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PRINTER'S NO. 2875
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2048
Session of
2019
INTRODUCED BY ISAACSON, McCLINTON, HANBIDGE, MURT, CALTAGIRONE,
FRANKEL, HILL-EVANS, KINSEY, OTTEN, ROZZI, SCHLOSSBERG AND
SCHWEYER, NOVEMBER 14, 2019
REFERRED TO COMMITTEE ON EDUCATION, NOVEMBER 14, 2019
AN ACT
Amending the act of March 10, 1949 (P.L.30, No.14), entitled "An
act relating to the public school system, including certain
provisions applicable as well to private and parochial
schools; amending, revising, consolidating and changing the
laws relating thereto," providing for married, pregnant,
lactating and parenting pupils.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The act of March 10, 1949 (P.L.30, No.14), known
as the Public School Code of 1949, is amended by adding an
article to read:
ARTICLE XIV-C
MARRIED, PREGNANT, LACTATING AND PARENTING PUPILS
Section 1401-C. Definitions.
The following words and phrases when used in this article
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"School entity." A charter school, cyber charter school,
regional charter school, a school operated by a school district,
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an intermediate unit or a nonpublic school.
Section 1402-C. Accommodations for lactating pupils.
(a) Reasonable accommodations.--Each school entity shall
provide reasonable accommodations for a lactating pupil on a
school campus to express breast milk, breastfeed an infant child
or address other needs related to breastfeeding. Reasonable
accommodations under this section include, but are not limited
to, all of the following:
(1) Access to a private and secure room, other than a
restroom, to express breast milk or breastfeed an infant
child.
(2) Permission to bring onto a school campus a breast
pump and any other equipment used to express breast milk.
(3) Access to a power source for a breast pump and any
other equipment used to express breast milk.
(4) Access to a place to store expressed breast milk
safely.
(b) Time.--A lactating pupil on a school campus shall be
provided a reasonable amount of time during the school day to
express breast milk or breastfeed an infant child.
(c) Condition.--A school entity shall provide the
accommodations specified in subsection (a) only if there is at
least one lactating pupil on the school campus.
(d) Existing facilities.--A school entity may use an
existing facility to meet the requirements specified in
subsection (a).
(e) Pupil protection.--A pupil shall not incur an academic
penalty as a result of her use, during the school day, of the
accommodations under this section and shall be provided an
opportunity to make up any work missed due to that use.
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Section 1403-C. Antidiscrimination for married, pregnant and
parenting pupils.
No school entity may do any of the following:
(1) Deny enrollment based upon a pupil's marital,
pregnancy or parenting status. A pupil who is married,
pregnant or a parent may enroll in any school or program for
which the pupil would otherwise qualify.
(2) Expel, suspend or otherwise exclude a pupil from, or
require a pupil to participate in, a school program solely on
the basis of the pupil's marital, pregnancy or parenting
status.
(3) Discriminate against a pupil on the basis of the
pupil's actual or potential marital, pregnancy or parenting
status, including childbirth, false pregnancy, termination of
pregnancy and related recovery.
Section 1404-C. Attendance and absenteeism.
(a) Compulsory attendance.--A pupil under 17 years of age is
not excused from the requirements of compulsory attendance
solely by reason of marriage, pregnancy or parenting.
(b) Leave of absence.--The superintendent or the
superintendent's designee may grant a leave of absence from
school to a pupil for pregnancy, childbirth and abortion as
provided in subsection (c). At the conclusion of the leave, the
pupil may reenter the school and shall be reinstated to the
status held when the leave began in the same manner as any pupil
whose nonattendance is a result of an excused absence or
temporary disability.
(c) Maternity leave.--The following apply:
(1) A pupil who is pregnant may request a leave of
absence under subsection (b) for as long as medically
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necessary.
(2) After childbirth, a pupil's absence from school
under subsection (b) shall be permitted for a period not to
exceed 30 school days from the date of delivery for physical
recovery and adjustment to parenting, unless an extension of
time is medically necessary.
(3) For an absence under paragraph (1) or (2), the pupil
must present a medical certification from the pupil's
physician stating that the pupil is unable to attend school
and specifying the beginning and end dates of the leave of
absence deemed necessary by the physician.
(d) Parental leave.--An absence of a pupil shall be
considered excused when the absence is due to the illness or
medical appointment of a child for whom the pupil is the
custodial parent. A school entity may require verification of
illness for the absence in accordance with policies applicable
to all pupils.
(e) Homebound instruction.--A pupil who is pregnant or is a
custodial parent and whose mental or physical condition prevents
the pupil from attending regular classes may be assigned to
homebound instruction. The pupil must present a medical
certification from the pupil's physician stating that the pupil
is unable to attend school and specifying the beginning and end
dates of the leave of absence deemed necessary by the physician.
Homebound instruction may not be granted to the pupil because of
lack of child care or solely because the student is in her third
trimester of pregnancy.
(f) Confidentiality.--Health and personal information
regarding a pupil is confidential and may not appear in
cumulative records. A school entity may not consider a pupil's
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pregnancy when determining educational or job opportunities,
awards and scholarships. Information received in confidence from
a pupil may be revealed to the pupil's parents or guardians, the
principal or other appropriate authority when the health, safety
or welfare of the pupil or another person is clearly in
jeopardy.
Section 2. This act shall take effect in 60 days.
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