[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 870 Introduced in Senate (IS)]
113th CONGRESS
1st Session
S. 870
To authorize the Secretary of Education to make grants to promote the
education of pregnant and parenting students.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 7, 2013
Mr. Udall of New Mexico (for himself and Ms. Hirono) introduced the
following bill; which was read twice and referred to the Committee on
Health, Education, Labor, and Pensions
_______________________________________________________________________
A BILL
To authorize the Secretary of Education to make grants to promote the
education of pregnant and parenting students.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Pregnant and Parenting Students
Access to Education Act of 2013''.
SEC. 2. PURPOSES.
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.
SEC. 3. GRANTS FOR STATE AND LOCAL ACTIVITIES FOR THE EDUCATION OF
PREGNANT AND PARENTING STUDENTS.
(a) In General.--The Secretary of Education is authorized to make
grants to States to carry out the activities described in subsection
(d). A grant made under this section shall be for a minimum of 3 years,
and the Secretary shall have the discretion to renew the grant at the
end of the grant period.
(b) Application.--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) Allocation of Funds.--
(1) Reservation of funds for national activities.--From 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 interior.--The 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) Formula grants to states.--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 teen births compared to the
number of teen births nationally, except that the minimum grant
for a State shall be $300,000.
(4) Supplement not supplant.--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) Use of Funds.--
(1) In general.--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 so that such local educational
agencies may carry out the activities described in
subsections (e) and (f) of section 4.
(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 Web site, 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 activities.--From the funds
made available to a State under this Act, a State may reserve
not more than 10 percent for State-level activities.
(3) Subgrants.--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 Students.--
The 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 (G) 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) teen 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 programs;
(H) early childhood education, home visitation, and
child welfare programs;
(I) workforce investment programs and postsecondary
education;
(J) housing assistance and homeless assistance
programs;
(K) school-based health services programs; and
(L) programs carried out by federally qualified
health centers (as defined in sections 1861(aa)(4) and
1905(a)(2)(B) of the Social Security Act (42 U.S.C.
1395x(aa)(4) and 1396d(a)(2)(B))), health centers (as
defined in section 330 of the Public Health Service Act
(42 U.S.C. 254b)), and outpatient health programs and
facilities operated by tribal organizations;
(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) State Plan.--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) The policy, protocol, or procedure that each district
or State implements once a pregnancy has been discovered on
campus; including how each district ensures the student
understands his or her rights under title IX of the Education
Amendments of 1972 (20 U.S.C. 1681 et seq.).
(3) A description of how the State will identify such
students.
(4) A description of training programs to raise awareness
of school personnel regarding the rights and educational needs
of pregnant and parenting students.
(5) A description of procedures designed to ensure that
students eligible for Federal, State, or local food, housing,
health care, or child care programs are informed of their
eligibility for, assisted in enrolling in, and able to
participate in such programs.
(6) 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.
(7) Strategies that respond to the problems identified
under subsection (e)(1).
(8) 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.
(9) 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.
(10) Description of how the State will ensure that local
educational agencies comply with requirements of this Act.
(11) A description of technical assistance to be provided
to local educational agencies.
(g) Professional Development and Public Education.--Each 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 Services.--Local 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 Liaison.--The 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.
SEC. 4. LOCAL EDUCATIONAL AGENCY SUBGRANTS FOR THE EDUCATION OF
PREGNANT AND PARENTING STUDENTS.
(a) In General.--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) Application.--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) Awards.--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 birth rates that are higher than the State
average; or
(2) teen birth rates below the State average but having one
or more racial or ethnic groups with teen birth rates higher
than the State average.
(d) Duration.--Subgrants under this section shall be for periods
not to exceed 3 years.
(e) Required Activities.--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, supplemental instruction,
homework assistance, tutoring, 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;
(8) the revision of school policies and practices to remove
barriers and to encourage pregnant and parenting students to
continue their education, including--
(A) the revision of attendance policies to allow
for students to be excused from school, school
activities, after-school activities, or school-related
programs for--
(i) attendance at pregnancy-related medical
appointments, including expectant fathers who
are students;
(ii) 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
(iii) 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; and
(B) the creation and implementation of a policy
flexible enough to meet the individualized lactation
and medical needs of student mothers, including
reasonable break time from class, access to a clean,
private space and protection from retaliation for this
purpose;
(9) 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, strategies to prevent future
unplanned pregnancy, and other life skills such as goal
setting, budgeting, time management, financial literacy,
networking, job interviewing, applying for college and securing
financial aid; and
(10) the provision to pregnant and parenting students of
educational and career mentoring services and peer groups,
whether during school hours or after school.
(f) Allowable Activities.--
(1) In general.--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 services, including paternity testing, establishing
parental rights, child custody arrangements, and other
services needed by the student;
(D) 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;
(E) efforts to create a positive school climate for
pregnant and parenting students, including addressing
discrimination against, harassment and stigmatization
of pregnant and parenting students; and
(F) the provision of training practicums for
graduate students in social work to carry out the
purpose of the grant.
(2) Medically accurate and complete information.--
(A) In general.--With respect to information
provided under paragraph (1)(C) and subsection (e)(9),
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 and developmentally appropriate
for the intended audience.
(B) Definition.--For purposes of this paragraph,
the term ``medically accurate and complete'' means
verified or supported by the weight of research
conducted in compliance with accepted scientific
methods and--
(i) published in peer-reviewed journals,
where applicable; or
(ii) 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 Organizations.--Local
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).
SEC. 5. CONVERSION TO CATEGORICAL PROGRAM IN EVENT OF FAILURE OF STATE
REGARDING EXPENDITURE OF GRANTS.
(a) In General.--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) Application.--A local educational agency desiring a grant under
this section shall submit an application to the Secretary at such time
and in such manner as the Secretary may require.
(c) Specification of Funds.--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.
SEC. 6. NATIONAL ACTIVITIES.
(a) In General.--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, including
acceptance and enrollment in higher education. 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, and disaggregated by each school or
alternative program identified pursuant to subparagraph (B) and
by whether services for pregnant and parenting students are
offered in school or off-site, 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;
(C) pregnant and parenting students' performance on
academic assessments;
(D) pregnant and parenting students' graduation
rates, dropout rates and transfer rates;
(E) rates of usage by pregnant and parenting
students of child care services or assistance (if
offered);
(F) rates of usage by pregnant or parenting
students of other services offered (broken down by type
of service); and
(G) 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) Reporting Rates.--Notwithstanding subsection (a)(6)(B) through
(F), if the number of pregnant and parenting students in a particular
school or program in a State is smaller than a size determined by such
State, it shall be reported by the applicable local educational agency,
and if the number of pregnant and parenting students under the
jurisdiction of a local educational agency in a State is smaller than a
size determined by such State, it shall be reported by such State.
SEC. 7. EFFECT ON FEDERAL AND STATE NONDISCRIMINATION LAWS.
Nothing 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 (42 U.S.C. 18116), 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 (42 U.S.C. 18116).
SEC. 8. DEFINITION OF STATE.
For purposes of this Act, the term ``State'' means each of the 50
States, the District of Columbia, the Commonwealth of Puerto Rico, the
Commonwealth of the Northern Mariana Islands, American Samoa, Guam, the
United States Virgin Islands, and any other territory or possession of
the United States.
SEC. 9. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to carry out this Act such
sums as may be necessary for fiscal years 2014 through 2018.
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