Coalition Condemns District Court’s Decision to Rescind Strong Title IX Protections for Pregnant and Parenting Students
WASHINGTON, D.C. (Jan. 28) – Today, a coalition of advocacy organizations condemned a district court ruling in the Eastern District of Kentucky that rejected the Title IX rule finalized by the Biden administration that provided strong civil rights protections for pregnant and parenting students against harassment and discrimination. The Coalition for Pregnant and Parenting Students Advocacy is deeply disappointed in the decision to vacate the 2024 Title IX regulations, which is a clear attack on pregnant and parenting students’ rights.
The Biden administration’s updates to Title IX provided greater clarity on pregnant and parenting students’ rights, which have been in place since 1975, including expanding reasonable accommodations, providing lactation spaces, privacy protections, and taking steps to notify students of their rights. The decision to vacate these crucial Title IX updates undermines the success of pregnant and parenting students.
Despite the decision to vacate the 2024 rule, pregnant and parenting students still have protections under the Title IX statute and 1975 Title IX regulations. Schools cannot force students who are pregnant or have a related condition to be involuntarily segregated from their peers in an alternate program. Additionally, schools must offer accommodations to students who are pregnant or have a related condition to the extent those accommodations are also offered to temporarily disabled students.
“Pregnant and parenting students already face many barriers to completing their education, including harassment, discrimination, and lack of institutional support. Their needs are often overlooked, and conduct that violates Title IX’s guarantees has been repeatedly ignored,” said Josia Klein, counsel at the National Women’s Law Center. “Generic statements of support for parents and children are completely at odds with simultaneous pledges to target students’ civil rights protections.”
“All students deserve to access school spaces and programs free from sex discrimination—including discrimination on the basis of pregnancy or parental status, and we will continue to advocate for comprehensive protections for these students.” said Chastity Lord, President and CEO at Jeremiah Program.
“Pregnant and parenting students should not have to fight for their basic rights to education and support. The decision to vacate these vital Title IX protections is a direct attack on their ability to succeed. We will continue to demand justice and ensure these students are protected, supported, and able to thrive,” said Kristen Nicole Powell, a co-lead of Justice + Joy National Collaborative’s IMPACT (Invincible Mamas Pushing Action and Change Together) initiative
Jenna Beber, a member of the Coalition’s Student Council, added: “As a student who was both pregnant and lactating while attending school this year, I know firsthand how essential it is for student parents to receive proper accommodations. When I needed a place to pump or an excused absence for a doctor’s appointment, I relied on Title IX to protect me. It’s distressing to find out that instead of taking these important strides forward, this decision is taking a major step back.”
“As a pregnant student, I felt completely lost and overwhelmed. My pregnancy was complicated, and the stress of managing my health, academics, and future was nearly unbearable. It is possible to succeed as both a student and a parent, but only with the kind of support and protections that Title IX ensures. Removing strong Title IX protections is devastating for countless women striving for a better future for themselves and their families,” added Marium Hussein, a member of the Coalition’s Student Council.
Title IX is a floor—not a ceiling—for civil rights, and nothing prevents schools from going beyond what Title IX requires. Accordingly, schools can and should still follow the practices outlined in the 2024 rule prohibiting discrimination against pregnant and parenting students. For example, schools should offer reasonable accommodations to pregnant and parenting students even if they are not offered to temporarily disabled students, including by providing students with a lactation room that is not a restroom. Schools should limit burdensome documentation requirements for students who are pregnant or have a related condition when seeking to access accommodations, a leave of absence, an alternate program, or a lactation space.
Pregnant and parenting students deserve to have an educational experience free from stigma, discrimination, and shame, as well as the support necessary to graduate on time and thrive in their education. The updated Title IX regulations were an important step to ensure that pregnant and parenting students can succeed in higher education, enabling them to attain economic security for themselves and their families. We will continue to fight to protect the rights and freedoms of pregnant and parenting students.
The Coalition for Pregnant and Parenting Students Advocacy is a diverse group of advocates and experts dedicated to advancing civil rights protections and institutional resources for pregnant and parenting students.