Title IX: Discrimination based on Pregnancy and Related Conditions for Students

SCUSD shall notify pregnant and parenting students of their rights and options available under the law each year, through annual school year welcome packets and other materials. 

SCUSD shall also annually notify parents/guardians/caregivers of students at the beginning of the regular school term of the rights and options available to pregnant and parenting students under the law.  

SCUSD shall not treat a student differently on the basis of sex or actual or potential parental, family, or marital status. 

No pre-admission inquiry as to the marital status of a student applicant/enrollee or student is permitted.

SCUSD shall not exclude or deny any student from any educational program or activity solely on the basis of the student’s pregnancy, childbirth, false pregnancy, termination of pregnancy, or recovery from any of these conditions. 

SCUSD treats pregnancy, childbirth, false pregnancy, termination of pregnancy, and recovery from any of these conditions in the same manner and according to the same policies as any other temporary disability. 

Students who are pregnant or parenting may choose to participate in their regular school programs and are not required to participate in alternative educational programs. Pregnant or parenting students who choose to participate in alternative educational programs will be provided educational programs and activities equivalent to regular school programs.

Pregnant or parenting students who are 18 years of age or who have permission from their parent/guardian/caregiver may have excused leave for up to 8 weeks or more without having to complete schoolwork or other requirements, or being subject to penalties. They may return to the same school and courses, and be provided time to make up work. They may choose to attend an alternative educational program with equivalent courses and activities to a regular school program. They may have a fifth year to complete high school graduation requirements unless the administration determines that they are capable of completing graduation requirements in four years. 

A student may not be penalized academically because of reasonable accommodations provided during the school day. A student must also be given the opportunity to make up missed work.  A teacher may not refuse to allow a student to submit work after missing a deadline because of absences due to pregnancy or childbirth.  Additionally, if a teacher’s grading is based in part on class attendance or participation, the student should be allowed to earn the missed credits and be reinstated to the student’s pre-leave status. 

SCUSD shall provide reasonable accommodations to a lactating student on a school campus to express breast milk, breast-feed an infant child, or address other needs related to breast-feeding. A school shall be required to provide the reasonable accommodations specified only if there is at least one lactating student on the school campus.

Reasonable accommodations under this section include, but are not limited to, all of the following:

1. Access to a private and secure room, other than a restroom, to express breast milk or breast-feed an infant child.

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

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

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

A lactating student shall be provided a reasonable amount of time to accommodate her need to express breast milk or breast-feed an infant child. A school subject to this may use an existing facility to meet the requirements. A student shall not incur an academic penalty as a result of her use, during the school day, of the reasonable accommodations specified in this section, and shall be provided the opportunity to make up any work missed due to such use. SCUSD is required to provide reasonable accommodations to lactating students on a school campus to address breast-feeding needs.

SCUSD may make a pre-admission inquiry as to the sex of an applicant or student, but only if such inquiry is made equally of all applicants or all students of both sexes and if the results of such inquiry are not used in connection with discrimination prohibited by Title IX.