pregnant and parenting students webinar · heidi schultz, program ... language used in these slides...
TRANSCRIPT
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Civil Rights Protections
for Pregnant and
Parenting Students
Calandra Sechrist, Program Supervisor
OSPI Equity & Civil Rights Office
Heidi Schultz, Program Specialist
OSPI GRADS Program
Kelli Lydon Medak, Attorney
U.S. Department of Education, Office for Civil Rights
Linda Mangel, Education Policy Director
American Civil Liberties Union of Washington
January 29, 2014
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
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• 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/
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.
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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.”
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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-title-
ix.pdf
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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))
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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))
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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.
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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.
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Harassment based on sex, including
harassment because of pregnancy or related
conditions is prohibited.
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Office of Superintendent of
Public Instruction
(OSPI)
www.k12.wa.us/equity
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
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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).
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.)
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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
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Contact the
district’s
Title IX Officer!
www.k12.wa.us/Equity/ContactList.aspx
WAC 392-190
Procedure 3210P
www.k12.wa.us/Equity/Complaints.aspx
• 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
Other steps you can take:
• Contact the ACLU for advice
and assistance
https://aclu-wa.org/
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Office of Superintendent of
Public Instruction
(OSPI)
Graduation, Reality, and Dual-Role Skills
GRADS
• 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
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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.
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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.
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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.
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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.
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Calandra Sechrist, Program Supervisor
OSPI Equity and Civil Rights Office
(360) 725-6162
Heidi Schultz, Program Specialist
OSPI GRADS Program
(360) 725-0417
Kelli Lydon Medak, Attorney
U.S. Department of Education
Office for Civil Rights
(206) 607-1600
Linda Mangel, Education Policy Director
ACLU of Washington
(206) 624-2184