5146 - Married/Pregnant/Parenting Students

Pregnant and parenting students shall retain the right to participate in the regular education program or an alternative education program. The classroom setting shall be the preferred instructional strategy unless an alternative is necessary to meet the needs of the student and/or the student's child.

Any alternative education program, activity, or course that is offered separately to students who are pregnant or parenting, including any class or extracurricular activity, shall be equal to that offered to other SBCSS students. A student's participation in such programs shall be voluntary.  (Education Code 221.51; 5 CCR 4950)

If required for students with any other temporary disabling condition, the Superintendent or designee may require a student, based on pregnancy, childbirth, false pregnancy, termination of pregnancy, or related conditions or recovery, to obtain certification from a physician or nurse practitioner indicating that the student is physically and emotionally able to continue participation in the education program or activity provided such certification is required of all students for other physical or emotional conditions.  (Education Code 221.51; 5 CCR 4950; 34 CFR 106.40)

To the extent feasible, SBCSS shall provide educational and related support services, either directly or in collaboration with community agencies and organizations, to meet the needs of pregnant and parenting students and their children. Such services may include, but are not limited to:

1. Childcare and development services for the children of parenting students on or near school site(s) during the school day and during SBCSS sponsored activities
2. Parenting education and life skills instruction
3. Special school nutrition supplements for pregnant and lactating students pursuant to Education Code 49553, 42 USC 1786, and 7 CFR 246.1-246.28
4. Health care services, including prenatal care
5. Tobacco, alcohol, and/or drug prevention and intervention services
6. Academic and personal counseling
7. Supplemental instruction to assist students in achieving grade-level academic standards and progressing toward graduation

As appropriate, teachers, administrators, and/or other personnel who work with pregnant and parenting students shall receive related professional development.
 

Students who are pregnant or parenting may be excused for absences for medical appointments and other purposes specified in SBCSS Policy/Administrative Regulation 5113 - Absences and Excuses.

A student shall be excused for absences to care for a sick child for whom the student is the custodial parent. A note from a physician shall not be required for such an absence.  (Education Code 48205)

A student who is pregnant or parenting shall be entitled to parental leave as permitted by law. The period of the leave shall be the greater of eight weeks, or the length of time deemed medically necessary by the student's healthcare provider. Such leave may be taken before the birth of the student's infant if there is a medical necessity and after childbirth during the school year in which the birth takes place, inclusive of any mandatory summer instruction.  (Education Code 46015; 34 CFR 106.40)

The student, if 18 years of age or older, or the student's educational rights holder shall notify SBCSS of the student's intent to take parental leave, although failure to do so does not abridge any of the rights provided to the student under this policy.  (Education Code 46015)

No student shall be required to take all or part of the parental leave.  (Education Code 46015)

When a student takes parental leave, the attendance supervisor shall ensure that absences from the regular school program are excused until the student is able to return to the regular school program or an alternative education program. A student who is pregnant or parenting shall not be required to complete academic work or other school requirements during the period of the parental leave.  (Education Code 46015)

Following the leave, a student who is pregnant or parenting, may elect to return to the school and the course of study in which the student was enrolled before taking parental leave or to an alternative education option provided by SBCSS.  (Education Code 46015)

Upon return to school, a student who is pregnant or parenting shall have opportunities to make up work missed during the leave, including, but not limited to, makeup work plans and reenrollment in courses.  (Education Code 46015)

When necessary to complete high school graduation requirements, the student may remain enrolled in school for a fifth year of instruction, unless the Superintendent or designee makes a finding that the student is reasonably able to complete SBCSS graduation requirements in time to graduate by the end of the fourth year of high school.  (Education Code 46015)

When necessary, SBCSS shall provide accommodations to enable a student who is pregnant or parenting to access the educational program.

Additionally, a student who is pregnant, experiences a false pregnancy, or terminates a pregnancy, or who must recover from any of these, shall have access to any services available to other students with temporary medical conditions.  (34 CFR 106.40)

The SBCSS shall provide reasonable accommodations to any lactating student to express breast milk, breastfeed an infant child, or address other needs related to breastfeeding. A student shall not incur an academic penalty for using any of these reasonable accommodations and shall be provided the opportunity to make up any work missed due to such use. Reasonable accommodations include, but are not limited to:  (Education Code 222)

1. Access to a private and secure room, other than a restroom, to express breast milk or breastfeed 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
5. A reasonable amount of time to accommodate the student's need to express breast milk or breastfeed an infant child

Any complaint alleging discrimination on the basis of a student’s actual or potential pregnancy, marital, or parental status shall be addressed through the Uniform Complaint Procedures in accordance with 5 CCR 4600-4687 and Policy 1312.3. Any complaint alleging district noncompliance with the requirements to provide reasonable accommodations for lactating students also may be filed in accordance with SBCSS’s procedures in AR 1312.3 – Uniform Complaint Procedures. A complainant who is not satisfied with SBCSS’s decision may appeal the decision to the California Department of Education (CDE). If SBCSS or the CDE finds merit in an appeal, SBCSS shall provide a remedy to the affected student. (Education Code 222; 5 CCR 4600-4687)

The Superintendent shall periodically evaluate the effectiveness of SBCSS strategies to support married, pregnant, and parenting students, which may include data on student participation in SBCSS programs and services, academic achievement, attendance, graduation rate, and/or student feedback on SBCSS programs and services.

These references are not intended to be part of the policy itself, nor do they indicate the basis or authority for SBCSS to enact this policy. Instead, they are provided as additional resources for those interested in the subject matter of the policy.

5146 - Married Pregnant Parenting Students Policy