Title IX of the Education Amendments of 1972—known as Title IX (pronounced Title 9)—is a federal civil rights law that prohibits discrimination on the basis of sex—including pregnancy and parental status—in educational programs and activities. Title IX is located in the United States Code (statutes) beginning at 20 U.S.C. §1681.
All public and private schools, school districts, colleges, and universities receiving any federal funds must comply with Title IX.
Here are some things you should know about your rights:
Classes and School Activities—your school must:
• Allow you to continue participating in classes and extracurricular activities even though you are pregnant. This means that you can still participate in advanced placement and honors classes, school clubs, sports, honor societies, student leadership opportunities, and other activities, like after-school programs operated at the school.
• Allow you to choose whether you want to participate in special instructional programs or classes for pregnant students. You can participate if you want to, but your school cannot pressure you to do so. The alternative program must provide the same types of academic, extracurricular, and enrichment opportunities as your school’s regular program.
• Allow you to participate in classes and extracurricular activities even though you are pregnant and not require you to submit a doctor’s note—unless your school requires a doctor’s note from all students who have a physical or emotional condition requiring treatment by a doctor. Your school also must not require a doctor’s note from you after you have been hospitalized for childbirth unless it requires a doctor’s note from all students who have been hospitalized for other conditions.
• Provide you with reasonable adjustments to accommodate your pregnancy—like a larger desk, elevator access, or allowing you to make frequent trips to the restroom when necessary.
Excused Absences and Medical Leave—your school must:
• Excuse absences due to pregnancy or childbirth for as long as your doctor says it is necessary.
• Allow you to return to the same academic and extracurricular status as before your medical leave began, which should include giving you the opportunity to make up any work missed while you were out.
• Ensure that teachers understand the Title IX requirements related to excused absences/medical leave. Your teacher may not refuse to allow you to submit work after a deadline you missed because of pregnancy or childbirth. If your teacher’s grading is based in part on class participation or attendance and you missed class because of pregnancy or childbirth, you should be allowed to make up the participation or attendance credits you didn’t have the chance to earn.
• Provide pregnant students with the same special services it provides to students with temporary medical conditions. This includes homebound instruction, at-home tutoring, and independent study.
Harassment—your school must:
• Protect you from harassment based on sex, including harassment because of pregnancy or related conditions. Comments that could constitute prohibited harassment include making sexual comments or jokes about your pregnancy, calling you sexually charged names, spreading rumors about your sexual activity, and making sexual propositions or gestures, if the comments are sufficiently serious that it interferes with your ability to benefit from or participate in your school’s program.
Policies and Procedures—your school must:
• Have and distribute a policy against sex discrimination. It is recommended that the policy make clear that prohibited sex discrimination covers discrimination against pregnant and parenting students.
• Adopt and publish grievance procedures for students to file complaints of sex discrimination, including discrimination related to pregnancy or parental status.
• Identify at least one employee in the school or school district to carry out its responsibilities under Title IX (sometimes called a Title IX Coordinator) and notify all students and employees of the name, title, and contact information of its Title IX Coordinator. These responsibilities include overseeing complaints of discrimination against pregnant and parenting students.
Helpful Tips for Pregnant and Parenting Students:
• Ask your school for help—meet with your school’s Title IX Coordinator or counselor regarding what your school can do to support you in continuing your education.
• Keep notes about your pregnancy-related absences, any instances of harassment and your interactions with school officials about your pregnancy, and immediately report problems to your school’s Title IX Coordinator, counselor, or other staff.
• If you feel your school is discriminating against you because you are pregnant or parenting you may file a complaint:
o Using your school’s internal Title IX grievance procedures.
o With the U.S. Department of Education, Office for Civil Rights (OCR), even if you have not filed a complaint with your school. If you file with OCR, make sure you do so within 180 days of when the discrimination took place.
o In court, even if you have not filed a complaint with your school or with OCR.
• Contact OCR if you have any questions.
If you want to learn more about your rights, or if you believe that a school district, college, or university is violating federal law, you may contact the U.S. Department of Education, Office for Civil Rights, at (800) 421-3481 or ocr@ed.gov. If you wish to fill out a complaint form online, you may do so at:
http://www.ed.gov/ocr/complaintintro.html
Note that a school that is controlled by a religious organization is exempt from Title IX when the law’s requirements would conflict with the organization’s religious tenets.
In Texas, as in all states, Title IX of the Education Amendments of 1972 is a federal law that prohibits sex-based discrimination in educational programs and activities that receive federal funding. This includes protections for pregnant and parenting students. Schools must allow pregnant students to continue participating in classes and extracurricular activities, provide reasonable accommodations, excuse medically necessary absences, and allow students to return to the same academic status post-medical leave. Harassment based on pregnancy or related conditions is prohibited, and schools must have policies against sex discrimination and adopt grievance procedures for complaints. Each school or district must have a Title IX Coordinator to oversee compliance and handle complaints. Students in Texas can seek assistance from their school's Title IX Coordinator or counselor and have the right to file complaints internally or with the U.S. Department of Education's Office for Civil Rights. Schools controlled by religious organizations may be exempt from Title IX if compliance conflicts with religious tenets.
