| 1 | 1 | | 88R2594 JTZ-D |
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| 2 | 2 | | By: Paxton S.B. No. 413 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to protections for pregnant and parenting students |
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| 8 | 8 | | enrolled in public institutions of higher education. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Subchapter Z, Chapter 51, Education Code, is |
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| 11 | 11 | | amended by adding Section 51.982 to read as follows: |
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| 12 | 12 | | Sec. 51.982. PROTECTIONS FOR PREGNANT AND PARENTING |
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| 13 | 13 | | STUDENTS. (a) In this section: |
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| 14 | 14 | | (1) "Institution of higher education" has the meaning |
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| 15 | 15 | | assigned by Section 61.003. |
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| 16 | 16 | | (2) "Parenting student" means a student who is the |
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| 17 | 17 | | parent or legal guardian of a child under 18 years of age. |
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| 18 | 18 | | (b) An institution of higher education may not require a |
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| 19 | 19 | | pregnant or parenting student, solely because of the student's |
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| 20 | 20 | | status as a pregnant or parenting student or due to issues related |
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| 21 | 21 | | to the student's pregnancy or parenting, to: |
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| 22 | 22 | | (1) take a leave of absence or withdraw from the |
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| 23 | 23 | | student's degree or certificate program; |
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| 24 | 24 | | (2) limit the student's studies; |
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| 25 | 25 | | (3) participate in an alternative program; |
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| 26 | 26 | | (4) change the student's major, degree, or certificate |
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| 27 | 27 | | program; or |
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| 28 | 28 | | (5) refrain from joining or cease participating in any |
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| 29 | 29 | | course, activity, or program at the institution. |
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| 30 | 30 | | (c) An institution of higher education shall provide |
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| 31 | 31 | | reasonable accommodations to a pregnant student, including |
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| 32 | 32 | | accommodations that: |
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| 33 | 33 | | (1) would be provided to a student with a temporary |
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| 34 | 34 | | medical condition; or |
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| 35 | 35 | | (2) are related to the health and safety of the student |
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| 36 | 36 | | and the student's unborn child, such as by allowing the student to |
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| 37 | 37 | | maintain a safe distance from substances, areas, and activities |
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| 38 | 38 | | known to be hazardous to pregnant women or unborn children. |
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| 39 | 39 | | (d) An institution of higher education shall, for reasons |
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| 40 | 40 | | related to a student's pregnancy, childbirth, or any resulting |
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| 41 | 41 | | medical status or condition: |
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| 42 | 42 | | (1) excuse the student's absence; |
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| 43 | 43 | | (2) allow the student to make up missed assignments or |
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| 44 | 44 | | assessments; and |
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| 45 | 45 | | (3) allow the student additional time to complete |
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| 46 | 46 | | assignments in the same manner as the institution allows for a |
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| 47 | 47 | | student with a temporary medical condition. |
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| 48 | 48 | | (e) An institution of higher education shall allow a |
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| 49 | 49 | | pregnant or parenting student to: |
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| 50 | 50 | | (1) take a leave of absence; and |
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| 51 | 51 | | (2) if in good academic standing at the time the |
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| 52 | 52 | | student takes a leave of absence, return to the student's degree or |
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| 53 | 53 | | certificate program in good academic standing without being |
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| 54 | 54 | | required to reapply for admission. |
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| 55 | 55 | | (f) Each institution of higher education shall adopt a |
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| 56 | 56 | | policy for students on pregnancy and parenting discrimination. The |
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| 57 | 57 | | policy must be: |
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| 58 | 58 | | (1) posted in an easily accessible, straightforward |
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| 59 | 59 | | format on the institution's Internet website; and |
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| 60 | 60 | | (2) made available annually to faculty, staff, and |
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| 61 | 61 | | employees of the institution. |
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| 62 | 62 | | (g) The Texas Higher Education Coordinating Board, in |
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| 63 | 63 | | consultation with institutions of higher education, shall adopt |
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| 64 | 64 | | rules as necessary to administer this section. The rules must |
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| 65 | 65 | | establish minimum periods for which a pregnant or parenting student |
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| 66 | 66 | | must be given a leave of absence under Subsection (e). In |
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| 67 | 67 | | establishing those periods, the board shall consider the maximum |
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| 68 | 68 | | amount of time a student may be absent without significantly |
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| 69 | 69 | | interfering with the student's ability to complete the student's |
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| 70 | 70 | | degree or certificate program. |
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| 71 | 71 | | SECTION 2. Not later than January 15, 2024, each public |
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| 72 | 72 | | institution of higher education shall adopt and post on the |
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| 73 | 73 | | institution's Internet website the policy on pregnancy and |
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| 74 | 74 | | parenting discrimination required under Section 51.982(f), |
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| 75 | 75 | | Education Code, as added by this Act. |
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| 76 | 76 | | SECTION 3. Section 51.982, Education Code, as added by this |
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| 77 | 77 | | Act, applies beginning with the 2024 spring semester. |
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| 78 | 78 | | SECTION 4. This Act takes effect September 1, 2023. |
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