What the Title IX Federal Law Says

Title IX prohibits discrimination against a student based on pregnancy, childbirth, false pregnancy, termination of pregnancy, or recovery from any of these conditions. Title IX also prohibits a school, college, or university from applying any rule related to a student’s parental, family, or marital status that treats students differently based on their gender.

What the Texas State Laws Say

Texas Education Code Section 51.982

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.

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 allowing the student to maintain a safe distance from substances, areas, and activities known to be hazardous to pregnant women or unborn children.

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; 
  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; and
  4. Provide the student with access to instructional materials and video recordings of lectures for classes for which the student has an excused absence to the same extent that instructional materials and video recordings of lectures are made available to any other student with an excused absence.

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.

Texas Education Code Section 51.9357

Each institution of higher education shall designate at least one (1) employee of the institution to act as a liaison officer for current or incoming students at the institution who are the parent or guardian of a child younger than 18 years of age. The liaison officer shall provide to the students information regarding support services and other resources available to the students at the institution, including:

  1. Resources to access:
    • Medical and behavioral health coverage and services; and
    • Public benefit programs, including programs related to food security, affordable housing, and housing subsidies;
  2. Parenting and child care resources;
  3. Employment resources;
  4. Transportation assistance;
  5. Student academic success strategies; and
  6. Any other resources developed by the institution to assist the students.

Not later than May 1 of each academic year, an institution of higher education shall submit to the coordinating board a report that contains the following information regarding students enrolled at the institution for the current academic year who are the parent or guardian of a child younger than 18 years of age:

  1. The number of those students;
  2. Demographic data, including age, race, sex, and ethnicity;
  3. Academic data, including full-time or part-time enrollment status and graduation, transfer, and withdrawal rates; and
  4. Other data as prescribed by coordinating board rule.

Texas Education Code Section 51.983

If an institution of higher education provides early registration for courses or programs at the institution for any group of students, the institution shall provide early registration for those courses or programs for parenting students in the same manner.

Pregnant and Parenting Students FAQs

What Are My Rights As a Pregnant and/or Parenting Student?

Students who are pregnant, experiencing a pregnancy-related condition(s), and/or parenting have the right to:

  1. Not be told to drop out or change their educational plans.
  2. Be excused from class due to pregnancy-related appointments.
  3. Not be harassed due to their pregnancy, pregnancy-related condition(s), and/or parenting status.

Additionally, pregnant and parenting statuses apply to both partners, regardless of sex or gender identity; therefore, the non-birthing partner is also protected by both state and federal laws..

Who Is TJC’s Officer for Pregnant and Parenting Students?

In accordance with the Texas Education Code Section 51.9357, the following person is designated as TJC’s liaison officer for pregnant and parenting students:

Liaison Officers for Pregnant and Parenting Students

For Pregnancy Accommodations & Inquiries contact:

  • Brittany Tate
    Employee Relations & Title IX
    Human Resources
    903-510-3155

What Should I Do If I Need to Miss Classes or Cannot Meet Assignment Deadlines?

Any absences due to pregnancy or a pregnancy-related condition(s) must be considered medically necessary and excused. Additionally, any absences for parenting students who need to take their children to doctors’ appointments or take care of their sick children must be excused. If you think you will need to take an excused absence(s) due to your pregnancy, pregnancy-related condition(s), and/or parenting status, you should Contact the Liaison Officer listed above.

How Do I Request Modifications Due to Pregnancy or Parenting?

TJC must provide modifications to a student who is pregnant, experiencing a pregnancy-related condition(s), and/or parenting if the student requests them and they are reasonably available. TJC will provide reasonable modifications to a pregnant student, including modifications 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 allowing the student to maintain a safe distance from substances, areas, and activities known to be hazardous to pregnant women or unborn children.

TJC will, 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; 
  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; and
  4. Provide the student with access to instructional materials and video recordings of lectures for classes for which the student has an excused absence to the same extent that instructional materials and video recordings of lectures are made available to any other student with an excused absence.

TJC will 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.

The Dean of Students works with pregnant and parenting students to provide reasonable modifications on a case-by-case basis. Students who need to request reasonable modifications due to pregnancy, a pregnancy-related condition(s), and/or parenting should contact the Dean of Students.

How Can Pregnant and Parenting Students Register Early?

Students who are pregnant and/or parenting (i.e., the parent or legal guardian of a child under 18 years of age) are eligible to register on the first day of priority registration. We identify these students through information submitted on the special populations survey.

I Am a Faculty or Staff Member Who Has Been Notified a Student Is Pregnant or Parenting. What Should I Do?

If a student has informed you that they are pregnant, experiencing a pregnancy-related condition(s), and/or parenting, please notify TJC’s liaison officer for pregnant and parenting students by sending an email to tnannen@tjc.edu.

Are There Lactation Spaces On Campus?

Yes, TJC is required to provide a lactation space, which must be a space other than a bathroom that is clean, shielded from view, free from intrusion by others, and may be used by a student for expressing breast milk or breastfeeding as needed.  A lactation space is provided at the Roger’s Nursing & Health Sciences on the second floor.

What Childcare Options Are Available?

There are many childcare facilities in the local community. The Texas Department of Family and Protective Services (DFPS) maintains a database parents can use to search for licensed childcare facilities.

To access and search the DFPS childcare database, click here.

What Campus and Community Resources Are Available for Pregnant and Parenting Students?

There are resources on campus and in the local community from which pregnant and parenting students may seek support. Some of these resources are linked below:

TJC Services
Counseling Services
Financial Aid
Veteran and Military Services
Community Resources

What Should I Do If I Think I have Been Discriminated Against Because I am Pregnant or Parenting?

If you believe you have been discriminated against because you are pregnant, experiencing a pregnancy-related condition(s), and/or parenting, you can submit the Title IX Formal Complaint Form, contact the liaison officer for pregnant and parenting students listed above.

To learn more about reporting prohibited conduct, click here. 

Information on TJC’s Title IX investigation and resolution procedures is located here.

Accommodating Pregnant Students Policy & Request Form

Pregnancy/Parenting Supportive Measures Request Form

Accommodating Pregnant Students 

Under the Department of Education’s (DOE) regulations implementing Title IX of the Education Amendments of 1972, a college or university “shall not discriminate against any student, or exclude any student from its education program or activity, including any class or extracurricular activity, on the basis of such student’s pregnancy, childbirth, false pregnancy, and termination of pregnancy or recovery therefrom.” This directive has been highlighted recently in a Dear Colleague Letter from the DOE’s Office of Civil Rights (OCR), and a 30 page “pamphlet” from DOE entitled “Supporting the Academic Success of Pregnant and Parenting Students.” 

A college must excuse a student’s absences because of pregnancy or childbirth for as long as the student’s doctor deems the absence medically necessary. According to these materials, not discriminating against a pregnant student means granting her leave “for so long a period of time as is deemed medically necessary by the student’s physician,” and then effectively reinstating the student “to the status which she held when the leave began.” For instance, if a faculty member adjusts grades based on class attendance, the pregnant student cannot be penalized for her excused absences and must be given the opportunity to earn back the credit from classes missed due to pregnancy. 

This generally means that pregnant students should be treated as if they had a temporary disability, given excused absences, and then given an opportunity to make up missed work wherever possible. Extended deadlines, makeup assignments, and incomplete grades that can be completed at a later date, should all be employed. To the extent possible, pregnant students should be placed in the same position of academic progress that they were in when they took leave. 

The plausibility of doing so is not governed by an individual faculty member’s class rules or policies, but by the nature of the work. Whenever the class work is of a type that it can be completed at a later date—such as papers, quizzes, tests, and even presentations—that option must be made available to the student. 

In situations where the temporal particularities of the task do not allow for a “break,” such as clinical rotations, large performances, and some lab or group work, the institution should work with the student to devise an alternative path to completion. 

Faculty cannot have their own policies regarding attendance and make-up work as to pregnant students, as Title IX requires compliance institution-wide. A student has the following options in completing their coursework after returning from leave deemed necessary by her physician. 

  • Retake the class at the next available offering at the student’s expense. (Students should be aware that class offerings vary by program and may not be available at regular intervals.) 
  • Take the course online. 
  • Receive an incomplete and extend the course until 30 days into the next long semester. The 30-day timeframe may need to be shortened or lengthened depending upon the length of the time missed due to medical necessity, and what is reasonable under the circumstances. (Professors should work with students to establish timelines, be available to meet and answer questions, and plan for any hands on or face to face course requirements.) 

The Title IX Coordinator should be contacted and consulted when an accommodation request from a pregnant and/or parenting student is received. The Title IX Coordinator should oversee the process of receiving and reviewing necessary medical documentation and determining if and what accommodations are necessary. 

Liaison Officers for Pregnant and Parenting Students

For Pregnancy Accommodations & Inquiries contact:

  • Brittany Tate
    Employee Relations & Title IX
    Human Resources
    903-510-3155

For Parenting Student Accommodations & Inquiries contact:

  • Dean of Students
    Rogers Student Center,Room 30
    903-510-3324

Title IX Resources

To view Title IX resources provided by TJC, the State of Texas, and the federal government, click here.