PRINTER'S NO. 2048
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1807
Session of
2021
INTRODUCED BY ISAACSON, GILLEN, DALEY, FRANKEL, HILL-EVANS,
HOHENSTEIN, PASHINSKI, SANCHEZ AND SIMS, AUGUST 24, 2021
REFERRED TO COMMITTEE ON EDUCATION, AUGUST 24, 2021
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, an area career and technical school, a
school operated by a school district, an intermediate unit or a
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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 a 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 clean, private and secure room, other
than a restroom, with a working electrical outlet, chair and
table to express breast milk or breastfeed a child.
(2) Permission to bring onto a school campus a breast
pump and any other equipment used to express and store breast
milk.
(3) 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 for one or more intervals
as needed during the school day to express breast milk or
breastfeed a child. For the purpose of this subsection, a
reasonable amount of time shall be based on the individual needs
of the pupil and shall include a sufficient amount of time to
perform all of the following:
(1) Expressing breast milk or breastfeeding a child.
(2) Traveling to and from the designated location for
expressing breast milk or breastfeeding a child.
(3) Traveling to and from the designated location for
storing expressed breast milk.
(4) Cleansing breast pump equipment.
(c) Existing facilities.--A school entity may use an
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existing facility to meet the requirements specified in
subsection (a).
(d) Pupil protection.--A pupil shall not incur any academic
or nonacademic penalty as a result of the pupil's use, at any
time, of the accommodations under this section and shall be
provided an opportunity to make up any work missed due to that
use.
Section 1403-C. Accommodations for pregnant and parenting
pupils.
(a) Reasonable accommodations.--A school entity shall
provide reasonable accommodations for pregnant and parenting
pupils to stay on track to graduate by mitigating school
district policies, procedures and administrative regulations
that create barriers to the continued enrollment, attendance,
transportation, school stability and success in school of pupils
who are pregnant or caring for a child of their own. To
determine the appropriate reasonable accommodations for a pupil,
the school entity shall initiate an informal, interactive
process with the pupil. For the purpose of this subsection,
reasonable accommodations shall include access to any of the
following options:
(1) A full-time cyber school program.
(2) A part-time, in-person schedule or a part-time cyber
school schedule.
(3) A part-time core curriculum identical to that
offered to pupils who split time between the school entity
and an area career and technical school.
(b) Curriculum.--A school entity shall offer a parenting
pupil who chooses the core curriculum offered to pupils
attending an area career and technical school to enroll in the
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area career and technical school or return to the pupil's
residence to parent the pupil's child if the pupil agrees to
take five hours of parenting classes per school year. The core
curriculum and parenting options offered under this subsection
shall fulfill the pupil's graduation requirements.
(c) Child care resources.--
(1) A school entity shall appoint a liaison for pregnant
and parenting pupils who shall have all of the following
duties:
(i) Ensuring outreach and coordination with local
service agencies and other Federal, State and local
public and private entities that provide services or
resources for parenting pupils to obtain free or reduced-
cost access to child care while continuing their
education.
(ii) Ensuring outreach and coordination with State
and local housing agencies responsible for comprehensive
housing affordability strategies for pregnant or
parenting pupils who are homeless as a result of the
pregnancy or parenting.
(2) A school entity shall provide pupils, parents and
guardians with information regarding existing resources and
support that may exist through Federal, State and local
public and private entities for free or reduced-cost access
to child care to ensure parenting pupils can continue their
education.
(3) A school entity shall provide resources for pregnant
or parenting pupils on the school entity's publicly
accessible Internet website, in the student handbook and at
locations frequented by pupils, parents and guardians within
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the school district, including authorized public libraries,
health care facilities, day care centers, community and civic
organizations and religious institutions.
Section 1404-C. Antidiscrimination for married, pregnant,
lactating and parenting pupils.
No school entity may do any of the following:
(1) Deny enrollment based upon a pupil's marital,
pregnancy, lactating or parenting status. A pupil who is
married, pregnant, lactating 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, lactating or
parenting status.
(3) Discriminate in any manner against a pupil on the
basis of the pupil's actual or potential marital, pregnancy,
lactating or parenting status, including childbirth, false
pregnancy, lactation, reproductive tract condition, surgery
or treatment and related recovery.
Section 1405-C. Attendance and absenteeism.
(a) Compulsory attendance.--A pupil of compulsory school age
is not excused from the requirements of compulsory attendance
solely by reason of marriage, pregnancy, lactation or parenting.
As used in this subsection, the term "compulsory school age"
shall have the same meaning as defined in section 1326.
(b) Leave of absence.-- A school entity shall honor excused
absences for reasons relating to pregnancy, lactation,
childbirth or adoption and as authorized under this article. A
principal or teacher in a school entity may excuse a pupil for
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nonattendance upon receipt of a certification by any licensed
health care practitioner or upon receipt of other satisfactory
evidence showing that the pupil is prevented from attending
school, or from application to study, due to any mental,
physical or other urgent reasons, including absences relating to
pregnancy, lactation, childbirth and reproductive tract
condition, surgery or treatment as provided under 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, including the status of the pupil's grades, which shall
remain the same as of the date of the pupil's leave of absence.
The pupil shall return to the same nonacademic and
extracurricular status held before the leave of absence began
and shall have the opportunity to make up for any work missed
while the pupil was absent.
(c) Leave due to pregnancy conditions.--The following apply:
(1) A pupil who is pregnant may request a leave of
absence under subsection (b).
(2) After childbirth, a pupil's absence from school
under subsection (b) shall be permitted for a period of 30 or
more school days from the date of delivery for physical
recovery or to complete the adoption process and permit the
pupil to bond with the child.
(3) For an absence under paragraph (1) or (2), the pupil
must present documentation in accordance with this article to
support the requested leave stating that the pupil is unable
to attend school and specifying the beginning and end dates
of the leave of absence deemed reasonable under the pupil's
individual circumstances.
(4) Upon receipt of the information provided under
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paragraph (3), a school entity shall develop an
individualized parenting pupil academic plan to enable the
pupil to remain engaged in school while on leave. The plan
shall include all educational services that are necessary to
ensure education is provided to the pupil during the leave of
absence, including homebound instruction, remote learning and
provision of all special education services as required under
Federal and State law.
(d) Parental leave.--
(1) An absence of a pupil shall be considered excused
when any of the following apply:
(i) 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.
(ii) The absence is due to the cancellation by a
child care facility, person or entity who was scheduled
to watch the child for whom the pupil is the custodial
parent.
(iii) The absence is due to the refusal of a child
care facility, person or entity to watch the child for
whom the pupil is the custodial parent because the pupil
is experiencing financial difficulty and unable to pay
the child care facility, person or entity.
(2) An excused absence under paragraph (1)(ii) or (iii)
shall not exceed 15 school days.
(e) Instruction and programming.--A pupil who is pregnant or
is a custodial parent and whose mental or physical condition
prevents the pupil from attending regular classes shall be
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assigned to homebound instruction or remote learning or offered
other educational programming as determined by a school entity
with input from the pupil to enable the pupil to stay on track
for graduation. A pupil with a disability shall receive all
legally required special education services under Federal and
State law during the period of homebound instruction, remote
learning or other educational programming. The school entity
shall offer homebound instruction, remote learning or other
educational programming from the date the pupil is unable to
attend school. A designee or point of contact at the school
entity shall remain in contact with the pupil on a weekly basis
for the duration of the pupil's leave of absence. The pupil must
present documentation stating that the pupil is unable to attend
school and specifying the beginning and end dates of the leave
of absence deemed reasonable based on the individual needs of
the pupil. Homebound instruction may not be granted to the pupil
because of lack of child care or solely because the pupil is in
the pupil's 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
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 1406-C. Data collection and enforcement.
(a) Data collection.--The Department of Education shall
issue guidelines to ensure compliance with this article. A
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school entity shall maintain documentation regarding the school
entity's efforts to comply with the article and make the
documentation available to the department upon request.
(b) Enforcement.--A school entity shall develop compaint and
enforcement procedures for a pupil who claims that the school
entity has not complied with the provisions of this article. The
school entity's Title IX coordinator under 34 CFR 106.8(a)
(relating to designation of coordinator, dissemination of
policy, and adoption of grievance procedures) shall have the
duty to ensure the school entity's compliance with the
provisions of this article.
Section 2. This act shall take effect in 60 days.
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