Add Title 7 Art 129-C §§6450 - 6450-c, amd §§355 & 6306, Ed L
Establishes protections for the rights of pregnant and parenting students in schools; requires schools to establish liaison officers for such students and to disseminate information relating to resources available to such students.
STATE OF NEW YORK
________________________________________________________________________
5444
2025-2026 Regular Sessions
IN SENATE
February 21, 2025
___________
Introduced by Sen. PERSAUD -- read twice and ordered printed, and when
printed to be committed to the Committee on Education
AN ACT to amend the education law, in relation protecting rights of
pregnant and parenting students in schools and education
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Short title. This act shall be known and may be cited as
2 the "protecting rights of pregnant and parenting students in schools and
3 education act".
4 § 2. Title 7 of the education law is amended by adding a new article
5 129-C to read as follows:
6 ARTICLE 129-C
7 PROTECTIONS FOR PREGNANT AND PARENTING STUDENTS
8 Section 6450. Definitions.
9 6450-a. Rights and protections.
10 6450-b. Designation of liaison officer.
11 6450-c. Dissemination of information.
12 § 6450. Definitions. As used in this article, the following terms
13 shall have the following meanings:
14 1. "Institution" shall mean any college or university chartered by the
15 regents or incorporated by special act of the legislature that maintains
16 a campus in New York.
17 2. "Parenting student" shall have the same meaning as "familial
18 status" as defined in subdivision twenty-six of section two hundred
19 ninety-two of the executive law.
20 3. "Pregnancy-related condition" shall have the same meaning as
21 defined in subdivision twenty-one-f of section two hundred ninety-two of
22 the executive law.
23 4. "Reasonable accommodation" shall mean actions taken which permit a
24 student, prospective student, parenting student or student with a preg-
25 nancy-related condition, to perform in a reasonable manner the activ-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD09767-01-5
S. 5444 2
1 ities involved in obtaining a degree from an educational institution or
2 participating in student life and include, but are not limited to,
3 provision of an accessible learning environment, acquisition or modifi-
4 cation of equipment, support services for pregnant students or students
5 with a pregnancy-related condition, and modified learning or testing
6 schedule; provided, however, that such actions do not impose an undue
7 hardship on the institution from which such actions are requested.
8 § 6450-a. Rights and protections. 1. An institution may not, solely
9 because of a student's status as a pregnant or parenting student or due
10 to issues related to a pregnancy-related condition, do or require a
11 student to do any of the following:
12 a. Take leave of absence or withdraw from the student's degree or
13 certificate program;
14 b. Limit the student's studies;
15 c. Participate in an alternative program;
16 d. Change the student's major, degree, or certificate program;
17 e. Terminate or reduce athletic, merit, or needs-based scholarships;
18 or
19 f. Refrain from joining or cease participating in any course, activ-
20 ity, or program at the institution.
21 2. An institution shall not:
22 a. Demand or require any student to:
23 (i) Undergo tests for pregnancy; or
24 (ii) Disclose the results of tests for pregnancy or pregnancy-related
25 conditions;
26 b. Demand or require any student's healthcare provider to:
27 (i) Disclose the results of tests related to pregnancy or pregnancy-
28 related conditions; or
29 (ii) Disclose the status or condition of any student in regard to
30 pregnancy-related conditions; or
31 c. Exclude a student from classes, a school program, or school activ-
32 ity for exercising the rights under this subdivision. Provided, howev-
33 er, that this subdivision shall not preclude staff from offering to
34 support students who wish to seek appropriate medical and support
35 services and providing referrals to such services.
36 3. An institution of higher education shall provide reasonable accom-
37 modations to a pregnant student, including accommodations that:
38 a. Would be provided to a student with a temporary medical condition;
39 or
40 b. Are related to the health and safety of the student and the
41 student's child, such as allowing the student to maintain a safe
42 distance from substances, areas, and activities known to be hazardous to
43 pregnant persons or unborn children.
44 4. An institution of higher education shall, for reasons related to a
45 student's pregnancy, childbirth, or any resulting medical status or
46 condition:
47 a. Excuse the student's absence;
48 b. Allow the student to make up missed assignments or assessments;
49 c. Allow the student additional time to complete assignments in the
50 same manner as the institution allows for a student with a temporary
51 medical condition;
52 d. Provide the student with access to instructional materials and
53 video recordings of lectures for classes for which the student has an
54 excused absence under this subdivision to the same extent that instruc-
55 tional materials and video recordings of lectures are made available to
56 any other student with an excused absence; and
S. 5444 3
1 e. Provide a lactation space to parenting students needing to express
2 breast milk.
3 5. Each institution shall adopt a policy for students on pregnancy and
4 parenting discrimination. The policy shall:
5 a. Include the contact information for the employee or office of the
6 institution that is the designated point of contact for a student
7 requesting each protection or accommodation pursuant to section sixty-
8 four hundred fifty-b of this article as well as the Title IX Coordina-
9 tor;
10 b. Be posted in an easily accessible, straightforward format on the
11 institution's website; and
12 c. Be made available annually to faculty, staff, and employees of the
13 institution.
14 6. If an institution of higher education provides early registration
15 for courses or programs at the institution for any group of students,
16 the institution shall provide early registration for those courses or
17 programs for parenting students in the same manner.
18 § 6450-b. Designation of liaison officer. 1. Each institution shall
19 designate at least one employee of the institution to act as a liaison
20 officer for current or incoming students at the institution who are
21 pregnant or parenting.
22 2. The liaison officer shall provide information to students regarding
23 support services and other resources available to students at the insti-
24 tution, including:
25 a. Resources to access, including:
26 (i) Medical and behavioral health coverage and services; and
27 (ii) Public benefit programs, including programs related to food secu-
28 rity, affordable housing, and housing subsidies;
29 b. Parenting and child care resources;
30 c. Employment assistance;
31 d. Transportation assistance;
32 e. Student academic success strategies;
33 f. Rights of pregnant and parenting students pursuant to section
34 sixty-four hundred fifty-a of this article; and
35 g. Any other resources developed by the institution to assist students
36 who are pregnant or parenting.
37 § 6450-c. Dissemination of information. 1. Each institution shall
38 disseminate the information required pursuant to subdivision two of this
39 section in the manner provided in subdivision three of this section to
40 prospective and enrolled students, including those attending or planning
41 to attend less than full time.
42 2. The information to be disseminated pursuant to this section shall
43 include but not be limited to:
44 a. Information on the resources available to pregnant or parenting
45 students, including the resources listed in subdivision two of section
46 sixty-four hundred fifty-b of this article;
47 b. Information on how to contact the liaison officer required pursuant
48 to section sixty-four hundred fifty-b of this article;
49 c. Information on how to file a complaint with the federal department
50 of education, if a student believes there was a violation by the insti-
51 tution of title IX of the Education Amendments of 1972 (20 U.S.C. 1681
52 et seq.) on account of such student's determination to carry a pregnancy
53 to term; and
54 d. Information on how to file a complaint with the department of
55 education if a student believes there was a violation by the institution
56 of this article.
S. 5444 4
1 3. Information required to be disseminated pursuant to this section
2 shall be disseminated:
3 a. In an email to each enrolled student at the start of each period of
4 study during an academic year;
5 b. In student handbooks, if any;
6 c. At each orientation for enrolled students; and
7 d. At student health or counseling centers, if any.
8 § 3. Section 355 of the education law is amended by adding a new
9 subdivision 22 to read as follows:
10 22. The state university trustees shall adopt rules as necessary to
11 administer article one hundred twenty-nine-C of this chapter. Such rules
12 shall establish minimum periods of time for which a pregnant or parent-
13 ing student must be given a leave of absence under paragraph a of subdi-
14 vision one of section sixty-four hundred fifty-a of this chapter. In
15 establishing such periods of time, the trustees shall consider the maxi-
16 mum amount of time a student may be absent without significantly inter-
17 fering with the student's ability to complete their degree or certif-
18 icate program.
19 § 4. Section 6306 of the education law is amended by adding a new
20 subdivision 12 to read as follows:
21 12. The board of trustees of each community college shall adopt rules
22 as necessary to administer article one hundred twenty-nine-C of this
23 chapter. Such rules shall establish minimum periods of time for which a
24 pregnant or parenting student must be given a leave of absence under
25 paragraph a of subdivision one of section sixty-four hundred fifty-a of
26 this chapter. In establishing such periods of time, the board shall
27 consider the maximum amount of time a student may be absent without
28 significantly interfering with the student's ability to complete the
29 student's degree or certificate program.
30 § 5. This act shall take effect on the one hundred eightieth day after
31 it shall have become a law.
