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Pregnant and Parenting Students Educational Rights. Los Angeles Unified School District. Created by the Teen Parent Program 2005-2006. Statistics.
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Pregnant and Parenting Students Educational Rights Los Angeles Unified School District Created by the Teen Parent Program 2005-2006
Statistics • 34% of young women in the United States become pregnant at least once before they reach the age of 20 -- about 820,000 a year. 8 in 10 of these pregnancies are unintended and 81% are to unmarried teens. • About 17% of teen mothers will have a second baby within three years of having their first baby. • In California approximately 83% of the teens who gave birth in 2001 came from poor or low income families. • Teen mothers are more likely to drop out of high school than their non childbearing peers. Statistically, 70% of teen mothers drop out of high school, therefore, making pregnancy the primary reason young women do not complete their education. • Only 30% of teen mothers complete high school and only 1.5% of them earned a college degree by age 30. • Teen fathers tend to complete less of an education and earn lower wages over time due to the early focus on employment. Information gathered from the internet.
The Law Title IX of the Educational Amendment of 1972 states, “No person…shall, on the basis of sex, be excluded from participation in, denied the benefits of, or be subjected to discrimination under any educational program or activity receiving federal financial assistance.” “No student or applicant for enrollment will be subject to discrimination on the basis of that student’s pregnancy, childbirth, false pregnancy, termination of pregnancy and/or recovery there from.”
Student Rights • When school staff become aware of a student’s pregnancy or impending fatherhood, he/she should inform the student of his/her educational rights and available program services. • Pregnant or parenting students have the right to enroll in any school or program for which they would otherwise qualify at any stage of the pregnancy. • Pregnant or parenting students have the right to remain in their regular or current school program, and any other program for which they would otherwise qualify, including: • elementary or secondary schools • honors and magnet programs • special education and non-public school placements • alternative/options programs • migrant education • free and reduced lunch programs • services for English Learners
Student Rights (continued)… • Pregnant or parenting students have the right to participate in the following: graduation, awards, ceremonies, homecoming, prom, field trips, student clubs, councils, after-school activities, and any other school-related programs. • Pregnant or parenting students cannot legally be expelled, suspended, or otherwise excluded from, or required to participate in school programs solely on the basis of their pregnancy-related condition, marital or parental status. • Pregnant or parenting students have the right to attend school in an environment free of discrimination and harassment.
Student Rights (continued)… • Schools must treat pregnancy and related conditions as they treat any other medical condition. Schools shall make reasonable adjustments to facilitate the equal access and full participation of pregnant and parenting students. These adjustments may include: • Additional bathroom breaks • Increased time for passing between classes, nutrition, and lunch • School-based Independent Study • Flexible scheduling • Use of elevators • Time to breastfeed/lactate • Track changes to minimize absences due to childbirth and recovery • Track changes to permit use of school based childcare • Classes in more accessible locations
Student Rights (continued)… • Pregnant or parenting students are entitled to participate in physical education and school sports on the same basis as any other student. • When students cannot meet the requirements of the regular physical education curriculum, schools must provide students with an alternative or modified physical education curriculum.
Confidentiality Pregnant and parenting students have the right to have their health and personal information kept confidential. • Information regarding their pregnancy or parental status should notappear in their cumulative or health record • This information cannot be used when being considered for educational or job opportunities, awards or scholarships. • Confidentiality must be kept by licensed school personnel such as a school nurse, social worker, psychologist, or licensed counselor. • School staff shall not discuss a student’s confidential information or communications without the student’s permission. Possible exceptions include a reasonable suspicion of child abuse or a clear and present danger to the health or safety of the student. School staff are mandated reporters and therefore, are required to make a report to the Department of Children and Family Services in the situations denoted above. • This child abuse reporting responsibility does not include notifying the student’s parents or guardian of a pregnancy or related condition.
Mandatory Reporting Requirements Consensual sexual acts or “lewd and lascivious conduct” involving a minor, where a reasonable suspicion of “abuse” does not exist, must be reported in the following circumstances: • The minor is under 14 years of age and the partner is 14 years or over; or • The minor,14 or 15 years of age and the adult, 10 years or older, are engaged in “lewd and lascivious conduct”; or • The minor is under 16 years of age, and the adult, 21 years or older, are engaged in consensual sexual intercourse. A minor’s pregnancy in and of itself does not constitute child abuse. One must consider the age of the minor at the time of conception and the circumstances under which conception occurred (e.g. physical abuse, duress, statutory sexual abuse).
Medical Consent • All youth have the right to consent to medical care which is related to pregnancy, pregnancy prevention, including contraceptive services, and other reproductive health services including pregnancy termination without the knowledge or consent of their parent or guardian. • Written verification regarding confidential medical services should not be included in the student’s cumulative record and shall be kept in a separate confidential file. NOTE: A recent change in federal law allows parents to access all documents related to their child’s absences. Medical notes verifying confidential medical services may now be included as part of a pupil’s record and therefore, may be accessed by the parent or guardian.
Medical Consent (continued)… • The Education Code and District policy state that school authorities may excuse any pupil from school for the purpose of obtaining confidential medical services without the knowledge or consent of a parent or guardian. • Schools may not require that a student obtain prior written parental permission in order to release the student for confidential medical services. In addition, school personnel may not notify a parent when the student leaves the campus to obtain such services.
Pregnancy-Related Services Pregnancy Prevention Prenatal Care Labor and Delivery Contraception Abortion *No age limit denoted Treatment for STDs Rape Diagnosis/Treatment Substance Abuse Treatment HIV Testing Outpatient Mental Health Services (certain requirements) *Applicable to students 12 and over Confidential Medical Services
Attendance Information Pregnant and parenting teens are subject to the same compulsory education laws as any other student. Excused absences may include: • medical appointments • verified illnesses or injury • court appearances • medical exclusions – such as immunizations, lice, etc. • funerals • When a student is the custodial parent the school may excuse absences related to the dependent child, such as illness or medical appointments. Students with excused absences are allowed to complete all assignments and tests and shall be given full credit upon satisfactory completion. There is no limit on the number of excused absences.
Extended Absences/Leaves • A leave of absence may be taken for as long as deemed medically necessary. • Students cannot be checked out or dropped due to medically documented absences. Schools must follow the protocols outlined in Bulletin 1292, Attendance Policy and Procedures for Elementary and Secondary Students. • Schools should provide Independent Study opportunities for those students who are or will be absent for extended periods of time. • Documentation may be required for verification of pregnancy, medically related conditions, childbirth and recovery if it is required for school readmission in other instances. • Students are able to return to school with the same status as prior to the absence. LAUSD policy follows the mandates of Title IX and the Education Code and supersedes school-based policies regarding attendance and making up work.
Referrals to Berenece Carlson Home/ Hospital School Program Pregnancy, in and of itself, will not warrant home schooling. However…these service may be utilized for pregnancy or postpartum conditions which are complicated by a serious, disabling illness and, therefore, prevents a student from attending school or independent study. Referrals are made by a school nurse and require a physician’s verification. All options should be fully explored in order to ensure that the student’s academic needs are being met and his/her rights are not being violated.
These sites may offer: a smaller campus a shortened day child development classes nutrition & health education childbirth education parenting education a full-time rotating nurse food service transportation assistance Pregnant Minor School Sites Enrollment at one of the District’s Pregnant Minor sites must be voluntary on the part of the student. Pregnant and parenting teens have the right to remain at their comprehensive school site. The District maintains two pregnant minor sites: Riley High School and McAlister High School.
Enrollment at Pregnant Minor Sites Pregnant minor school sites are primarily designed for secondary students. Elementary students may be enrolled on a case by case basis. A transfers to one of these sites must be completely voluntary on the part of the minor and in agreement with her parent/guardian. In addition to standard enrollment protocols, the student is required to provide a written confirmation of the pregnancy from a licensed health care provider. Schools must extend a reasonable effort in assisting a student to complete the transfer in a timely manner. This may include referring the student to the site based PSA counselor. Discussion should also include a plan for the students return to the comprehensive secondary program.
Infant Centers Four infant center sites are located throughout the District. These childcare programs are first made available to those students who are attending these particular schools. Additional spaces are then open to those students attending other schools within the area. Spaces are available to the children of teen mothers and/or teen fathers.
Alternative Educational Options Childcare continues to be an utmost concern for the teen parent population. Lack of care gravely impacts a student’s ability to continue his/her education. Financial obligations also make school less of a priority. Many teens discover that they must work in order to provide for themselves and their child. Programs such as the Alternative Educational and Work Center (AEWC), Educational Options Unit, or Community Adult Schools serve as alternative educational placement. These programs should be explored to determine their appropriateness in meeting the academic needs of the pregnant or parenting teen who is unable to return to school full-time. These programs offer flexibility through independent study programs and alternative class times.
Transfer Information Educational needs should be carefully considered prior to transferring a student. Any transfer requires diligence to ensure credits are not lost in the process. Students need to be informed that the pregnant minor schools may not offer specialized classes such as advanced placement, honors, or college preparatory classes. Other alternatives, or a combination of school placements, should be considered. Students must be informed of their right to transfer back to their school or program of origin. Students may participate in graduation and receive a diploma from their home school or from an alternative school placement once appropriate credits have been completed.
The Teen Parent Program Our current LAUSD Teen Parent Program consists of two Pupil Services and Attendance (PSA) Counselors that service the 3 Riley High School and the 4 McAlister High School sites. We also have a PSA Counselor serving the 4 infant centers throughout the district. A PSA Counselor and a School Nurse are also based in our office to assist school and community personnel to address the needs of pregnant and parenting students district-wide. Our office provides resource information, community outreach services and advocacy on behalf of pregnant and parenting students. Training on the rights of this student population is a frequent and necessary component.
Contact Information Teen Parent Program 644 West 17th Street, Building C Los Angeles, California 90015 (213) 763-7430 – Unit Phone (213) 763-8393 – Unit Fax Melissa Schoonmaker, L.C.S.W.-Pupil Services & Attendance Coordinator Sonia Avalos, PSA Counselor- Early Childhood Education Infant Centers Jaime Corral, PSA Counselor - McAlister High School Rosemary Couch, PSA Counselor - Riley High School Sharon Schmid, School Nurse Wendy Tamaki Ogata, PSA Counselor