PRINTER'S NO. 1007
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
994
Session of
2023
INTRODUCED BY ISAACSON, FRANKEL, GIRAL, HANBIDGE, HILL-EVANS,
HOHENSTEIN, MADDEN, O'MARA, SANCHEZ AND WARREN,
APRIL 24, 2023
REFERRED TO COMMITTEE ON EDUCATION, APRIL 24, 2023
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
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school operated by a school district, an intermediate unit,
nonpublic school, a school or school program associated with a
residential placement or a program to prepare for Commonwealth
Secondary School Diploma.
Section 1402-C. Accommodations for lactating pupils.
(a) Reasonable accommodations.--Each lactating pupil shall
be entitled to reasonable accommodations provided by a school
entity 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
equipment and refrigerate 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
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storing expressed breast milk.
(4) Cleansing and assembling breast pump equipment.
(5) Engaging in necessary personal care activities
associated with breastfeeding.
(c) Existing facilities.--A school entity may use an
existing facility to meet the requirements specified in
subsection (a).
(d) Pupil protection.--A pupil shall not incur any academic
or nonacademic penalty, including any restriction on
participation in school-sponsored activities or extracurricular
activities, 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, without
academic penalty and with sufficient time to make up the work in
light of the pupil's individual needs.
Section 1403-C. Accommodations for pregnant and parenting
pupils.
(a) Reasonable accommodations.--A school entity shall
provide all reasonable accommodations for pregnant and parenting
pupils to stay on track to graduate by eliminating school
district and school building-level policies, procedures,
practices and administrative regulations that create barriers to
the continued enrollment, attendance, transportation, school
stability, full participation 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, student-centered
interactive process with the pupil. Any proposed change in a
pupil's placement or modifications to a program must be
voluntary and cannot be mandated by the school entity. For the
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purpose of this subsection, reasonable accommodations shall
include access to any of the following options:
(1) Full-time participation in the current program with
accommodations for tests and homework.
(2) A part-time, in-person core curriculum identical to
that offered to pupils who split time between the school
entity and an area career and technical school.
(3) A part-time, in-person schedule or a part-time cyber
school schedule.
(4) A full-time cyber school program.
(5) Leave as provided in section 1405-C(b), (c) and (d).
(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
area career and technical school or return to the pupil's
residence to parent the pupil's child. 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 that will
serve each pregnant and parenting pupil. The liaison 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
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housing affordability strategies for pregnant or
parenting pupils who are experiencing homelessness as
defined by 42 U.S.C. § 11434a(2)(B)(i) (relating to
definitions).
(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 that 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
the school district, including authorized public libraries,
health care facilities, day-care centers, community and civic
organizations and religious institutions.
(4) Pupils, caregivers and education decision makers
appointed by a court of the school district shall also be
given the name, phone number and email for the liaison and
shall be informed within five school days if the liaison has
changed.
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.
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(2) Expel, suspend or otherwise exclude a pupil from, or
require a pupil to participate in, a school program, school-
sponsored activity or extracurricular activity 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, parenting or
seeking necessary medical care for the pupil or the pupil's
child. 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 excuse absences
for reasons relating to pregnancy, lactation, childbirth,
parenting or adoption and as authorized under this article. A
principal or teacher in a school entity shall excuse a pupil for
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 reasons, including absences relating to
pregnancy, lactation, childbirth , bonding with an infant and
other necessary medical or reproductive care or care needed for
the pupil's child, including reproductive tract conditions and
surgery or treatment as provided under subsection (c). At the
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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. The pupil shall not be denied the ability to participate
in academic, school-sponsored or extracurricular activities due
to deadlines missed due to a leave of absence should the pupil
meet the other eligibility requirements.
(c) Leave due to pregnancy conditions.--
(1) A pupil who is pregnant may request a leave of
absence under subsection (b).
(2) After childbirth or receipt of reproductive medical
care related to pregnancy or childbirth, a pupil's absence
from school under subsection (b) shall be permitted for a
period of at least 30 or more school days from the start date
of delivery or medical care for physical recovery or to
recover from necessary medical care for the pupil or the
pupil's child or to complete the adoption process and time
permitted for 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 and specifying the beginning and
expected end dates of the leave of absence deemed reasonable
under the pupil's individual circumstances. School entities
shall be flexible in accepting documentation, including
communications by email, phone, text or letters documenting
the need for a leave of absence.
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(4) Upon receipt of the information provided under
paragraph (3), a school entity shall develop and offer an
individualized parenting pupil academic plan to enable the
pupil to remain engaged in and connected to 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, tutoring 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)
may not exceed 15 school days.
(e) Special programming and disability accommodations and
leave.--A pupil who is pregnant or is a custodial parent and
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whose mental or physical condition prevents the pupil from
attending regular classes shall be 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. Nothing in this article shall abridge
or curtail a pupil's right to receive a free appropriate public
education. 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 at least 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. School
entities shall be flexible in accepting documentation, including
emails, phone, text or letters documenting the need for a leave
of absence.
(f) Confidentiality.--Health and personal information
regarding a pupil is confidential and may not appear in
cumulative records or disclosed without the pupil's consent to
the extent authorized by existing law. Personal health
information, including pregnancy, may be revealed to the pupil's
parents or guardians, the principal or other appropriate
authority as permitted by law.
Section 1406-C. Notification of rights and enforcement.
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(a) Notification of rights.--The Department of Education
shall issue guidelines to ensure compliance with this article
within one year of the effective date of this section. A school
entity shall publish the rights provided in this article in the
student handbook and on the school's publicly accessible
Internet website. Documentation shall be provided regarding the
school entity's efforts to comply with this article and make the
documentation available to the department upon request.
(b) Enforcement.--A school entity shall develop complaint
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.
(c) Remedies.--
(1) A person claiming a violation under this article may
take any of the following actions as a sole action,
concurrently or in sequence:
(i) If otherwise permitted by the laws or rules of
this Commonwealth, bring an action for preliminary
injunctive relief in an appropriate court. Any order or
relief shall be granted in accordance with Pa.R.C.P. No.
1531 (relating to special relief, injunctions).
(ii) Make, sign and file with the Pennsylvania Human
Relations Commission a verified complaint, in writing, in
accordance with the procedures under the act of October
27, 1955 (P.L.744, No.222), known as the Pennsylvania
Human Relations Act, with all appeals, enforcement
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mechanisms, judicial review and remedies, including
damages and attorney fees, available under the
Pennsylvania Human Relations Act. The Pennsylvania Human
Relations Commission may also award actual damages,
including damages caused by humiliation and
embarrassment, to effectuate the purpose of this article.
(2) The remedies and procedures provided in paragraph
(1) shall not foreclose an individual's remedies under
Federal law or other applicable laws of this Commonwealth.
Section 2. This act shall take effect in 60 days.
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