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AN ACT
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relating to protections for pregnant and parenting students |
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enrolled in public institutions of higher education. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter Z, Chapter 51, Education Code, is |
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amended by adding Section 51.982 to read as follows: |
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Sec. 51.982. PROTECTIONS FOR PREGNANT AND PARENTING |
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STUDENTS. (a) In this section: |
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(1) "Institution of higher education" has the meaning |
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assigned by Section 61.003. |
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(2) "Parenting student" means a student who is the |
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parent or legal guardian of a child under 18 years of age. |
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(b) An institution of higher education may not require a |
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pregnant or parenting student, solely because of the student's |
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status as a pregnant or parenting student or due to issues related |
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to the student's pregnancy or parenting, to: |
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(1) take a leave of absence or withdraw from the |
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student's degree or certificate program; |
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(2) limit the student's studies; |
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(3) participate in an alternative program; |
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(4) change the student's major, degree, or certificate |
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program; or |
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(5) refrain from joining or cease participating in any |
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course, activity, or program at the institution. |
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(c) An institution of higher education shall provide |
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reasonable accommodations to a pregnant student, including |
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accommodations that: |
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(1) would be provided to a student with a temporary |
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medical condition; or |
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(2) are related to the health and safety of the student |
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and the student's unborn child, such as allowing the student to |
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maintain a safe distance from substances, areas, and activities |
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known to be hazardous to pregnant women or unborn children. |
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(d) An institution of higher education shall, for reasons |
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related to a student's pregnancy, childbirth, or any resulting |
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medical status or condition: |
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(1) excuse the student's absence; |
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(2) allow the student to make up missed assignments or |
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assessments; |
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(3) allow the student additional time to complete |
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assignments in the same manner as the institution allows for a |
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student with a temporary medical condition; and |
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(4) provide the student with access to instructional |
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materials and video recordings of lectures for classes for which |
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the student has an excused absence under this section to the same |
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extent that instructional materials and video recordings of |
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lectures are made available to any other student with an excused |
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absence. |
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(e) An institution of higher education shall allow a |
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pregnant or parenting student to: |
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(1) take a leave of absence; and |
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(2) if in good academic standing at the time the |
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student takes a leave of absence, return to the student's degree or |
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certificate program in good academic standing without being |
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required to reapply for admission. |
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(f) Each institution of higher education shall adopt a |
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policy for students on pregnancy and parenting discrimination. The |
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policy must: |
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(1) include the contact information for the employee |
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or office of the institution that is the designated point of contact |
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for a student requesting each protection or accommodation under |
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this section; |
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(2) be posted in an easily accessible, straightforward |
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format on the institution's Internet website; and |
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(3) be made available annually to faculty, staff, and |
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employees of the institution. |
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(g) The Texas Higher Education Coordinating Board, in |
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consultation with institutions of higher education, shall adopt |
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rules as necessary to administer this section. The rules must |
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establish minimum periods for which a pregnant or parenting student |
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must be given a leave of absence under Subsection (e). In |
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establishing those periods, the board shall consider the maximum |
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amount of time a student may be absent without significantly |
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interfering with the student's ability to complete the student's |
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degree or certificate program. |
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SECTION 2. Not later than January 15, 2024, each public |
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institution of higher education shall adopt and post on the |
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institution's Internet website the policy on pregnancy and |
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parenting discrimination required under Section 51.982(f), |
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Education Code, as added by this Act. |
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SECTION 3. Section 51.982, Education Code, as added by this |
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Act, applies beginning with the 2024 spring semester. |
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SECTION 4. This Act takes effect September 1, 2023. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 412 passed the Senate on |
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April 6, 2023, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 412 passed the House on |
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May 6, 2023, by the following vote: Yeas 133, Nays 1, |
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two present not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |