| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to protections for pregnant and parenting students |
|
|
enrolled in public institutions of higher education. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Subchapter Z, Chapter 51, Education Code, is |
|
|
amended by adding Section 51.982 to read as follows: |
|
|
Sec. 51.982. PROTECTIONS FOR PREGNANT AND PARENTING |
|
|
STUDENTS. (a) In this section: |
|
|
(1) "Institution of higher education" has the meaning |
|
|
assigned by Section 61.003. |
|
|
(2) "Parenting student" means a student who is the |
|
|
parent or legal guardian of a child under 18 years of age. |
|
|
(b) An institution of higher education may not require a |
|
|
pregnant or parenting student, solely because of the student's |
|
|
status as a pregnant or parenting student or due to issues related |
|
|
to the student's pregnancy or parenting, to: |
|
|
(1) take a leave of absence or withdraw from the |
|
|
student's degree or certificate program; |
|
|
(2) limit the student's studies; |
|
|
(3) participate in an alternative program; |
|
|
(4) change the student's major, degree, or certificate |
|
|
program; or |
|
|
(5) refrain from joining or cease participating in any |
|
|
course, activity, or program at the institution. |
|
|
(c) An institution of higher education shall provide |
|
|
reasonable accommodations to a pregnant student, including |
|
|
accommodations that: |
|
|
(1) would be provided to a student with a temporary |
|
|
medical condition; or |
|
|
(2) are related to the health and safety of the student |
|
|
and the student's unborn child, such as allowing the student to |
|
|
maintain a safe distance from substances, areas, and activities |
|
|
known to be hazardous to pregnant women or unborn children. |
|
|
(d) An institution of higher education shall, for reasons |
|
|
related to a student's pregnancy, childbirth, or any resulting |
|
|
medical status or condition: |
|
|
(1) excuse the student's absence; |
|
|
(2) allow the student to make up missed assignments or |
|
|
assessments; |
|
|
(3) allow the student additional time to complete |
|
|
assignments in the same manner as the institution allows for a |
|
|
student with a temporary medical condition; and |
|
|
(4) provide the student with access to instructional |
|
|
materials and video recordings of lectures for classes for which |
|
|
the student has an excused absence under this section to the same |
|
|
extent that instructional materials and video recordings of |
|
|
lectures are made available to any other student with an excused |
|
|
absence. |
|
|
(e) An institution of higher education shall allow a |
|
|
pregnant or parenting student to: |
|
|
(1) take a leave of absence; and |
|
|
(2) if in good academic standing at the time the |
|
|
student takes a leave of absence, return to the student's degree or |
|
|
certificate program in good academic standing without being |
|
|
required to reapply for admission. |
|
|
(f) Each institution of higher education shall adopt a |
|
|
policy for students on pregnancy and parenting discrimination. The |
|
|
policy must: |
|
|
(1) include the contact information for the employee |
|
|
or office of the institution that is the designated point of contact |
|
|
for a student requesting each protection or accommodation under |
|
|
this section; |
|
|
(2) be posted in an easily accessible, straightforward |
|
|
format on the institution's Internet website; and |
|
|
(3) be made available annually to faculty, staff, and |
|
|
employees of the institution. |
|
|
(g) The Texas Higher Education Coordinating Board, in |
|
|
consultation with institutions of higher education, shall adopt |
|
|
rules as necessary to administer this section. The rules must |
|
|
establish minimum periods for which a pregnant or parenting student |
|
|
must be given a leave of absence under Subsection (e). In |
|
|
establishing those periods, the board shall consider the maximum |
|
|
amount of time a student may be absent without significantly |
|
|
interfering with the student's ability to complete the student's |
|
|
degree or certificate program. |
|
|
SECTION 2. Not later than January 15, 2024, each public |
|
|
institution of higher education shall adopt and post on the |
|
|
institution's Internet website the policy on pregnancy and |
|
|
parenting discrimination required under Section 51.982(f), |
|
|
Education Code, as added by this Act. |
|
|
SECTION 3. Section 51.982, Education Code, as added by this |
|
|
Act, applies beginning with the 2024 spring semester. |
|
|
SECTION 4. This Act takes effect September 1, 2023. |