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Pregnancy, Parenthood, and Marriage. Pages P183-185 By Gerald Card. Title and Citation. Title IX of the Education Amendments of 1972 Addresses prohibiting gender discrimination of any educational program receiving federal funds. Facts. Marital or Parental status
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Pregnancy, Parenthood, and Marriage Pages P183-185 By Gerald Card
Title and Citation • Title IX of the Education Amendments of 1972 • Addresses prohibiting gender discrimination of any educational program receiving federal funds
Facts • Marital or Parental status • Cannot apply any rule concerning a student’s actual or potential parental, family, or marital status which treats students differently on the basis of sex • Cannot discriminate against any student or exclude from an education program or activity, class or extracurricular activity on the basis of pregnancy, childbirth, false pregnancy, termination of pregnancy or recovery from unless requested voluntarily
Marital or Parental status • A certificate from a doctor can be requested for a student to continue as long as any other student with other physical or emotional conditions are required a doctor’s certificate. • Any student requesting in a separate program or activity shall be ensured that it is comparable to that offered to non pregnant students
Marital or Parental status • Pregnancy, childbirth, false pregnancy, termination of pregnancy, or recovery shall be treated the same as any other temporary disability in regards to any medical/hospital plan, service, plan or policy offered to any other student • If a school does not have a leave program a leave plan will be instituted as deemed medically necessary with reinstatement to the status held before leave began
Legal Doctrine • Pfeiffer v. Marion Center Area School District, • 917F.2d 779 (3rd Cir. 1990) • Premarital sex could be reasons for dismissal from National Honor Society-Must apply to both sexes
Legal Doctrine • Chipman v. Grant County School District • 30F. Supp. 2d 975 (KY.1998) • Compelled a school to admit 2 unmarried mothers into the National Honor Society • Pregnancy Discrimination Act • Disparate impact-policy caused an adverse effect on women who have become visibly pregnant • Disparate treatment-member of a protected class who has been treated differently