Senate File 12 - Introduced SENATE FILE 12 BY TAYLOR 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 1348XS (2) 91 je/jh
S.F. 12 Section 1. NEW SECTION . 261K.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 1348XS (2) 91 je/jh 1/ 5
S.F. 12 or twelve months from the date originally scheduled for 1 completion, unless a longer period is medically necessary. 2 4. a. 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 b. If a student who is residing in student housing through 10 the institution elects to take a leave of absence pursuant to 11 paragraph a , the institution shall allow the student to reside 12 in student housing during the students leave of absence. 13 5. a. The attorney general shall maintain a system to 14 receive and investigate complaints from students alleging a 15 violation of this section. 16 b. The attorney general shall forward complaints it 17 has determined as founded to the United States department 18 of educations office for civil rights to allow for an 19 investigation into the institutions compliance with the 20 federal Higher Education Act of 1965, as amended, 20 U.S.C. 21 1681 et seq. 22 6. An institution shall do all of the following: 23 a. Maintain a written policy for students on pregnancy 24 discrimination and procedures for addressing pregnancy 25 discrimination complaints under this section and the federal 26 Higher Education Act of 1965, as amended, 20 U.S.C. 1681 et 27 seq. The institution shall provide a copy of the policy to 28 institution faculty, staff, and employees in required training. 29 The institution shall provide a copy of the policy to all 30 students attending orientation at the institution. 31 b. Prominently post notice of the protections afforded to 32 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., on the institutions internet site. 35 -2- LSB 1348XS (2) 91 je/jh 2/ 5
S.F. 12 c. Provide information concerning the protections afforded 1 to pregnant students and students who have recently given birth 2 under the federal Higher Education Act of 1965, as amended, 20 3 U.S.C. 1681 et seq., through the institutions medical center 4 and student health center to a student upon the students 5 request and when otherwise appropriate. 6 d. Assign responsibility for pregnancy and parenting support 7 and protection to a staff member of the institution. The 8 institution shall post the responsible staff members name, 9 title, and contact information on the institutions internet 10 site. Responsibilities assigned to a staff member pursuant to 11 this paragraph shall include but not be limited to: 12 (1) Maintaining current knowledge of the provisions of this 13 section. 14 (2) Overseeing institution compliance with this section. 15 (3) Understanding and publicizing topics related to 16 pregnancy and parenting, including but not limited to child 17 care availability, breastfeeding accommodations, and pregnancy 18 and parenting assistance from public and private providers, in 19 order to enhance campus life and academic performance. 20 EXPLANATION 21 The inclusion of this explanation does not constitute agreement with 22 the explanations substance by the members of the general assembly. 23 This bill relates to students who are pregnant or who 24 recently gave birth who attend state institutions of higher 25 education governed by the board of regents. 26 The bill defines the term institution as an institution of 27 higher education governed by the state board of regents or a 28 community college. Institution also includes the faculty, 29 staff, and other employees of such institution of higher 30 education or community college. 31 The bill defines reasonable accommodations as including 32 but not being limited to taking additional health and safety 33 measures; allowing a student to reschedule tests and assignment 34 due dates that are missed for reasons related to the students 35 -3- LSB 1348XS (2) 91 je/jh 3/ 5
S.F. 12 pregnancy; allowing a student to take a leave of absence; and 1 excusing absences for reasons deemed medically necessary due 2 to the pregnancy. 3 The bill prohibits an institution from requiring a student 4 enrolled in a course of study or research activity to take 5 a leave of absence, withdraw from a program, or limit the 6 students participation in academic activities solely due to 7 pregnancy. 8 The bill requires an institution to make reasonable 9 accommodations to a pregnant student to allow the student to 10 complete a course of study or research. 11 The bill requires an institution to allow a student who is 12 pregnant or has recently given birth an additional amount of 13 time to take examinations, complete a degree, or complete a 14 candidacy for a degree up to the longer of a period consistent 15 with the policies of the institution or 12 months from the date 16 originally scheduled for examination or completion, unless a 17 longer period is medically necessary. 18 The bill requires an institution to allow a student who 19 is pregnant or has recently given birth a period of up to 12 20 months to take a leave of absence unless there is a medically 21 necessary reason for a longer leave of absence. Following the 22 leave of absence, the student shall be allowed to return to 23 the students program with the same standing and manner as the 24 student left to the degree reasonably possible. 25 The bill allows a student who is residing in student housing 26 through the institution that elects to take a leave of absence 27 due to pregnancy or recent birth to reside in student housing 28 during the students leave of absence. 29 The bill requires the state attorney general to maintain 30 a system to receive and investigate complaints from students 31 alleging a violation relating to pregnancy and recent birth 32 accommodations. 33 The bill requires the attorney general to forward complaints 34 it has determined as founded to the United States department 35 -4- LSB 1348XS (2) 91 je/jh 4/ 5
S.F. 12 of educations office for civil rights to allow for an 1 investigation into the institutions compliance with the 2 federal Higher Education Act of 1965. 3 The bill requires an institution to maintain a written 4 policy for students on pregnancy discrimination and procedures 5 for addressing pregnancy discrimination complaints. The 6 institution must provide a copy of the policy to institution 7 faculty, staff, and employees in required training and to all 8 students attending orientation at the institution. 9 The bill requires an institution to prominently post 10 notice of the protections afforded to pregnant students and 11 students who have recently given birth under the federal Higher 12 Education Act of 1965 on the institutions internet site. 13 The bill requires an institution to provide information 14 concerning the protections afforded to pregnant students and 15 students who have recently given birth under the federal Higher 16 Education Act of 1965 through the institutions medical center 17 and student health center to a student upon the students 18 request and when otherwise appropriate. 19 The bill requires an institution to assign responsibility 20 for pregnancy and parenting support and protection to a staff 21 member of the institution. The institution must post the 22 responsible persons name, title, and contact information on 23 the institutions internet site. The responsibilities assigned 24 to the staff member include but are not limited to maintaining 25 current knowledge of Code provisions relating to accommodations 26 afforded to pregnant students and students who recently gave 27 birth; overseeing institution compliance with Code provisions 28 relating to accommodations afforded to pregnant students 29 and students who recently gave birth; and understanding 30 and publicizing specified topics related to pregnancy and 31 parenting. 32 -5- LSB 1348XS (2) 91 je/jh 5/ 5