What Are My Rights as a Pregnant or Parenting Student?
Pregnant and parenting students have certain rights under Title IX of the Education Amendments of 1972 (known as "Title IX"), which is federal legislation that prohibits discrimination on the basis of sex (including pregnancy and parental status) in educational programs and activities.
Further, Texas is one of a handful of states that explicitly protect pregnant and parenting university/college students at public institutions of higher education. This protection includes providing priority registration for student parents, having access to a campus student-parent advocate, and implementing pregnant and parenting anti-discrimination policies.
What Should I Expect?
Pregnant and parenting students should expect to obtain reasonable adjustments based on their pregnant and parenting status in order to maintain access to the educational environment. These students are expected to be proactive in requesting these adjustments and willing to work with the Title IX Coordinator for appropriate adjustments. TSU is unable to grant retroactive adjustments, so it is important to reach out early with requests.
- Reasonable Adjustments –TSU is required to provide reasonable adjustments to provide access for pregnant and parenting students. Some examples of reasonable adjustments may include:
- a larger desk
- elevator access
- breaks during class, as needed
- rescheduling tests or exams
- excusing absences due to pregnancy or related conditions
- submitting work after a deadline missed due to pregnancy or childbirth
- providing alternatives to make up missed work
- allowing excused absences for parenting students (both male and female)
- providing private areas for breastfeeding
- Excused Absences – Absences related to pregnancy or childbirth must be excused for as long as these absences are related to pregnancy and parenting status and are supported by appropriate documentation. Students should request support from the Title IX Coordinator by accessing the Pregnancy and Parenting Accommodation form . Beyond the requirements of Title IX, students with children may need to be absent in order to care for a sick child, cover a gap in child care/schooling, or other emergencies, and Instructors are encouraged to carefully consider accommodating such absences.
- Make-Up Work – Students returning to class after the birth of a child or after a break due to a pregnancy or pregnancy-related issue must be allowed to return to the same academic status as before the medical leave or absences began and given the opportunity to make up any work missed during the leave/absences. This includes an opportunity to make-up "participation" points that a student missed by virtue of not being in class. Further, any deadlines that were missed during the leave must be extended to allow submission of work.
- Withdrawal – Students who find themselves needing to withdraw from classes should speak with the Title IX Coordinator to discuss how the time off would affect the student's academic progress. Further, students who receive financial aid should meet with the Office of Financial Aid to learn what implications, if any, the withdrawal has on aid.
It is important to note that pregnant or parenting students are held to the level of academic standards and must meet the learning objectives that have been set for the course. Students must work with the Title IX Coordinator in order to determine what accommodations are reasonable so as to allow the student to complete all work while also achieving course outcomes.
How Do I Request Adjustments?
Adjustment requests should be directed to the Title IX Coordinator by accessing the Pregnancy and Parenting Accommodations form . The Coordinator will review the request and meet with the student to discuss the pregnant or parenting individual’s needs, and in some cases may ask for additional documentation that supports the requested adjustments.
Important Contacts
- Title IX Coordinator – The Title IX Coordinator is responsible for coordinating the university's efforts to comply with and carry out its responsibilities under Title IX.
- Student Accessibility Services Office (SASO) - This office is responsible for offering comprehensive services to students with disabilities. Some pregnancies may result in health conditions that may exacerbate existing disabilities. Some pregnancy complications may develop into qualifying disabilities.
- Financial Aid - This office is responsible for providing information about how extended absences and other matters might impact Financial Aid.
Pregnant and Parenting Accommodations
Title IX of the Education Amendments of 1972 (“Title IX”), 20 U.S.C. §1681 et seq., prohibits discrimination based on sex in educational programs and activities, which include providing protection for pregnant and parenting students. Pregnancy and pregnancy-related conditions protected by Title IX consist of the student’s pregnancy, childbirth, termination of pregnancy, false pregnancy, lactation, and medical conditions related to or recovery from these situations.
- Reasonable modifications may be offered to allow a pregnant student to participate in educational activities, so long as these accommodations do not result in a fundamental alteration of an educational program/activity or impose an undue burden on TSU.
- A student’s absences that are medically necessary due to pregnancy will be excused like any other excused absence so long as the required documentation is provided. Students are still expected to make up any academic requirements by their academic program’s policies.
- A student may take a voluntary leave of absence due to pregnancy or pregnancy-related conditions under TSU’s student leave policies for a minimum period a licensed healthcare provider deems medically necessary, and longer if permitted under university policy. The student will be reinstated to the same academic status (and extracurricular status, to the extent practical) when the leave begins. For certain professional schools, due to the nature of the curriculum and clinical experiences, a student may not be able to start back in the same semester where they left off but may need to take the course at the next course offering. This may result in a delay in program completion.
- There may be certain circumstances where a student does not qualify for a voluntary leave of absence under TSU’s leave policies. In such an event, the student should work with their university to determine whether they qualify for the leave as a Title IX pregnant and parenting accommodation.
- Students who are lactating will be provided with access to a safe, clean, private space that is not a restroom. Options for making up academic requirements and for temporary modifications vary depending on the student’s academic program requirements, the timing and duration of the student’s documented pregnancy-related need, and the nature of the academic requirement(s) missed. Caretaking of a partner/spouse, childcare, or baby bonding is not justification for modifications under Title IX.
Texas state law also provides protection for parenting students. For additional information regarding state law protections , visit http://ixe8.messianicfamilyfellowship.com/students-services/find-support/parenting
Documentation Requirements
Signed, dated, documentation on the physician’s official letterhead must be provided by a licensed healthcare provider who is not a family member of the student. Documentation should provide the following information:
- Name and signature of licensed care provider;
- Name of student being seen by the care provider/requesting modification;
- Verification of pregnancy/parental status The anticipated date of delivery/termination, or anticipated routine appointments;
- Functional limitations due to pregnancy or related condition (e.g., bedrest requirements, lactation needs, mobility or geographic limitations), and recent past medical emergencies (e.g., early delivery, unanticipated hospitalization due to complications, etc.); and
- Sufficient medical information must be provided by a licensed healthcare provider to enable the Title IX Coordinator to reasonably determine the nature, date, time, and duration of any medically necessary functional pregnancy-related absence, need, or limitation.
While there is no deadline to submit documentation or to request modifications, documentation should be submitted as soon as reasonably possible to maximize the options available to the student as the academic opportunities may be limited in some circumstances.
Pregnancy-related documentation may be submitted by a student who is a birthparent or a non-birthparent and may also be presented by an expectant father who is seeking pregnant and parenting accommodations.