PREGNANT STUDENTS
NEPN/NSBA CODE: JIE
The School Committee has adopted this policy to comply with its obligations not to discriminate in its education programs and activities against students based on a student’s current, potential, or past pregnancy or related conditions. The Title IX Coordinator is responsible for implementing this procedure in consultation with the Superintendent, Affirmative Action Officer, and others as appropriate.
For the purposes of this policy, pregnancy or related conditions includes:
· Pregnancy, childbirth, termination of pregnancy, or lactation;
· Medical conditions related to pregnancy, childbirth, termination of pregnancy, or lactation; or
· Recovery from pregnancy, childbirth, termination of pregnancy, lactation, or related medical conditions.
A. Notifications
When a student or their parent/guardian informs any Yarmouth School Department employee of a student’s pregnancy or related condition(s), the employee must promptly provide the student or the parent/legal guardian with the Title IX Coordinator’s contact information so that the Title IX Coordinator can take any necessary actions to ensure the student’s equal access to the Yarmouth School Department’s education programs and activities. The employee should also notify the Title IX Coordinator of the pregnancy or related condition(s), unless the employee reasonably believes that the Title IX Coordinator has already been notified.
Once the Title IX Coordinator is informed of a student pregnancy, they shall inform the student (or the parent/legal guardian if they informed the Title IX Coordinator), of the Yarmouth School Department’s obligations (outlined below) and provide a copy of School Committee Policy AC.
B. Reasonable Modifications
1. Reasonable modifications to the Yarmouth School Department’s policies, procedures, and practices shall be made to prevent sex discrimination and ensure equal access to education programs and activities based on the student’s individualized needs. The Title IX Coordinator will consult with the student regarding any such modifications. Modifications that fundamentally alter the nature of an education program or activity are not considered “reasonable” under Title IX regulations.
2. The student has the discretion to accept or decline each reasonable modification offered. If a student accepts a modification, the Title IX Coordinator will see that it is implemented.
3. Reasonable modifications may include, but are not limited to:
a. Breaks during class to express breast milk, breastfeed, or attend to health needs associated with pregnancy or related conditions (such as eating, drinking, or using the restroom);
b. Intermittent absences to attend medical appointments;
c. Access to online or homebound education;
d. Change in schedule or course sequence;
e. Extensions of time for coursework and rescheduling of tests and examinations;
f. Allowing a student to sit or stand, or carry or keep water nearby;
g. Counseling;
h. Changes in physical space or supplies (such as access to a larger desk or a footrest);
i. Elevator access; and/or
j. Other reasonable changes in policies, procedures, or practices.
C. Voluntary Access to Separate and Comparable Portions of Education Programs or Activities
1. If the Yarmouth School Department offers a separate and comparable portion of an education program or activity, the student must voluntarily agree to participate in such program or activity.
D. Voluntary Leave of Absence
1. The Yarmouth School Department shall allow a student to voluntarily be absent from school to cover, at a minimum, the period of time deemed medically necessary by the student’s licensed health care provider.
2. When the student returns to the Yarmouth School Department’s education programs and activities, they shall be reinstated to the academic status, and to the extent practical, any extracurricular status, that they held prior to the voluntary leave.
E. Lactation Space
The student shall be able to access a lactation space, other than a bathroom, that is clean, shielded from view, free from intrusion from others, and may be used by the student for expressing breast milk or breastfeeding as needed.
F. Limits on Requiring Documentation
1. The Title IX Coordinator shall not require supporting documentation from the student, except to the extent it is necessary and reasonable to determine the reasonable modifications to make or to determine whether additional specific actions are needed.
2. Examples of situations where requiring supporting documentation is not necessary and reasonable include, but are not limited to, when the student’s need for a specific action under this procedure is obvious, such as when a pregnant student needs a larger uniform or desk, needs break time, etc. Supporting documentation is also not necessary and reasonable if a specific action is available to other students who are not pregnant or have related conditions.
3. The Title IX Coordinator shall not require a student who is pregnant or has related conditions to provide certification from a healthcare provider or any other person that the student is physically able to participate in a class, program, or extracurricular activity unless:
a. The certified level of physical ability or health is necessary for participation in the class, program, or extracurricular activity;
b. The Yarmouth School Department requires such certification of all participating students; and
c. The information obtained is not used as a basis for discrimination against the student.
Legal References:
Title IX of the Education Amendments of 1972 (Title IX), 20 U.S.C. §§ 1681-1688; 34 C.F.R. § 106.40.
5 MRSA § 4602 (2021); MHRC/MDOE Joint Rule Chapter 94-348 and 05-071, ch. 4.20-A MRSA § 5001-A(4)(A) (2020).
Cross Reference:
AC – Nondiscrimination/Equal Opportunity and Affirmative Action
ACAA – Harassment of Students
ACAA-R2 – Student Sex Discrimination/Harassment Complaint Procedure
Adopted: October 10, 2024