male or female who is the parent of a child

Sexuality Education and Teen Pregnancy Prevention

Schools within the district will provide comprehensive sexuality education, including information on
prevention of pregnancies and STIs, to promote sexual health. Comprehensive sexuality education will
include science-based information on delaying sex and contraceptive methods.

Appendix 2 provides a sample sexual health education policy reflecting recommendations on what an
effective policy includes.

Identifying and Engaging Expectant and Parenting Students

It is the responsibility of each middle and high school within the district to identify an expectant and
parenting student liaison to counsel students and to interface with internal and external resources.
This individual may be a guidance counselor, school nurse or member of the school administration.
The district will encourage schools to hire a new staff person with a background in and passion for
working with expectant and parenting youth if possible. Once identified, the school shall post the
name of this expectant and parenting student liaison on the school website. Should the expectant and
parenting student liaison step down, a replacement must be identified within [X] days.

The expectant and parenting student liaison must have access to students’ educational records, so that
he/she can work effectively with students to ensure that the student meets graduation requirements.

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The expectant and parenting student liaison will report to [XXXXX], [X] time(s) per year for a
performance review.

The expectant parenting student liaison will offer the supports outlined in the following bulleted list to
expectant and parenting students. The expectant or parenting student has the right to refuse services.

Expectant and Parenting Student Liaison Duties

The expectant and parenting student liaison shall:

a. Provide the expectant and/or parenting student with information about Title IX rights (see
Appendix 1) and how to report suspected Title IX violations.
b. Create a roadmap to graduation with each expectant or parenting student including leave and
return-to-school dates for maternity/paternity leave. 2 This roadmap will include an assessment
of the student’s outstanding graduation requirements and home and school factors that may
impact academic goals. The expectant and parenting student liaison will create a graduation
plan with the student that is designed to meet graduation requirements, further the student’s
post-graduation goals, provide flexible scheduling and alternative credit accrual options such as
online learning, and identify non-academic supports needed to achieve goals before, during and
immediately after maternity/paternity leave.
c. With consent of the student, make a reasonable attempt to include a key family or non-family
member who is identified by the student in the creation of the roadmap to graduation.
d. Before, during and after maternity/paternity leave, link the student to academic and socio-
emotional supports within school and provide resources and referral to academic and socio-
emotional supports outside of school (e.g. child care, health care, transportation, flexible
scheduling, alternative credit accumulation options, parenting classes).
e. Advocate for the student’s access to needed supports within the school and community.
f. Collaborate with community based organizations to accomplish duties listed under bullets “d”
and “e” above and to re-engage youth who have dropped out of school.
g. Maintain a current list of community programs serving expectant and parenting teens. See
Appendix 3 for a list of state funded, state-wide teen parent programs. 3

Reasonable Adjustments to Facilitate Full Participation

District schools and programs shall make reasonable adjustments to facilitate the equal access and full
participation of expectant and parenting students. Such adjustments, implemented on a case-by-case
basis, may include, but are not limited to, the following:
• Arrange for alternative credit-accrual options such as home-based independent study during
an extended pregnancy-related medical absence, supplemental instruction or online learning.
• Allow scheduling flexibility whenever possible to enable full participation and reduce school
tardiness and absences due to medical, childcare or other pregnancy or parenting related
concerns. Examples of such flexibility include:
o Completion of course credits through online learning options or independent study
o Later start times

2 Please contact The Massachusetts Alliance on Teen Pregnancy for a Roadmap to Graduation Guide, which includes
assessment, academic and other support planning and end of year review forms or go to www.massteenpregnancy.org.
3 Contact the Massachusetts Alliance on Teen Pregnancy to find out more about the community based organizations in your

area that serve expectant and parenting youth.

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 o Changes in academic track to minimize loss of school time and to provide access to
childcare (some schools offer tracks such as auto mechanics, culinary or early
education, which may allow for greater flexibility in the student’s schedule)
• Adjustments to address circumstances resulting from domestic or sexual violence
• Provide alternative activities in physical education programs when requested by student
• Provide a private location other than a restroom where the student can pump milk or
breastfeed, and provide access to refrigerated storage for breast milk
• Provide hall passes for bathroom use, pumping, and breastfeeding as needed
• Schedule classes in more accessible locations
• Allow elevator access when needed and possible
• Allow additional time for passing periods, lunch, pumping, and breastfeeding as needed

Confidentiality

Expectant and parenting students have the right to have their health and personal information kept
confidential. School staff should make every effort to keep personal information and health records
confidential within the boundaries of applicable law. Here are some important guidelines to ensure
confidentiality:
• Personal information students share with school personnel such as the expectant and
parenting student liaison, school nurse, social worker, psychologist or guidance counselor
should be kept confidential.
• Any data collected should be tracked using the student’s SASID # and de-identify the
parenting status of the student from his/her academic records. We recommend that schools
do not track pregnancy status. A school may store data that links the student name with
academic information and parenting status. However, when these data are aggregated (ideally,
beginning at the school level) the student’s name should be detached from the data using the
SASID #. Only a limited number school staff such as the graduation coach and guidance
councilor should have access to data where the student name is attached to parenting status.
Students must consent in writing that their parenting status may be tracked. The written
consent must include acknowledgement by the student that should he/she consent to the
tracking of his/her parenting status that his/her full academic record, including information
about parenting status may be accessible to his/her parents. The consent form and staff
collecting the data should explain that recording the student’s parenting status allows the
district to learn how many parenting students there are and how best to ensure these
students have the supports they need to succeed.
• An adult working with expectant or parenting students should encourage these youth to
consider informing their parents of a pregnancy. However the adult may not disclose this
information to the student’s parents or force or coerce the youth to inform his/her parents,
or any other individual, of any pregnancy or parenting related information.
• Fear of disclosure prevents some minors from seeking services. When minors are assured
that providers will respect their privacy and provide confidential care, they are more likely to
seek care, especially reproductive healthcare. Generally, when a minor has the right to
consent to treatment or testing, healthcare providers and school staff should keep information
related to the service confidential. However, there are circumstances in which confidentiality
may not be possible, including:
a. Cases of suspected child abuse or neglect, including sexual abuse. Mandated reporters
must report abuse or neglect of a minor by a caretaker to the Department of
Children and Family Services (DCF). According to DCF regulations, sexual abuse that
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 mandated reporters must report is “an act by a caretaker involving a child that
constitutes a sexual offense under the laws of the Commonwealth: or any sexual
contact between a caretaker and a child under the care of that individual. Consensual
sexual activity involving a teenager under 16 is not sexual abuse which per se must be
reported to DCF unless the caretaker is involved. 4 An under 16 year old seeking
contraception in and of itself or knowledge of an under 16 year old who is sexually
active should not be reported absent other indications of abuse. The Office of the
Child Advocate “endorses the view that minors must be able to seek health
counseling about sexual relations without fearing that a report will be filed
automatically.” 5;
b. Threats by the minor against self or others;
c. Cases where there is a serious risk to the minor’s life or health. 6 Learning of a
pregnancy or parenting status is not in and of itself a serious risk to the minor’s life or
health.

Attendance and Tardiness

A. Attendance
Every child between the ages of 6 and 16 has the right and the obligation to attend school.
Expectant and parenting students have the same right and obligation under compulsory school
attendance laws. This attendance right and obligation applies to students regardless of their
marital or parental status.

B. Short Term Excused Absences

Students with excused absences or tardiness such as pregnancy-related illnesses or the
medical care of related conditions shall be treated like all other students with excused
absences or tardiness for short-term disability or medical reasons. Students with excused
absences shall be allowed to complete all assignments and tests missed, or a reasonable
equivalent of the work missed, during the absences within a reasonable time period. Students
shall be given full credit upon satisfactory completion of that work.

A student who is the parent of a child shall be considered excused when his or her absence or
tardiness is due to the illness or the medical appointment of his/her child or as a result of the
student’s pre- or post-natal medical conditions.

A student who is the parent of a child shall also be considered excused due to lack of child
care when the student has made a reasonable effort to secure and maintain reliable child care.
The expectant and parenting student liaison, or if there is no expectant and parenting student
liaison, the guidance counselor or the school nurse will take part in determining whether the
student has made a reasonable effort to secure child care.

A school may require verification of appointments from expectant students’ licensed

healthcare providers or the licensed healthcare providers for students’ children only if such

4 110 CMR, section 2.00 (“abuse” defined); see also Guide for Mandated Reporters at
http://www.mass.gov/Eohhs2/docs/dss/can_mandated_reporters_guide.pdf.
5 Gail Garinger, The Child Advocate (2010). Office of the Child Advocate Annual Report 2009. The Commonwealth of

Massachusetts, Boston, MA.

6 Physicians for Reproductive Choice and Health. Minors Access to Confidential Reproductive Healthcare in Massachusetts: A

Practitioner’s Resource.
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 verification is also required from students for other medically related absences. Any such oral
or written verification, however, shall not appear in the student’s school records and shall be
stored in a separate confidential file.

C. Extended Excused Absences and Pregnancy/Parental Leave

Students are entitled to an extended absence or leave of absence for reasons of pregnancy
and related medical conditions, including pregnancy-related illness or health condition,
childbirth, and recovery therefrom. The leave shall be for at least the duration deemed
medically necessary by the student’s licensed healthcare provider.

Documentation from students’ licensed healthcare providers may be required for verification
of pregnancy and related medical conditions only if it is also required for absences due to
other medical conditions.

Student parents are also entitled to a fair and reasonable parental leave following the birth of a
new child. That leave may be taken sequentially following pregnancy leave. The student’s
family, school staff and medical professionals shall specify a fair and reasonable term for
parental leave with each expectant student. 7

At the conclusion of a pregnancy and/or parental leave, students must be reinstated at the
school with the same status as before the leave began.

Schools will support the continuation of learning during excused absence and leave, as
medically appropriate. Every reasonable effort should be made to provide school and home-
based independent study activities for students who are or will be absent for a significant
period of time due to illness, including pregnancy-related illnesses, childbirth and recovery, and
parental leave.

Students with extended excused absences must be allowed to complete all assignments and
tests missed, or a reasonable equivalent of the work missed during their absence within a
reasonable time period. Once work is satisfactorily completed, students must be given full
credit.

In addition, students who meet the requirements of this section may not be denied privileges
or the right to participate in any school activities due to their excused absence.

Compliance

The Office of [XXXXX] is responsible for ensuring that expectant and parenting students are
informed of their rights under this policy. Each school within the district must:

• Disseminate this policy among all school staff and administration, and must inform school staff,
students, and parents about the policy at the beginning of each school year. Schools shall post

7 Massachusetts law provides for up to eight weeks of maternity leave for employees related to childbirth or adoption.

Where no medical disabilities or other problems arise which would require a different period of leave, the state mandated
leave period may be considered a guide to reasonableness. See Mass. Gen Laws Chapter 150, Section 105D. Note that the
state anti-discrimination agency indicates that parenting leave must also be provided to males:
http://www.mass.gov/mcad/maternity1.html#1.
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 this policy on their website accompanied with a clear articulation of the consequences for
students and school staff if they discriminate against expectant and parenting students.
• Provide training for the expectant and parenting student liaison, through partnership with
community and state wide organizations familiar with issues facing expectant and parenting
teens. The training must include information on graduation requirements, flexible scheduling
options within school, alternative education options within the district, community resources,
issues facing expectant and parenting teens, confidentiality, Title IX stipulations relevant to
expectant and parenting students and the consequences for students and school staff if they
discriminate against expectant or parenting students. Schools shall identify a mechanism for
keeping the expectant and parenting student liaison informed of these requirements and
supports and provide the expectant and parenting student liaison with the necessary
administrative support to carry out the duties outlined in this policy.

Partnerships with Community Organizations

The school district recognizes that while it is the duty of schools to protect the educational rights of
expectant and parenting students and to make reasonable adjustments to facilitate the equal access
and full participation of expectant and parenting students, some supports for expectant and parenting
students are best provided by community organizations working in collaboration with schools. The
district supports existing programs and the establishment of new programs for expectant and
parenting students such as competency-based diploma programs, Graduate Equivalency Diploma
(GED), external diploma programs, and off-site educational programs such as community-based
educational programs.

References

• BPS Deputy Superintendent Memorandum. Policy Statement – School-Age Parents. No. 88,
1988-1989. September 7, 1988.
• Howard County Board of Education Policy 9100. Educational Programs for Pregnant and
Parenting Students. July 1, 2008.
• Los Angeles Unified School District Policy Bulletin. Pregnant and Parenting Students
Educational Rights. Number BUL-2060.0. October 25, 2005.
• Massachusetts Alliance on Teen Pregnancy (2010). Expecting Success: How Policymakers and
Educators Can Help Teen Parents Stay in School. Boston, MA.
• Massachusetts Alliance on Teen Pregnancy (2010). Interviews with expectant and parenting
student providers in programs exhibiting promising practices in keeping teen parents in
school. Providers were from Malden, Holyoke, Springfield, Chelsea and Boston.
• Physicians for Reproductive Choice and Health, American Academy of Pediatrics
Massachusetts Chapter, Abortion Access Project and American Civil Liberties Union of
Massachusetts (2006). Minor’s Access to Confidential Reproductive Healthcare in Massachusetts: A
Practitioner’s Resource.
• The National Women’s Law Center (2007). How to Keep Pregnant and Parenting Students from
Dropping Out: A Primer for Schools, Washington, D.C.

For more information please contact Liz Peck, Public Policy Director
617.483.9122 x101, epeck@massteenpregnancy.org

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APPENDIX 1: Title IX Guidelines for Schools

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APPENDIX 2: Sample Sexual Health Education Policy

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APPENDIX 3: Teen Parent Programs Fact Sheet

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