| (a) In addition to the discrimination protections provided
to pregnant or parenting students pursuant to Title IX of the Education
Amendments of 1972, 20 U.S.C. §1681 et seq., institutions shall
provide pregnant or parenting students the additional protections
as set forth in this section. To the extent a student is afforded
protections by both federal law and these rules, a student shall be
entitled to the most liberal benefit available by these rules and
federal law.
(b) Absences related to a student's pregnancy, childbirth,
or resulting medical status or condition.
(1) An institution shall excuse absences related to
a student's pregnancy or childbirth without a doctor's certification
that such absence is necessary for the greater of three school days
in a term or semester or the maximum number of excused absences that
the institution would grant to another student enrolled in the same
course for any reason.
(2) Notwithstanding paragraph (1) of this subsection,
an institution may ensure that the total number of excused absences
does not result in a fundamental alteration to an essential program
requirement or conflict with federal law or accreditation standards.
(3) An institution shall allow a student a reasonable
time to make up or complete any assignments or assessments missed
due to such an excused absence consistent with the institution's policy
regarding excused absences and make up work.
(4) An institution shall provide a student with access
to all course materials that are made available to a student with
a temporary medical condition. This may include instructional materials,
laboratory access, and recordings of class lectures, depending on
the circumstances.
(5) An institution shall provide any other reasonable
accommodations to a pregnant student, including accommodations that:
(A) would be provided to a student with a temporary
medical condition; or
(B) are related to the health and safety of the student
and the student's unborn child.
(c) Leave of Absence for Pregnant or Parenting Students.
(1) An institution shall permit but not require a parenting
or pregnant student to take a leave of absence related to a student's
pregnancy or parenting status for a minimum of one semester without
a showing of medical need.
(2) An institution shall make every reasonable effort
to facilitate leave for pregnant and parenting students within their
degree program's curriculum and accreditation requirements. A student
taking a leave of absence under this section may be taken with the
advanced approval of the student's department or the designated office(s)
by the institution.
(3) An institution shall implement policies and procedures
to ensure that the student is informed of possible impacts to their
financial aid or scholarships. These institutional policies and procedures
should encourage that students meet with the financial aid office
before the student takes a leave of absence, where possible.
(4) An institution shall ensure that a student in good
academic standing at the time a leave of absence commences may return
to their degree or certificate program in good academic standing,
not be required to reapply for admission so long as the program still
exists at the institution and the program would still meet accreditation
standards. The institution may require that the student fulfills revised
requirements of the program if the program in effect when the student
returns has changed.
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