I 

111TH CONGRESS 

2D SESSION H. R. 5894 

To authorize the Secretary of Education to make grants to promote the 

education of pregnant and parenting students. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 28, 2010 

Mr. POLIS of Colorado (for himself, Ms. BERKLEY, Mrs. CAPPS, Ms. CLARKE, 

Mr. CONYERS, Mr. GRIJALVA, Mr. HINOJOSA, Ms. EDDIE BERNICE

JOHNSON of Texas, Ms. MATSUI, Ms. MOORE of Wisconsin, Ms. NORTON, 

Ms. RICHARDSON, Ms. ROYBAL-ALLARD, Ms. LORETTA SANCHEZ of California, Ms. SCHAKOWSKY, Mr. SCOTT of Virginia, and Ms. WOOLSEY) introduced the following bill; which was referred to the Committee on Education and Labor 

A BILL 

To authorize the Secretary of Education to make grants 

to promote the education of pregnant and parenting students. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Pregnant and Par5 enting Students Access to Education Act of 2010’’. 

6 SEC. 2. FINDINGS AND PURPOSES. 

7 (a) FINDINGS.—The Congress finds the following: 


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1 (1) There are approximately 750,000 teen preg2 nancies and 400,000 teen births annually in the 

3 United States. 

4 (2) Overall, nearly 3 in 10 girls in the United 

5 States will become pregnant at least once by age 20, 

6 and teen pregnancy rates are now on the rise after 

7 14 straight years of decline. 

8 (3) A sexually active teen who does not use con9 traceptives has a 90 percent chance of becoming 

10 pregnant within a year. 

11 (4) The teen pregnancy and birth rates in the 

12 United States are higher than in any other Western 

13 industrialized country. 

14 (5) Some States currently collect data about the 

15 pregnancy and parenting status of secondary school 

16 students, but most do not, and there is no nation17 wide data collection on this important dimension of 

18 the student population. 

19 (6) Many pregnant and parenting students face 

20 significant barriers in enrolling, attending, and suc21 ceeding in school, including— 

22 (A) outright discrimination in violation of 

23 title IX of the Education Amendments of 1972; 


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1 (B) stigmatization and being made to feel 

2 unwelcome at school by administrators, teach3 ers, and peer students; 

4 (C) failure of States, local educational 

5 agencies, or schools to excuse students for pre6 natal and postnatal health care appointments 

7 and recovery; 

8 (D) difficulty maintaining academic 

9 progress while out of school leading up to or 

10 following the birth of a child; 

11 (E) juggling school work with parenting 

12 responsibilities; 

13 (F) lack of access to affordable quality 

14 child care and transportation to and from the 

15 child care arrangement and school, which can, 

16 as a practical matter, make it virtually impos17 sible for a parenting student to attend school 

18 regularly; and 

19 (G) stereotypes that future opportunities 

20 for postsecondary education or careers are lim21 ited for pregnant and parenting students, which 

22 can diminish students’ motivation to stay en23 gaged in school. 

24 (7) Overall, about 51 percent of teenaged moth25 ers have a high school diploma by age 22 compared 


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1 to 89 percent of women who didn’t have a teenaged 

2 birth. Young teenaged mothers are even less likely to 

3 graduate from high school. Fewer than four in ten 

4 (38 percent) mothers who have a child before they 

5 turn 18 have a high school diploma by age 22. 

6 (8) Only 2 percent of all teenagers who have a 

7 baby before age 18 ever graduate from college. 

8 (9) Even if students manage to stay in school 

9 while parenting one child, their risks of dropout are 

10 substantially increased if they have a second or sub11 sequent pregnancy. 

12 (10) Studies of females and males who dropped 

13 out of high school indicate that becoming a parent 

14 played a role in their discontinuation of school, and 

15 in many cases it played a major role. 

16 (11) Since teen pregnancy and parenting are 

17 significant risk factors for dropout, teen pregnancy 

18 prevention can go a long way toward improving high 

19 school graduation rates. 

20 (12) Females who do not earn a high school di21 ploma are especially likely to face severe economic 

22 consequences—to be unemployed, to earn very low 

23 wages, and to have to rely on public support pro24 grams—that significantly affect not only individual 


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1 students and their families, but also our national 

2 economy as a whole. 

3 (13) Studies of students who left school to care 

4 for a family member or because they became a par5 ent demonstrate that they would have worked harder 

6 to complete their secondary education if schools’ ex7 pectations of them had been higher and if they had 

8 been provided the necessary support. 

9 (14) Title IX of the Education Amendments of 

10 1972 (20 U.S.C. 1681 et seq.) prohibits educational 

11 institutions that receive Federal funding from dis12 criminating against pregnant and parenting stu13 dents, and its implementing regulations detail 

14 schools’ obligations to ensure that pregnant and par15 enting students have access to equal educational op16 portunities. 

17 (15) Some local educational agencies are mak18 ing active efforts to engage and re-engage pregnant 

19 and parenting youth in secondary education by im20 plementing voluntary programs that provide or ar21 range academic and support services for them, in22 cluding individualized graduation plans, flexible 

23 scheduling, homebound instruction for extended ab24 sences, school-based child care, transportation assistVerDate Mar 15 2010 16:33 Jul 29, 2010 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H5894.IH H5894

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1 ance, health and social service referrals, and parent 

2 education courses. 

3 (16) Federal financial assistance to local edu4 cational agencies to start or expand voluntary stu5 dent academic and support service programs and ini6 tiatives for pregnant and parenting students is im7 perative to helping these students prepare for ca8 reers and post-secondary education opportunities, 

9 and care for their children without need for long10 term public assistance. 

11 (b) PURPOSES.—The purposes of this Act are— 

12 (1) to ensure that each pregnant and parenting 

13 student has equal access to the same free, appro14 priate, high-quality public education that is provided 

15 to other students; 

16 (2) to improve high school graduation rates, ca17 reer-readiness, access to postsecondary educational 

18 opportunities, and outcomes for pregnant and par19 enting students and their children; and 

20 (3) to assist each State and local educational 

21 agency in improving its graduation rates and ful22 filling its responsibilities under title IX of the Edu23 cation Amendments of 1972 (20 U.S.C. 1681 et 

24 seq.) with respect to pregnant and parenting stu25 dents. 


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1 SEC. 3. GRANTS FOR STATE AND LOCAL ACTIVITIES FOR 

2 THE EDUCATION OF PREGNANT AND PAR3 ENTING STUDENTS. 

4 (a) IN GENERAL.—The Secretary of Education is au5 thorized to make grants to States to carry out the activi6 ties described in subsection (e). A grant made under this 

7 section shall be for a minimum of three years, and the 

8 Secretary shall have the discretion to renew the grant at 

9 the end of the grant period. 

10 (b) APPLICATION.—A State desiring to receive a 

11 grant under this section shall submit an application to the 

12 Secretary at such time, in such manner, and containing 

13 such information as the Secretary may reasonably require, 

14 including, at a minimum, the State plan described in sub15 section (f). 

16 (c) ALLOCATION OF FUNDS.— 

17 (1) RESERVATION OF FUNDS FOR NATIONAL

18 ACTIVITIES.—From the funds made available to 

19 carry out this Act, the Secretary may reserve not 

20 more than 5 percent for national activities. 

21 (2) ALLOTMENT TO THE SECRETARY OF THE

22 INTERIOR.—The amount allocated for payments 

23 under this Act to the Secretary of the Interior for 

24 any fiscal year shall be, as determined pursuant to 

25 criteria established by the Secretary, the amount 

26 necessary to meet the needs of— 


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1 (A) Indian children on reservations served 

2 by secondary schools for Indian children oper3 ated or supported by the Department of the In4 terior; and 

5 (B) out-of-State Indian children in elemen6 tary schools and secondary schools in local edu7 cational agencies under special contracts with 

8 the Department of the Interior. 

9 (3) FORMULA GRANTS TO STATES.—The Sec10 retary shall allocate to States having approved appli11 cations the funds remaining after the application of 

12 paragraphs (1) and (2) based on the percentage of 

13 the State’s number of teenaged pregnancies com14 pared to the number of teenaged pregnancies nation15 ally, except that the minimum grant for a State 

16 shall be $300,000. 

17 (4) SUPPLEMENT NOT SUPPLANT.—Grant 

18 funds provided under paragraph (3) shall be used 

19 only to supplement the funds that would, in the ab20 sence of such Federal funds, be made available from 

21 non-Federal sources for the education of pupils par22 ticipating in programs assisted under this Act, and 

23 not to supplant such funds. 

24 (d) USE OF FUNDS.— 


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1 (1) IN GENERAL.—Funds made available to a 

2 State under this Act shall be used for the following: 

3 (A) To provide or enhance educational pro4 grams and related services that enable pregnant 

5 and parenting students to enroll in, attend, and 

6 succeed in school, and that are culturally and 

7 linguistically competent. 

8 (B) To designate a Coordinator for Edu9 cation of Pregnant and Parenting Students in 

10 the State educational agency to direct and man11 age the State educational agency’s activities re12 lated to this Act, in collaboration with the 

13 State’s designated employee responsible for the 

14 State’s efforts to comply with and carry out, to 

15 the fullest extent, its responsibilities under title 

16 IX of the Education Amendments of 1972 (20 

17 U.S.C. 1681 et seq.). 

18 (C) To prepare and carry out a State plan 

19 described in subsection (f). 

20 (D) To develop and implement high-quality 

21 professional development programs for local 

22 educational agencies and school personnel. 

23 (E) To direct grants to rural and other 

24 local educational agencies without capacity to 

25 prepare an application for funds. 


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1 (F) To ensure that information about the 

2 program is disseminated to all local educational 

3 agencies and made publicly and readily avail4 able on the State educational agency’s website, 

5 including— 

6 (i) the name and contact information 

7 for the individuals described in subpara8 graph (B); 

9 (ii) a list of subgrantees; and 

10 (iii) an explanation of the rights of 

11 students and responsibilities of schools 

12 under title IX of the Education Amend13 ments of 1972 (20 U.S.C. 1681 et seq.), 

14 including investigation and complaint pro15 cedures as required under subsection (a) 

16 and (b) of section 106.8 of title 34, Code 

17 of Federal Regulations (as in effect on the 

18 date of the enactment of this Act). 

19 (2) RESERVATION FOR STATE-LEVEL ACTIVI20 TIES.—From the funds made available to a State 

21 under this Act, a State may reserve not more than 

22 10 percent for State-level activities. 

23 (3) SUBGRANTS.—The State shall distribute at 

24 least 90 percent of each State grant as subgrants to 


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1 local educational agencies in accordance with section 

2 4. 

3 (e) COORDINATOR FOR EDUCATION OF PREGNANT

4 AND PARENTING STUDENTS.—The Coordinator for Edu5 cation of Pregnant and Parenting Students in the State 

6 educational agency described in subsection (d)(1)(B) 

7 shall— 

8 (1) gather information on the nature and extent 

9 of State and local efforts to prevent teen pregnancy 

10 and the nature and extent of barriers to educational 

11 access and success facing pregnant and parenting 

12 students in the State, including information on re13 ported incidents of discrimination; 

14 (2) develop and carry out the State plan de15 scribed in subsection (f); 

16 (3) collect and report information to the Sec17 retary of Education, such as that which is listed in 

18 subparagraphs (A) through (C) of section 6(a)(6); 

19 (4) facilitate the coordination of services with 

20 the State agencies responsible for administering pro21 grams affecting children, youth, and families (in22 cluding for the purposes of maximizing the 

23 leveraging of resources from such agencies), includ24 ing— 


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1 (A) Temporary Assistance for Needy Fam2 ilies; 

3 (B) Medicaid; 

4 (C) Children’s Health Insurance Program; 

5 (D) pregnancy prevention, family planning, 

6 and maternal and child health programs; 

7 (E) Women, Infants and Children Food 

8 and Nutrition Service; 

9 (F) Supplemental Nutrition Assistance 

10 Program; 

11 (G) child care; 

12 (H) early childhood education, home visita13 tion, and child welfare programs; 

14 (I) workforce investment programs and 

15 postsecondary education; and 

16 (J) housing assistance and homeless assist17 ance programs. 

18 (5) coordinate and collaborate with educators, 

19 service providers, and local educational agency preg20 nant and parenting student liaisons; 

21 (6) provide technical assistance and training to 

22 local educational agencies, including the dissemina23 tion of best practices; and 

24 (7) report to the Secretary any complaints re25 ceived by the State about discrimination based on 


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1 pregnancy or parenting status and what actions 

2 were taken to address those complaints. 

3 (f) STATE PLAN.—Pursuant to subsection (d)(1)(C), 

4 each State shall submit a plan to provide for the education 

5 of pregnant and parenting students. Such plan shall in6 clude the following: 

7 (1) A description of how such students will be 

8 given the opportunity to meet the same rigorous aca9 demic achievement and college and career-readiness 

10 standards that all students are expected to meet. 

11 (2) A description of how the State will identify 

12 such students. 

13 (3) A description of training programs to raise 

14 awareness of school personnel regarding the rights 

15 and educational needs of pregnant and parenting 

16 students. 

17 (4) A description of procedures designed to en18 sure that students eligible for Federal, State, or 

19 local food, housing, health care, or child care pro20 grams are enrolled and able to participate in such 

21 programs. 

22 (5) A description of procedures designed to en23 sure that students eligible for Federal, State, or 

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1 cational services are enrolled in and able to partici2 pate in such programs. 

3 (6) Strategies that respond to the problems 

4 identified under subsection (e)(1). 

5 (7) A demonstration that the State and its local 

6 educational agencies have developed, reviewed, and 

7 revised policies to remove barriers to enrollment and 

8 retention of pregnant and parenting students in 

9 schools in the State. 

10 (8) Assurances that— 

11 (A) State educational agencies and local 

12 educational agencies will not stigmatize, dis13 criminate against, or involuntarily segregate 

14 students on the basis of pregnancy or par15 enting; 

16 (B) local educational agencies will des17 ignate a pregnant and parenting student liaison 

18 to communicate with the Coordinator for Edu19 cation of Pregnant and Parenting Students in 

20 the State educational agency and oversee the 

21 provision of services at the local educational 

22 agency and school levels; and 

23 (C) State educational agencies and local 

24 educational agencies will ensure that transporVerDate Mar 15 2010 16:33 Jul 29, 2010 Jkt 089200 PO 00000 Frm 00014 Fmt 6652 Sfmt 6201 E:\BILLS\H5894.IH H5894

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1 tation is provided for students who have an in2 ability to pay for transportation and who— 

3 (i) choose to attend programs for 

4 pregnant and parenting students located 

5 outside of their school of origin; or 

6 (ii) need transportation to and from 

7 school and the student’s child care provider 

8 for the student and the student’s child, re9 spectively. 

10 (9) Description of how the State will ensure 

11 that local educational agencies comply with require12 ments of this Act. 

13 (10) A description of technical assistance to be 

14 provided to local educational agencies. 

15 (g) PROFESSIONAL DEVELOPMENT AND PUBLIC

16 EDUCATION.—Each State and each local educational 

17 agency shall include in professional development and pub18 lic education materials reference to, and shall ensure that 

19 school personnel, students, and family members of stu20 dents are aware of title IX of the Education Amendments 

21 of 1972 (20 U.S.C. 1681 et seq.) and its implementing 

22 regulations, which set forth the Federal civil right to be 

23 free from discrimination on the basis of a student’s preg24 nancy, childbirth, false pregnancy, termination of preg25 nancy, or recovery therefrom. This includes the right to 


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1 be free from harassment and stigmatization on those 

2 bases, as well as the following: 

3 (1) The right to enroll in any school or program 

4 for which they would otherwise qualify. 

5 (2) If enrolled into a special program or sepa6 rate school, the right to an education equal in qual7 ity to that offered to other students in the ‘‘main8 stream’’ or ‘‘originating’’ school. 

9 (3) The right to decline to participate in a spe10 cialized program or separate school. 

11 (4) The right to continue their education in the 

12 school in which they were enrolled, or would have 

13 been enrolled, prior to the student’s pregnancy, 

14 childbirth, false pregnancy, termination of preg15 nancy, or recovery therefrom, including elementary 

16 or secondary schools, charter schools, honors and 

17 magnet programs, Advanced Placement and Inter18 national Baccalaureate programs, career and tech19 nical education programs, special education and non20 public school placements, alternative options or pro21 grams, migrant education, free and reduced lunch 

22 programs, services for English language learners, 

23 physical education programs, after-school academic 

24 programs, and any others for which they are other25 wise qualified. 


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1 (5) The right to participate in school activities 

2 including graduations and other ceremonies; to re3 ceive awards or peer recognition; to participate on 

4 field trips, student clubs and councils, in after-school 

5 activities, including cheerleading or athletics teams; 

6 and in any other school-related programs, subject to 

7 providing a medical release if that is required of all 

8 students who have physical or emotional conditions 

9 requiring the attention of medical personnel and who 

10 want to continue participating. 

11 (6) The right to the same benefits and services 

12 offered to students with other temporary disabilities. 

13 (7) The right to an excused absence for as long 

14 as the student’s physician deems it medically nec15 essary, without penalty, and automatic return to the 

16 status the student held prior to the leave of absence. 

17 (8) The right not to be retaliated against for 

18 raising awareness of, complaining about, or report19 ing discrimination. 

20 (h) COORDINATION FOR SUPPORT SERVICES.—Local 

21 educational agencies may coordinate with social services 

22 agencies, public health agencies, youth services providers, 

23 or other community-based organizations for the purposes 

24 of ensuring that pregnant and parenting students have ac25 cess to the academic support services they need to conVerDate Mar 15 2010 16:33 Jul 29, 2010 Jkt 089200 PO 00000 Frm 00017 Fmt 6652 Sfmt 6201 E:\BILLS\H5894.IH H5894

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1 tinue their education; and to raise awareness among agen2 cies about pregnant and parenting students and their edu3 cational rights and opportunities. 

4 (i) PREGNANT AND PARENTING STUDENT LIAI5 SON.—The duties of a local educational agency’s pregnant 

6 and parenting student liaison shall include— 

7 (1) identification, by consulting with school per8 sonnel, and by self-reports, of pregnant and par9 enting students in need of services to help them stay 

10 in school and succeed; 

11 (2) gathering information on the nature and ex12 tent of barriers to educational access and success 

13 facing pregnant and parenting students in the geo14 graphic area served by the local educational agency, 

15 including information on reported incidents of dis16 crimination; 

17 (3) ensuring and facilitating the continued en18 rollment of pregnant and parenting students in 

19 school in an academic program that best meets the 

20 educational goals of the student and his or her fam21 ily; 

22 (4) ensuring that the educational and related 

23 barriers faced by pregnant and parenting students 

24 are addressed, and that any services and referrals 

25 provided are culturally and linguistically competent; 


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1 (5) informing pregnant and parenting students 

2 of educational and related services extended to preg3 nant and parenting students and of their right 

4 under title IX of the Education Amendments of 

5 1972 (20 U.S.C. 1681 et seq.) to continue their edu6 cation; and 

7 (6) coordinating the provision of services in 

8 conjunction with the Coordinator for Education of 

9 Pregnant and Parenting Students in the State edu10 cational agency and with community organizations 

11 and partners. 

12 SEC. 4. LOCAL EDUCATIONAL AGENCY SUBGRANTS FOR 

13 THE EDUCATION OF PREGNANT AND PAR14 ENTING STUDENTS. 

15 (a) IN GENERAL.—A State educational agency re16 ceiving a grant under section 3 shall make competitive 

17 subgrants to local educational agencies for the purpose of 

18 facilitating the enrollment, attendance, and success in 

19 school of pregnant and parenting students. Services may 

20 be provided on school grounds or at other facilities. 

21 (b) APPLICATION.—Local educational agencies seek22 ing subgrants shall submit an application to the State edu23 cational agency in time and manner required by the State. 

24 The application shall include— 


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1 (1) an assessment of the educational and re2 lated needs of pregnant and parenting students in 

3 the local educational agency; 

4 (2) a description of the local educational agen5 cy’s plan for addressing those needs, and assurance 

6 that the specific services and programs for which 

7 subgrants are being sought are culturally and lin8 guistically competent; 

9 (3) assurance of the local educational agency’s 

10 compliance with local educational agency require11 ments established in section 3; and 

12 (4) a description of the local educational agen13 cy’s plan for continuing specific services and pro14 grams for which subgrants are being sought in case 

15 of the loss of or absence of Federal assistance. 

16 (c) AWARDS.—Subgrants under this section shall be 

17 awarded on the basis of need and the strength of the appli18 cation in meeting the requirements and goals of this Act. 

19 Priority consideration shall be given to applications from 

20 local educational agencies serving students in geographic 

21 areas with— 

22 (1) teen pregnancy rates that are higher than 

23 the State average; or 

24 (2) teen pregnancy rates below the State aver25 age but having one or more racial or ethnic groups 


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1 with teen pregnancy rates higher than the State av2 erage. 

3 (d) DURATION.—Subgrants under this section shall 

4 be for periods not to exceed 3 years. 

5 (e) REQUIRED ACTIVITIES.—Subgrant funds shall be 

6 expended for activities that include— 

7 (1) the provision of academic support services 

8 for pregnant and parenting students, which may in9 clude, but are not limited to academic counseling, 

10 the development of individualized graduation plans, 

11 assistance with class scheduling, assistance with 

12 planning for and gaining access to postsecondary 

13 educational opportunities, assistance securing tutor14 ing or other academic support services, tutoring, 

15 supplemental instruction, homework assistance, or 

16 other educational services, such as homebound in17 struction services to be provided during extended 

18 leaves of absence due to pregnancy complications, 

19 childbirth, or the illness of a student’s child, to keep 

20 the student on track to finish the student’s classes 

21 and graduate; 

22 (2) assistance to pregnant and parenting stu23 dents in gaining access to quality, affordable child 

24 care and early childhood education services; 


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1 (3) the provision of transportation services or 

2 assistance so that parenting students and their chil3 dren can get to and from school and child care, re4 spectively, and so that pregnant students unable to 

5 walk long distances can get to school if transpor6 tation is not already provided for that student; 

7 (4) the provision of services and programs to 

8 attract, engage, and retain pregnant and parenting 

9 students in school, including informing pregnant and 

10 parenting teenagers and their family members and 

11 caring adults of their right to continue their edu12 cation, the importance of doing so, and the con13 sequences of not doing so; 

14 (5) the education of students, parents and com15 munity members about the educational rights of 

16 pregnant and parenting students; 

17 (6) the professional development of school per18 sonnel regarding the challenges facing pregnant and 

19 parenting students and their educational rights; 

20 (7) proactive outreach efforts to assist pregnant 

21 and parenting teenagers with excessive absences and 

22 to re-enroll pregnant or parenting teenagers who 

23 have dropped out of school; and 

24 (8) the revision of school policies and practices 

25 to remove barriers and to encourage pregnant and 


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1 parenting students to continue their education, such 

2 as revising attendance policies to allow for students 

3 to be excused from school for— 

4 (A) attendance at pregnancy-related med5 ical appointments, including expectant fathers 

6 who are students; 

7 (B) fulfillment of the student’s parenting 

8 responsibilities, including arranging child care, 

9 caring for the student’s sick child or children, 

10 and attending medical appointments for the 

11 student’s child or children; and 

12 (C) such other situations beyond the con13 trol of the student as determined by the board 

14 of education in each local educational agency, 

15 or such other circumstances which cause rea16 sonable concern to student or the student’s par17 ent for the safety or health of the student, for 

18 example addressing circumstances resulting 

19 from domestic or sexual violence. 

20 (f) ALLOWABLE ACTIVITIES.— 

21 (1) IN GENERAL.—Subgrant funds may be ex22 pended for allowable activities such as— 

23 (A) the provision of child care and early 

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1 ices directly on school grounds or by other ar2 rangement, such as by providing financial as3 sistance to obtain such services at a child care 

4 facility within a reasonable distance of the 

5 school; 

6 (B) the provision of case management 

7 services to pregnant and parenting students, 

8 such as assistance with applying for and access9 ing public benefits and Federal financial aid for 

10 postsecondary education and training; 

11 (C) the provision of, or referrals to, preg12 nancy prevention, primary health care, maternal 

13 and child health, family planning, mental 

14 health, substance abuse, housing assistance, 

15 homeless assistance, legal aid, and other serv16 ices needed by the student; 

17 (D) the provision to student parents, and 

18 at a student’s request, also to a non-student 

19 parent or other family members and caring 

20 adults, of training and support in parenting 

21 skills, healthy relationship skills, and other life 

22 skills such as goal setting, budgeting, time 

23 management, financial literacy, networking, job 

24 interviewing, applying for college and securing 

25 financial aid; 


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1 (E) the provision of educational and career 

2 mentoring services and peer groups, whether 

3 during school hours or after school; 

4 (F) the provision of emergency financial or 

5 in-kind assistance to a parenting student to ful6 fill the basic human needs of a student and the 

7 student’s child; and 

8 (G) efforts to create a positive school cli9 mate for pregnant and parenting students, in10 cluding addressing discrimination against, har11 assment and stigmatization of pregnant and 

12 parenting students. 

13 (2) MEDICALLY ACCURATE AND COMPLETE IN14 FORMATION.—With respect to information provided 

15 under subparagraph (C), whether provided by local 

16 educational agencies or by contract or arrangement 

17 as described in subsection (g), the information shall 

18 be, where appropriate, medically accurate and com19 plete. For purposes of the preceding sentence, the 

20 term ‘‘medically accurate and complete’’ means 

21 verified or supported by the weight of research con22 ducted in compliance with accepted scientific meth23 ods and— 

24 (A) published in peer-reviewed journals, 

25 where applicable; or 


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1 (B) comprising information that leading 

2 professional organizations and agencies with 

3 relevant expertise in the field recognize as accu4 rate, objective, and complete. 

5 (g) ACTIVITIES OF NONPROFIT COMMUNITY ORGANI6 ZATIONS.—Local educational agencies may provide and 

7 expend subgrant funds on required activities authorized 

8 in subsection (e) or allowable activities authorized in sub9 section (f) directly or by contract or arrangement with so10 cial services agencies, public health agencies, youth serv11 ices providers, or other nonprofit community-based organi12 zations with experience effectively assisting pregnant and 

13 parenting students to stay in school by conducting the ac14 tivities described in subsections (e) and (f). 

15 SEC. 5. CONVERSION TO CATEGORICAL PROGRAM IN 

16 EVENT OF FAILURE OF STATE REGARDING 

17 EXPENDITURE OF GRANTS. 

18 (a) IN GENERAL.—The Secretary shall, from the 

19 amounts specified in subsection (b), make grants to local 

20 educational agencies in a State described in subsection (b) 

21 for the required activities specified in section 4(e) and the 

22 allowable activities specified in section 4(f). 

23 (b) SPECIFICATION OF FUNDS.—The amounts re24 ferred to in subsection (a) are any amounts that would 


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1 have been allocated to a State under section 3(c)(3) that 

2 are not paid to the State as a result of— 

3 (1) the failure of the State to submit an appli4 cation under section 3(b); 

5 (2) the failure of the State, in the determina6 tion of the Secretary, to prepare the application in 

7 accordance with such section or to submit the appli8 cation within a reasonable period of time; or 

9 (3) the State informing the Secretary that the 

10 State does not intend to expend the full amount of 

11 such allocation. 

12 SEC. 6. NATIONAL ACTIVITIES. 

13 (a) IN GENERAL.—The Secretary of Education shall 

14 carry out the following activities: 

15 (1) Review of State plans to ensure they ade16 quately address all of the elements listed in section 

17 3(f) of this Act. 

18 (2) Provide technical assistance to State edu19 cational agencies. 

20 (3) Provide guidance to Federal programs and 

21 grantees likely to have contact with pregnant and 

22 parenting students and their family members and 

23 caring adults regarding the educational rights of 

24 pregnant and parenting students and the State eduVerDate Mar 15 2010 16:33 Jul 29, 2010 Jkt 089200 PO 00000 Frm 00027 Fmt 6652 Sfmt 6201 E:\BILLS\H5894.IH H5894

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1 cational agencies responsibilities, including the re2 sponsibilities under this Act. 

3 (4) At the end of each 3-year grant period, con4 duct a rigorous, evidence-based, comprehensive eval5 uation of the local educational agency programs 

6 funded by these grants and their effectiveness in im7 proving graduation rates and educational outcomes 

8 for pregnant and parenting students. The findings 

9 of such evaluations shall be reported to Congress. 

10 (5) Conduct a one-time national evaluation of 

11 pregnant and parenting student access to education 

12 program service delivery models, directly or via con13 tract with an independent research institution. Iden14 tify and disseminate the findings and best practices 

15 at the State and local levels, including models of 

16 programs that are successful at, or show promise of, 

17 serving specific racial or ethnic groups or have been 

18 modified and tested with specific racial or ethnic 

19 groups, and create an online best practices clearing20 house as a resource for other State educational 

21 agencies and local educational agencies. 

22 (6) Annually collect and disseminate nonperson23 ally identifiable data and information, in a manner 

24 protective of student privacy, on— 


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1 (A) the number of pregnant and parenting 

2 students enrolled in school; 

3 (B) rates and participation of pregnant 

4 and parenting students in mainstream or origi5 nating schools, rates and participation of preg6 nant and parenting students in alternative pro7 grams and, for each alternative program, an in8 dication as to whether it is offered in a main9 stream school or off-site, as well as data, bro10 ken down by school or program, on— 

11 (i) pregnant and parenting students’ 

12 performance on academic assessments; 

13 (ii) pregnant and parenting students’ 

14 graduation rates, dropout rates and trans15 fer rates; 

16 (iii) rates of usage by pregnant and 

17 parenting students of child care services or 

18 assistance (if offered); and 

19 (iv) rates of usage by pregnant or 

20 parenting students of other services offered 

21 (broken down by type of service); and 

22 (C) such other data and information as the 

23 Secretary determines to be necessary and rel24 evant. 


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1 (7) Coordinate data collection and dissemina2 tion with the agencies and entities that receive funds 

3 under this Act and those that administer programs 

4 in accordance with this Act. 

5 (b) REPORTING RATES.—Notwithstanding subsection 

6 (a)(6)(B), if the number of pregnant and parenting stu7 dents in a particular school or program is smaller than 

8 the N size, it shall be reported by local educational agency, 

9 and if the number of pregnant and parenting students 

10 under the jurisdiction of the local educational agency is 

11 smaller than the N size, it should be reported by State. 

12 SEC. 7. EFFECT ON FEDERAL AND STATE NONDISCRIMINA13 TION LAWS. 

14 Nothing in this Act shall be construed to preempt, 

15 invalidate, or limit rights, remedies, procedures, or legal 

16 standards available to victims of discrimination or retalia17 tion under any other Federal law or a law of a State or 

18 political subdivision of a State, including title VI of the 

19 Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.), title 

20 IX of the Education Amendments of 1972 (20 U.S.C. 

21 1681 et seq.), section 504 of the Rehabilitation Act of 

22 1973 (29 U.S.C. 794), the Americans with Disabilities Act 

23 of 1990 (42 U.S.C. 12101 et seq.), section 1557 of the 

24 Patient Protection and Affordable Care Act of 2010 (Pub25 lic Law 111–148), or section 1979 of the Revised Statutes 


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1 (42 U.S.C. 1983). The obligations imposed by this Act are 

2 in addition to those imposed by title IX of the Education 

3 Amendments of 1972 (20 U.S.C. 1681 et seq.), title VI 

4 of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.), 

5 the Americans with Disabilities Act of 1990 (42 U.S.C. 

6 12101 et seq.), and section 1557 of the Patient Protection 

7 and Affordable Care Act of 2010 (Public Law 111–148). 

8 SEC. 8. AUTHORIZATION OF APPROPRIATIONS. 

9 There are authorized to be appropriated to carry out 

10 this Act $100,000,000 for fiscal year 2011 and such sums 

11 as may be necessary for fiscal years 2012 through 2015. 

Æ 


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