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Pregnant and Parenting Students and Employees Policy 4023/7233

Purpose

The Eastern North Carolina School for the Deaf (ENCSD) is committed to providing a safe, inclusive, accessible, and nondiscriminatory educational and work environment for all students and employees.  This policy establishes protections and supports for students and employees who are pregnant, experiencing pregnancy-related conditions, or parenting, in accordance with federal and state law.

ENCSD recognizes its responsibilities as a residential K-12 educational institution and affirms that pregnancy and parenting status shall not be a barrier to participation in academic programs, residential life, extracurricular activities, employment opportunities, or access to services.

I. Definitions

For the purposes of this policy, the following definitions apply:

  • Pregnancy or Related Conditions: Includes pregnancy, childbirth, false pregnancy, termination of pregnancy, miscarriage, lactation, and recovery from any of these conditions.
  • Parenting Student: A student who is the parent or legal guardian of a child, including biological, adoptive, or foster children.
  • Parenting Employee: An employee who is the parent or legal guardian of a child.
  • Reasonable Modifications: Adjustments to policies, practices, schedules, academic requirements, residential expectations, or job duties that enable a pregnant or parenting student or employee to continue participation without imposing undue hardship or fundamentally altering a program or position.

 

 

II. Nondiscrimination

ENCSD shall not discriminate against any student or employee based on pregnancy, pregnancy-related conditions, or parenting status.  Discrimination, exclusion, or disparate treatment on this basis is prohibited.

III. Pregnant and Parenting Students

  1. Equal Access
    1. Pregnant and parenting students shall be allowed to continue their education and participate in all academic, residential, and extracurricular programs.
    2. Participation may not be restricted unless a licensed healthcare provider certifies that participation is medically unsafe.
  2. Reasonable Modifications

ENCSD shall provide reasonable modifications upon request, which may include:

  1. Excused absences related to pregnancy and childbirth
  2. Make-up work, alternative assignments, or adjusted deadlines
  3. Modified schedules or instructional delivery
  4. Temporary adjustments to residential expectations
  5. Access to lactation spaces that are private and accessible
  6. Medical Leave
    1. Absences due to pregnancy or related conditions shall be excused for as long as medically necessary.
    2. Students shall be reinstated to the same academic and residential status held prior to the leave.
  7. Residential Considerations
    1. ENCSD shall work collaboratively with families and appropriate agencies to address residential placements, supervision needs, and safety considerations for pregnant or parenting students.
    2. Decisions regarding residential participation shall be individualized and may not be punitive.
  8. Confidentiality
    1. Information related to pregnancy or parenting status shall be treated as confidential and shared only with personnel who have a legitimate educational interest.

IV. Pregnant and Parenting Employees

  1. Equal Employment Opportunity

ENCSD shall provide equal employment opportunities and shall not discriminate against employees due to pregnancy, childbirth, related medical conditions, or parenting status.

  1. Reasonable Accommodations

Consistent with applicable law, ENCSD shall provide reasonable accommodations, which may include:

  1. Modified duties
  2. Adjusted schedules
  3. Temporary reassignment
  4. Lactation breaks and private lactation spaces
  5. Leave
    1. Employees may access leave in accordance with applicable federal and state laws and policies, including those administered through the Office of the State Human Resources (OSHR)
    2. Pregnancy-related conditions shall be treated the same as other temporary medical conditions.
  6. Return to Work

Employes returning from pregnancy-related leave shall be reinstated in accordance with applicable law and policy.

V. Prohibited Conduct

Retaliation, harassment, or intimidation related to pregnancy or parenting status is strictly prohibited.  Any violation shall be addressed in accordance with ENCSD disciplinary procedures.

VI. Reporting and Compliance 

Concerns related to pregnancy or parenting discrimination shall be reported in accordance with ENCSD’s Title IX, nondiscrimination, or employee grievance procedures, as applicable.

VII. Training and Implementation

ENCSD shall ensure that administrators, supervisors, residential staff, and instructional personnel are informed of their responsibilities under this policy and applicable law, with particular attention to accessibility and communication needs.

Legal References

  • Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681 et seq.
  • 34 C.F.R. Part 106
  • Pregnancy Discrimination Act, 42 U.S.C. § 2000e(k)
  • Americans with Disabilities Act (ADA), 42 U.S.C. § 12101 et seq.
  • Family and Medical Leave Act (FMLA), 29 U.S.C. § 2601 et seq.
  • North Carolina General Statutes § 115C
  • North Carolina State Board of Education Policies
  • North Carolina Department of Public Instruction (NCDPI) Guidance
  • Office of State Human Resources (OSHR) Policies
  • North Carolina Department of Administration (DOA) Policies
  • Office of State Budget and Management (OSBM) Policies
Policy