Bill Text: TX SB412 | 2023-2024 | 88th Legislature | Enrolled
Bill Title: Relating to protections for pregnant and parenting students enrolled in public institutions of higher education.
Spectrum: Moderate Partisan Bill (Republican 25-8)
Status: (Passed) 2023-05-19 - Effective on 9/1/23 [SB412 Detail]
Download: Texas-2023-SB412-Enrolled.html
| S.B. No. 412 | ||
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| relating to protections for pregnant and parenting students | ||
| enrolled in public institutions of higher education. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Subchapter Z, Chapter 51, Education Code, is | ||
| amended by adding Section 51.982 to read as follows: | ||
| Sec. 51.982. PROTECTIONS FOR PREGNANT AND PARENTING | ||
| STUDENTS. (a) In this section: | ||
| (1) "Institution of higher education" has the meaning | ||
| assigned by Section 61.003. | ||
| (2) "Parenting student" means a student who is the | ||
| parent or legal guardian of a child under 18 years of age. | ||
| (b) An institution of higher education may not require a | ||
| pregnant or parenting student, solely because of the student's | ||
| status as a pregnant or parenting student or due to issues related | ||
| to the student's pregnancy or parenting, to: | ||
| (1) take a leave of absence or withdraw from the | ||
| student's degree or certificate program; | ||
| (2) limit the student's studies; | ||
| (3) participate in an alternative program; | ||
| (4) change the student's major, degree, or certificate | ||
| program; or | ||
| (5) refrain from joining or cease participating in any | ||
| course, activity, or program at the institution. | ||
| (c) An institution of higher education shall provide | ||
| reasonable accommodations to a pregnant student, including | ||
| accommodations that: | ||
| (1) would be provided to a student with a temporary | ||
| medical condition; or | ||
| (2) are related to the health and safety of the student | ||
| and the student's unborn child, such as allowing the student to | ||
| maintain a safe distance from substances, areas, and activities | ||
| known to be hazardous to pregnant women or unborn children. | ||
| (d) An institution of higher education shall, for reasons | ||
| related to a student's pregnancy, childbirth, or any resulting | ||
| medical status or condition: | ||
| (1) excuse the student's absence; | ||
| (2) allow the student to make up missed assignments or | ||
| assessments; | ||
| (3) allow the student additional time to complete | ||
| assignments in the same manner as the institution allows for a | ||
| student with a temporary medical condition; and | ||
| (4) provide the student with access to instructional | ||
| materials and video recordings of lectures for classes for which | ||
| the student has an excused absence under this section to the same | ||
| extent that instructional materials and video recordings of | ||
| lectures are made available to any other student with an excused | ||
| absence. | ||
| (e) An institution of higher education shall allow a | ||
| pregnant or parenting student to: | ||
| (1) take a leave of absence; and | ||
| (2) if in good academic standing at the time the | ||
| student takes a leave of absence, return to the student's degree or | ||
| certificate program in good academic standing without being | ||
| required to reapply for admission. | ||
| (f) Each institution of higher education shall adopt a | ||
| policy for students on pregnancy and parenting discrimination. The | ||
| policy must: | ||
| (1) include the contact information for the employee | ||
| or office of the institution that is the designated point of contact | ||
| for a student requesting each protection or accommodation under | ||
| this section; | ||
| (2) be posted in an easily accessible, straightforward | ||
| format on the institution's Internet website; and | ||
| (3) be made available annually to faculty, staff, and | ||
| employees of the institution. | ||
| (g) The Texas Higher Education Coordinating Board, in | ||
| consultation with institutions of higher education, shall adopt | ||
| rules as necessary to administer this section. The rules must | ||
| establish minimum periods for which a pregnant or parenting student | ||
| must be given a leave of absence under Subsection (e). In | ||
| establishing those periods, the board shall consider the maximum | ||
| amount of time a student may be absent without significantly | ||
| interfering with the student's ability to complete the student's | ||
| degree or certificate program. | ||
| SECTION 2. Not later than January 15, 2024, each public | ||
| institution of higher education shall adopt and post on the | ||
| institution's Internet website the policy on pregnancy and | ||
| parenting discrimination required under Section 51.982(f), | ||
| Education Code, as added by this Act. | ||
| SECTION 3. Section 51.982, Education Code, as added by this | ||
| Act, applies beginning with the 2024 spring semester. | ||
| SECTION 4. This Act takes effect September 1, 2023. | ||
| ______________________________ | ______________________________ | |
| President of the Senate | Speaker of the House | |
| I hereby certify that S.B. No. 412 passed the Senate on | ||
| April 6, 2023, by the following vote: Yeas 31, Nays 0. | ||
| ______________________________ | ||
| Secretary of the Senate | ||
| I hereby certify that S.B. No. 412 passed the House on | ||
| May 6, 2023, by the following vote: Yeas 133, Nays 1, | ||
| two present not voting. | ||
| ______________________________ | ||
| Chief Clerk of the House | ||
| Approved: | ||
| ______________________________ | ||
| Date | ||
| ______________________________ | ||
| Governor | ||
