1.This Act may be cited as the
Pregnant and Parenting Students Access
to Education Act of 2010
.
2.
(a)The Congress finds the following:
(1)There are
approximately 750,000 teen pregnancies and 400,000 teen births annually in the
United States.
(2)Overall, nearly 3
in 10 girls in the United States will become pregnant at least once by age 20,
and teen pregnancy rates are now on the rise after 14 straight years of
decline.
(3)A sexually active teen who does not use
contraceptives has a 90 percent chance of becoming pregnant within a
year.
(4)The teen pregnancy
and birth rates in the United States are higher than in any other Western
industrialized country.
(5)Some States
currently collect data about the pregnancy and parenting status of secondary
school students, but most do not, and there is no nationwide data collection on
this important dimension of the student population.
(6)Many pregnant and
parenting students face significant barriers in enrolling, attending, and
succeeding in school, including—
(A)outright
discrimination in violation of title IX of the Education Amendments of
1972;
(B)stigmatization and
being made to feel unwelcome at school by administrators, teachers, and peer
students;
(C)failure of States,
local educational agencies, or schools to excuse students for prenatal and
postnatal health care appointments and recovery;
(D)difficulty
maintaining academic progress while out of school leading up to or following
the birth of a child;
(E)juggling school
work with parenting responsibilities;
(F)lack of access to
affordable quality child care and transportation to and from the child care
arrangement and school, which can, as a practical matter, make it virtually
impossible for a parenting student to attend school regularly; and
(G)stereotypes that future opportunities for
postsecondary education or careers are limited for pregnant and parenting
students, which can diminish students’ motivation to stay engaged in
school.
(7)Overall, about 51 percent of teenaged
mothers have a high school diploma by age 22 compared to 89 percent of women
who didn’t have a teenaged birth. Young teenaged mothers are even less likely
to graduate from high school. Fewer than four in ten (38 percent) mothers who
have a child before they turn 18 have a high school diploma by age 22.
(8)Only 2 percent of
all teenagers who have a baby before age 18 ever graduate from college.
(9)Even if students
manage to stay in school while parenting one child, their risks of dropout are
substantially increased if they have a second or subsequent pregnancy.
(10)Studies of
females and males who dropped out of high school indicate that becoming a
parent played a role in their discontinuation of school, and in many cases it
played a major role.
(11)Since teen pregnancy and parenting are
significant risk factors for dropout, teen pregnancy prevention can go a long
way toward improving high school graduation rates.
(12)Females who do
not earn a high school diploma are especially likely to face severe economic
consequences—to be unemployed, to earn very low wages, and to have to rely on
public support programs—that significantly affect not only individual students
and their families, but also our national economy as a whole.
(13)Studies of
students who left school to care for a family member or because they became a
parent demonstrate that they would have worked harder to complete their
secondary education if schools’ expectations of them had been higher and if
they had been provided the necessary support.
(14)Title IX of the
Education Amendments of 1972 (20 U.S.C. 1681 et seq.) prohibits educational
institutions that receive Federal funding from discriminating against pregnant
and parenting students, and its implementing regulations detail schools’
obligations to ensure that pregnant and parenting students have access to equal
educational opportunities.
(15)Some local
educational agencies are making active efforts to engage and re-engage pregnant
and parenting youth in secondary education by implementing voluntary programs
that provide or arrange academic and support services for them, including
individualized graduation plans, flexible scheduling, homebound instruction for
extended absences, school-based child care, transportation assistance, health
and social service referrals, and parent education courses.
(16)Federal financial
assistance to local educational agencies to start or expand voluntary student
academic and support service programs and initiatives for pregnant and
parenting students is imperative to helping these students prepare for careers
and post-secondary education opportunities, and care for their children without
need for long-term public assistance.
(b)The
purposes of this Act are—
(1)to ensure that
each pregnant and parenting student has equal access to the same free,
appropriate, high-quality public education that is provided to other
students;
(2)to improve high
school graduation rates, career-readiness, access to postsecondary educational
opportunities, and outcomes for pregnant and parenting students and their
children; and
(3)to assist each State and local educational
agency in improving its graduation rates and fulfilling its responsibilities
under title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et seq.)
with respect to pregnant and parenting students.
3.Grants for State
and local activities for the education of pregnant and parenting
students
(a)The Secretary of Education is authorized to make grants
to States to carry out the activities described in subsection (e). A grant made
under this section shall be for a minimum of three years, and the Secretary
shall have the discretion to renew the grant at the end of the grant
period.
(b)A State desiring to receive a grant under
this section shall submit an application to the Secretary at such time, in such
manner, and containing such information as the Secretary may reasonably
require, including, at a minimum, the State plan described in subsection
(f).
(c)
(1)Reservation of
funds for national activitiesFrom the funds made available to
carry out this Act, the Secretary may reserve not more than 5 percent for
national activities.
(2)Allotment to the
Secretary of the InteriorThe
amount allocated for payments under this Act to the Secretary of the Interior
for any fiscal year shall be, as determined pursuant to criteria established by
the Secretary, the amount necessary to meet the needs of—
(A)Indian children on
reservations served by secondary schools for Indian children operated or
supported by the Department of the Interior; and
(B)out-of-State
Indian children in elementary schools and secondary schools in local
educational agencies under special contracts with the Department of the
Interior.
(3)The Secretary shall
allocate to States having approved applications the funds remaining after the
application of paragraphs (1) and (2) based on the percentage of the State’s
number of teenaged pregnancies compared to the number of teenaged pregnancies
nationally, except that the minimum grant for a State shall be $300,000.
(4)Grant funds provided under paragraph (3) shall be used
only to supplement the funds that would, in the absence of such Federal funds,
be made available from non-Federal sources for the education of pupils
participating in programs assisted under this Act, and not to supplant such
funds.
(d)
(1)Funds made available to a State under this Act shall be
used for the following:
(A)To provide or enhance educational programs
and related services that enable pregnant and parenting students to enroll in,
attend, and succeed in school, and that are culturally and linguistically
competent.
(B)To designate a
Coordinator for Education of Pregnant and Parenting Students in the State
educational agency to direct and manage the State educational agency’s
activities related to this Act, in collaboration with the State’s designated
employee responsible for the State’s efforts to comply with and carry out, to
the fullest extent, its responsibilities under title IX of the Education
Amendments of 1972 (20 U.S.C. 1681 et seq.).
(C)To prepare and
carry out a State plan described in subsection (f).
(D)To develop and
implement high-quality professional development programs for local educational
agencies and school personnel.
(E)To direct grants to rural and other local
educational agencies without capacity to prepare an application for
funds.
(F)To ensure that information about the
program is disseminated to all local educational agencies and made publicly and
readily available on the State educational agency’s website, including—
(i)the
name and contact information for the individuals described in subparagraph
(B);
(ii)a
list of subgrantees; and
(iii)an
explanation of the rights of students and responsibilities of schools under
title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et seq.),
including investigation and complaint procedures as required under subsection
(a) and (b) of section 106.8 of title 34, Code of Federal Regulations (as in
effect on the date of the enactment of this Act).
(2)Reservation for
State-level activitiesFrom the funds made available to a State
under this Act, a State may reserve not more than 10 percent for State-level
activities.
(3)The
State shall distribute at least 90 percent of each State grant as subgrants to
local educational agencies in accordance with section 4.
(e)Coordinator for
Education of Pregnant and Parenting StudentsThe Coordinator for
Education of Pregnant and Parenting Students in the State educational agency
described in subsection (d)(1)(B) shall—
(1)gather information on the nature and extent
of State and local efforts to prevent teen pregnancy and the nature and extent
of barriers to educational access and success facing pregnant and parenting
students in the State, including information on reported incidents of
discrimination;
(2)develop and carry
out the State plan described in subsection (f);
(3)collect and report information to the
Secretary of Education, such as that which is listed in subparagraphs (A)
through (C) of section 6(a)(6);
(4)facilitate the coordination of services
with the State agencies responsible for administering programs affecting
children, youth, and families (including for the purposes of maximizing the
leveraging of resources from such agencies), including—
(A)Temporary
Assistance for Needy Families;
(B)Medicaid;
(C)Children’s Health
Insurance Program;
(D)pregnancy
prevention, family planning, and maternal and child health programs;
(E)Women, Infants and
Children Food and Nutrition Service;
(F)Supplemental
Nutrition Assistance Program;
(G)child care;
(H)early childhood
education, home visitation, and child welfare programs;
(I)workforce
investment programs and postsecondary education; and
(J)housing assistance
and homeless assistance programs.
(5)coordinate and
collaborate with educators, service providers, and local educational agency
pregnant and parenting student liaisons;
(6)provide technical assistance and training
to local educational agencies, including the dissemination of best practices;
and
(7)report to the Secretary any complaints
received by the State about discrimination based on pregnancy or parenting
status and what actions were taken to address those complaints.
(f)Pursuant to subsection (d)(1)(C), each State shall submit a
plan to provide for the education of pregnant and parenting students. Such plan
shall include the following:
(1)A
description of how such students will be given the opportunity to meet the same
rigorous academic achievement and college and career-readiness standards that
all students are expected to meet.
(2)A
description of how the State will identify such students.
(3)A
description of training programs to raise awareness of school personnel
regarding the rights and educational needs of pregnant and parenting
students.
(4)A
description of procedures designed to ensure that students eligible for
Federal, State, or local food, housing, health care, or child care programs are
enrolled and able to participate in such programs.
(5)A
description of procedures designed to ensure that students eligible for
Federal, State, or local after-school programs or supplemental educational
services are enrolled in and able to participate in such programs.
(6)Strategies that
respond to the problems identified under subsection (e)(1).
(7)A demonstration that the State and its
local educational agencies have developed, reviewed, and revised policies to
remove barriers to enrollment and retention of pregnant and parenting students
in schools in the State.
(8)Assurances
that—
(A)State educational agencies and local
educational agencies will not stigmatize, discriminate against, or
involuntarily segregate students on the basis of pregnancy or parenting;
(B)local educational agencies will designate a
pregnant and parenting student liaison to communicate with the Coordinator for
Education of Pregnant and Parenting Students in the State educational agency
and oversee the provision of services at the local educational agency and
school levels; and
(C)State educational agencies and local
educational agencies will ensure that transportation is provided for students
who have an inability to pay for transportation and who—
(i)choose to attend programs for pregnant and
parenting students located outside of their school of origin; or
(ii)need transportation to and from school and
the student’s child care provider for the student and the student’s child,
respectively.
(9)Description of how the State will ensure
that local educational agencies comply with requirements of this Act.
(10)A description of technical assistance to be
provided to local educational agencies.
(g)Professional
development and public educationEach State and each local educational
agency shall include in professional development and public education materials
reference to, and shall ensure that school personnel, students, and family
members of students are aware of title IX of the Education Amendments of 1972
(20 U.S.C. 1681 et seq.) and its implementing regulations, which set forth the
Federal civil right to be free from discrimination on the basis of a student’s
pregnancy, childbirth, false pregnancy, termination of pregnancy, or recovery
therefrom. This includes the right to be free from harassment and
stigmatization on those bases, as well as the following:
(1)The right to
enroll in any school or program for which they would otherwise qualify.
(2)If enrolled into a
special program or separate school, the right to an education equal in quality
to that offered to other students in the mainstream
or
originating
school.
(3)The right to
decline to participate in a specialized program or separate school.
(4)The right to continue their education in
the school in which they were enrolled, or would have been enrolled, prior to
the student’s pregnancy, childbirth, false pregnancy, termination of pregnancy,
or recovery therefrom, including elementary or secondary schools, charter
schools, honors and magnet programs, Advanced Placement and International
Baccalaureate programs, career and technical education programs, special
education and non-public school placements, alternative options or programs,
migrant education, free and reduced lunch programs, services for English
language learners, physical education programs, after-school academic programs,
and any others for which they are otherwise qualified.
(5)The right to participate in school
activities including graduations and other ceremonies; to receive awards or
peer recognition; to participate on field trips, student clubs and councils, in
after-school activities, including cheerleading or athletics teams; and in any
other school-related programs, subject to providing a medical release if that
is required of all students who have physical or emotional conditions requiring
the attention of medical personnel and who want to continue
participating.
(6)The right to the
same benefits and services offered to students with other temporary
disabilities.
(7)The right to an
excused absence for as long as the student’s physician deems it medically
necessary, without penalty, and automatic return to the status the student held
prior to the leave of absence.
(8)The right not to
be retaliated against for raising awareness of, complaining about, or reporting
discrimination.
(h)Coordination for
support servicesLocal
educational agencies may coordinate with social services agencies, public
health agencies, youth services providers, or other community-based
organizations for the purposes of ensuring that pregnant and parenting students
have access to the academic support services they need to continue their
education; and to raise awareness among agencies about pregnant and parenting
students and their educational rights and opportunities.
(i)Pregnant and
parenting student liaisonThe
duties of a local educational agency’s pregnant and parenting student liaison
shall include—
(1)identification, by consulting with school
personnel, and by self-reports, of pregnant and parenting students in need of
services to help them stay in school and succeed;
(2)gathering information on the nature and
extent of barriers to educational access and success facing pregnant and
parenting students in the geographic area served by the local educational
agency, including information on reported incidents of discrimination;
(3)ensuring and facilitating the continued
enrollment of pregnant and parenting students in school in an academic program
that best meets the educational goals of the student and his or her
family;
(4)ensuring that the educational and related
barriers faced by pregnant and parenting students are addressed, and that any
services and referrals provided are culturally and linguistically
competent;
(5)informing pregnant and parenting students
of educational and related services extended to pregnant and parenting students
and of their right under title IX of the Education Amendments of 1972 (20
U.S.C. 1681 et seq.) to continue their education; and
(6)coordinating the provision of services in
conjunction with the Coordinator for Education of Pregnant and Parenting
Students in the State educational agency and with community organizations and
partners.
4.Local educational
agency subgrants for the education of pregnant and parenting students
(a)A State educational
agency receiving a grant under section 3 shall make competitive subgrants to
local educational agencies for the purpose of facilitating the enrollment,
attendance, and success in school of pregnant and parenting students. Services
may be provided on school grounds or at other facilities.
(b)Local
educational agencies seeking subgrants shall submit an application to the State
educational agency in time and manner required by the State. The application
shall include—
(1)an assessment of
the educational and related needs of pregnant and parenting students in the
local educational agency;
(2)a description of the local educational
agency’s plan for addressing those needs, and assurance that the specific
services and programs for which subgrants are being sought are culturally and
linguistically competent;
(3)assurance of the local educational agency’s
compliance with local educational agency requirements established in section 3;
and
(4)a description of the local educational
agency’s plan for continuing specific services and programs for which subgrants
are being sought in case of the loss of or absence of Federal
assistance.
(c)Subgrants under this section shall be
awarded on the basis of need and the strength of the application in meeting the
requirements and goals of this Act. Priority consideration shall be given to
applications from local educational agencies serving students in geographic
areas with—
(1)teen pregnancy rates that are higher than
the State average; or
(2)teen pregnancy rates below the State
average but having one or more racial or ethnic groups with teen pregnancy
rates higher than the State average.
(d)Subgrants
under this section shall be for periods not to exceed 3 years.
(e)Subgrant funds shall be expended for activities that
include—
(1)the provision of academic support services
for pregnant and parenting students, which may include, but are not limited to
academic counseling, the development of individualized graduation plans,
assistance with class scheduling, assistance with planning for and gaining
access to postsecondary educational opportunities, assistance securing tutoring
or other academic support services, tutoring, supplemental instruction,
homework assistance, or other educational services, such as homebound
instruction services to be provided during extended leaves of absence due to
pregnancy complications, childbirth, or the illness of a student’s child, to
keep the student on track to finish the student’s classes and graduate;
(2)assistance to
pregnant and parenting students in gaining access to quality, affordable child
care and early childhood education services;
(3)the provision of
transportation services or assistance so that parenting students and their
children can get to and from school and child care, respectively, and so that
pregnant students unable to walk long distances can get to school if
transportation is not already provided for that student;
(4)the provision of services and programs to
attract, engage, and retain pregnant and parenting students in school,
including informing pregnant and parenting teenagers and their family members
and caring adults of their right to continue their education, the importance of
doing so, and the consequences of not doing so;
(5)the education of
students, parents and community members about the educational rights of
pregnant and parenting students;
(6)the professional
development of school personnel regarding the challenges facing pregnant and
parenting students and their educational rights;
(7)proactive outreach
efforts to assist pregnant and parenting teenagers with excessive absences and
to re-enroll pregnant or parenting teenagers who have dropped out of school;
and
(8)the revision of school policies and
practices to remove barriers and to encourage pregnant and parenting students
to continue their education, such as revising attendance policies to allow for
students to be excused from school for—
(A)attendance at pregnancy-related medical
appointments, including expectant fathers who are students;
(B)fulfillment of the
student’s parenting responsibilities, including arranging child care, caring
for the student’s sick child or children, and attending medical appointments
for the student’s child or children; and
(C)such other
situations beyond the control of the student as determined by the board of
education in each local educational agency, or such other circumstances which
cause reasonable concern to student or the student’s parent for the safety or
health of the student, for example addressing circumstances resulting from
domestic or sexual violence.
(f)
(1)Subgrant funds may be expended for allowable activities
such as—
(A)the provision of
child care and early childhood education for the child of the parenting
student, either by providing these services directly on school grounds or by
other arrangement, such as by providing financial assistance to obtain such
services at a child care facility within a reasonable distance of the
school;
(B)the provision of case management services
to pregnant and parenting students, such as assistance with applying for and
accessing public benefits and Federal financial aid for postsecondary education
and training;
(C)the provision of, or referrals to,
pregnancy prevention, primary health care, maternal and child health, family
planning, mental health, substance abuse, housing assistance, homeless
assistance, legal aid, and other services needed by the student;
(D)the provision to student parents, and at a
student’s request, also to a non-student parent or other family members and
caring adults, of training and support in parenting skills, healthy
relationship skills, and other life skills such as goal setting, budgeting,
time management, financial literacy, networking, job interviewing, applying for
college and securing financial aid;
(E)the provision of
educational and career mentoring services and peer groups, whether during
school hours or after school;
(F)the provision of
emergency financial or in-kind assistance to a parenting student to fulfill the
basic human needs of a student and the student’s child; and
(G)efforts to create a positive school climate
for pregnant and parenting students, including addressing discrimination
against, harassment and stigmatization of pregnant and parenting
students.
(2)Medically
accurate and complete informationWith respect to information
provided under subparagraph (C), whether provided by local educational agencies
or by contract or arrangement as described in subsection (g), the information
shall be, where appropriate, medically accurate and complete. For purposes of
the preceding sentence, the term medically accurate and complete
means verified or supported by the weight of research conducted in compliance
with accepted scientific methods and—
(A)published in
peer-reviewed journals, where applicable; or
(B)comprising
information that leading professional organizations and agencies with relevant
expertise in the field recognize as accurate, objective, and complete.
(g)Activities of
nonprofit community organizationsLocal educational agencies may provide and
expend subgrant funds on required activities authorized in subsection (e) or
allowable activities authorized in subsection (f) directly or by contract or
arrangement with social services agencies, public health agencies, youth
services providers, or other nonprofit community-based organizations with
experience effectively assisting pregnant and parenting students to stay in
school by conducting the activities described in subsections (e) and
(f).
5.Conversion to
categorical program in event of failure of state regarding expenditure of
grants
(a)The Secretary shall,
from the amounts specified in subsection (b), make grants to local educational
agencies in a State described in subsection (b) for the required activities
specified in section 4(e) and the allowable activities specified in section
4(f).
(b)The amounts referred to
in subsection (a) are any amounts that would have been allocated to a State
under section 3(c)(3) that are not paid to the State as a result of—
(1)the failure of the State to submit an
application under section 3(b);
(2)the failure of the State, in the
determination of the Secretary, to prepare the application in accordance with
such section or to submit the application within a reasonable period of time;
or
(3)the State informing the Secretary that the
State does not intend to expend the full amount of such allocation.
6.
(a)The Secretary of
Education shall carry out the following activities:
(1)Review of State plans to ensure they
adequately address all of the elements listed in section 3(f) of this
Act.
(2)Provide technical
assistance to State educational agencies.
(3)Provide guidance to Federal programs and
grantees likely to have contact with pregnant and parenting students and their
family members and caring adults regarding the educational rights of pregnant
and parenting students and the State educational agencies responsibilities,
including the responsibilities under this Act.
(4)At the end of each
3-year grant period, conduct a rigorous, evidence-based, comprehensive
evaluation of the local educational agency programs funded by these grants and
their effectiveness in improving graduation rates and educational outcomes for
pregnant and parenting students. The findings of such evaluations shall be
reported to Congress.
(5)Conduct a one-time national evaluation of
pregnant and parenting student access to education program service delivery
models, directly or via contract with an independent research institution.
Identify and disseminate the findings and best practices at the State and local
levels, including models of programs that are successful at, or show promise
of, serving specific racial or ethnic groups or have been modified and tested
with specific racial or ethnic groups, and create an online best practices
clearinghouse as a resource for other State educational agencies and local
educational agencies.
(6)Annually collect and disseminate
nonpersonally identifiable data and information, in a manner protective of
student privacy, on—
(A)the number of pregnant and parenting
students enrolled in school;
(B)rates and participation of pregnant and
parenting students in mainstream or originating schools, rates and
participation of pregnant and parenting students in alternative programs and,
for each alternative program, an indication as to whether it is offered in a
mainstream school or off-site, as well as data, broken down by school or
program, on—
(i)pregnant and parenting students’
performance on academic assessments;
(ii)pregnant and parenting students’ graduation
rates, dropout rates and transfer rates;
(iii)rates of usage by pregnant and parenting
students of child care services or assistance (if offered); and
(iv)rates of usage by pregnant or parenting
students of other services offered (broken down by type of service); and
(C)such other data and information as the
Secretary determines to be necessary and relevant.
(7)Coordinate data
collection and dissemination with the agencies and entities that receive funds
under this Act and those that administer programs in accordance with this
Act.
(b)Notwithstanding
subsection (a)(6)(B), if the number of pregnant and parenting students in a
particular school or program is smaller than the N size, it shall be reported
by local educational agency, and if the number of pregnant and parenting
students under the jurisdiction of the local educational agency is smaller than
the N size, it should be reported by State.
7.Effect on Federal
and State nondiscrimination lawsNothing in this Act shall be construed to
preempt, invalidate, or limit rights, remedies, procedures, or legal standards
available to victims of discrimination or retaliation under any other Federal
law or a law of a State or political subdivision of a State, including title VI
of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.), title IX of the
Education Amendments of 1972 (20 U.S.C. 1681 et seq.), section 504 of the
Rehabilitation Act of 1973 (29 U.S.C. 794), the Americans with Disabilities Act
of 1990 (42 U.S.C. 12101 et seq.), section 1557 of the Patient Protection and
Affordable Care Act of 2010 (Public Law 111–148), or section 1979 of the
Revised Statutes (42 U.S.C. 1983). The obligations imposed by this Act are in
addition to those imposed by title IX of the Education Amendments of 1972 (20
U.S.C. 1681 et seq.), title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d
et seq.), the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et
seq.), and section 1557 of the Patient Protection and Affordable Care Act of
2010 (Public Law 111–148).
8.Authorization of
appropriationsThere are
authorized to be appropriated to carry out this Act $100,000,000 for fiscal
year 2011 and such sums as may be necessary for fiscal years 2012 through
2015.