Senate File 252 - Introduced SENATE FILE 252 BY COMMITTEE ON EDUCATION (SUCCESSOR TO SF 58) A BILL FOR An Act relating to students who are pregnant or who recently 1 gave birth who attend state institutions of higher education 2 governed by the board of regents and community colleges. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 1360SV (2) 90 dg/jh
S.F. 252 Section 1. NEW SECTION . 261J.1 Student parents at 1 institutions. 2 1. For the purposes of this section: 3 a. Institution means an institution of higher education 4 governed by the state board of regents or a community college 5 established under chapter 260C. Institution also includes 6 the faculty, staff, and other employees of such institution of 7 higher education or community college established under chapter 8 260C. 9 b. Reasonable accommodations includes but is not limited 10 to all of the following: 11 (1) Taking additional health and safety measures. 12 (2) Allowing a student to reschedule tests and assignment 13 due dates that are missed for reasons related to the students 14 pregnancy. 15 (3) Allowing a student to take a leave of absence. 16 (4) Excusing absences for reasons deemed medically 17 necessary due to the pregnancy. 18 2. An institution shall not require a student enrolled 19 in a course of study or research activity to take a leave 20 of absence, withdraw from a program, or limit the students 21 participation in academic activities solely due to pregnancy. 22 An institution shall make reasonable accommodations to a 23 pregnant student to allow the student to complete a course of 24 study or research. 25 3. a. An institution shall allow a student who is pregnant 26 or has recently given birth an additional amount of time to 27 take examinations up to the longer of a period consistent with 28 the policies of the institution or twelve months from the 29 originally scheduled examination date, unless a longer period 30 is medically necessary. 31 b. An institution shall allow a student who is pregnant 32 or has recently given birth an additional amount of time to 33 complete a degree or candidacy for a degree up to the longer 34 of a period consistent with the policies of the institution 35 -1- LSB 1360SV (2) 90 dg/jh 1/ 5
S.F. 252 or twelve months from the date originally scheduled for 1 completion, unless a longer period is medically necessary. 2 4. An institution shall allow a student who is pregnant 3 or has recently given birth a period of up to twelve months to 4 take a leave of absence unless there is a medically necessary 5 reason for a longer leave of absence. Following the leave 6 of absence, the student shall be allowed to return to the 7 students program with the same standing as the student left to 8 the degree reasonably possible. 9 5. a. The attorney general shall maintain a system to 10 receive and investigate complaints from students alleging a 11 violation of this section. 12 b. The attorney general shall forward complaints it 13 has determined as founded to the United States department 14 of educations office for civil rights to allow for an 15 investigation into the institutions compliance with the 16 federal Higher Education Act of 1965, as amended, 20 U.S.C. 17 1681 et seq. 18 6. An institution shall do all of the following: 19 a. Maintain a written policy for students on pregnancy 20 discrimination and procedures for addressing pregnancy 21 discrimination complaints under this section and the federal 22 Higher Education Act of 1965, as amended, 20 U.S.C. 1681 et 23 seq. The institution shall provide a copy of the policy to 24 institution faculty, staff, and employees in required training. 25 The institution shall provide a copy of the policy to all 26 students attending orientation at the institution. 27 b. Prominently post notice of the protections afforded to 28 pregnant students and students who have recently given birth 29 under the federal Higher Education Act of 1965, as amended, 20 30 U.S.C. 1681 et seq., on the institutions internet site. 31 c. Provide information concerning the protections afforded 32 to pregnant students and students who have recently given birth 33 under the federal Higher Education Act of 1965, as amended, 20 34 U.S.C. 1681 et seq., through the institutions medical center 35 -2- LSB 1360SV (2) 90 dg/jh 2/ 5
S.F. 252 and student health center to a student upon the students 1 request and when otherwise appropriate. 2 d. Assign responsibility for pregnancy and parenting support 3 and protection to a staff member of the institution. The 4 institution shall post the responsible staff members name, 5 title, and contact information on the institutions internet 6 site. Responsibilities assigned to a staff member pursuant to 7 this paragraph shall include but not be limited to: 8 (1) Maintaining current knowledge of the provisions of this 9 section. 10 (2) Overseeing institution compliance with this section. 11 (3) Understanding and publicizing topics related to 12 pregnancy and parenting, including but not limited to child 13 care availability, breastfeeding accommodations, and pregnancy 14 and parenting assistance from public and private providers, in 15 order to enhance campus life and academic performance. 16 EXPLANATION 17 The inclusion of this explanation does not constitute agreement with 18 the explanations substance by the members of the general assembly. 19 This bill relates to students who are pregnant or who 20 recently gave birth who attend state institutions of higher 21 education governed by the board of regents. 22 The bill defines the term institution as an institution of 23 higher education governed by the state board of regents or a 24 community college. Institution also includes the faculty, 25 staff, and other employees of such institution of higher 26 education or community college. 27 The bill defines reasonable accommodations as including 28 but not being limited to taking additional health and safety 29 measures; allowing a student to reschedule tests and assignment 30 due dates that are missed for reasons related to the students 31 pregnancy; allowing a student to take a leave of absence; and 32 excusing absences for reasons deemed medically necessary due 33 to the pregnancy. 34 The bill prohibits an institution from requiring a student 35 -3- LSB 1360SV (2) 90 dg/jh 3/ 5
S.F. 252 enrolled in a course of study or research activity to take 1 a leave of absence, withdraw from a program, or limit the 2 students participation in academic activities solely due to 3 pregnancy. 4 The bill requires an institution to make reasonable 5 accommodations to a pregnant student to allow the student to 6 complete a course of study or research. 7 The bill requires an institution to allow a student who is 8 pregnant or has recently given birth an additional amount of 9 time to take examinations, complete a degree, or complete a 10 candidacy for a degree up to the longer of a period consistent 11 with the policies of the institution or 12 months from the date 12 originally scheduled for examination or completion, unless a 13 longer period is medically necessary. 14 The bill requires an institution to allow a student who 15 is pregnant or has recently given birth a period of up to 12 16 months to take a leave of absence unless there is a medically 17 necessary reason for a longer leave of absence. Following the 18 leave of absence, the student shall be allowed to return to 19 the students program with the same standing and manner as the 20 student left to the degree reasonably possible. 21 The bill requires the state attorney general to maintain 22 a system to receive and investigate complaints from students 23 alleging a violation relating to pregnancy and recent birth 24 accommodations. 25 The bill requires the attorney general to forward complaints 26 it has determined as founded to the United States department 27 of educations office for civil rights to allow for an 28 investigation into the institutions compliance with the 29 federal Higher Education Act of 1965. 30 The bill requires an institution to maintain a written 31 policy for students on pregnancy discrimination and procedures 32 for addressing pregnancy discrimination complaints under this 33 Code section and the federal Higher Education Act of 1965. The 34 institution must provide a copy of the policy to institution 35 -4- LSB 1360SV (2) 90 dg/jh 4/ 5
S.F. 252 faculty, staff, and employees in required training and to all 1 students attending orientation at the institution. 2 The bill requires an institution to prominently post 3 notice of the protections afforded to pregnant students and 4 students who have recently given birth under the federal Higher 5 Education Act of 1965 on the institutions internet site. 6 The bill requires an institution to provide information 7 concerning the protections afforded to pregnant students and 8 students who have recently given birth under the federal 9 Higher Education Act of 1965, as amended, 20 U.S.C. 1681 et 10 seq., through the institutions medical center and student 11 health center to a student upon the students request and when 12 otherwise appropriate. 13 The bill requires an institution to assign responsibility 14 for pregnancy and parenting support and protection to a staff 15 member of the institution. The institution must post the 16 responsible persons name, title, and contact information 17 on the institutions internet site. The responsibilities 18 assigned to the staff member include but are not limited to 19 maintaining current knowledge of Code provisions relating to 20 accommodations afforded to pregnant students and students 21 who recently gave birth; overseeing institution compliance 22 with Code provisions relating to accommodations afforded to 23 pregnant students and students who recently gave birth; and 24 understanding and publicizing topics related to pregnancy 25 and parenting, including but not limited to child care 26 availability, breastfeeding accommodations, and pregnancy and 27 parenting assistance from public and private providers, in 28 order to enhance campus life and academic performance. 29 -5- LSB 1360SV (2) 90 dg/jh 5/ 5