### OFFICE OF THE ASSISTANT SECRETARY

June 25 , 2007

Dear Colleague:

As we celebrate the 35th anniversary of *Title IX of the  Education Amendments of 1972 (Title IX), 20*U.S.C. §§ 1681 *et seq.,*I  want to remind you of the *Title IX*regulatory requirements specifically  applicable to the nondiscriminatory treatment of pregnant students, so that you  may ensure that your institution is in compliance. I am concerned over recent  media reports regarding the current or past practice of some postsecondary education  institutions to terminate scholarships of female athletes on the basis of pregnancy  and the impact that this has on female athletic participation. Some reports  also indicate that some female athletes are choosing to terminate their  pregnancy for fear of losing their athletic scholarships.

As you know, the Office for Civil Rights (OCR) in the United  States Department of Education is responsible for enforcing *Title IX*and  its implementing regulation at 34 C.F.R. Part 106, which prohibit  discrimination on the basis of sex in education programs or activities by  recipients of federal financial assistance.

Specifically, the *Title IX*regulation at 34 C.F.R. § 106.40(a) prohibits recipients from applying  “any rule concerning a student’s actual or potential parental, family or  marital status which treats students differently on the basis of sex.”  The regulation also states, in part, that:

> [a] recipient shall not  discriminate against any student, or exclude any student from its education  program or activity, including any class or extracurricular activity, on the  basis of such student’s pregnancy, childbirth, false pregnancy, termination of  pregnancy or recovery therefrom, unless the student requests voluntarily to  participate in a separate portion of the program or activity of the recipient.  34 C.F.R.§ 106.40(b)(l).

In addition, the *Title IX*regulation states that in  providing financial assistance to any of its students, a recipient shall not “apply  any rule or assist in application of any rule concerning eligibility for such  assistance which treats persons of one sex differently from persons of the  other sex with regard to marital or parental status.” *(See*34 C.F.R. § 106.37(a)(3)).

Although pregnant students may be required to obtain a  physician’s certification of fitness to continue in the regular education  program or activity, a recipient may do so only if it requires such a  certification from all students for other physical or emotional conditions  requiring the attention of a physician. (*See* 34 C.F.R. §106.40(b)(2)).  In  fact, the *Title IX*regulation  instructs recipients to treat pregnancy or childbirth in the same manner and  under the same policies as any temporary disability. (*See* 34 C.F.R. § 106.40(b)(4)).

I want to reiterate that terminating or reducing financial  assistance on the basis of pregnancy or a related condition is prohibited under *Title**IX.  *Subjecting only students of one sex to  additional or different requirements, such as requiring female athletes to sign  athletic contracts listing pregnancy as an infraction, or excluding students  from participating in a recipient’s program or activity, including  extracurricular activities and athletics, on the basis of the student's  pregnancy or a related condition is also prohibited under *Title IX.*

This letter is not intended to suggest that these or similar  practices are currently ongoing at your institution.  However, I want to ensure that institutions  are aware of the federal civil rights requirements, and I urge you to evaluate  whether your institution is in compliance.

I am committed to the vigorous enforcement of *Title IX*and to ensuring equal opportunities  in education for all students. OCR remains willing to support you in your voluntary  efforts to comply with *Title IX*.  We provide technical assistance to recipients that  request such assistance in voluntarily complying with the civil rights laws  enforced by this office. If you need additional information about *Title IX*, have questions regarding the  Department’s policies, or seek guidance, please contact the OCR enforcement  office that serves your state or territory for further assistance.  The Department's Web site at http://wdcrobcolp01.ed.gov/CFAPPS/OCR/contactus.cfm****provides the addresses and telephone numbers for those offices. 

Thank you for your prompt attention to this matter.  I look forward to continuing our work together  to ensure all students are afforded the opportunity to participate and enjoy the  benefits of this nation's education programs and activities.

Sincerely,

Stephanie J. Monroe

cc:   Athletic Director         Title  IX Coordinator

  

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