Presentation on theme: "Pregnant and Parenting Students"— Presentation transcript:
1Pregnant and Parenting Students Stacy FergusonEscamilla & Poneck, LLP
2Pregnancy Is the Most Common Family –Related Reason ….. As Of Oct.2009:Were Not Enrolled in High SchoolAnd Had Not Earned A High School Diploma or Alternate CredentialNearly 400,000 girls and young women between 15 and 19 years old gave birth in 2011, a rate of 34 per 1,000, according to the Centers for Disease Control and Prevention.51% of young mothers who had with a child before age 20 earn a HS diploma by age 222% of young mothers who had a child before age 18 earned college degree by age 30This is out of 38 mi
3Supporting the Academic Success of Pregnant and Parenting Students Title IX of the Education Amendments of 1972Office of Civil Rights/US Department of Education—June 2013“No person in the United states shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance.”
4US Department of Education (OCR) Published New Material: New Booklet Published Called “Supporting the Academic Success of Pregnant and Parenting StudentsReplaces the 1991 Pamphlet called Teenage Pregnancy and Parenthood Issues Under Title IX of the Education Amendments of 1972
5Title IX Prohibits Sexual Discrimination Based On : PregnancyChildbirthFalse PregnancyTermination of PregnancyRecovery From Anyof These ConditionsA school is prohibited from having any rule related to a student’s parental, family or marital status that treats students differently based on sex.
6Under Title IX: Illegal to Exclude A Pregnant Student From: Advanced placement or honors classesExtracurricular programsSchool ClubsInterscholastic sportsHonor societiesOpportunities for student leadershipHomecoming court
7Officials Deny Pregnant Girls The School Crown Election Tampered With By Administrators Pregnant Homecoming Contestant Concerns school boardHomecoming-queen contestants must "serve as a role model for all young ladies”Maternity Prom Dresses Now Available
8Students’ Pregnant Bellies Banned From Yearbook Pics Recent In News
9Can a Doctor’s Note Be Required To Stay In School Or Participate in Activities? From Title IX of Educational Amendment Act of 1972Not unless all students being treated by a doctor must produce a noteNo presumptions of an inability to attend schoolEven in the later stages of pregnancy
10Can You Give Them Special Services or Treatment? Yes! Same as other students with temporary medical conditionsAt-home instructionTutoringEnsure individual teacher policies regarding make-up work and absences do not discriminateClass participation grades?
11Can Teachers Have Their Own Policies About Attendance and Make-Up Work? The policies and practices of individual teachers must not discriminateA teacher may not refuse late work because of pregnancy related absencesIf grades are based on attendance or participation, pregnant students need to be allowed to earn the credits another way
12Special Services for Students With A Temporary Medical Condition Including Pregnant Students: Title IXExcused absences for as long as doctor deems medically necessaryReturn to same academic and extracurricular status as beforeMedical certification to return to school only if required from all others
13The Office of Civil Rights States That A Pregnant Student Must Be: Allowed to Remain In Her Regular Classes At Her Regular School IF She Chooses To Do SoAll Alternative Programs Must Be VoluntaryProviding Information Is OkMay Not Pressure Any Student To Attend An Alternative Program
14Participation In Special Instructional Programs Must Be Voluntary Texas – Pregnancy Education and Parenting Program (“PEP”) now Life Skills ProgramEach LEA with a Life Skills program must organize a program designed to improve school attendance, increase graduation rates, and enhance parenting skills for students who are pregnant or who are parents and at risk of dropping out of school utilizing program objectives that include certain minimum components:
15Life Skills Program Minimum Components individual counseling, peer counseling, and self-help programs;career counseling and job-readiness training;child care for the students’ children on the campus or at a child care facility in close proximity to the campus;transportation for children of students to and from the campus or child care facility;transportation for students, as appropriate, to and from the campus or child care facility;instruction related to knowledge and skills in child development, parenting, and home and family living; andassistance to students in the program in obtaining available services from government agencies or community service organizations, including prenatal and postnatal health and nutrition programs.
16All Alternative Programs Must Be Comparable To Regular Programs: Must Provide Extra-Curricularand Enrichment OpportunitiesNot identicalVocational track only = No-nMust Provide Clear Information About:Graduation requirementsCredit transfersCourse availability
17What Are Some Examples of Assistance That A School Must Provide to a Pregnant Student? A school must make adjustments that are reasonable and responsiveLarger deskFrequent trips to the restroomTemporary Access to Elevators
18Cheerleader Tryouts and Removal from The Cheerleading Squad: No rule that prohibits a pregnant student from doing anything that any non-pregnant student has the right to do for the sole reason that she is pregnant.Blanket prohibition violates Title IX
19What About Other Extracurricular Activities? Prohibited from blanket exclusion even if activity is not operated directly by the schoolExample: After School Care ProgramLocal nonprofit agency rents schools facilities at a reduced rate and advertises and promoted by schoolCan’t Exclude Pregnant Students Under These Circumstances
20Pregnancy Testing Without Parental Consent Practicing Preventive Law Pregnancy Education and Parenting (PEP) ProgramNot Talking About Discussions with ParentsAlabama CasePurchasing of Pregnancy Testing Kits with Tax Payer DollarsMaking Testing Available to Minors without Parent Approval Before Hand20
21Is Pregnancy Testing By Public School Legal? Minors Can Consent to Medical Treatment Related to PregnancyParents and Community Are UnawarePolicies/Procedures Don’t Mention It21
22M. V. v. San Marcos CISD (5th Cir M.V. v. San Marcos CISD (5th Cir. 2007) Silence Is Not Necessarily Golden15 Year Old StudentNurse Recommended Pregnancy TestNurse Waited Outside Bathroom DoorTacit Acceptance By StudentStudent Felt ForcedWorried About Disciplinary Action If She Refused22
23Nurse’s Involvement: Took pregnancy test given by school nurse “Notwithstanding that [school nurse] is entitled to qualified immunity, it is also plain that this controversy might have been averted had [school nurse] convened a meeting with Marisa's parents at the outset, rather than allowing them to learn after the fact about the pregnancy test and [school nurse's] encouraging Marisa to go on birth control pills at the age of fifteen.”Question of whether student was forced or not to take test
24Gruenke v. Michael Seip (3rd Cir Gruenke v. Michael Seip (3rd Cir. 2000) 17 Year Old Student On Varsity Swim TeamCoach Suspicious of PregnancyNever Tried To Talk to Student or Her Parents DirectlyThreatened Gruenke with Removal for Swim Competition if She RefusedWords of Wisdom: “In Loco Parentis” Does Not Mean Displace ParentsCounseling Students on Private Family Matters Can Overstep Boundaries of School Authority24
25Policy Considerations: Recommend Involvement of Student’s Parent or GuardianNew York Case:Report to Social WorkerEncourage Voluntary DisclosureSchedule MeetingReveal Pregnancy To Parents25
26Somer Cipman and Chasity Glass v. Grant County Schl. Dist. et. al Somer Cipman and Chasity Glass v. Grant County Schl. Dist. et. al., 30 F. Supp 2d 975 (East.Dist KY 1998)Pregnant students denied membership into honor societyThe honor society required a demonstration of outstanding scholarship, service, leadership, and character.Engaging in premarital sex….Holding: Injunction granted
27Is it Illegal To Harass A Student Because Of Pregnancy? Yes! Title IX Prohibits Harassment Based on sex, Including Harassment Based on Pregnancy or Related Conditions.Forms of Harassing Conduct:Verbal ActsName CallingGraphic and Written StatementsOther Humiliating or Physically Threatening Conduct
28How Are Public Schools Supposed to Handle Sexual Harassment ? Schools Must Take:Prompt and effective steps reasonably calculated to end pregnancy-related harassment, prevent its recurrence, and eliminate hostile environment created.A violation occurs if harassment is encouraged, tolerated, not adequately addressed or ignored by school employees.
29Examples Of Harassment: A student becomes pregnant, and now a group of girls are repeatedly texting her during class and tweeting about her at school, calling her a “slut” and a “whore.” A girl becomes pregnant, and fellow students have been spreading rumors about her sexual behavior, repeatedly asking her questions about the “baby daddy,” inquiring how many times she’s had sex and what position she and her partner were in when she got pregnant, etc. A student who’s pregnant has been repeatedly sexually propositioned by a group of boys in her class. They say things like, “we know you put out,” and “why would a girl like you say no?”
30Who is The Title IX Coordinator In Your School District? School Districts Must Designate At Least One EmployeeGrievance procedures must be adopted and publishedCoordinator Must Have Training on Title IXNotice to employees students of office address and phone numberComplaints to Office of Civil Rights
31OCR Has Spoken About Counselor’s Role with Pregnant Students: Recognize these students are more likely to drop outAdvise importance of staying in schoolNotify Them of school assistanceIndividual Graduation planningAcademic credit recovery programsContact drop outsFollow-up counseling for drop outs to provide info about programs, services and supports to help them return to schoolSupport groups
32Pregnant Student Claims St. Louis College Discriminated Against Her Failing to excuse her pregnancy-related absences or allow missed work to be made upAcademic penaltiesSeeing This At College Level More
33Delhi Charter School Policy Real Policy in Louisiana “The school reserves the right to require any female student to take a pregnancy test to confirm whether or not the suspect student is in fact pregnant," the policy reads.The policy also allows the school to refer the student to a physician of its choice. "If the test indicates that the student is pregnant, the student will not be permitted to attend classes on the campus of Delhi Charter School."Pregnant students wishing to continue attending Delhi Charter will be required to enroll in a home study course while pregnant.Students who refuse to take a pregnancy test are "treated as a pregnant student and will be offered home study opportunities."
34Child Care on Campus For Parenting Students: Texas Department of Protective and Regulatory Services Oversees ThisSame Standards as other “Child Care Operations”Administrative Penalties for Violations(2013 Legislative session amended Human Resources Code)“Controlling Persons”
35Who May Participate in School Child Nutrition Programs? Any child of a student parent in the Life Skills Program (formally PEP) qualifies for reimbursable meals under the National School Lunch and School Breakfast Program.Economic status of the child or student parent is not considered for the eligibility.They qualify simply because the student parent is a participant in the Life Skills Program.
36Must School Districts Provide Services to Prenatal or Postpartum Pregnant Students Enrolled in the District’s Juvenile Justice Alternative Education Program (JJAEP)?Mandatory expellable = ineligible for Foundation School Funding (Tex. Educ. Code § (h))Look to Your Memorandum of Understanding
37Pregnancy Related Services From the Texas Attendance Accounting Manual Support services, including Compensatory Education Home Instruction (CEHI), that a student receives during the pregnancy prenatal and postpartum periods to help her adjust academically, mentally, and physically and stay in school. These services are delivered to a student when:the student is pregnant and attending classes on a district campus,a valid medical necessity for confinement during the pregnancy prenatal period prevents the student from attending classes on a district campus, ora valid medical necessity for confinement during the pregnancy postpartum period prevents the student from attending classes on a district campus.
38CEHI: Compensatory Education Home Instruction From Attendance Accounting Manual Mandatory component districts offer in a PRS program.Provides academic services to the student at home or hospital bedside when a valid medical necessity for confinement during the pregnancy prenatal or postpartum periods prevents the student from attending classes on a district campus.Must consist of face-to-face instruction by a certified teacher of the district.Substitute teachers can be used to provide CEHI; however, the individual selected as the substitute must be a certified teacher.Log to document the actual amount of prenatal and postpartum CEHI each student receives must be maintained.PRS program = optionalCEHI services = not optional for a PRS ProgramOther support services = Optional for a PRS Program
39Funding2.41 PRS weighted funding while Pregnancy Related Services are being provided to the student.Documentation by campus officials, licensed medical practitioners, and certified teachers is required to claim PRS eligible days present for fundingStudents who do not come to school and who do not receive CEHI and/or special education homebound services must be counted absent in accordance with the charts provided in this section.
40Support ServicesOptional components of a PRS program that may be provided to the student during the prenatal period of the pregnancy while the student is attending school.May be provided during the prenatal or postpartum periods of pregnancy while the student is confined at home or hospital bedside and receiving CEHI.Supplemental in nature and should not take priority over or interfere with the academic services the student receives.
41Examples of Support Services That Districts May Choose To Offer: counseling services, including the initial session when the student discloses the pregnancyhealth services, including services from the school nurse and certified athletic trainertransportation for the student and/or the student’s child(ren) to school, child care facility, community service agencies, health services, etc.instruction (inside or outside the classroom) related to parenting knowledge and skills, including child development, home and family living, and appropriate job readiness trainingchild care for the student's child or childrenschedule modificationscase management and service coordination (assistance in obtaining services from government agencies and community service organizations)