Civil Rights Protections for Pregnant and Parenting Students Calandra Sechrist, Program Supervisor OSPI Equity & Civil Rights Office Linda Mangel, Education Policy Director American Civil Liberties Union of Washington Kelli Lydon Medak, Attorney U.S. Department of Education, Office for Civil Rights Heidi Schultz, Program Specialist OSPI GRADS Program January 29, 2014 1  Educational Obstacles and Consequences for Pregnant and Parenting Students  Federal Title IX Requirements Regarding Pregnant and Parenting Students and OCR’s Guidance Documents  Washington State Laws Protecting Pregnant and Parenting Students  Programs and Strategies to Assist Educators in Supporting Pregnant and Parenting Students 2 • ACLU Pregnant and Parenting Student Project • Ensuring equal educational opportunities • Resources and workshops for schools and those working with teen parents • Legal information and support. Get our Know Your Rights Cards https://aclu-wa.org/ 3  Pregnancy or Parenting are leading reasons girls drop-out of school.  By some estimates 50% of girls who get pregnant drop-out of school.  Over 5,500 teen births/year in Washington.  Pregnancy Rates reflect significant racial disparities. North Seattle teen birth rate is 1.6 per 1000 South Seattle teen birth rate is 27 per 1000 Consequences of Dropping out Girls who drop-out have higher risks of:  Gang activity  Incarceration  Domestic Violence  Having children who drop-out Teens with a child who stay in school fare better than teens without a child who drop-out. 70% of those who dropped out said it was due to school based obstacles: Being told they can’t stay in school  Excluded from classes or activities  Denied make-up work  Denied excused absences / threat of truancy  Environment of discouragement  Harassment   Pregnant students have a right to be in school.  Right to all the same programs, benefits and supports as other students in similar circumstances.  Schools should work with pregnant students to help them succeed in school and graduate. 7 This presentation provides general information and does not represent a complete recitation of the applicable law and OCR policy in this area. It does not address specific issues of compliance because determinations of compliance depend on specific facts on a case-by-case basis. The language used in these slides is approved for the purposes of this presentation only and should not be used for other purposes. 8 “No person in the United States shall, on the basis of sex, be excluded from participation in, be denied benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance.” 9  Dear Colleague Letter on Supporting the Academic Success of Pregnant and Parenting Students Under Title IX (June 25, 2013) http://www2.ed.gov/about/offices/list/ocr/letters/colleague-201306-title-ix.pdf  Pamphlet on Supporting the Academic Success of Pregnant and Parenting Students Under Title IX (June 25, 2013) http://www2.ed.gov/about/offices/list/ocr/docs/pregnancy.pdf  Know Your Rights document for Pregnant and Parenting Students (July 2013) http://www2.ed.gov/about/offices/list/ocr/docs/dcl-know-rights-201306-titleix.pdf 10  Parental Status: • Schools are prohibited from applying any rule related to a student's actual or potential parental, family, or marital status that treats students differently based on their sex. (34 C.F.R. § 106.40(a))  Pregnancy/Related Conditions: • Schools are prohibited from excluding any student based on the student’s pregnancy, childbirth, false pregnancy, termination of pregnancy, or recovery therefrom. (34 C.F.R. § 106.40(b)(1)) • Schools may only require pregnant students to submit doctor’s notes to continue participation in school if this is required of all students with conditions requiring the care of a doctor. (34 C.F.R. § 106.40(b)(2)) 11  Pregnancy/Related Conditions: • Any separate programs for pregnant students must be voluntary and comparable. (34 C.F.R. § 106.40(b)(3)) • Schools must treat pregnancy under the same policies as other temporary medical conditions with respect to any special services they provide. (34 C.F.R. § 106.40(b)(4)) • Schools must excuse absences because of pregnancy for as long as the student's doctor deems the absences medically necessary. (34 C.F.R. § 106.40(b)(5)) 12  Schools must allow pregnant students to continue participating in classes and extracurricular activities.  Special instructional programs or classes for pregnant students must be comparable and voluntary.  Schools may be required to provide reasonable adjustments for pregnant students. 13  Schools must excuse absences due to pregnancy or childbirth for as long as medically necessary.  Schools must ensure that teachers understand the Title IX requirements related to excused absences/medical leave.  Schools must provide pregnant students with same special services provided to students with temporary medical conditions. 14  Harassment based on sex, including harassment because of pregnancy or related conditions is prohibited. 15 Office of Superintendent of Public Instruction (OSPI) www.k12.wa.us/equity 16 FEDERAL LAW Title IX of the Education Amendments of 1972 20 U.S.C. § 1681 | 34 C.F.R. Part 106 STATE LAW Sexual Equality / Equal Educational Opportunity Chapter 28A.640 RCW | Chapter 392-190 WAC OSPI Guidelines: Prohibiting Discrimination in Washington Public Schools www.k12.wa.us/equity Washington Law Against Discrimination Chapter 49.60 RCW | Chapter 162-26 WAC www.hum.wa.gov Schools must give pregnant and parenting students an equal opportunity to participate in all programs and activities, including extracurricular activities, athletics and honors and awards (e.g., valedictorian status, election for class office). 18 Participation in alternative programs must be completely voluntary. • Excuse the student’s absence • Allow the student to make up work • Return the student to the same status as before the medical leave began • Provide all services that are provided for other students with temporary disabilities (e.g., home hospital, health plans, etc.) Excused absences include: “Illness, health condition or medical appointment (including, but not limited to, medical, counseling, dental or optometry) for the student or person for whom the student is legally responsible.” WAC 392-400-325 24 25 Contact the district’s Title IX Officer! www.k12.wa.us/Equity/ContactList.aspx www.k12.wa.us/Equity/Complaints.aspx WAC 392-190 Procedure 3210P Other steps you can take: • Contact the ACLU for advice and assistance https://aclu-wa.org/ • File a complaint with the U.S. Department of Education’s Office for Civil Rights www2.ed.gov/about/offices/list/ocr/ docs/howto.html GRADS Graduation, Reality, and Dual-Role Skills Office of Superintendent of Public Instruction (OSPI) 29 • GRADS is an in school evidence-informed program for pregnant and parenting teens. • Currently WA State has 23 GRADS programs. • Students enrolled in GRADS programs will earn credits towards high school graduation. • • • • • • Nutrition and Wellness Human Development Career, Community, and Family Connections Family Systems Interpersonal Relationships Parenting 30  A Family and Consumer Sciences (FACSE) Teacher.  GRADS curriculum developed at the local level using national FACSE standards.  Licensed, onsite or nearby childcare for the students’ children.  GRADS Advisory Board. 31  In collaboration with Department of Health, OSPI, and the Attorney General’s Office.  2010: WA State received a 3-year 6 million dollar grant to support pregnant and parenting teen students.  2013: WA State received a 4-year 6 million dollar grant to support pregnant and parenting teens and improve the quality of GRADS childcare centers. 32  Create an environment of encouragement and of high expectations.  Provide tutoring or other academic support for students with pregnancy or parenting related absences.  Be accommodating  Be flexible: Work with pregnant and parenting students individually to come up with a graduation plan tailored to each student’s needs.  Develop clear policies and procedures to address the needs of pregnant and parenting students. 33  Work cooperatively with outside agencies to help students access social services they need, such as child care, prenatal care, and child development programs.  GRADS: Offer child care and early learning programs on-site.  Designate a private room to breastfeed or pump milk.  Create mentorship programs to encourage and support their efforts to stay in school. 34 Calandra Sechrist, Program Supervisor OSPI Equity and Civil Rights Office (360) 725-6162 [email protected] Linda Mangel, Education Policy Director ACLU of Washington (206) 624-2184 [email protected] Kelli Lydon Medak, Attorney U.S. Department of Education Office for Civil Rights (206) 607-1600 [email protected] Heidi Schultz, Program Specialist OSPI GRADS Program (360) 725-0417 [email protected]