By: Paxton, et al. S.B. No. 412
 
  (Guillen, Ramos, Morales of Maverick, Plesa, et al.)
 
   
 
 
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.