Pregnant Students’ Rights Act
Bill: S.4277 | Sponsor: Sen. Rubio, Marco (R-FL)
Policy area: Education

Summary:
Pregnant Students' Rights Act
This bill requires a public institution of higher education (IHE) that participates in federal student-aid programs to provide information to admitted and enrolled students on the rights and resources for students who are pregnant or may become pregnant. These rights and resources must exclude abortion services.
Additionally, the IHE must establish a protocol to meet with students who believe they were discriminated against based on pregnancy.
The IHE must also provide pregnancy-related questions to enrolled students and annually submit compiled responses to the Department of Education.

To require public institutions of higher education to disseminate 
  information on the rights of, and accommodations and resources for, 
               pregnant students, and for other purposes.

    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 Students' Rights Act''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) Female students who are enrolled at institutions of 
        higher education and experiencing unplanned pregnancies may 
        face pressure that their only option is to receive an abortion 
        or risk academic failure.
            (2) 27.6 percent of all abortions in the United States are 
        performed on women of college age, between the ages of 20 and 
        24, according to a 2019 report by the Centers for Disease 
        Control and Prevention.
            (3) A significant proportion of abortions in the United 
        States are performed on women of college age who may be unaware 
        of their rights under title IX of the Education Amendments of 
        1972 (20 U.S.C. 1681 et seq.) or deprived of an alternative to 
        receiving an abortion.
            (4) Additionally, women on college campuses may fear 
        institutional reprisal, loss of athletic scholarship, and 
        possible negative impact on academic opportunities.
            (5) An academic disparity exists because of the lack of 
        resources, support, and notifications available for female 
        college students who do not wish to receive an abortion or who 
        carry their unborn babies to term.

SEC. 3. NOTICE OF PREGNANT STUDENT RIGHTS, ACCOMMODATIONS, AND 
              RESOURCES.

    Section 485 of the Higher Education Act of 1965 (20 U.S.C. 1092) is 
amended by adding at the end the following:
    ``(n) Pregnant Students' Rights, Accommodations, and Resources.--
            ``(1) Information dissemination activities; establishment 
        of protocol.--
                    ``(A) In general.--Each public institution of 
                higher education participating in any program under 
                this title shall--
                            ``(i) in a manner consistent with title IX 
                        of the Education Amendments of 1972 (20 U.S.C. 
                        1681 et seq.), carry out the information 
                        dissemination activities described in 
                        subparagraph (B) for admitted but not enrolled 
                        and enrolled students (including those 
                        attending or planning to attend less than full 
                        time) on the rights and resources (including 
                        protections and accommodations) for pregnant 
                        students (or students who may become pregnant) 
                        while enrolled at such institution of higher 
                        education that--
                                    ``(I) exclude abortion services;
                                    ``(II) may help such a student 
                                carry their unborn babies to term; and
                                    ``(III) include information on how 
                                to file a complaint with the Department 
                                if such a student believes there was a 
                                violation of title IX of the Education 
                                Amendments of 1972 (20 U.S.C. 1681 et 
                                seq.) by the institution on account of 
                                such student's pregnancy; and
                            ``(ii) establish a protocol to meet with a 
                        student described in clause (i)(III), which 
                        shall include a meeting with relevant 
                        leadership at the institution of higher 
                        education, and other relevant parties.
                    ``(B) Description of information dissemination 
                requirements.--The information dissemination activities 
                described in this subparagraph shall include--
                            ``(i) annual campus-wide emails; or
                            ``(ii) the provision of information in 
                        student handbooks, at each orientation for 
                        enrolled students, or on the publicly available 
                        website of the institution of higher education.
            ``(2) Annual report to congress.--
                    ``(A) In general.--Each public institution of 
                higher education participating in any program under 
                this title shall--
                            ``(i) on an annual basis, compile and 
                        submit to the Secretary--
                                    ``(I) responses to the questions 
                                described in subparagraph (B) from 
                                students enrolled at such institution 
                                of higher education who voluntarily 
                                provided such responses; and
                                    ``(II) a description of any actions 
                                taken by the institution of higher 
                                education to address each complaint by 
                                a student that there was a violation of 
                                title IX of the Education Amendments of 
                                1972 (20 U.S.C. 1681 et seq.) by the 
                                institution on account of such 
                                student's pregnancy, including any 
                                actions taken in accordance with the 
                                protocol established under paragraph 
                                (1)(A)(ii); and
                            ``(ii) ensure that any such responses 
                        remain confidential and do not reveal any 
                        personally identifiable information with 
                        respect to a student.
                    ``(B) Questions for enrolled students.--The 
                questions described in this subparagraph shall 
                include--
                            ``(i) if such student experienced an 
                        unexpected pregnancy while enrolled at the 
                        institution of higher education;
                            ``(ii) if such student felt there were 
                        adequate resources on campus relating to 
                        protections, accommodations, and other 
                        resources for pregnant students besides 
                        abortion-related services;
                            ``(iii) if such a student believes there 
                        was a violation of title IX of the Education 
                        Amendments of 1972 (20 U.S.C. 1681 et seq.) by 
                        the institution on account of such student's 
                        pregnancy; and
                            ``(iv) if such student considered dropping 
                        out or withdrawing from classes because of 
                        pregnancy, new motherhood, stillbirth, or 
                        miscarriage.
                    ``(C) Report.--The Secretary shall, on an annual 
                basis--
                            ``(i) prepare a report that compiles the 
                        responses received under subparagraph (A) from 
                        each public institution of higher education 
                        participating in any program under this title; 
                        and
                            ``(ii) submit such report to the 
                        authorizing committees, and the Committees on 
                        Appropriations of the House of Representatives 
                        and the Senate.''.
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