SERIES 3000: OPERATIONS, FINANCE, AND PROPERTY
3100 General Operations
3115F Complaint Dismissal and Appeals
A. Pregnancy or Related Conditions
The District will not adopt or implement any policy, practice, or procedure, or take any action, on the basis of sex: (1) concerning a student’s current, potential, or past parental, family, or marital status that treats students differently on the basis of sex; (2) concerning the current, potential, or past parental, family, or marital status of an employee or applicant for employment that treats persons differently or that is based upon whether an employee or applicant for employment is the head of household or principal wage earner; (3) concerning pre-admission inquiries as to the martial status of an applicant for admission.
1. Comparable Treatment to Other Medical Conditions
The District treats pregnancy or related conditions as any other temporary medical condition for all job-related purposes and with respect to any medical or hospital benefit, service, plan, or policy the District administers, operates, offers, or participates in with respect to students.
2. Lactation Time and Space
The District will ensure access to and provide reasonable break time for an employee or student to express breast milk or breastfeed as needed.
The lactation space will be a space other than a bathroom that is clean, shielded from view, free from intrusion from others, and which may be used by an employee or student for expressing breast milk or breastfeeding as needed.
3. Student Pregnancy or Related Conditions Additional Requirements
a. Employee Obligations
Unless the employee reasonably believes that the Title IX Coordinator has already been notified, when a student, or a person who has a legal right to act on behalf of the student, informs any employee of the student’s pregnancy or related condition, the employee will promptly provide that person with the Title IX Coordinator’s contact information and inform that person that the Title IX Coordinator can coordinate specific actions to prevent sex discrimination and ensure the student’s equal access to the District’s education program or activity.
b. Title IX Coordinator Obligations
Upon receiving information that a student is pregnant or has a related condition, the Title IX Coordinator will take the steps below:
i. Inform the student and the person who notified the District of the pregnancy or related condition (if that person has the legal right to act on behalf of that student) of the District’s obligations and the student’s rights;
ii. Provide a copy of the District’s notice of non-discrimination to the student and the person who notified the District of the pregnancy or related condition (if that person has the legal right to act on behalf of that student);
iii. Make reasonable modifications to the District’s policies, practices, or procedures as necessary to prevent sex discrimination and ensure equal access to the District’s programs and activities. Any reasonable modification must be based on the student’s individualized needs and made by consulting with the student. The student has the right to accept or reject any reasonable modifications. Any accepted reasonable modifications will be implemented;
iv. Allow the student to voluntarily access any separate and comparable portion of the District’s education program or activity;
v. Allow the student to voluntarily take a leave of absence from the District’s program or activity to cover (at a minimum) the period of time deemed medically necessary by the student’s licensed healthcare provider. Upon return, the student will be reinstated to the academic status and extracurricular status (as applicable) that the student held before leave began;
vi. Provide access to a lactation space; and
vii. Not require supporting documentation unless the documentation is necessary and reasonable for the District to determine the reasonable modifications to make or whether to take additional actions to support the student.
c. Certificate to Participate
The District will not require a student who is pregnant or has a related condition to provide certification from a healthcare provider or any other person that the student is physically able to participate in the District’s class, program, or extracurricular activity unless: (i) the certified level of physical ability or health is necessary for participation in the class, program, or extracurricular activity; (ii) the District requires such certification of all students participating in the class, program, or extracurricular activity; and (iii) the information obtained is not used as a basis for discrimination.
Legal authority: 34 CFR 106.40
Date adopted: 7/16/24
Date revised:
