Text of PA HB 994 (2023)

PRINTER'S NO. 1007 THE GENERAL ASSEMBLY OF PENNSYLVANIA HOUSE BILL No. 994 Session of 2023 INTRODUCED BY ISAACSON, FRANKEL, GIRAL, HANBIDGE, HILL-EVANS, HOHENSTEIN, MADDEN, O'MARA, SANCHEZ AND WARREN, APRIL 24, 2023 REFERRED TO COMMITTEE ON EDUCATION, APRIL 24, 2023 AN ACT Amending the act of March 10, 1949 (P.L.30, No.14), entitled "An act relating to the public school system, including certain provisions applicable as well to private and parochial schools; amending, revising, consolidating and changing the laws relating thereto," providing for married, pregnant, lactating and parenting pupils. The General Assembly of the Commonwealth of Pennsylvania hereby enacts as follows: Section 1. The act of March 10, 1949 (P.L.30, No.14), known as the Public School Code of 1949, is amended by adding an article to read: ARTICLE XIV-C MARRIED, PREGNANT, LACTATING AND PARENTING PUPILS Section 1401-C. Definitions. The following words and phrases when used in this article shall have the meanings given to them in this section unless the context clearly indicates otherwise: "School entity." A charter school, cyber charter school, regional charter school, an area career and technical school, a 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 school operated by a school district, an intermediate unit, nonpublic school, a school or school program associated with a residential placement or a program to prepare for Commonwealth Secondary School Diploma. Section 1402-C. Accommodations for lactating pupils. (a) Reasonable accommodations.--Each lactating pupil shall be entitled to reasonable accommodations provided by a school entity on a school campus to express breast milk, breastfeed a child or address other needs related to breastfeeding. Reasonable accommodations under this section include, but are not limited to, all of the following: (1) Access to a clean, private and secure room, other than a restroom, with a working electrical outlet, chair and table to express breast milk or breastfeed a child. (2) Permission to bring onto a school campus a breast pump and any other equipment used to express and store equipment and refrigerate breast milk. (3) Access to a place to store expressed breast milk safely. (b) Time.--A lactating pupil on a school campus shall be provided a reasonable amount of time for one or more intervals as needed during the school day to express breast milk or breastfeed a child. For the purpose of this subsection, a reasonable amount of time shall be based on the individual needs of the pupil and shall include a sufficient amount of time to perform all of the following: (1) Expressing breast milk or breastfeeding a child. (2) Traveling to and from the designated location for expressing breast milk or breastfeeding a child. (3) Traveling to and from the designated location for 20230HB0994PN1007 - 2 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 storing expressed breast milk. (4) Cleansing and assembling breast pump equipment. (5) Engaging in necessary personal care activities associated with breastfeeding. (c) Existing facilities.--A school entity may use an existing facility to meet the requirements specified in subsection (a). (d) Pupil protection.--A pupil shall not incur any academic or nonacademic penalty, including any restriction on participation in school-sponsored activities or extracurricular activities, as a result of the pupil's use, at any time, of the accommodations under this section and shall be provided an opportunity to make up any work missed due to that use, without academic penalty and with sufficient time to make up the work in light of the pupil's individual needs. Section 1403-C. Accommodations for pregnant and parenting pupils. (a) Reasonable accommodations.--A school entity shall provide all reasonable accommodations for pregnant and parenting pupils to stay on track to graduate by eliminating school district and school building-level policies, procedures, practices and administrative regulations that create barriers to the continued enrollment, attendance, transportation, school stability, full participation and success in school of pupils who are pregnant or caring for a child of their own. To determine the appropriate reasonable accommodations for a pupil, the school entity shall initiate an informal, student-centered interactive process with the pupil. Any proposed change in a pupil's placement or modifications to a program must be voluntary and cannot be mandated by the school entity. For the 20230HB0994PN1007 - 3 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 purpose of this subsection, reasonable accommodations shall include access to any of the following options: (1) Full-time participation in the current program with accommodations for tests and homework. (2) A part-time, in-person core curriculum identical to that offered to pupils who split time between the school entity and an area career and technical school. (3) A part-time, in-person schedule or a part-time cyber school schedule. (4) A full-time cyber school program. (5) Leave as provided in section 1405-C(b), (c) and (d). (b) Curriculum.--A school entity shall offer a parenting pupil who chooses the core curriculum offered to pupils attending an area career and technical school to enroll in the area career and technical school or return to the pupil's residence to parent the pupil's child. The core curriculum and parenting options offered under this subsection shall fulfill the pupil's graduation requirements. (c) Child-care resources.-- (1) A school entity shall appoint a liaison that will serve each pregnant and parenting pupil. The liaison shall have all of the following duties: (i) Ensuring outreach and coordination with local service agencies and other Federal, State and local public and private entities that provide services or resources for parenting pupils to obtain free or reduced- cost access to child care while continuing their education. (ii) Ensuring outreach and coordination with State and local housing agencies responsible for comprehensive 20230HB0994PN1007 - 4 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 housing affordability strategies for pregnant or parenting pupils who are experiencing homelessness as defined by 42 U.S.C. § 11434a(2)(B)(i) (relating to definitions). (2) A school entity shall provide pupils, parents and guardians with information regarding existing resources and support that may exist through Federal, State and local public and private entities for free or reduced-cost access to child care to ensure that parenting pupils can continue their education. (3) A school entity shall provide resources for pregnant or parenting pupils on the school entity's publicly accessible Internet website, in the student handbook and at locations frequented by pupils, parents and guardians within the school district, including authorized public libraries, health care facilities, day-care centers, community and civic organizations and religious institutions. (4) Pupils, caregivers and education decision makers appointed by a court of the school district shall also be given the name, phone number and email for the liaison and shall be informed within five school days if the liaison has changed. Section 1404-C. Antidiscrimination for married, pregnant, lactating and parenting pupils. No school entity may do any of the following: (1) Deny enrollment based upon a pupil's marital, pregnancy, lactating or parenting status. A pupil who is married, pregnant, lactating or a parent may enroll in any school or program for which the pupil would otherwise qualify. 20230HB0994PN1007 - 5 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 (2) Expel, suspend or otherwise exclude a pupil from, or require a pupil to participate in, a school program, school- sponsored activity or extracurricular activity solely on the basis of the pupil's marital, pregnancy, lactating or parenting status. (3) Discriminate in any manner against a pupil on the basis of the pupil's actual or potential marital, pregnancy, lactating or parenting status, including childbirth, false pregnancy, lactation, reproductive tract condition, surgery or treatment and related recovery. Section 1405-C. Attendance and absenteeism. (a) Compulsory attendance.--A pupil of compulsory school age is not excused from the requirements of compulsory attendance solely by reason of marriage, pregnancy, lactation, parenting or seeking necessary medical care for the pupil or the pupil's child. As used in this subsection, the term "compulsory school age" shall have the same meaning as defined in section 1326. (b) Leave of absence.-- A school entity shall excuse absences for reasons relating to pregnancy, lactation, childbirth, parenting or adoption and as authorized under this article. A principal or teacher in a school entity shall excuse a pupil for nonattendance upon receipt of a certification by any licensed health care practitioner or upon receipt of other satisfactory evidence showing that the pupil is prevented from attending school, or from application to study, due to any mental, physical or other reasons, including absences relating to pregnancy, lactation, childbirth , bonding with an infant and other necessary medical or reproductive care or care needed for the pupil's child, including reproductive tract conditions and surgery or treatment as provided under subsection (c). At the 20230HB0994PN1007 - 6 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 conclusion of the leave, the pupil may reenter the school and shall be reinstated to the status held when the leave began, including the status of the pupil's grades, which shall remain the same as of the date of the pupil's leave of absence. The pupil shall return to the same nonacademic and extracurricular status held before the leave of absence began and shall have the opportunity to make up for any work missed while the pupil was absent. The pupil shall not be denied the ability to participate in academic, school-sponsored or extracurricular activities due to deadlines missed due to a leave of absence should the pupil meet the other eligibility requirements. (c) Leave due to pregnancy conditions.-- (1) A pupil who is pregnant may request a leave of absence under subsection (b). (2) After childbirth or receipt of reproductive medical care related to pregnancy or childbirth, a pupil's absence from school under subsection (b) shall be permitted for a period of at least 30 or more school days from the start date of delivery or medical care for physical recovery or to recover from necessary medical care for the pupil or the pupil's child or to complete the adoption process and time permitted for the pupil to bond with the child. (3) For an absence under paragraph (1) or (2), the pupil must present documentation in accordance with this article to support the requested leave and specifying the beginning and expected end dates of the leave of absence deemed reasonable under the pupil's individual circumstances. School entities shall be flexible in accepting documentation, including communications by email, phone, text or letters documenting the need for a leave of absence. 20230HB0994PN1007 - 7 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 (4) Upon receipt of the information provided under paragraph (3), a school entity shall develop and offer an individualized parenting pupil academic plan to enable the pupil to remain engaged in and connected to school while on leave. The plan shall include all educational services that are necessary to ensure education is provided to the pupil during the leave of absence, including homebound instruction, remote learning, tutoring and provision of all special education services as required under Federal and State law. (d) Parental leave.-- (1) An absence of a pupil shall be considered excused when any of the following apply: (i) The absence is due to the illness or medical appointment of a child for whom the pupil is the custodial parent. A school entity may require verification of illness for the absence in accordance with policies applicable to all pupils. (ii) The absence is due to the cancellation by a child-care facility, person or entity who was scheduled to watch the child for whom the pupil is the custodial parent. (iii) The absence is due to the refusal of a child- care facility, person or entity to watch the child for whom the pupil is the custodial parent because the pupil is experiencing financial difficulty and unable to pay the child-care facility, person or entity. (2) An excused absence under paragraph (1)(ii) or (iii) may not exceed 15 school days. (e) Special programming and disability accommodations and leave.--A pupil who is pregnant or is a custodial parent and 20230HB0994PN1007 - 8 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 whose mental or physical condition prevents the pupil from attending regular classes shall be assigned to homebound instruction or remote learning or offered other educational programming as determined by a school entity with input from the pupil to enable the pupil to stay on track for graduation. A pupil with a disability shall receive all legally required special education services under Federal and State law during the period of homebound instruction, remote learning or other educational programming. Nothing in this article shall abridge or curtail a pupil's right to receive a free appropriate public education. The school entity shall offer homebound instruction, remote learning or other educational programming from the date the pupil is unable to attend school. A designee or point of contact at the school entity shall remain in contact with the pupil on at least a weekly basis for the duration of the pupil's leave of absence. The pupil must present documentation stating that the pupil is unable to attend school and specifying the beginning and end dates of the leave of absence deemed reasonable based on the individual needs of the pupil. School entities shall be flexible in accepting documentation, including emails, phone, text or letters documenting the need for a leave of absence. (f) Confidentiality.--Health and personal information regarding a pupil is confidential and may not appear in cumulative records or disclosed without the pupil's consent to the extent authorized by existing law. Personal health information, including pregnancy, may be revealed to the pupil's parents or guardians, the principal or other appropriate authority as permitted by law. Section 1406-C. Notification of rights and enforcement. 20230HB0994PN1007 - 9 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 (a) Notification of rights.--The Department of Education shall issue guidelines to ensure compliance with this article within one year of the effective date of this section. A school entity shall publish the rights provided in this article in the student handbook and on the school's publicly accessible Internet website. Documentation shall be provided regarding the school entity's efforts to comply with this article and make the documentation available to the department upon request. (b) Enforcement.--A school entity shall develop complaint and enforcement procedures for a pupil who claims that the school entity has not complied with the provisions of this article. The school entity's Title IX coordinator under 34 CFR 106.8(a) (relating to designation of coordinator, dissemination of policy, and adoption of grievance procedures) shall have the duty to ensure the school entity's compliance with the provisions of this article. (c) Remedies.-- (1) A person claiming a violation under this article may take any of the following actions as a sole action, concurrently or in sequence: (i) If otherwise permitted by the laws or rules of this Commonwealth, bring an action for preliminary injunctive relief in an appropriate court. Any order or relief shall be granted in accordance with Pa.R.C.P. No. 1531 (relating to special relief, injunctions). (ii) Make, sign and file with the Pennsylvania Human Relations Commission a verified complaint, in writing, in accordance with the procedures under the act of October 27, 1955 (P.L.744, No.222), known as the Pennsylvania Human Relations Act, with all appeals, enforcement 20230HB0994PN1007 - 10 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 mechanisms, judicial review and remedies, including damages and attorney fees, available under the Pennsylvania Human Relations Act. The Pennsylvania Human Relations Commission may also award actual damages, including damages caused by humiliation and embarrassment, to effectuate the purpose of this article. (2) The remedies and procedures provided in paragraph (1) shall not foreclose an individual's remedies under Federal law or other applicable laws of this Commonwealth. Section 2. This act shall take effect in 60 days. 20230HB0994PN1007 - 11 - 1 2 3 4 5 6 7 8 9 10