Pregnant or Parenting Students

Discrimination Based on Pregnancy and Related Conditions

Since 1975, Title IX Regulations have protected students and employees from discrimination based on pregnancy, childbirth, false pregnancy, termination of pregnancy, or recovery from any of these conditions. Title IX also prohibits schools from applying any rule related to a student’s parental, family, or marital status that treats students differently based on their sex.  

The Title IX regulations state that recipients of federal funds "shall not apply any rule concerning a student's actual or potential parental, family or marital status which treats students differently on the basis of sex... [and] shall not discriminate against any student, or exclude any student from its education programs or activity, including any class or extracurricular activity, on the basis of such student's pregnancy, childbirth, false pregnancy, termination of pregnancy or recovery therefrom, unless the student requests voluntarily to participate in a separate portion of the program or activity of the recipient."

Medical and Other Benefits and Services

Schools and districts must treat pregnancy, childbirth, false pregnancy, termination of pregnancy, and recovery therefrom the same as any other temporary disability with respect to any hospital or medical benefit, service, plan, or policy for students.

Medical Leave

If a school/district does not have a leave policy for its students, or if a student does not qualify for leave under the current policy, the school/district shall treat pregnancy, childbirth, false pregnancy, termination of pregnancy and recovery therefrom as a justification for a leave of absence for as long a period of time as is deemed medically necessary by the student's physician.  After the student returns, the student shall be reinstated to the status which she held when the leave began.

For more information, see:

• The 2020 Title IX Regulations
• October 2022 Discrimination Based on Pregnancy and Related Conditions, A Resource for Students and Schools

Adjustments

To ensure a pregnant student’s access to its educational program, when necessary, a school must make adjustments to the regular program that are reasonable and responsive to the student’s temporary pregnancy status. Schools/districts are required to provide the same special services to pregnant students provided to students with temporary medical conditions.  For example, a school might be required to provide a larger desk, allow frequent trips to the bathroom, or permit temporary access to elevators.

For more information, see:

• Supporting the Academic Success of Pregnant and Parenting Students, Revised June 2013
• June 25, 2013 Dear Colleague Letter
• Know Your Rights:  Pregnant or Parenting?  Title IX Protects You From Discrimination at School