Texas 2023 - 88th Regular

Texas Senate Bill SB412 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	S.B. No. 412
2	2
3	3
4	4	AN ACT
5	5	relating to protections for pregnant and parenting students
6	6	enrolled in public institutions of higher education.
7	7	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	8	SECTION 1. Subchapter Z, Chapter 51, Education Code, is
9	9	amended by adding Section 51.982 to read as follows:
10	10	Sec. 51.982. PROTECTIONS FOR PREGNANT AND PARENTING
11	11	STUDENTS. (a) In this section:
12	12	(1) "Institution of higher education" has the meaning
13	13	assigned by Section 61.003.
14	14	(2) "Parenting student" means a student who is the
15	15	parent or legal guardian of a child under 18 years of age.
16	16	(b) An institution of higher education may not require a
17	17	pregnant or parenting student, solely because of the student's
18	18	status as a pregnant or parenting student or due to issues related
19	19	to the student's pregnancy or parenting, to:
20	20	(1) take a leave of absence or withdraw from the
21	21	student's degree or certificate program;
22	22	(2) limit the student's studies;
23	23	(3) participate in an alternative program;
24	24	(4) change the student's major, degree, or certificate
25	25	program; or
26	26	(5) refrain from joining or cease participating in any
27	27	course, activity, or program at the institution.
28	28	(c) An institution of higher education shall provide
29	29	reasonable accommodations to a pregnant student, including
30	30	accommodations that:
31	31	(1) would be provided to a student with a temporary
32	32	medical condition; or
33	33	(2) are related to the health and safety of the student
34	34	and the student's unborn child, such as allowing the student to
35	35	maintain a safe distance from substances, areas, and activities
36	36	known to be hazardous to pregnant women or unborn children.
37	37	(d) An institution of higher education shall, for reasons
38	38	related to a student's pregnancy, childbirth, or any resulting
39	39	medical status or condition:
40	40	(1) excuse the student's absence;
41	41	(2) allow the student to make up missed assignments or
42	42	assessments;
43	43	(3) allow the student additional time to complete
44	44	assignments in the same manner as the institution allows for a
45	45	student with a temporary medical condition; and
46	46	(4) provide the student with access to instructional
47	47	materials and video recordings of lectures for classes for which
48	48	the student has an excused absence under this section to the same
49	49	extent that instructional materials and video recordings of
50	50	lectures are made available to any other student with an excused
51	51	absence.
52	52	(e) An institution of higher education shall allow a
53	53	pregnant or parenting student to:
54	54	(1) take a leave of absence; and
55	55	(2) if in good academic standing at the time the
56	56	student takes a leave of absence, return to the student's degree or
57	57	certificate program in good academic standing without being
58	58	required to reapply for admission.
59	59	(f) Each institution of higher education shall adopt a
60	60	policy for students on pregnancy and parenting discrimination. The
61	61	policy must:
62	62	(1) include the contact information for the employee
63	63	or office of the institution that is the designated point of contact
64	64	for a student requesting each protection or accommodation under
65	65	this section;
66	66	(2) be posted in an easily accessible, straightforward
67	67	format on the institution's Internet website; and
68	68	(3) be made available annually to faculty, staff, and
69	69	employees of the institution.
70	70	(g) The Texas Higher Education Coordinating Board, in
71	71	consultation with institutions of higher education, shall adopt
72	72	rules as necessary to administer this section. The rules must
73	73	establish minimum periods for which a pregnant or parenting student
74	74	must be given a leave of absence under Subsection (e). In
75	75	establishing those periods, the board shall consider the maximum
76	76	amount of time a student may be absent without significantly
77	77	interfering with the student's ability to complete the student's
78	78	degree or certificate program.
79	79	SECTION 2. Not later than January 15, 2024, each public
80	80	institution of higher education shall adopt and post on the
81	81	institution's Internet website the policy on pregnancy and
82	82	parenting discrimination required under Section 51.982(f),
83	83	Education Code, as added by this Act.
84	84	SECTION 3. Section 51.982, Education Code, as added by this
85	85	Act, applies beginning with the 2024 spring semester.
86	86	SECTION 4. This Act takes effect September 1, 2023.
87	87	______________________________ ______________________________
88	88	President of the Senate Speaker of the House
89	89	I hereby certify that S.B. No. 412 passed the Senate on
90	90	April 6, 2023, by the following vote: Yeas 31, Nays 0.
91	91	______________________________
92	92	Secretary of the Senate
93	93	I hereby certify that S.B. No. 412 passed the House on
94	94	May 6, 2023, by the following vote: Yeas 133, Nays 1,
95	95	two present not voting.
96	96	______________________________
97	97	Chief Clerk of the House
98	98	Approved:
99	99	______________________________
100	100	Date
101	101	______________________________
102	102	Governor