88R2594 JTZ-D
By: Paxton S.B. No. 412
A BILL TO BE ENTITLED
AN ACT
relating to protections for pregnant and parenting students
enrolled in public institutions of higher education.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter Z, Chapter 51, Education Code, is
amended by adding Section 51.982 to read as follows:
Sec. 51.982. PROTECTIONS FOR PREGNANT AND PARENTING
STUDENTS. (a) In this section:
(1) "Institution of higher education" has the meaning
assigned by Section 61.003.
(2) "Parenting student" means a student who is the
parent or legal guardian of a child under 18 years of age.
(b) An institution of higher education may not require a
pregnant or parenting student, solely because of the student's
status as a pregnant or parenting student or due to issues related
to the student's pregnancy or parenting, to:
(1) take a leave of absence or withdraw from the
student's degree or certificate program;
(2) limit the student's studies;
(3) participate in an alternative program;
(4) change the student's major, degree, or certificate
program; or
(5) refrain from joining or cease participating in any
course, activity, or program at the institution.
(c) An institution of higher education shall provide
reasonable accommodations to a pregnant student, including
accommodations that:
(1) would be provided to a student with a temporary
medical condition; or
(2) are related to the health and safety of the student
and the student's unborn child, such as by allowing the student to
maintain a safe distance from substances, areas, and activities
known to be hazardous to pregnant women or unborn children.
(d) An institution of higher education shall, for reasons
related to a student's pregnancy, childbirth, or any resulting
medical status or condition:
(1) excuse the student's absence;
(2) allow the student to make up missed assignments or
assessments; and
(3) allow the student additional time to complete
assignments in the same manner as the institution allows for a
student with a temporary medical condition.
(e) An institution of higher education shall allow a
pregnant or parenting student to:
(1) take a leave of absence; and
(2) if in good academic standing at the time the
student takes a leave of absence, return to the student's degree or
certificate program in good academic standing without being
required to reapply for admission.
(f) Each institution of higher education shall adopt a
policy for students on pregnancy and parenting discrimination. The
policy must be:
(1) posted in an easily accessible, straightforward
format on the institution's Internet website; and
(2) made available annually to faculty, staff, and
employees of the institution.
(g) The Texas Higher Education Coordinating Board, in
consultation with institutions of higher education, shall adopt
rules as necessary to administer this section. The rules must
establish minimum periods for which a pregnant or parenting student
must be given a leave of absence under Subsection (e). In
establishing those periods, the board shall consider the maximum
amount of time a student may be absent without significantly
interfering with the student's ability to complete the student's
degree or certificate program.
SECTION 2. Not later than January 15, 2024, each public
institution of higher education shall adopt and post on the
institution's Internet website the policy on pregnancy and
parenting discrimination required under Section 51.982(f),
Education Code, as added by this Act.
SECTION 3. Section 51.982, Education Code, as added by this
Act, applies beginning with the 2024 spring semester.
SECTION 4. This Act takes effect September 1, 2023.