The Pregnant Scholar

Tag: Good news

  • New Title IX Rules Released

    New Title IX Rules Released

    After nail-biting years of waiting, the new Title IX regulations are finally here!

    Today the U.S. Department of Education released its final regulations implementing Title IX, the federal law that prohibits sex discrimination in education. The Pregnant Scholar at UC Law SF’s Center for WorkLife Law applauds the Department of Education for providing a strong interpretation of the law that both protects millions of pregnant and parenting students and provides clear guidance for educational institutions. 

    Under the old rules, pregnant and parenting students regularly called our nationwide helpline after being kicked out of their academic programs for missing a couple classes to attend doctor’s appointments, told they were no longer welcome in school, or forced as part of their academic requirements to engage in activities that aren’t safe during pregnancy or postpartum. The Department of Education’s new Title IX rules will safely keep students in school, and their families and communities will benefit as a result.

    In particular, we’re thrilled to see the new regulations:

    • Include a clear requirement for academic institutions to provide pregnant and postpartum students with medically-necessary leave, reasonable accommodations, and lactation space. 
    • Clarify who is responsible for ensuring students get the reasonable academic adjustments, leave, and anti-discrimination protections they need to thrive. And, require staff to notify students of where they can find help.
    • Continue to ban discrimination based on pregnancy-related conditions including abortion and miscarriage, and newly define ‘parental status’ in a way that reflects the diversity of student parent families. 
    • Offer privacy protections–a particularly important safeguard post-Dobbs.

    Our team pushed hard for these regulations for years because of the transformation we know they’ll bring– now it’s time to celebrate! Thank you and well done to all of you who joined us in sharing your stories, submitting comments, and spreading the word. 

    What’s next?

    The new regulations represent the highlight of nine years of tireless work alongside students and other partners. But our work is far from over. This year, the Pregnant Scholar will train thousands of campus administrators on the new regulations and provide technical assistance and policy implementation coaching to benefit campuses serving over a million students. We are also re-creating all of the tools in our online resource center to reflect the new regulations. Please, join us:

    • Visit our Toolkit: Updates to reflect the new Title IX rules are underway
    • Join our webinar: Our first (free) training on the new regulations will be May 1st!
    • Join a Drop-In TA session: Beginning in May, we’re hosting “Title IX Tuesdays” drop-in technical assistance sessions for campus administrators working to implement new policies re: pregnant and parenting students. Sign up for an access code.
    • Spread the word: share the news that the new rights are here using our graphics and posters.

    Finally, I hope you’ll roll up your sleeves. While remarkable, the new regulations do not significantly address the needs of parenting students beyond the pregnancy and postpartum period. The Pregnant Scholar will continue advocating and engaging at the institutional, state, and federal levels to end discrimination against student parents and to ensure that all family caregivers are supported in earning their degrees. We hope you’ll stand with us in this next phase of our journey.

    Warmly,

    Jessica Lee

    Director, Pregnant Scholar Initiative

    Incoming Co-Director, Center for WorkLife Law, UC Law SF


  • New Protections for Pregnant and Parenting Students in Texas

    New Protections for Pregnant and Parenting Students in Texas

    Texas just enacted several groundbreaking new laws to protect pregnant and parenting college students at public institutions of higher education! While the protections only cover some aspects of student’s education, we’re celebrating as Texas is now one of just a few states to explicitly protect postsecondary student parents from discrimination. What’s more, beginning this fall semester, Texas student parents will be entitled to priority registration. The state now also requires public higher education institutions to collect and report data, have a campus student parent advocate, and implement pregnant and parenting student anti-discrimination policies.

    Read about the highlights of these new laws and how to get help implementing them below:

    1. Texas law now bans discrimination against students due to their pregnancy or parental status.

    Texas Ed. Code. § 51.982 (SB 412) protects parenting students from: being forced out of school; limiting their studies; attending an alternative program; changing their major, degree, or certificate program; and being forced into or out of any particular course, activity, or program based solely on their parenting status or “issues related to the student’s pregnancy or parenting.” While Title IX (and various anti-discrimination laws) has long prohibited discrimination against pregnant and birthing students, most anti-discrimination laws only protect parenting students from discrimination on the basis of sex or marital status.(Other laws prohibit discrimination against parents in housing only.)The Texas law is pathbreaking because it protects parenting students of children under 18 from discrimination in their academic life regardless of whether the discrimination they face is sex-based or not. And, by including “issues related” to pregnancy and parenting, the law provides broad coverage. The law goes into effect September 1, 2023.

    2. Pregnant or parenting students will be entitled to take a leave of absence.

    Texas Ed. Code. § 51.982 (SB 412) allows pregnant and parenting students to take a leave of absence and return in good standing without being required to reapply for admission. Under Title IX, students are entitled to leave for as long as medically necessary for pregnancy, childbirth, and related conditions—but not for parenting. Texas law goes beyond Title IX by requiring institutions to provide their parenting college students with protected leave, though it does not specify how long students are allowed to take. The Texas Higher Education Coordinating Board has been tasked with establishing rules on leave length. The Pregnant Scholar will update this post and share additional information from the Board as soon as it becomes available.

    3. Parenting students in Texas are now entitled to priority registration.

    Starting September 1, 2023, any public postsecondary institution which provides early registration has to offer it to parenting students because of Texas Ed. Code § 51.983 (SB459). Under this law, students who are a parent or legal guardian of a child under 18 are entitled to register early!  Learn more about why this is so important in our blog about CA’s priority registration law, here.

    4. Reasonable accommodations for pregnancy, childbirth, and related medical conditions must be provided.

    Under Texas Ed. Code. § 51.982 (SB 412), like Title IX, pregnant students are entitled to accommodations that are related to the health and safety of their pregnancy and cannot be treated worse than students with other temporary medical conditions. The Texas law adds more guidance by making clear that colleges and universities must allow students to have excused absences for pregnancy and make up missed assignments.  

    5. Institutions of higher education are required to adopt a nondiscrimination policy to protect pregnant and parenting students.

    Texas Ed. Code. § 51.982 (SB 412) requires public colleges and universities to adopt a nondiscrimination policy specifically for pregnant and parenting students. This policy must include the contact information for an administrative official that is responsible for helping a student obtain accommodations related to their pregnancy. Further, this policy must be easily accessible on the institution’s website, and it must be provided to faculty, staff, and employees of the institution regularly.

    This is a critical part of the new law. Often, institutions do not specifically mention pregnant and parenting students in Title IX policies—leaving students and faculty in the dark. Requiring universities to have a separate nondiscrimination policy for pregnant and parenting students will help increase awareness of these protections and will ensure that students who need help know where to find it.

    6. Institutions must have a designated support “liaison” for student parents.

    Student parents have to navigate a tangle of support programs, application processes, and regulations. Now, with Texas Ed. Code. § 51.982 (SB597/HB1361), student parents and incoming students will have the help of a student parent liaison to provide them with information about resources and supports such as health coverage, housing and food benefits, and childcare resources. This is similar to “basic needs” coordinators in other states—but designated specifically for student parents.

    7. Institutions must collect data on student parents in Texas.

    Texas just joined a small handful of states requiring the collection of data regarding student parents. Texas Ed. Code. § 51.982 (SB597/HB1361) now requires on-campus student parent liaisons to report to the state each year the number of student parents and their basic demographic data. The law will also require higher education institutions to report information about student parents’ academic progress—including withdrawals and enrollment status. This data is critical to understanding whether educational institutions are meeting student parents’ needs, and for sorting out where additional support should be provided.

    8. Institutions must be careful to follow Title IX and the new Texas laws.

    Enacting this state law is a major milestone for pregnant and parenting students! While these laws go further than Title IX in many areas, educational institutions should be careful to continue to meet their Title IX obligations. For example, as institutions draft their policies on leave as required under Texas Ed. Code. § 51.982 (SB 412), they must also meet Title IX standards regarding medically necessary leave  and documentation requirements. Further, administrators should remain mindful of student privacy protections under Title IX and other federal law.

    Looking to implement a new law in your state?

    The Pregnant Scholar maintains a database of state legislation and model bills that can assist your efforts. Please reach out to [email protected] more information.

    Need help

    understanding

    the laws?

    These new laws will all be in effect by September 1, 2023. If you are looking to implement new policies on your campus as a result of these laws you can find resources on The Pregnant Scholar’s website or sign up to receive new materials and an invite to upcoming technical assistance sessions.

    Sign up here

    Related Resources

  • California AB 2881: New rights for parenting students in CA

    California AB 2881: New rights for parenting students in CA

    California has just enacted a new law to support parenting college students! The law is a unique and welcome addition; while roughly 1 in 5 college students is a student parent, there are only a handful of state laws designed to protect and aid this important student population. When it goes into effect in 2023, AB 2881 will require colleges and universities in California to provide priority registration for student parents, and to notify them of resources and supports critical to their success. California is now the first state to require educational institutions to provide priority registration for college student parents! AB 2881 is an important lever to address the needs of student parents, and it also supports higher education systems in reaching their goals to reduce equity gaps more broadly.  [UPDATE: review our AB 2881 Implementation Tools here]

    Priority registration is a best practice for supporting student parents. 

    Student parents often experience “time poverty.” While they are often excellent at time management, student parents have more responsibilities and inflexible time demands than the average student and therefore need more institutional support. AB 2881 requires campuses to have a priority registration process in place for student parents by July 1, 2023.

    Priority registration allows student parents to register for courses before some other students. This is an essential support that also benefits other students with important scheduling needs, such as students with disabilities and athletes. Student parents often navigate all the demands of higher education in addition to work, (often inflexible) childcare schedules and other parenting responsibilities. For example, a student parent may have to schedule courses around their child’s school drop off and pickup time or may want to build breaks into their day to make it easier to breastfeed without missing class. Others report needing priority registration to allow them to plan a course schedule that accommodates their disabled child’s medical appointments. Early registration is particularly important for students in programs with tight sequencing, or where required courses are only available once each year. By allowing student parents to have a wider choice of course scheduling options, priority registration ensures student parents will be less likely to have to choose between finishing their degree and being there for their families. 

    AB2881 sets the stage for better data collection on CA student parents 

    A lack of data on student parents has long slowed progress meeting their needs; if we don’t know how many student parents there are and where, how can we properly serve them? While AB 2881 doesn’t explicitly require colleges and universities to collect or report data on parenting students, it sets the stage for better data collection.

    Under the law, institutions can choose how they identify student parents (using the FAFSA, CADAA, or other documentation). At minimum, colleges and universities following the law must provide priority registration for student parents who have children under the age of 18 who receive more than half of their support from the student. This definition excludes many parenting students who need services, such as those who share custody or who are caring for adult children with disabilities, but it does provide a vital starting point for assessing the number of student parents at a particular institution, and a foundation for tracking their progress. If implemented thoughtfully, AB 2881 can build a foundation for future progress supporting parenting students in California colleges and universities. 

    Providing resource navigation will ease bureaucratic barriers 

    In addition to ensuring California colleges and universities develop a priority registration system for student parents, the new CA law also requires them to create a student parent webpage, sharing information about available resources on campus and in the larger community. This webpage must be published by February 1, 2023, and should include information about the priority registration system, as well as information about CalFresh, the California Earned Income Tax Credit, the Young Child Tax Credit, and the California Special Supplemental Food Program for Women, Infants, and Children (WIC).  

    [UPDATE: review our AB 2881 Implementation Tools here]  

    Institutions must provide the student parent webpage link to students as a part of campus orientations. Colleges and universities must also provide the student parent webpage link to faculty and encourage them to include the link in their syllabi. To ensure that the student parent internet webpage remains useful to student parents, AB 2881 requires that the webpage be reviewed and updated no later than the first day of every fall and spring semester or no later than the first day of every fall and spring quarter. 

    If you are a Title IX coordinator, university administrator, faculty member or student parent leader in California interested in hearing more, The Pregnant Scholar team will be hosting technical assistance sessions and other events to aid colleges in implementing AB 2881. Come join us! If you are not in California but want to learn more to support your own advocacy efforts you are also welcome to join.

    Sign up to receive future AB 2881 implementation tools and event invitations.

  • PREGNANT SCHOLAR PROFILES: Kamaria Downs

    PREGNANT SCHOLAR PROFILES: Kamaria Downs

    kamariafull1
    Photo courtesy of Public Justice

    The Pregnant Scholar team is proud to feature this conversation with Kamaria Downs as part of our Pregnant Scholar Profiles.

    When Kamaria was a senior at Claflin University, the University evicted her from student housing because she was pregnant—a violation of Title IX’s prohibition on discrimination based on pregnancy.  Kamaria successfully challenged the university’s rules, with help from attorneys at Public Justice and Correia & Puth. As a result, the university revoked its discriminatory housing policy, created new housing and anti-discrimination policies to support pregnant and parenting students, agreed to hire new Title IX personnel, and expanded its Title IX training and outreach for students and staff.

    Here is the Pregnant Scholar’s conversation with Kamaria Downs on her struggle, her victory, and advice for others in a similar situation:

    When did you have your daughter? What did you expect it would be like to be pregnant in college?
    I was a senior and I was in my last semester when the entire ordeal happened. I had always intended to finish my degree. I never had a doubt in my mind about graduating.

    What was your university’s response to your pregnancy?
    The University found out [I was pregnant] when I went to student teach and they had a form that I had to fill out to disclose any and all of my medical information. Evidently that information wasn’t kept confidential. My dean called me into her office a few days after I submitted the form, and she was telling me that I’d have to move out because I was pregnant…Nobody else confronted me about it until a couple of months later when I was called into the housing coordinator’s office. She asked me if I was pregnant, and I told her ‘yes.’ She basically told me the same thing; ‘you know, you’re going to have to move out because you’re pregnant.’ At that point I was just telling her ‘give me a few days to find some living arrangements.’ Thankfully, I had been in a conversation with my professor/mentor, because she knew they were going to drop the ball on me. She opened up her home to me and let me know that if I needed to stay there with her I could.

    What led to your decision to challenge the policy against pregnant women in dorms?
    After graduation I actually took a year off to be with my daughter–and just sitting there enjoying her, watching her grow every day and change every day, it made me realize that in the beginning I was literally concealing my pregnancy from everyone just because I was afraid of what the university would do. It made me realize that I didn’t get to enjoy my pregnancy and it isn’t right.

    It’s not right for me to feel shamed for being pregnant just because I’m unmarried, or just because I’m still in college–that doesn’t matter. And so I wanted to prevent it from happening to other people. I wanted to prevent another woman from feeling as ashamed of her pregnancy as I did.
    Unfortunately it still happened to some other people after I graduated, but at this point I’m sure it’s not happening any more!

    Once you came forward, what was the response like?
    I logged into my university email…when the settlement was finally made, and I saw the email that they sent out to the entire university thanking me for coming forward with my story and helping to change the policy to make it equal for all people within the university. And [I saw] the response for an interview I’d done—a ton of my friends shared the link and everyone has been telling me how proud they are of me for standing up for what is right. Overall the response has been very good and I’m so excited about it. And I’m very appreciative that Claflin made the changes that they did.

    What advice would you give to other pregnant students?
    I would just say that it is still possible to graduate, don’t doubt yourself or what you can do! Think about your children; you’re doing this for them. And I would just say, to anybody, know your Title IX rights.

    What about professors, any advice on how they can support pregnant students?
    Be open to change. I know a lot of universities have a policy against pregnant and parenting students, but you have to be open to everyone and be able to accommodate them. It’s just wrong to treat people the way I was treated. Instead, provide avenues for them to finish their degree and be able to take their classes without any hassles or having them go through the runaround to get things done.

    kamaria22
    Photo courtesy of Public Justice

    Just be helpful to those in need and don’t look down upon them, I feel like that’s how it was at my university. A lot of leaders and administrators looked down on me, because I’m unmarried, I’m pregnant, I’m still in college. Don’t be condemning of people, don’t look down on them; that’s the worst thing possible.

    You’ve now graduated, what are you and your daughter up to?
    She is one year old. She is so smart and full of energy and everything I could’ve wished for. I am currently teaching 2nd grade in Greenville, South Carolina. And I’m in my first year. It has been my dream to be a teacher, and now I’m actually waking up and living that dream while at the same time having my family and just enjoying life.

    We love to share insight from a student parent who stayed on the path to achieving their educational goals. Click here to nominate a current or recent student parent for an interview.
  • Pregnant Scholar Profiles: Student Mom Dianna Blake

    Pregnant Scholar Profiles: Student Mom Dianna Blake

    With the start of a new school year, the Pregnant Scholar team is happy to launch this first in a series of Pregnant Scholar Profiles! Every month we’ll share insight from a student parent who stayed on the path to achieving their educational goals. Click here to nominate a current or recent student parent for our profiles.

    Our inaugural interview is of Dianna Blake, a mom of three and graduate student at Cal State Fullerton who spends much of her free time working to support other “non-traditional” students.
    Dianna Blake Family
    When did you have your children?  What did you expect it would be like to have kids in college? 
    With my first, I had just started community college at 21, but I dropped out. When I went back to school again, my eldest was 5 and my second child was just 6 months old. I didn’t know what to expect, for a long time I didn’t feel I had the right to be in college simply because I thought my goals and dreams had to be put on hold. I also expected to be the only mom.

    Why did you drop out? And what prompted you to come back when your second child was 6 months old?
    I decided to drop out because I was embarrassed and ashamed, and felt as though I would face judgement at every turn. Part of this insecurity was based on the reaction that some had to my pregnancy, the other part was me judging myself too harshly. I didn’t think college was the place for a pregnant woman — boy has that changed! Additionally, I chose to return to school because it was something I considered again after realizing I hated working in retail and wanted to improve myself.

    What did you find the most surprising in your first semester as a student mom?  What was the biggest challenge?
    The most surprising thing in my first full-time semester was that there were other moms attending, you just had to look. Also, I felt guilt for being away because I found myself enjoying class and I had it in my mind that it wasn’t OK for me to do something I enjoyed when I could be home with my kids. My biggest challenge was gaining confidence. My second biggest challenge was math!

    How did your university support your continued studies when you had children?  Did you know about your Title IX rights?
    On an individual level, I had professors who, once they knew my story, reached out to offer support, sometimes giving extended deadlines and other times simply checking in with me to see how I was. One professor requested everyone turn off their phones, except the students with children. I thought that was wonderful.

    However, my rights under Title IX were best met during my (unexpected) pregnancy during my final undergraduate semester. All of my professors worked with me so that I could finish my degree remotely (due to 20 weeks of vomiting, and 3 months of bed rest for Placenta Previa!) I found out about Title IX long before that, when researching the rights of students. However, the Adult Re-entry center director educated me further. These rights were helpful once again when I had a cesarean during the first week of my undergraduate semester. Each of my professors allowed me to work from home, and recorded lectures for me until I could return.

    Why did you start the Non-Traditional Students Network?
    I started the NTSN because, after talking to many Nontrads, I realized just how lonely the college journey can be for those who are parents, older, working full-time, veterans, etc. I wanted to create a forum-based community where students working in online programs or simply feeling isolated and alone, could come and chat with others just like themselves. It’s still in the birth stage, but I am hopeful it will catch fire and really become a resource for nontraditional students!

    What advice would you give to other student moms reading this?
    Don’t give up, even if you have to take a break. And if you take a break that doesn’t mean you have failed. Also, be willing to advocate for yourself by knowing your rights (like Title IX) as a student. Your presence in the college community adds value to the experience for you, other students, and staff, so don’t believe it when you start thinking you don’t belong.

    What advice would you give to professors or administrators looking to support student parents?
    You don’t have to go easy on us, but if you know the laws that protect us, inform us of them because we probably don’t know or we don’t want to impose upon you. Reach out to us. E-mail back. Respect our journey. Believe in us and we will begin to believe in ourselves. Oh, and ask us how our children are doing!

    Dianna Blake is a graduate student at Cal State Fullerton and will graduate in 2017.  Dianna recently launched the Non-Traditional Students Network, an initiative to connect student parents and other non-traditional students with one another.  She has also written a book about her journey, College Success for Moms: A Guide to Succeeding in College While Raising a Family due to be released later this year.