Short title

This Act may be cited as the

Pregnant Students’ Rights Act

Findings

Congress finds the following: (1)Female students enrolled at institutions of higher education and experiencing an unplanned pregnancy may face pressure that their only option is to receive an abortion or risk academic failure. (2)Almost 30 percent of all abortions in the United States are performed on women of college age, between the ages of 20 and 24, according to a 2021 report by the Centers for Disease Control and Prevention. (3)Scientific evidence and personal testimonies document that women who have abortions can be at risk of mental health issues. Studies show that after an abortion, women are 34 percent more likely to develop anxiety disorders, 37 percent more likely to develop depression, 110 percent more likely to rely on alcohol use or abuse, 115 percent more likely to develop suicidal behavior, and 220 percent more likely to take on marijuana use or abuse. As many as 60 percent of women having an abortion experience some level of emotional distress afterwards, with 30 percent being classified as severe distress. Potential complications of abortions include heavy or persistent bleeding, damage to cervix, abdominal pain or cramping, scarring of uterine lining, breast cancer, future premature births or miscarriages, infection or sepsis, placenta previa, perforation of uterus, damage to other organs, and even death. (4)A significant proportion of abortions in the United States are performed on women of college age who may be unaware of their rights to accommodation and prohibitions against discrimination due to pregnancy under title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et seq.) or deprived of information about abortion alternatives. (5)Additionally, women on college campuses may fear institutional reprisal, loss of athletic scholarship, and possible negative impact on academic opportunities during the pregnancy and after childbirth. (6)An academic disparity exists because of the lack of resources, support, and notifications available for female college students who do not wish to receive an abortion or who carry their unborn babies to term.

Notice of pregnant student rights, accommodations, and resources

Section 485 of the Higher Education Act of 1965 (20 U.S.C. 1092) is amended by adding at the end the following:

(n)

Pregnant Students’ Rights, Accommodations, and Resources

(1)

In general

Each institution of higher education participating in any program under this title shall carry out the information dissemination activities described in paragraph (3) for prospective and enrolled students (including those attending or planning to attend less than full time) regarding the information described in paragraph (2) on the rights to, and resources (including protections and accommodations) for, pregnant students to carry a baby to term and students who may become pregnant while enrolled at such institution of higher education to carry a baby to term. (2)

Information content

The information described in this paragraph is the following: (A)A list of resources on campus and in the community that exist to help a pregnant student in carrying the baby to term and caring for the baby after birth. (B)Information about the accommodations available to help a pregnant student carry the baby to term and parent the baby after birth. (C)Information on how to file a complaint with— (i)the Department of Education, if a student believes there was a violation by the institution of title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et seq.) on account of such student’s determination to carry a baby to term; and (ii)the institution, if a student believes the student has been discriminated against in violation of such title IX on account of the student’s determination to carry a baby to term. (3)

Information dissemination activities

The information dissemination activities described in this paragraph shall include— (A)an email to each enrolled student at the start of each period of study during an academic year; and (B)the provision of information— (i)in student handbooks, if any; (ii)at each orientation for enrolled students; (iii)at student health or counseling centers, if any; and (iv)on the publicly available website of the institution of higher education. (4)

Rule of construction

Nothing in this subsection shall be construed to authorize the Secretary to require the dissemination of additional information, or establish additional rights, beyond the information and rights included in this subsection.