Pregnancy FAQs

Schools cannot require a pregnant student to produce a doctor’s note in order to stay in school or participate in activities, unless the same requirement to obtain a doctor’s note applies to all students being treated by a doctor. That is, schools cannot treat a pregnant student differently from other students being cared for by a doctor, even when a student is in the later stages of pregnancy; schools should not presume that a pregnant student is unable to attend school or participate in school activities.

Yes. Title IX prohibits harassment of students based on sex, including harassment because of pregnancy or related conditions. Harassing conduct can take many forms, including verbal acts and name-calling, graphic and written statements, and other conduct that may be humiliating or physically threatening or harmful. Particular actions that could constitute prohibited harassment include making sexual comments or jokes about a student’s pregnancy, calling a pregnant student sexually charged names, spreading rumors about the student’s sexual activity, and making sexual propositions or gestures. Schools must take prompt and effective steps reasonably calculated to end pregnancy-related harassment, prevent its recurrence, and eliminate any hostile environment created by the harassment. The school violates Title IX if sexual harassment or other pregnancy-related harassment by employees, students, or third parties is sufficiently serious that it interferes with a student’s ability to benefit from or participate in the school’s program, and the harassment is encouraged, tolerated, not adequately addressed, or ignored by school employees.

To ensure a pregnant student’s access to its educational program, when necessary, a school must make adjustments to the regular program that are reasonable and responsive to the student’s temporary pregnancy status. For example, a school might be required to provide a larger desk, allow frequent trips to the bathroom, or permit temporary access to elevators.

Yes. Title IX prohibits a school from excluding a pregnant student from any part of its educational program, including all extracurricular activities, such as school clubs, academic societies, honors programs, or sports. A pregnant student must also be eligible to hold leadership positions in these activities.

Yes. Title IX requires a school to excuse a student’s absences due to pregnancy or related conditions, including recovery from childbirth, for as long as the student’s doctor deems the absences to be medically necessary.

When the student returns to school, the student must be reinstated to the status held when the leave began, which should include giving the student the opportunity to make up any work missed. A school may offer the student alternatives to making up missed work, such as retaking a semester, or allowing the student additional time in a program to continue at the same pace and finish at a later date, especially after longer periods of leave. The student should be allowed to choose how to make up the work.

The Pregnant Scholar Initiative is the nation’s first and only legal resource center for pregnant and parenting students. Their website offers endless resources and guidance on how to navigate pregnancy accommodations from the perspective of all parties involved.