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Title IX Covers Pregnancy and Termination

The Office of Civil Rights for the U.S. Department of Education has issued an updated summary clarifying that Title IX covers not only pregnant students and employees, but also those who have terminated their pregnancies. Schools must grant leave for students who have abortions as long as their medical providers deem it medically necessary. When the students return, the schools must reinstate the student to the same status they have before they left. If teachers base grades in part on attendance, then those teachers must give the students opportunities and time to make up for any absences.

Many religious schools remain exempt if the above requirements “would not be consistent with the religious tenets of such organizations.” The question of which religious schools are within the exemption is more complicated, and schools with questions should consult with qualified attorneys about their particular situations.

Schools must not discriminate against any student, or exclude any student from their education program or activity, including any class or extracurricular activity, based on a student’s pregnancy, childbirth, false pregnancy, termination of pregnancy, or recovery therefrom.

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ausburn_deborah, youth services law, schools, title ix, insights